U.S. Rep Sheila Jackson Lee, D-Houston, asked a state district judge Friday to toss out a lawsuit filed against her by an opponent in the November general election.
Jackson Lee's motion in state district court claims the suit brought against her by Tom Bazan, an independent candidate for the 18th Congressional District Jackson Lee represents, is "legally wrong and factually wrong," said John O'Quinn, the congresswoman's attorney.
Bazan filed his suit July 15 in state district court, claiming Jackson Lee is ineligible for the general election Nov. 2 because she did not file her application on time for the Democratic Primary earlier this year.
Jackson Lee's application is dated Jan. 13. The deadline was Jan. 16. Gerry Birnberg, chairman of the Harris County Democratic Party, said in an affidavit attached to Jackson Lee's motion that he witnessed her sign, date and turn in the application before the deadline.
By law, Bazan should have filed his lawsuit before the primary election, O'Quinn said.