AUSTIN (CN) – The Texas Republican Party claims the Democratic opponent to Texas Speaker of the House Tom Craddick is ineligible to run in November because he did not resign his post on the Midland City Council in time. William Dingus seeks declaratory judgment in Travis County Court.
The Texas Republican Party waited until after the filing deadline had elapsed, and Dingus, unopposed within his own party, became Democratic candidate for District 82 in the statehouse, then claimed that Dingus was ineligible because he had not resigned his council seat in time.
Dingus cites statutes and case law regarding whether candidacy for the new office constitutes an automatic resignation of his council seat; whether that automatic resignation is necessary or whether he need resign only upon taking new office; and he points out that he resigned anyway, in April, and his council seat will be filled in a special election in July, more than three months before the general election in which he will oppose Craddick.
Dingus sued the Democratic Party, seeking declaratory judgment that he is its legal and qualified nominee.