The Republican Party of Texas sued the secretary of state Friday to keep U.S. Rep. Blake Farenthold off the 2018 ballot after the congressman accused of sexual harassment said he will not seek reelection.
Farenthold, R-Corpus Christi, announced his intent to retire two days after the state's Tuesday deadline to withdraw from the general election primary, creating a legal and potential headache for GOP leaders.
"By disallowing Mr. Farenthold's withdrawal from the primary election, the state is forcing the Republican Party of Texas to be associated with Mr. Farenthold via his appearance on the primary ballot. Neither Rep. Farenthold nor the Republican Party of Texas desires this outcome," Chris Gober, an attorney for the Texas GOP, said in a federal lawsuit requesting the state be barred from enforcing its withdrawal deadline against the congressman.
Gober characterized the cutoff as "unconstitutionally overbroad."
Sam Taylor, a spokesman for the secretary of state's office, declined to comment on pending litigation, but Austin election lawyer Buck Wood said he expects the GOP's suit to be unsuccessful.
"In the Fifth Circuit, who knows, but normally the chances would be zero," Wood said, explaining that states are responsible for regulating elections, which Texas has done. "What would be constitutional? You let him withdraw a week before the primary? A month before the primary?"
Republicans faced a similar dilemma more than a decade ago, when they sought to replace indicted U.S. Rep. Tom DeLay on the 2006 general election ballot after he resigned.
U.S. District Judge Sam Sparks, who also has been assigned the Farenthold case, blocked the state GOP from replacing DeLay, a decision that was upheld on appeal.
If he stays on the ballot, Farenthold would face six other Republicans in the primary. Four Democrats also have filed for the 27th District seat.
Farenthold used $84,000 in taxpayer dollars to settle a sexual harassment claim brought in 2014 by a former press secretary, and he has faced other recent allegations of sexual harassment, gender discrimination and allowing a hostile work environment.
Farenthold has denied the 2014 allegations and agreed to repay the settlement, but he acknowledged Thursday that he let his office become "decidedly unprofessional."
(c)2017 the Houston Chronicle
