January 23, 2008
Court hearing on Wendy Davis' ballot eligibility

As noted before, today was the day for the court hearing regarding SD10 candidate Wendy Davis' ballot eligibility. PoliTex has a nice liveblog of the proceedings, which to my layman's eyes look like they went favorably for Davis. It appears the court may have a ruling tomorrow, at which point we'll see if the firefighters take this back to the Supreme Court. Check it out.

UPDATE: As noted by blank in the comments, Davis won this ruling.

The Second Court of Appeals ruled that three Fort Worth firefighters had no standing to challenge Davis' eligibility to seek the Democratic Party's nomination.

Firefighters Javier Cerda, Cullen Cox and Rickey Turner had asserted in their lawsuit that Davis is ineligible to run because her council term ended Jan. 8, six days after the deadline to file for the March 4 Democratic primary.


The ruling appeared to sidestep the legal question at the center of the suit: whether elected officials must relinquish their seat when running for public office or just announce their resignation and wait for a replacement to be sworn in.

Davis' campaign has asserted that the Fort Worth Firefighters Association filed the suit on behalf of Brimer. The association has endorsed Brimer. Brimer's campaign representative, Bryan Eppstein, has also been a consultant for the firefighters association.

Brimer's campaign spokesman Jared Cox said Brimer had no comment on the case or Davis' allegation. When asked twice Wednesday whether he advised the firefighters on this lawsuit, Eppstein gave the same response both times: "It's their initiative."

I will be very surprised if this is not appealed to the Supreme Court. Stay tuned.

Posted by Charles Kuffner on January 23, 2008 to Election 2008

Davis wins. Thank goodness.

Posted by: blank on January 23, 2008 5:21 PM