The Texas Third Court of Appeals has denied Taylor City Council Member Chris Osborn’s request to have his opponent’s name scratched from the May 11 ballot based on residency issues.
According to an opinion issued Tuesday, Osborn did not follow the right legal procedure for proving that his opponent, Scott Green, was ineligible to run for office. Osborn now has asked the Taylor city clerk to remove Green’s name from the ballot.
Green, who maintains he is eligible to run against Osborn, praised the court’s decision Wednesday. “As a candidate, I have provided ideas and direction for the future of our city,” Green said. “Where the incumbent has focused his entire campaign attempting to discredit me while not providing any concrete ideas for the future of our city.”
The council member should have shown that City Clerk Susan Brock denied his request to have Green removed from the ballot before filing the lawsuit, the court said in its opinion. But Osborn did not file such a request with Brock.
Osborn told the American-Statesman that he provided Brock Wednesday with public documents that show Green is ineligible to run for the District 4 council seat because Green did not live in the district for six months before he filed to run for election.
If Brock refuses to withdraw Green from the ballot, Osborn said he will file another petition for Green’s removal with the Third Court of Appeals.
Taylor officials have previously said that they were advised by the Secretary of State’s office that only an opponent could contest another candidate’s residency issues.
Green said he is eligible to run for office based on two previous Texas Attorney General’s opinions. One of the opinions, issued in 1992, states that a person loses residency only if the person moves away from a residence with no intention of returning. Green said he moved away from his house in the district to take care of his grandmother but intended to return and did so.