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Bell asks court to toss candidate off ballot
By AUDREY M. MARKS
Democratic candidate Chris Bell is asking the court to take opponent Stephanie E. Simmons off November’s special election race.
Simmons, a Democrat, is one of six candidates vying to represent state Senate district 17 in Austin.
According to a Bell campaign release, an emergency hearing was set by Judge Stephen Yelenosky for at 2 p.m. Monday at the Travis County Court House in Austin.
Simmons is “clearly a stalking horse for Republicans who desperately want to force Chris Bell into a runoff” election, campaign spokesman Jason Stanford said in a phone interview Thursday. “She might be a real person but she is a fake candidate.”
Simmons’ campaign said before she commented on the pending litigation she would need to consult her legal team.
Bell’s petition, filed Wednesday in state district court in Austin, argues Simmons does not meet the residency requirements to run for the office.
While Simmons names Fort Bend County’s Missouri City as her residence on her filings with the Texas Ethics Commission, Bell’s suit includes a copy of her certified voter registration information in Harris County.
The Houston address Simmons listed on her Harris County voter registration card makes her eligible for state Senate District 13.
Additionally, Bell’s documents show she registered to vote in Fort Bend County on Aug. 28, 2008. The filing deadline for the special election to complete the remainder of former Sen. Kyle Janek’s term was Aug. 28.
Under state law residents must live in Texas for five years before running for state senator and must spend the last year within the district they want to represent.
State Senate District 17 hooks through Brazoria, Chambers, Fort Bend, Galveston, Harris and Jefferson counties.
Aside from Bell and Simmons, four Republicans are in the race to finish Janek’s term set to expire January 2011.
Under special election rules all candidates run at the same time. If no candidate is able to net 50 percent of the vote, the top two candidates with the most votes will move to a run off election.
A possible date for the run off election has not been scheduled.
Simmons, a Democrat, is one of six candidates vying to represent state Senate district 17 in Austin.
According to a Bell campaign release, an emergency hearing was set by Judge Stephen Yelenosky for at 2 p.m. Monday at the Travis County Court House in Austin.
Simmons is “clearly a stalking horse for Republicans who desperately want to force Chris Bell into a runoff” election, campaign spokesman Jason Stanford said in a phone interview Thursday. “She might be a real person but she is a fake candidate.”
Simmons’ campaign said before she commented on the pending litigation she would need to consult her legal team.
Bell’s petition, filed Wednesday in state district court in Austin, argues Simmons does not meet the residency requirements to run for the office.
While Simmons names Fort Bend County’s Missouri City as her residence on her filings with the Texas Ethics Commission, Bell’s suit includes a copy of her certified voter registration information in Harris County.
The Houston address Simmons listed on her Harris County voter registration card makes her eligible for state Senate District 13.
Additionally, Bell’s documents show she registered to vote in Fort Bend County on Aug. 28, 2008. The filing deadline for the special election to complete the remainder of former Sen. Kyle Janek’s term was Aug. 28.
Under state law residents must live in Texas for five years before running for state senator and must spend the last year within the district they want to represent.
State Senate District 17 hooks through Brazoria, Chambers, Fort Bend, Galveston, Harris and Jefferson counties.
Aside from Bell and Simmons, four Republicans are in the race to finish Janek’s term set to expire January 2011.
Under special election rules all candidates run at the same time. If no candidate is able to net 50 percent of the vote, the top two candidates with the most votes will move to a run off election.
A possible date for the run off election has not been scheduled.
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