Controversy Over Davis Candidacy For State Senate In Tarrant County

I had previously been unaware that there was an uproar surrounding Wendy Davis’ eligibility under “resign to run” for State Senate. The Star-Telegram has more:

The secretary of state’s office said today that it will not make a ruling on whether Democrat Wendy Davis is ineligible to run for state Senate, placing the issue in the hands of Tarrant County Democratic Chairman Art Brender.

“Our office has talked to Mr. Brender and let him know that since he is the filing authority for this election, that ultimately it’s his decision to make,” said Scott Haywood, a spokesman for the office.

Three firefighters delivered a letter Monday urging Brender to disqualify Davis from running for state Senate. The letter cited state law prohibiting sitting city council members from seeking election to the state Legislature.

Davis announced her resignation in August but was required by law to represent her district until a replacement was sworn in. Joel Burns won a runoff for the seat last month but wasn’t scheduled to be sworn in until Jan. 8, six days after the filing deadline.

Burns was sworn in Tuesday at his home, possibly allowing Davis to sidestep the challenge to her eligibility.

Haywood said state law appears “to be a bit unclear” on whether an elected official is eligible to run for higher office upon resignation or must wait until a successor is sworn in.

But Rob Gibson, second vice president of the Fort Worth Professional Firefighters Association, questioned the legitimacy of Burns’ swearing-in. Gibson said Wednesday that the city’s charter requires new city council members to be sworn in at the first meeting after the canvassing of an election.

A city attorney, Gerald Pruitt, said Monday that there is no requirement that a newly elected official take the oath of office in public.

Chapter III, Section 5 of the Fort Worth City Charter states: “At the first City Council meeting after the City Council meeting canvassing the election results, the elected members of the new Council shall meet at City Hall and take the oath of office.”

Davis’ campaign called the firefighters’ effort a “political stunt” and alleged that state Sen. Kim Brimer’s campaign was behind it.

Brimer’s campaign representative, Bryan Eppstein, directed the firefighters’ successful campaign to win collective-bargaining rights from the city. He has referred to Davis as “an enemy of police officers and firefighters in Tarrant County.”

A spokesman from Brimer’s campaign declined to comment.

This is a bit amusing, given that Brimer himself isn’t exactly a friend of labor.

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