Tarrant County certifies the Texas House District 93 result, leaving the fight over Ericka Lomick's eligibility to the House

Tarrant County commissioners on Friday certified the Nov. 3 results in Texas House District 93, declining to take up whether the winner is eligible for the seat and leaving that question with the Texas House.

Democrat Ericka Lomick drew 38,972 votes to 38,162 for Republican Alan Blaylock, a former Fort Worth City Council member, even though she suspended her campaign before early voting began. Her name stayed on the ballot. The district takes in far north Fort Worth, Haslet, Blue Mound and part of Saginaw.

Commissioner Alisa Simmons, who was elected county judge Nov. 3, made the motion to canvass the race. After discussing whether to attach language saying the court had made no finding on Lomick's eligibility, the court approved the result 3-0, with County Judge Tim O'Hare and Commissioner Matt Krause joining Simmons, the Fort Worth Report reported.

O'Hare told the court it had received "multiple documents" about Lomick's eligibility that afternoon, and said of the proposed amendments, "It doesn't change anything. The results are canvassed."

The dispute

Lomick stepped back from the race after a political action committee backing Blaylock, Protect and Serve Texas PAC, published records it said showed she had pleaded guilty to three federal felonies tied to a mortgage fraud scheme. Lomick neither confirmed nor denied those claims at the time.

Texas law bars people convicted of a felony from holding office unless they have been pardoned or otherwise released from the resulting disabilities.

In a statement Friday night, Blaylock said he wants state officials to make sure the district is represented by someone legally eligible. Earlier in the week he told the Report that state law allows a new special election when a winner is found ineligible, and that he would run again if that happens. He did not say whether he would sue.

Allison Campolo, who chairs the Tarrant County Democratic Party, told the Report that Lomick's attorneys have determined she has been fully released from those disabilities, though Campolo did not know how. She said Lomick plans to take her seat when the House is sworn in in January and has attended new-member orientation. Lomick did not answer the Report's interview requests this week.

What happens next

The Texas Constitution makes the House the judge of its own members' qualifications. How the chamber would rule on Lomick was not clear Friday, and the Texas secretary of state's office has said it has no role in settling the dispute. If the seat were declared vacant, the governor would have to call a special election.

Sources

fortworthreport.org