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Judge rules in favor of GOP in House race dispute - Read Actual Judge's Decision
by Shanna Sissom
Midland Reporter-Telegram
Read Actual Judge's Decision
A federal judge ruled in favor of the Texas Republican Party Wednesday in a dispute over whether Midland City Councilman Bill Dingus, a Democrat, is eligible to run against Republican Speaker Tom Craddick for the Texas House of Representatives.
"The court agrees that a person holding lucrative office, such as a member of the Midland City Council, is not eligible to become a candidate for the Texas Legislature," U.S. District Judge Walter Smith wrote in his opinion and order, also stating Dingus' alternative request asking the court to allow him the opportunity to resign from the council "lacks merit."
The GOP has contended Dingus may be legally ineligible to run against Craddick because he did not resign his council post before seeking the representative seat.
But despite the court's ruling, Dingus says he is still in the race.
"Contrary to early news reports, I remain on the ballot for state representative," Dingus wrote in a prepared statement to the Reporter-Telegram. "Judge Smith did not remove me from the ballot ... In short, Tom Craddick and the Republican Party of Texas failed in their attempt to deny the voters a choice in this election."
Dingus said he will leave his current council post if Texas Democratic Chair Boyd Richie declares him ineligible, in which case ... "I will resign my office on city council and will actively seek to be the replacement nominee for the office selected by the state executive committee," which meets Saturday.
But the Republican Party of Texas declared the judicial decision a victory, stating in a press release Dingus' "eligibility defect" for the House race cannot be remedied now by his resigning from the council.
"We hope now appropriate action will be taken by the relevant individuals and entities," said Tina Benkiser, chairman of the Republican Party of Texas.
Craddick's office declined comment as it has all along, other than to say it has no involvement in this lawsuit and is leaving it up for the courts to decide.
Controversy initially arose in January, when the Texas Democratic Party filed a complaint in federal court seeking declaratory judgment that Dingus is eligible to run for the House seat despite the GOP suggesting otherwise in a letter it sent to the Texas Democratic Party.
Republicans then pointed to an article in the Texas Constitution which states that any person holding a lucrative office during the term for which he is elected or appointed is ineligible to the Legislature.
But Democrats took the position of Dingus being eligible, pointing to a 1996 federal court ruling following a city of Midland election. In part, it states a city council member may announce candidacy for any office and that an automatic resignation to the post then held occurs when the person is sworn in to another office. That order, signed by the late Judge Lucius Bunton, refers to "any office of profit or trust under the laws of the state of Texas or the United States other than the office then held."
Dingus said he's done all he can to comply with election procedures.
"The federal judge who issued the order in 1996 has passed away and a different judge had to construe the language of that order," Dingus said Wednesday. "It is an issue where reasonable minds can disagree and I respect the decision of the court."
Originally filed in Midland's U.S. District Court, Judge Robert Junell transferred the case to Smith, who presides over the federal court based in Waco.
A federal judge ruled in favor of the Texas Republican Party Wednesday in a dispute over whether Midland City Councilman Bill Dingus, a Democrat, is eligible to run against Republican Speaker Tom Craddick for the Texas House of Representatives.
"The court agrees that a person holding lucrative office, such as a member of the Midland City Council, is not eligible to become a candidate for the Texas Legislature," U.S. District Judge Walter Smith wrote in his opinion and order, also stating Dingus' alternative request asking the court to allow him the opportunity to resign from the council "lacks merit."
The GOP has contended Dingus may be legally ineligible to run against Craddick because he did not resign his council post before seeking the representative seat.
But despite the court's ruling, Dingus says he is still in the race.
"Contrary to early news reports, I remain on the ballot for state representative," Dingus wrote in a prepared statement to the Reporter-Telegram. "Judge Smith did not remove me from the ballot ... In short, Tom Craddick and the Republican Party of Texas failed in their attempt to deny the voters a choice in this election."
Dingus said he will leave his current council post if Texas Democratic Chair Boyd Richie declares him ineligible, in which case ... "I will resign my office on city council and will actively seek to be the replacement nominee for the office selected by the state executive committee," which meets Saturday.
But the Republican Party of Texas declared the judicial decision a victory, stating in a press release Dingus' "eligibility defect" for the House race cannot be remedied now by his resigning from the council.
"We hope now appropriate action will be taken by the relevant individuals and entities," said Tina Benkiser, chairman of the Republican Party of Texas.
Craddick's office declined comment as it has all along, other than to say it has no involvement in this lawsuit and is leaving it up for the courts to decide.
Controversy initially arose in January, when the Texas Democratic Party filed a complaint in federal court seeking declaratory judgment that Dingus is eligible to run for the House seat despite the GOP suggesting otherwise in a letter it sent to the Texas Democratic Party.
Republicans then pointed to an article in the Texas Constitution which states that any person holding a lucrative office during the term for which he is elected or appointed is ineligible to the Legislature.
But Democrats took the position of Dingus being eligible, pointing to a 1996 federal court ruling following a city of Midland election. In part, it states a city council member may announce candidacy for any office and that an automatic resignation to the post then held occurs when the person is sworn in to another office. That order, signed by the late Judge Lucius Bunton, refers to "any office of profit or trust under the laws of the state of Texas or the United States other than the office then held."
Dingus said he's done all he can to comply with election procedures.
"The federal judge who issued the order in 1996 has passed away and a different judge had to construe the language of that order," Dingus said Wednesday. "It is an issue where reasonable minds can disagree and I respect the decision of the court."
Originally filed in Midland's U.S. District Court, Judge Robert Junell transferred the case to Smith, who presides over the federal court based in Waco.
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The following are comments from the readers. In no way do they represent the view of mywesttexas.com.
Steve Drummond wrote on Apr 17, 2008 9:14 AM:
" I think Bob Dole set an excellent example in 1996 when he resigned his senate seat when he ran for President. I think it would be admirable if Clinton, Obama and McCain would follow suit. How can they pretend to be representing their states when they're spending all of their waking hours running for President. "
Patricia A. Jones wrote on Apr 18, 2008 11:37 AM:
" It is said that a picture is worth a thousand words. If you have the time and patience, take a look at the pictures of the waning days of the 80th Legislature (especially #8 of the 103, 30/103, 31/103. 32/103 and it continues). Among them you will find proof of Craddick's unethical behavior, and members of his own party calling for him to step down as Speaker of the House. I sincerely hope that residents of Texas House District 82 will support Bill Dingus in his bid to unseat Craddick from his throne. Yes, I am a Democrat, but even if that were not the case, Craddick's abuse of his office is outrageous! http://www.statesman.com/ap/mediahub/media/slideshow/index.jsp?tId=21002 "
Tom Kendrick wrote on Apr 18, 2008 11:46 AM:
" I agree with Mr. Drummond. I think it ought to be mandatory to resign an office to run for another.
I also agree with the courts ruling. Since Mr. Dingus is running for a State office, the State Constitution should speak supremely, and then the Laws of Texas. Why was this not argued in State court first?
Running to the Feds for everything is very detrimental for our society, culture, State and Local governance. "
I also agree with the courts ruling. Since Mr. Dingus is running for a State office, the State Constitution should speak supremely, and then the Laws of Texas. Why was this not argued in State court first?
Running to the Feds for everything is very detrimental for our society, culture, State and Local governance. "
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Fox Mulder wrote on Apr 17, 2008 9:01 AM:
It gets very boring going to the polls and just seeing one name. I usually don't vote for the people that have no competition. What's the point. They already won......
Good try Bill. Takes guts to go against Craddick. "