He announced he won't run, but San Antonio lawyer Rene Barrientos didn't say it in time to get off the ballot. He won't campaign against Sen. Judith Zaffirini, D-Laredo, but he'll be on the ballot and voters will have a choice. Elsewhere, Texas Democrats are in court to keep one candidate off the ballot and another one on it.
Barrientos, a Democrat, dropped out right after the filing deadline, saying he'd decided he wasn't willing to run the mean-and-nasty campaign his consultants outlined as the only way to beat the incumbent. But there's a state law that says candidates can't get off the ballot in the 62 days before an election. The primary's relatively early this year — March 4 — and that deadline coincided with the filing date. After that date, a filed candidate stays on, whether he's alive, convicted, eligible, or unwilling.
Something like this happened two years ago when Dr. Henry Boehm Jr. decided too late to take his name off the Democratic ballot in another Senate race. He didn't campaign, but beat the Democrat who wanted the job (by about 1.5 percentage points). After the primary, Boehm took his name off the ballot. The Democrats weren't allowed to replace him, and Glenn Hegar Jr., a Republican, went on to beat the Libertarian in the race and become a new state senator.
Barrientos wasn't available for comment. Zaffirini says she'll just do what she was going to do anyway: "As far as I'm concerned, his name is on the ballot, and my campaign will continue. Our advertising is produced, our team is in place, and we're conducting business as usual."
• Texas Democrats won one lawsuit keeping a candidate off the ballot and are involved in another legal action to keep a candidate on board. Presidential contender Dennis Kucinich went to court over an oath the state's Democrats require of their presidential candidates; they have to agree to support the party nominee even if they lose. Kucinich wouldn't sign that "loyalty oath," but a federal judge in Austin says it's legal. The 5th U.S. Circuit Court of Appeals declined to take the case, so the Ohio Democrat has asked the U.S. Supreme Court to have a look.
Meanwhile, the Texas Democratic Party is asking a Midland judge to affirm Midland Democrat Bill Dingus' right to run against House Speaker Tom Craddick, R-Midland. Republicans in West Texas have raised questions about whether Dingus resigned from the Midland City Council in a way that allows him to run. The Democrats say he did and want a court to put the Good Housekeeping Seal on their version.