Brimer sues Democratic Party and Davis

State Sen. Kim Brimer, R-Fort Worth, filed a lawsuit today against Tarrant County Democratic Party Chair Steve Maxwell, Texas Democratic Party Chair Boyd Richie and his Democratic opponent Wendy Davis.

The suit requests the court to "disqualify Davis from the November 2008 general election."

The suit follows the same line of argument as three Fort Worth firefighters charged back in January, when they alleged in a suit that Davis couldn't run for the state senate because she didn't officially step down from her seat on the Fort Worth City Council before filing her candidacy.

"In effect, Davis sought to become a candidate for the Legislature at the same time she continued to hold a 'lucrative office', exercise her duties and enjoy the benefits of office as a member of the City Council," the suit alleges.

State election law prohibits officeholders from running for the Legislature, but state law also requires resigning officeholders to hold their seats until their successors are sworn in, according to city of Fort Worth officials.

A three-judge panel in that case ruled that the firefighters didn't have standing to challenge Davis' eligibility, only a political opponent did.

We asked Brimer back in February whether he would file his own suit. He wouldn't say.

More details to follow.

UPDATE: Click here to see a copy of the lawsuit.

Click here for a timeline of Davis' candidacy.

UPDATE 2: Brimer just sent the following statement: “I want to run against a legal opponent. The eligibility questions surrounding my opponent need to be addressed before the fall election.”

UPDATE 3: Texas Democratic Party spokesman Hector Nieto responds: “It was clear from the very beginning that Kim Brimer was scared to face Wendy Davis in an election. This is the same lawsuit the firefighters brought in the first place...Instead of letting voters decide for themselves, he’d rather use the legal system and manipulate it to get out of a real challenge. I don’t blame him. If I were Kim Brimer and I had his record, I wouldn’t want to face Wendy Davis either."

UPDATE 4: From Davis' campaign manager Matt Latham: "This is the same baseless claim that has been tried numerous times in numerous forums. The truth is that Kim Brimer does not want to have to face the voters at all. He is willing to try every politician's trick in the book, several times over, to avoid answering to the voters for his failed record of leadership. This desperate attempt to distract the voters from the real issues at stake is as transparent as it is wrong."

-Aman Batheja

Comments

[Texas Voter]

Sounds like a bunch of whiney babies to me.........MAN UP Kim !
You obviously have some " concerns" about maybe getting your butt kicked by a very articulate attractive intelligent oppenent? Come on Kim......run the race and let the people decide who best represents " the People ". Stop whining ! ! The Fire Fighters had a " personal " issue with Ms Davis --- don't waller in the mud with them. BE A MAN ! !

[Elizabeth]

Sounds to me like Brimer is scared.

[Al]

I agree. Looks like Brimer is afraid that he will have to get a real job for a change come January. He and his minions read the polls and see that they will be on the short end of the vote count in November, so he looks for any technicality to get rid of his opponent, just like a shyster defense lawyer with a losing case. "Your Honor, my client should be set free because the arrest warrant did not use his middle initial."

[Unchainthedogs]

Bye Bye Brimer. Your time is up -- no matter what or how you try to squirm out of facing Wendy Davis at the polls, your Senate seat is being pulled out from underneath you by us, the voters. Bye bye Brimer. Your time is up.

[SamIAm]

Chicken Brimer! Ms. Davis is all of about 90 pounds, yet big bad, cigar chomping Brimer is scared to death of her. He'll do anything to avoid a letting the voters decide his future. Mr. Brimer, quit playing trying to weasel out of a straight up fight!

[Dan]

Just like the Democrats, use personal insults and name calling to avoid the issue.

Is Davis eligible? Voters have right to know and Democrats are entitled to a candidate who is eligible to be on the ballot and to serve if elected.

Let the courts clear the air once and for all. And Brimer is not afraid of a fight.

What are the Democrats afraid of - the truth?

It reminds me of the teenager who plugs their ears and starts singing "La, La, La" when they get asked about why their grades are so low.

If Davis is not eligible, let's get a Democrat in there who is! Voters have a right to know.

[sgmorr]

This matter will be in the hands of the voters come November and Kim will be history. Face the music, Brimer, and prepare to be trounced at the polls. Your sorry record speaks for itself.

[Bob]

Fact of the matter is he wants to prove she did not follow the protocol. Let him try to prove it. If she did then he is wrong. If he is right, then she should not be trusted to legislative leadership.

[Chicano Luncheon]

Brimer looks scared and spineless. He's scared the voters will learn of his voting record and he lacks the back bone to face an intelligent and articulate WOMAN! The most attractive elected offical Fort Worth has ever had.
GO WENDY!!!!

[Chicano Luncheon]

Brimer looks scared and spineless. He's scared the voters will learn of his voting record and he lacks the back bone to face an intelligent and articulate WOMAN! The most attractive elected offical Fort Worth has ever had.
GO WENDY!!!!

[Bruce Allen Williams]

How lame. Brimer waits till July to file suit just because the Democratic Party is finally gaining strength again after all the Republican Cabal of the the last 20 years in Texas that came in with George W. Bush and passed laws favoring big corporations and letting our State Parks fall apart.Time to take back Fort Worth!

[Mary L.]

I don't understand. What does a Republican like Brimer have to do with anything that goes on in the Democratic primary? The Democrats nominated their candidate and the Republicans nominated theirs. This sounds like Joe Gibbs trying to tell the Cowboys who to start at quarterback.

[Beowulf]

Bottom Line...Wendy is a spend your tax dollar liberal D, pro choice, "big government will take care of everybody's needs with your money" - get out your wallet, guys....Brimer is a small gov, pro life, conservative R who doesn't toot his own horn but works to get things accomplished in the legislature...of course the comments aren't Brimer favorable because not many people who have a conservative bone read this Liberal Left news rag that the FWST has turned into...unfortunately I have to.