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Davis to be on Nov. 4 ballot after deadline passes without court ruling

FORT WORTH — Wendy Davis will be on the Nov. 4 ballot as the Democratic challenger to Republican state Sen. Kim Brimer, but she could still be declared ineligible to be elected.

Brimer challenged the former Fort Worth city councilwoman’s candidacy in state district court, which ruled in Davis’ favor in late July. Brimer’s appeal remains pending before the 2nd Court of Appeals in Fort Worth, which failed to act by Friday — the last day a candidate’s name can be removed from the November ballot.

"A candidate can still be declared ineligible after today," Scott Haywood, a spokesman for the Texas secretary of state, said Friday. "But if that person wins, the seat would be vacant."

He said it is up to the courts or party chairs to declare a candidate ineligible.


The legal fight Brimer sued July 3, contending that Davis filed to run for higher office before her replacement on the City Council was sworn in.

State District Judge Tom Lowe ruled in late July that Davis is eligible to run. Brimer appealed to the 2nd Court of Appeals. Davis maintains that she followed state law and city charter rules through every step of the process.

Matt Latham, Davis’ campaign manager, said Friday that her camp has been confident that the court will rule in her favor. "We’re looking forward to putting Mr. Brimer’s political stunts behind us and continuing on with the campaign."

A representative for Brimer’s campaign did not respond to phone or e-mail messages Friday.

What’s next? A court clerk for the 2nd Court of Appeals said that all parties have submitted briefs in the case and that the court will schedule a "submission date." It is unclear whether oral arguments will be included or when the court might rule on Brimer’s appeal.

On Thursday, Fort Worth City Councilman Chuck Silcox joined the lawsuit as a third-party witness. Attorneys for Silcox asked the appellate court to clarify city charter rules regarding the swearing-in process.

Also joining the case as a third-party witness Thursday was state Sen. Jeff Wentworth, R-San Antonio, who was involved in a similar lawsuit in 1992. His attorneys asked the appellate court to clarify the intent of state law and court rulings regarding officeholders who remain in office after announcing their intent to seek higher office.

ANTHONY SPANGLER, 817-390-7420