This story comes from our media partner, ABC13. Read the full story here.
FORT BEND COUNTY, Texas (KTRK) — A legal twist has emerged in the race for an open Fort Bend County commissioner seat after a judge decided the top Democratic primary finisher cannot be on the runoff ballot.
Seven people ran in the Democratic primary for the Precinct 4 County Commissioner seat. Now, the result is unclear as a legal fight over residency rules continues.
Brittanye Morris, a former Harris County District Court judge, came in first in the primary. But Nicole Roberts, who finished third, sued to challenge Morris’ eligibility, saying she does not live in Precinct 4.
On Thursday, a judge agreed with Roberts and ruled that Morris does not meet the residency requirements, so she should not be on the May runoff ballot.
“The facts are on my side, and that’s why I won,” Roberts said following the ruling.
Morris’ current voter registration lists an address at a gated, expensive home in Precinct 4, Fort Bend County. However, Roberts claims in court that Morris actually lives in a Houston townhouse.
“You don’t believe Ms. Morris moved into Fort Bend County?” Roberts was asked.
“Absolutely not. Nor do I believe what’s currently on her voter registration is her home,” she responded.
Neighbors in that townhome community told ABC13 on Friday that they have seen Morris drive in and out of a unit. However, a campaign spokesperson told ABC13 that Morris has a valid lease for the estate in Fort Bend County and therefore meets all eligibility requirements.
Before the ruling was formally entered into the court records, Morris’ attorney, Andy Taylor, filed an intervention arguing that Morris meets all requirements.
In a public statement posted on Instagram, Morris said:
“While we are disappointed with the court’s ruling, we remain fully confident that the rule of law will ultimately prevail. It is important to note that any orders issued are not final for at least 30 days.
During this time, our campaign will continue to move forward with unwavering energy and a steadfast commitment to the people we serve. We have full faith in our justice system and its ability to deliver a fair and just outcome.
We also believe that these political tactics by a third-place candidate will not succeed in the end. Our focus remains on serving our community and upholding the integrity of this process.”
The Fort Bend County Democratic Party, which is the official defendant in the lawsuit filed by Roberts, declined to comment on the ruling. However, court records show that its lawyer has also filed an appeal.
Meanwhile, April Jones, who finished second, says she agrees with the judge’s decision.
“I think we all need to play by the same rules. I think if candidates don’t live in Fort Bend, then they shouldn’t come to Fort Bend and run,” said Jones, whose eligibility is not being challenged by anyone.
Jones says she will run a vigorous campaign against either candidate, “Whoever that second person is, I’m prepared to run,” Jones said.
With the runoff election approaching, it is still unclear who will be on the May ballot as the legal fight continues.
More legal actions are likely. Taylor, Morris’ election lawyer, says the law does not allow a runoff candidate to be removed from the ballot.
Since ballots are usually printed in mid-April, a decision must be made in the next week or two.