A four-way Republican primary for an open seat on the Austin-based 3rd Court of Appeals will require a runoff to resolve.
Mike Toth, a member of Texas Attorney General Ken Paxton’s executive team, will face Austin elections lawyer Donna Davidson in the May 22 runoff election.
With almost 95 percent of precincts reporting, Toth amassed 39 percent of the vote to Davidson’s 31.5 percent.
Jennifer Freel, a former assistant U.S. attorney, was third with 20 percent of the vote, while Kristofer Monson, an assistant solicitor general in Paxton’s office, received 9.5 percent.
The eventual GOP winner will face Democrat Gisela Triana, a state district judge in Austin, in the November general election to replace Justice Bob Pemberton, who is retiring after 15 years on the court that handles criminal and civil appeals from 24 Central Texas counties.