In re Kim Brimer, No. 08-0651

This petition for mandamus was filed yesterday, seeking faster relief from the Texas Supreme Court than Brimer appears to expect from the Fort Worth Court.

The decision was certainly fast, but not what Brimer sought. The Texas Supreme Court order denying the mandamus petition is here.

Kim Brimer’s appeal in the Fort Worth Court remains ongoing. Brimer v. Maxwell, No. 02-08-00305-CV (docket sheet). In that case, the appellees’ brief (to be filed by Wendy Davis and representatives of the Democratic Party) is not due until August 21, 2008. As I understand it, Brimer sought emergency relief from the Texas Supreme Court trying to beat a printing deadline for this fall’s ballot. If relief is granted after that time, Davis’s name might be printed on the ballot even if she is later ruled ineligible.

How would that negatively affect Brimer? If he’s asserting a personal stake in holding his office through this election (which is a very strange “right” to recognize in a democracy, you have to admit), that wouldn’t be affected either way so long as he’s the last eligible candidate. My guess is that petition talks instead about trying to prevent public confusion with a mistaken ballot. (( I haven’t seen this petition, but having seen a few election-law cases, that’s my hunch. ))

Either way the Fort Worth Court decides the merits appeal, I would expect the fast filing of a petition for review in the Texas Supreme Court.