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Flynn officially on HD138 primary ballot

Score two for formerly-booted candidates.

Josh Flynn

In mediation last Friday, [candidate Josh Flynn and the Harris County Republican Party] agreed that Flynn would appear on the upcoming primary ballot [for HD138].

[HCRP Chair Paul] Simpson said in a statement that he challenged Flynn’s eligibility to “protect the integrity of the ballot,” and continued to dispute that Flynn should be allowed to run.

“As Texas law also requires, we agreed that Mr. Flynn’s name will remain on the primary ballot, even though he is ineligible to run,” Simpson said.

An attorney for Simpson and the party echoed that.

“We’ve left (Flynn) on the ballot because the law requires us to do so, but unless a judge rules otherwise, he’s still ineligible,” said Trey Trainor, an Austin-based attorney.

Regardless of the outcome of the primary, lingering ambiguity about Flynn’s eligibility could be bad for the Republican Party, Rice University political science Professor Mark Jones said.

If Flynn wins the primary, Jones said, his Democratic opponent in the general election could seek to have him declared ineligible. And they would be able to use the Republican Party’s own words to bolster that claim.

The Texas Supreme Court then would need to rule on whether Flynn was allowed to run, and clarify what is or is not a “lucrative office.”

If such a decision goes against Flynn, local precinct chairs would appoint a replacement candidate, which Jones said could be seen as a subversion of the voters’ will.

Even if a court sides with Flynn, Jones said, the legal dispute could cost valuable time, money and resources in the race for House District 138, which GOP Rep. Dwayne Bohac won by only 47 votes in 2018. Bohac announced late last year that he would not seek reelection.

See here and here for the background. I don’t have much else to add – I thought Flynn had the stronger case, and I think the Lege ought to clarify this situation. How much any of this matters, in March and in November, I have no idea. If the district is still on the razor’s edge, then every little bit does count, but given the way things have been going, maybe it’s all academic. As with all the other races of interest, let’s see what the finance reports tell us.

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