State Rep. Eric Johnson on Monday asked a judge to dismiss a lawsuit that would kick him and other Democrats off the November general election ballot.
The suit, brought by the Dallas County Republican Party, contends that the candidates are ineligible to be on the ballot because Carol Donovan, the chairperson of the Dallas County Democratic Party, didn’t physically “sign” or certify the petitions that were ultimately accepted by the Texas secretary of state’s office.
Johnson, an intervenor in the case against Donovan and the Dallas County Democratic Party, says the Texas law does not require Donovan to sign the petitions. In his suit, he contends the Texas Citizens Participation Act assures his place on the ballot, which is an exercise of free speech, protection against “meritless” or “retaliatory” lawsuits.
“This lawsuit is part of a disturbing pattern of the GOP finding problems where they do not exist, which have the effect, if not the intent, of keeping minority voters from electing the candidates of their choice,” said Johnson, D-Dallas. “I pray that the court will conclude the GOP’s completely baseless lawsuit should be dismissed, so I can turn my full attention back to serving my constituents.”
Before the case can be heard, a judge will consider whether state District Judge Eric Moye should preside over it. That hearing is set for March 26.
See here and here for the background, and here for a link to Rep. Johnson’s motion. The law the motion relies on is here, and I’ll leave it to the attorneys to assess the merits of the argument. I’ve read the motion and it’s fairly technical, but as far as I can tell it’s basically the same logic I heard people express when the suit was first filed. We’ll (eventually) see what the courts make of it.