Who gets to rule on Oliver’s eligibility for the ballot?

We’re waiting for a ruling in the Lloyd Oliver lawsuit, but before we get a ruling in the case we must first get a ruling on who gets to rule in the lawsuit.

Tuesday’s federal court hearing centered largely on arguments between Democratic Party lawyer Chad Dunn and the leader of Oliver’s six-man defense team, Keith Gross, on whether the legal issues at hand should be heard in a federal court or a state court. After hearing 35 minutes of arguments, U.S. District Judge Lee Rosenthal said she will rule as quickly as she can on which court should consider the question.

First Assistant County Attorney Terry O’Rourke told Rosenthal the county’s “drop-dead” date for determining which candidates will appear on the ballot is Sept. 6, to allow time for legal elections processes to play out before the Nov. 6 vote.

That’s Thursday, so I presume we’ll at least get Judge Rosenthal’s ruling about jurisdiction today. Anyone want to make a guess about how this turns out?

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4 Responses to Who gets to rule on Oliver’s eligibility for the ballot?

  1. Jerad Najvar says:

    Judge Rosenthal issued an order Friday remanding the case to state court. The order is here: http://www.scribd.com/doc/104878536/20120831-ORDER-Remanding-Lloyd-Oliver-v-Lane-to-Harris-County-district-ct

  2. joshua bullard says:

    theres clearly a federal question as when the state voters are disinfranchisedt his causes the federal courts to get involved-this will be the judges ruling- the case stays under federal juridiction-it does not go back to state court-also the federal courts keep oliver on the ballot.

    as it should be
    joshua ben bullard

  3. Jerad Najvar says:

    I attended the (informal) hearing today. The case will stay with Judge Bill Burke in the 189th Dist Ct. Argument on Oliver’s motion for temporary injunction is tomorrow, 9/5, at 8 am. Judge Burke said that he intends to rule by the end of the day tomorrow so that, whatever the outcome, State and County officials can finalize the ballots by 9/6. Unless preparations are already being sought with the 1st or 14th Ct of Appeals, this schedule doesn’t leave much chance to take an appeal and get a ruling.

  4. Jerad, thanks very much for the updates. They are most helpful.

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