Lemons v. Wylie

Plaintiff Keith D. Lemons brought suit under Tex.Election Code Ann. art. 1.07 (1967) against Oscar Wylie, Castro County Democratic Chairman, to enjoin Wylie from certifying and placing on the primary ballot the name of Jimmy F. Davis as a candidate for County Attorney. Plaintiff alleged that Davis was ineligible to be a candidate because he did not meet the residence requirements under art. 1.05 of the Election Code. The trial court dismissed for lack of jurisdiction. Reversed and rendered.

Article 1.05 provides that no person shall be eligible to be a candidate in a general primary election…