Texas Democrats drop legal action after suing to keep GOP Rep. Farenthold on ballot

Photo: Jacquelyn Martin, AP Photo: Jacquelyn Martin, AP Image 1 of / 1 Caption Close Texas Democrats drop legal action after suing to keep GOP Rep. Farenthold on ballot 1 / 1 Back to Gallery

AUSTIN — Texas Democrats sued Wednesday to keep Republican Rep. Blake Farenthold's name on the March primary ballot, but dropped the suit just a few hours later.

After several allegations of sexual harassment and abusive behavior, the Corpus Christi Republican announced last week that he would not seek reelection. But that decision came three days after the filing deadline.

The Texas Election Code states that candidates can remove their name from the ballot through the day after filing ends, which was Dec. 11. Still, the Texas GOP asked a judge this week to allow the party to keep Farenthold's name off the ballot. Lawyers for the state said while state law requires the inclusion of Farenthold’s name, the secretary of state had no power to enforce that law.

Texas Democratic Party Chair Gilberto Hinojosa decried that argument and filed a federal lawsuit to "ensure candidate filing laws are respected." But during an oral hearing Wednesday, a federal judge denied a motion to issue a temporary restraining order barring the GOP from removing Farenthold's name from the ballot. The Democrats then voluntarily dropped the case.

“Texas Democrats will not stand idle while Republicans rig the ballot. Only voters have the power to choose who leads our state and nation, not politicians and party officers in backroom decisions. Last we checked, this was Texas not Russia," Hinojosa said.

“The Secretary of State and Republican Party of Texas should not be allowed to make a smoke-filled room deal. If state laws setting election deadlines mean nothing, then the Courts should rule so," he said.

Farenthold’s decision to drop out of the race came after the House Ethics Committee reopened an investigation into the claims of a former press secretary, Lauren Greene, who settled a federal lawsuit against the congressman in 2015.

Though the settlement was made public at the time, Farenthold only recently acknowledged it involved an $84,000 taxpayer-funded payment, which he has agreed to repay.

Since then, at least two other former staffers have spoken publicly about inappropriate behavior on the part of the congressman and others in his office.

Alejandra Matos covers politics, education and immigration policy. Follow her on Twitter. Send tips to alejandra.matos@chron.com.