State Sen. Kim Brimer, R-Fort Worth, filed a lawsuit today against Tarrant County Democratic Party Chair Steve Maxwell, Texas Democratic Party Chair Boyd Richie and his Democratic opponent Wendy Davis.
The suit requests the court to "disqualify Davis from the November 2008 general election."
The suit follows the same line of argument as three Fort Worth firefighters charged back in January, when they alleged in a suit that Davis couldn't run for the state senate because she didn't officially step down from her seat on the Fort Worth City Council before filing her candidacy.
"In effect, Davis sought to become a candidate for the Legislature at the same time she continued to hold a 'lucrative office', exercise her duties and enjoy the benefits of office as a member of the City Council," the suit alleges.
State election law prohibits officeholders from running for the Legislature, but state law also requires resigning officeholders to hold their seats until their successors are sworn in, according to city of Fort Worth officials.
A three-judge panel in that case ruled that the firefighters didn't have standing to challenge Davis' eligibility, only a political opponent did.
We asked Brimer back in February whether he would file his own suit. He wouldn't say.
UPDATE: The Texas Blue suggests that the ruling in the Bill Dingus lawsuit bodes well for Davis.
UPDATE: Marc G has more.Posted by Charles Kuffner on July 03, 2008 to Election 2008