The Texas State Constitution says that no one may run for the legislature if he or she holds another elected position in local government, if there is a salary for the local elected office. Bill Dingus was the only Democrat in the March 2008 primary for State Representative, 82nd district. However, he had not resigned his position on the Midland city council when he ran. Therefore, he was removed from the November ballot even though he had won the Democratic primary. He sued in federal court and got no relief.

However, since he had by now resigned from the city council, he then sued the Democratic Party of Texas in state court, seeking to be designated as the party’s choice. Texas political parties can nominate someone after the primary if the party had been left with no nominee due to ineligibility. He had no actual disagreement with the Democratic Party, but due to arcane legal rules, that was the only lawsuit open to him. On June 30, he won the case, and will be on the November ballot. If he had not won the case, the speaker of the Texas House, Tom Craddick (the Republican nominee in the 82nd district) would have been opposed only by Libertarian nominee Sherry Phillips.