August 26, 2008
Kim's last dance

One last day in court for State Sen. Kim Brimer.

The 2nd Court of Appeals in Fort Worth is scheduled to hear oral arguments in the lawsuit filed by Texas Sen. Kim Brimer, R-Fort Worth, to keep Democratic challenger Wendy Davis off the November ballot.

Both side have submitted briefs outlining their positions. The court is set to hear oral arguments on Sept. 18 at 9:30 a.m.

Judges are not bound to any timetable for rendering a decision. The court already let pass a deadline for ineligible candidates to be removed the ballot.

As we know, the Supreme Court has already turned Brimer down. I suppose the 2nd Court of Appeals could, in theory, just not get around to issuing a ruling till after the election. I don't seriously think that will happen, but who knows, maybe they'll want to mess with us.

What happens if this court rules Davis is ineligible, given that the deadline has passed?

Last week, a spokesman for the Texas Secretary of State said that candidates can still be declared ineligible before voters hit the polls in November, but that if an ineligible candidate wins a race that seat would be left vacant pending a special election.

And I imagine if that were to happen here, Davis would win the special election handily. It'd save us all a lot of time and money if the court would just leave this alone. Let's hope they do the right thing.

Posted by Charles Kuffner on August 26, 2008 to Election 2008
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