Another update on the ongoing legal challenge by State Rep. Lon Burnam, who wants his loss in the primary to Ramon Romero thrown out on the grounds that some applications for absentee ballots by Romero voters involved the use of iPads, which are not included as permissible devices in the relevant state law.
In a hearing earlier this month, attorneys representing Burnam asked that county election officials release all the applications turned in for mail-in ballots in this race to investigate potential illegalities such as an “illegal computerized-signature vote-by-mail operation.”
State District Judge Robert McFarling of Denton, the visiting judge appointed to the case, turned down the request. Burnam’s attorney, former Tarrant County Democratic Party Chairman Art Brender, has filed an appeal, asking the Fort Worth Court of Appeals to overturn that ruling.
McFarling on Monday agreed to delay the trial until the Court of Appeals rules. The case was scheduled to go to trial Tuesday.
Brender said he was glad for the delay.
“We are continuing our investigation every day,” he said. “And we are investigating other aspects of the election — and have been the whole time.”
Romero’s staff said they believe the final ruling will go their way.
“We are confident in the legal system,” said Michael “Mikey” Valdez, Romero’s campaign manager. “We feel the right decision will be made and it will confirm our victory.”
See here, here, and here for the background. I presume that’s the Fourth Circuit Court of Appeals and not the “Fort Worth Court of Appeals” since as far as I know there is no such thing. I don’t have anything to add to this story, but on a related note both Campos and Michael Li complained about an email Burnam sent out, presumably as an update on his case and as a fundraising appeal. Burnam is litigating a technicality, and technicalities don’t have much fundraising appeal. Trying to make it more than that risks alienating supporters and handing Republicans political ammunition. Burnam may win his challenge, but I’ll say again that I see nothing wrong in what Romero’s campaign did, nor do I see any reason why the law shouldn’t be amended to specifically allow it. Don’t lose sight of who you are in your quest to stay in office, Lon.