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State District Court Denies Brimer Ballot Challenge

After very brief deliberation, State District Court Judge Tom Lowe denied Republican State Senator Kim Brimer’s effort to knock his Democratic challenger, Wendy Davis, off the November ballot. Judge Lowe upheld Davis’ position on every important disputed point. (Source: Case# 236-231160-08, July 22, 2008)

The quick decision is a victory for Davis and another setback for the longtime incumbent Kim Brimer, who has been dogged by ethical scandals and low poll numbers.  

Since the candidate filing deadline in January, Kim Brimer has  remained in virtual hiding, focusing almost entirely on a desperate effort to avoid a contest with Davis. Earlier this year, Brimer attempted to use an allied organization as a proxy to challenge Davis, but the case was quickly dismissed. Since then, he has kept a low profile and avoided most communication with the press and public while plotting this latest legal move.  Brimer even refused to appear before, during or after today’s Court proceedings, which he initiated.

Now that Kim Brimer himself has been rebuked by the District Court, he must decide whether to pursue the case through appeals or abandon further legal maneuvers and engage in a defense of his Senate record and an exchange of ideas with Wendy Davis.

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