In a rare contest for an open state senate seat here in North Texas, one candidate claims in court that the other doesn’t live in the district. There’s a Denton County court hearing on the issue Friday. It’s over Senate District 30 stretching across the metroplex from Collin County to Denton County and further north and west. NBC 5’s Phil Prazan looks at the issue in court.
In a rare contest for an open state senate seat in North Texas, one candidate asked a judge to declare the frontrunner not eligible for office because, on Friday a Denton County court will hold a hearing on the issue.
The legal fight is over Senate District 30 stretching across the Metroplex from Collin County to Denton County and farther north and west out to Weatherford. Four Republican candidates are trying to succeed Sen. Drew Springer (R-Muenster), who chose not to run again.
Brent Hagenbuch is a local businessman, former Denton County Republican Party chair, and the frontrunner in the race. He's been endorsed by Republican leadership including Gov. Greg Abbott and Lt. Gov. Dan Patrick as well as former Gov. Rick Perry (R), other state senators, and influential conservative groups.
Dr. Carrie de Moor, businesswoman and emergency room doctor is backed by Republican Attorney General Ken Paxton and filed a lawsuit asking a court to declare Hagenbuch not eligible to run for office.
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“I’ll run a campaign against anyone. I’m not afraid of him. I think we have to obey the laws," said de Moor.
Her lawsuit claims Hagenbuch does not live in the district at the address listed on campaign paperwork: an office building along Shoreline Drive in Denton where his trucking company has an office. Per the law, candidates for office have to reside in the district for one year before the November election.
de Moor argued Hagenbuch lives outside of the district in a house in Little Elm where he is registered to vote and where he paid property taxes. She told NBC 5 they were once friends and she's been inside his home.
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"If he’s going to lie to you now to gain office, he’s going to lie to you when he gets to Austin. The border is a huge issue for me. Well, he certainly doesn’t respect the border of this district," said de Moor.
Hagenbuch was not made available for an interview before Friday's court hearing but he's argued in court he lives in the district.
His campaign spokesman, Allen Blakemore, wrote NBC 5, “Just like Donald Trump, Brent Hagenbuch’s opponents know they can’t beat him at the ballot box, so they seek to deny the voters the chance to vote for him."
Blakemore pointed to the last hearing, which led to a delay in the case after Hagenbuch's legal team provided the court with a corporate lease for an apartment across the street from the office building. de Moor's team wanted more time to vet the new document.
“Opposition lawyers seemed dazed and confused, asking for extra time to prepare, as Hagenbuch’s counsel asserted his right to appear on the ballot and carefully explained the law," wrote Blakemore.
So far Hagenbuch has been successful fighting off challenges over where he lives. Another candidate, Jace Yarbrough, made a similar challenge in a Fort Worth appeals court. A fourth candidate, Cody Clark, told The Dallas Morning News he contacted local police and the Texas Department of Public Safety, alleging forged documents.
NBC 5 asked de Moor about Blakemore's statement, comparing Hagenbuch to former President Donald Trump, who has a legal case in front of the Supreme Court seeking to remove him from the ballot over his actions during the Jan. 6, 2021, riot at the United States Capitol.
"He’s nothing like Donald Trump. He is lying about where he lives. Period. And he’s just not eligible," said de Moor.
Time is important in this case. Saturday is the deadline for overseas ballots to be printed and mailed out. de Moor told NBC 5 that even if they miss the deadline, a court can still declare him not eligible to be elected.
The primary is March 5 for the sprawling 11-county district. The seat is drawn in a way where the winner of the Republican primary is almost guaranteed to win in November.
State Sen. Drew Springer told Lone Star Politics he was not running again because he wanted to focus on his family business instead of being in Austin for months at a time.
