Well, at least according to Kim Brimer's logic. The Republican incumbent is apparently trying to get his Democratic challenger, Wendy Davis, removed from the ballot in Fort Worth's SD 10.
PoliTex gives a little background on the situation:
The suit follows the same line of argument as three Fort Worth firefighters charged back in January, when they alleged in a suit that Davis couldn't run for the state senate because she didn't officially step down from her seat on the Fort Worth City Council before filing her candidacy.
"In effect, Davis sought to become a candidate for the Legislature at the same time she continued to hold a 'lucrative office', exercise her duties and enjoy the benefits of office as a member of the City Council," the suit alleges.
State election law prohibits officeholders from running for the Legislature, but state law also requires resigning officeholders to hold their seats until their successors are sworn in, according to city of Fort Worth officials.
A three-judge panel in that case ruled that the firefighters didn't have standing to challenge Davis' eligibility, only a political opponent did.
Now that a political opponent is making that challenge, what will happen? Stay tuned, but we're putting our money on Wendy... again.