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Judge in Dallas County ballot lawsuit need not recuse himself

Round One goes to the Dems.

The Dallas County Republican Party on Monday failed in an attempt to have a judge removed from a case that could disqualify 82 Democratic Party candidates from the general election ballot.

Kerrville’s Stephen Ables, the administrative judge for the Sixth Judicial Region, said the GOP did not present evidence that state District Judge Eric Moyé was biased and could not properly preside over the controversial lawsuit. He made his ruling after hearing oral arguments from lawyers representing both parties.

Several Democratic judicial candidates who are targeted in the case hugged after the ruling. And state Sen. Royce West, D-Dallas, said quietly that round one was over.

The suit, brought by the Dallas County Republican Party, contends that the candidates are ineligible to be on the ballot because Carol Donovan, the chairwoman of the Dallas County Democratic Party, didn’t physically “sign” or certify the petitions that were ultimately accepted by the Texas secretary of state’s office.

At one point it sought to disqualify 127 Democratic Party candidates, but the March 6 primaries whittled the number down to 82.

See here, here, and here for the background. This has nothing to do with the merits of the case itself, it just means we don’t need a new judge before getting to the main question. I presume the next step would be a hearing on Rep. Eric Johnson’s motion to dismiss, and once that is resolved if the suit is still active then a hearing on the Dallas County GOP’s arguments. The story says that Judge Moyé “could hear the case in the coming weeks”, which doesn’t tell us much. At some point, you begin to run up against statutory deadlines for the election calendar, so one way or another this will be concluded in a reasonably timely fashion. I’ll keep my eyes open for further updates.

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