Oral arguments set in Brimer's lawsuit

The 2nd Court of Appeals in Fort Worth is scheduled to hear oral arguments in the lawsuit filed by Texas Sen. Kim Brimer, R-Fort Worth, to keep Democratic challenger Wendy Davis off the November ballot.

Both side have submitted briefs outlining their positions. The court is set to hear oral arguments on Sept. 18 at 9:30 a.m.

Judges are not bound to any timetable for rendering a decision. The court already let pass a deadline for ineligible candidates to be removed the ballot.

Brimer filed a lawsuit in state district court on July 3, contending that Davis filed to run for higher office before her replacement on the City Council was sworn in. State District Judge Tom Lowe ruled in late July that Davis is eligible to run. Brimer appealed to the 2nd Court of Appeals. Davis maintains that she followed state law and city charter rules through every step of the process. Brimer appealed Lowe's ruling.

Last week, a spokesman for the Texas Secretary of State said that candidates can still be declared ineligible before voters hit the polls in November, but that if an ineligible candidate wins a race that seat would be left vacant pending a special election.

- Anthony Spangler