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July 22, 2008

Court rules that Davis is eligible to run against Brimer

Brimer charged that Davis was ineligible to run for his state senate seat because she filed before her replacement on the Fort Worth City Council had been sworn in.

Democrat Wendy Davis is eligible to run against state Sen. Kim Brimer, R-Fort Worth, in November, according to a civil court ruling.

When asked if Brimer planned to appeal the ruling, his lawyer, Nick Acuff, said "I think so."

Brimer filed a lawsuit against Davis last month, charging that she is ineligible to run against him because she filed for his state senate seat before her replacement on the Fort Worth City Council had been sworn in. Davis, a Democrat, has said she was complying with local and state law by remaining in her council seat for months after announcing her resignation.

The lawsuit was nearly identical to one brought by three Fort Worth firefighters against Davis in January. A three-judge panel ruled that the firefighters did not have legal standing to challenge Davis' eligibility. Outside the courtroom, Davis said she was confident the ruling will stand through appeals.

"I'm very very confident in the law and I'm very confident, that regardless of the appellate level that hears this case, we are legally on the ballot," she said.

She also said she looked forward to continuing with her campaign.

"I hope it sends a message to my opponent," Davis said. "That message being that it's time to start debating the issues that are important to the voters of Senate District 10 and put aside these petty legal obstacles."

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