If Sen. Kim Brimer loses his reelection bid, the Texas Senate might be asked to decide whether he lost to a legal candidate, and whether or not she should be given a spot in the Senate.

Brimer will wait until after the election to decide whether to press his eligibility case against Democrat Wendy Davis. A Dallas appellate court refused to take her off the ballot with the election already underway. Brimer, a Republican, will wait for the election results before taking his next legal step. If he wins, there's no reason to keep playing. If he loses, though, his campaign says he's got three options:

• An administrative action taken by the State of Texas (after the polls close but before the vote is canvassed [Texas Election Code 145.003(d)];

• A vote of the members of the Texas State Senate to refuse to seat an ineligible candidate [Texas Constitution Art III, Section 8]; or

• A judicial Quo Warranto action taken by the Texas Attorney General or other appropriate State Official.

Even if the courts or the AG made a ruling, it's ultimately up to the Senate itself to decide who gets sworn in. One quirk: Someone other than Brimer would have to bring it up; if he were defeated, he likely wouldn't be in office on the first day of the session and thus wouldn't be able to make his own complaint.