Bird v. Rothstein

in which PHILLIPS, Chief Justice, GONZALEZ, HECHT, ENOCH, BAKER and ABBOTT, Justices, join.

In this original proceeding, Phil Bird seeks mandamus relief to require that his name be placed on the ballot as the Democratic nominee for state representative in House District 108. The issue is whether Bird is entitled to relief in light of our recent opinion in Davis v. Taylor, 930 S.W.2d 581 (Tex.1996). We conditionally grant in part the requested writ of mandamus.

The Honorable John Carona, the incumbent state representative for District 108, was the Republican nominee for the position when he…