State Sen. Kim Brimer, R-Fort Worth, filed a lawsuit today against Tarrant County Democratic Party Chair Steve Maxwell, Texas Democratic Party Chair Boyd Richie and his Democratic opponent Wendy Davis.
The suit requests the court to "disqualify Davis from the November 2008 general election."
The suit follows the same line of argument as three Fort Worth firefighters charged back in January, when they alleged in a suit that Davis couldn't run for the state senate because she didn't officially step down from her seat on the Fort Worth City Council before filing her candidacy.
"In effect, Davis sought to become a candidate for the Legislature at the same time she continued to hold a 'lucrative office', exercise her duties and enjoy the benefits of office as a member of the City Council," the suit alleges.
State election law prohibits officeholders from running for the Legislature, but state law also requires resigning officeholders to hold their seats until their successors are sworn in, according to city of Fort Worth officials.
A three-judge panel in that case ruled that the firefighters didn't have standing to challenge Davis' eligibility, only a political opponent did.
We asked Brimer back in February whether he would file his own suit. He wouldn't say.
More details to follow.
UPDATE: Click here to see a copy of the lawsuit.
Click here for a timeline of Davis' candidacy.
UPDATE 2: Brimer just sent the following statement: “I want to run against a legal opponent. The eligibility questions surrounding my opponent need to be addressed before the fall election.”
UPDATE 3: Texas Democratic Party spokesman Hector Nieto responds: “It was clear from the very beginning that Kim
Brimer was scared to face Wendy Davis in an election. This is the same lawsuit
the firefighters brought in the first place...Instead of letting voters decide for themselves, he’d rather
use the legal system and manipulate it to get out of a real challenge. I don’t blame him. If I were Kim Brimer and I had his record, I wouldn’t want to face Wendy Davis either."
UPDATE 4: From Davis' campaign manager Matt Latham: "This is the same baseless claim that has been tried numerous times in numerous
forums. The truth is that Kim Brimer does not want to have to face the voters at
all. He is willing to try every politician's trick in the book, several times
over, to avoid answering to the voters for his failed record of leadership. This
desperate attempt to distract the voters from the real issues at stake is as
transparent as it is wrong."
-Aman Batheja