Republican state Sen. Kim Brimer will appeal a ruling that his Democratic challenger, Wendy Davis, is eligible to run against him in November.
A state district judge ruled Tuesday that Davis, a former city councilwoman, is eligible to run.
"We are in the process of both: campaigning for the fall election and appealing the district court's decision on our opponent's eligibility," according to a statement from Brimer's campaign.
Davis' office said Brimer's attitude and response are why she chose to challenge him for the office.
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"Mr. Brimer still doesn't get it," said Matt Latham, Davis' campaign manager, in a statement. "After his second failed attempt to deny the voters of Senate District 10 a voice in their choice for state senator, he continues to hide behind his lawyers or even to face his opponent in a public debate of the issues important to the good people of District 10."
Brimer's office said in the statement that he would debate Davis if an appeals court rules she is eligible — and if she repays the salary she earned as a city councilwoman from May 2007 to January 2008.
Brimer sued Davis last month alleging she is ineligible to run because she filed to run before her replacement on the council had been sworn in. Davis has maintained she complied with state and local law.