Three Fort Worth firefighters delivered a letter Monday afternoon to Art Brender, Tarrant County Democratic Party chairman, calling on the party to disqualify Davis from running because she is still a Fort Worth City Council member.
State law forbids sitting council members from running for the Legislature. Although Davis resigned in August, local law requires her to keep her seat until a successor is sworn in. Joel Burns, who won the special election runoff Dec. 18 to replace Davis, is scheduled to be sworn in Jan. 8.
According to the Startlegram, the letter was sent by Cullen Cox, Rickey Turner and Javier Cerda, three firefighters who support the Democratic Party, according to Rob Gibson, second vice president of the Fort Worth Professional Firefighters Association. If these guys truly support the Democratic Party, why would they derail a candidate who looked to have an excellent opportunity to unseat a very vulnerable and disliked Republican?
As one local Democrat told me this morning, the dots are pretty easy to connect. The political consultant for the Fort Worth Firefighters is Republican political consultant Bryan Eppstein. The political consultant for Kim Brimer is -- you guessed it -- Republican political consultant Bryan Eppstein.
There is still some question as to whether this paves the way for Davis to run. Davis filed for office in early December.
Burns said he was told by Fort Worth city attorneys that because the runoff election results were canvassed last Thursday, making them official, he could be sworn in any time.
John Hill, a retired appellate judge, administered the oath of office Tuesday at Burns' home in front of a small group of family and friends, Burns said.
Brender said he also notified the Texas Secretary of State's Office regarding challenge.
"It's an issue, unfortunately, that the courts have not ruled on," he said. "The actual issue regarding an officeholder resigning and staying on as a holdover candidate has not been decided by the courts. Although I don't think there would have been any issue had she filed tomorrow and Joel had been sworn in today."