Democrat who withdrew from Texas House race wins despite felony convictions
The Texas midterm elections have wrapped up, but questions about one race in Tarrant County are heating up.
A candidate suspended her campaign and still won, but that's not the most controversial part.
"Well, there has been an issue, an occurrence with House District 93," Tarrant County Democratic Party Executive Director Reyne Telles said.
Telles said the issue centers on Ericka Lomick, the Democratic candidate. Unofficial results show she beat Republican Alan Blaylock, a former Fort Worth City Council member, by one percentage point.
The problem? Lomick withdrew from the race in late September when questions about her eligibility to serve were raised. Federal court documents obtained by CBS News Texas show that in 2011, Lomick was convicted of three felonies in North Carolina for mortgage fraud, bank fraud, and conspiracy to commit money laundering. Records show she was sentenced to 63 months in prison.
"We are working closely with our Tarrant County Democratic Party legal counsel in step with the Texas Democratic Party lawyers, along with the candidate and her team, as well as Tarrant County elections and the Secretary of State's office, to best interpret the law and determine the best path forward for voters," Telles said.
"The law in Texas is pretty clear that anyone who has been convicted of a felony cannot serve in public office unless they were pardoned," Texas trial lawyer Ruben Garcia said.
Garcia said this could result in a special election.
"The election appears to be in favor of the person who might not be eligible, which would mean that it would be left vacant again, which would mean that there would be another election to fill that vacancy," Garcia said.
"Texas law is different from federal law, whereas a convicted felon can still serve office at the federal level, and we see that with the President of the United States. Texas has different laws," Telles said.
Blaylock, the Republican candidate for Texas House District 93, sent CBS News Texas this statement:
"Unofficial results show my opponent ahead. Those results do not settle who will serve this district. Voters deserve a fair contest between eligible candidates. My opponent is a convicted felon who failed to disclose that conviction on her application to run for office, then suspended her campaign. Serious questions remain about her eligibility under Texas law. We are pursuing every lawful avenue to ensure those questions are answered and that the people of HD 93 are represented by someone who meets the requirements to hold office."
Lomick did not return messages for comment but told the Dallas Morning News on Thursday that she's waiting for guidance from legal counsel.
The district covers the northeast part of Fort Worth, Blue Mound, Saginaw and Haslet.
This election was to fill former state Rep. Nate Schatzline's seat, which had been vacant since the summer. Two votes happened. One was for the special election to fill the vacated seat, and the other vote was to fill it going forward. Unofficial results show Lomick won both votes.
