Friday, January 4, 2008

Republican Party Disagrees . . .

. . . and is therefore wrong. Never go in against Troy McKinney when an election is on the line!

Channel 2 News picked up the story of Chuck Rosenthal's defective withdrawal from the Republican primary for Harris County District Attorney, but the other local news venues showed little interest; a reporter told me, "Party leaders checked with their lawyers and think it's fine."

They are, of course, legally wrong. But if the party doesn't mind and if the Secretary of State doesn't mind and if nobody else with standing to sue minds, the party's lawyers are correct as a matter of fact: Chuck is out and Kelly is in (unless Chuck declares today, in which case Chuck is in and Kelly is in, unless Kelly withdraws, in which case Chuck is in and Kelly is out).

According to my quick-and-dirty legal research, any candidate for the position has standing to sue: Jim Leitner, C.O. Bradford, or any write-in candidate.

2 comments:

Anonymous said...

So any write-in candidate can potentially sue, in theory, you could sue. You gonna? I mean just for the hell of it?

Mark Bennett said...

I thought about it, but the suit probably has to be filed before the ballot is printed, and I don't think I have time to get on the list of write-ins before that happens. The HCDP is talking about filing the suit; C.O. Bradford had better get right on that.