The Kim Brimer-Wendy Davis court fight is over for the moment, with a Dallas appeals court deciding to leave Davis on the November ballot.
It might not be over for good, though. The court decided the case is moot, since the voters already have their mitts on the contest and courts are loathe to tamper with elections. But the judges on the 5th Court of Appeals in Dallas didn't make a decision on Davis' eligibility for the state Senate.
The Democrat is challenging Sen. Brimer, R-Fort Worth, but he sued, saying she didn't get off the Fort Worth City Council in time to be eligible to run. A state district judge in Fort Worth ruled in Davis' favor. Brimer appealed, the case ended up in the Dallas court, and the judges there decided not to decide the issue.
"The law is clear that a challenge to the candidacy of an individual becomes moot 'when any right which might be determined by the judicial tribunal could not be effectuated in the manner provided by law.'... If a challenge to a candidate's eligibility 'cannot be tried and a final decree entered in time for compliance with pre-election statutes by officials charged with the duty of preparing for the holding of the election,' we must dismiss the challenge as moot."
Since the election's underway, they're not gonna get involved. It's too late to take Davis off the ballot — if that would be the ruling — so the court doesn't seen any point in issuing a ruling.
"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."
Brimer's camp will leave things be for now, but can still press a challenge after the November 4 election and before the votes are officially canvassed in the days that follow. If Davis wins, she could also be challenged when the Senate meets: The members can refuse to seat elected candidates they decide are ineligible or unable to serve. If Brimer wins, it's academic.
