Appeals court rejects lawmaker's suit to bar rival

[JonLP24]

Source: Star - Telegram

FORT WORTH, Texas -- An appeals court has stopped a Republican state senator's attempts to disqualify his Democratic opponent.

The 5th Court of Appeals in Dallas upheld a July ruling by state District Judge Tom Lowe, who said former Fort Worth City Councilwoman Wendy Davis is eligible to challenge state Sen. Kim Brimer, R-Fort Worth, on the November ballot.

The appeals court said in its opinion that "Brimer's only legally recognized interest in pursuing this appeal is to avoid being opposed by an ineligible candidate." The case had been transferred from the Fort Worth appeals court.

Justice Mark Whittington wrote that Brimer's challenge was moot because the Aug. 22 deadline had passed to remove a candidate from the ballot.

"Even if Davis is ineligible to hold office - an issue we do not reach in this appeal - her name will be included on the ... general election ballot in opposition to Brimer. We cannot, at this point, change that outcome and, therefore, this appeal is moot," the justices wrote.



Read more: http://www.star-telegram.com/448/story/956580.html

[rpannier]

1. Nice try

They'll sink to any level