[HCDP Chair Gerry] Birnberg declared he would not certify Wilson for the ballot because he reported a business address instead of a residential address as required by election law. The move left Eversole without a challenger from either party as he seeks a sixth term on Commissioners Court.
Wilson insists that he lives at his business address, but he said his appeal makes the case that Birnberg does not have the authority to keep him off the ballot even if he submitted a bogus address. Only someone with legal standing — and that would only be Eversole — could make such a challenge, Wilson argued.
I’m no lawyer, but isn’t it always the County Party chair who determines if a primary filing is legal? I would think this argument would have been used before now if it were meritorious, but maybe there’s just never been a case like this one. Any actual attorneys want to offer a viewpoint on this?