On April 16, a U.S. District Court Judge in Waco, Texas, ruled against the Texas Democratic Party, in a lawsuit with the name Texas Democratic Party v Republican Party of Texas, no. MO-08-CA-005 (western district). As a result, the Texas Democratic Party nominee for the Texas House, district 82, may have trouble getting on the November ballot.

The nominee, Bill Dingus, had not resigned his seat on the Midland City Council when he ran in the March 2008 primary for state legislature. The Texas Constitution requires candidates who already hold certain kinds of public office to resign before they can run for the legislature. This law was upheld by the U.S. Supreme Court in 1982. But Democrats thought they could get around that barrier, in the 2008 election matter in this one district, because back in 1996 a court order had been issued in a Voting Rights case that said Midland city councilmembers need not resign to run for another office. That 1996 case was a fight over whether Midland should have at-large city council elections or district elections, and was intended to preserve flexibility during the period when no one knew how Midland would be electing councilmembers.

But in the 2008 case, the judge said that Midland court order from 1996 doesn’t apply to the current situation. The Democratic candidate had still not been removed from the November ballot, but he probably will be removed. If the Secretary of State removes him, it is possible the party could then fill the vacancy created. Thanks to Ross Ramsey for the decision.