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Texas Court of Appeals Rejects Brimer Ballot Challenge

Kim Brimer's legal maneuver backfires
Today, the Texas 2nd District Court of Appeals in Fort Worth rejected an effort by allies of State Senator Kim Brimer to remove former Fort Worth City Councilwoman, Wendy Davis as his Democratic opponent in November.  For several weeks, Brimer has been engaged in a frantic scramble of administrative and legal maneuvers to avoid facing Davis and allowing Senate District 10 voters a choice next November.

The merits of the case clearly favor Wendy Davis who, in keeping with State Law, resigned her post on the Fort Worth City Council in order to seek the Senate District 10 seat (See Lone Star Project Report and copy of Democratic Party brief here).  Ironically, however, Kim Brimer’s sneaky tactical maneuver whereby he sought to hide his personal involvement in the case by enlisting surrogates to file the complaint on his behalf, gave the Court an easy avenue to deny the claim.   Brimer’s “hide and watch” strategy backfired when the Court threw out the case ruling that Brimer surrogates do not have standing and that only Brimer himself can make a legal challenge of this type.    

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