| Fifth Court of Appeals: Brimer case against Davis moot |
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| by Lone Star Report | Mon, Oct 6, 2008, 11:18 PM |
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Sen. Kim Brimer's (R-Fort Worth) second attempt to get Democratic opponent Wendy Davis removed from the ballot for ineligibility was denied today by the 5th Court of Appeals. Davis welcomed the ruling, saying: "I am very pleased with the Court's decision today, and I look forward to continuing my conversation with Tarrant County families about the issues they are facing. What I'm offering voters is a representative who will bring real change to the way Austin does business."
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written by Clyde Caldwell , October 07, 2008 Interesting; but this may not be the "last word" : it will be if Brimer is re-elected; but if Davis gets more votes than Brimer, there may be another round of litigation. The "meat of the coconut" in this opinion states : "Brimer's only legally recognized interest in pursuing this appeal is to avoid being opposed by an ineligible candidate. Even if Davis is ineligible to hold office - an issue we do not reach in this appeal - her name will be included on the November 4, 2008 general election ballot in opposition to Brimer. We cannot, at this point, change that outcome and, therefore, this appeal is moot. Accordingly, we dismiss this appeal...." Write comment
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