A Denton County judge ruled Texas Senate candidate Brent Hagenbuch can continue to campaign, rejecting a request to stop him over residency questions.
The legal fight, the judge ruled, can continue even after the Republican primary election.
Hagenbuch is the frontrunner in the race for Texas Senate District 30, which opened up when incumbent Sen. Drew Springer, R-Muenster, announced he wasn't going to run for reelection. The winner of the Republican primary is almost guaranteed to become the senator in November.
“Just like Donald Trump’s opponents, our opponents thought they could win this election at the courthouse,” Hagenbuch spokesman Allen Blakemore said. “Texas judges and Texas law favor allowing the voters to make decisions about who they elect to public office.”
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Hagenbuch's three other opponents have tried several ways to derail his eligibility, arguing he lived outside the district in Little Elm where he pays property taxes and was registered to vote in the last election. On campaign paperwork, Hagenbuch listed the same building his trucking company is housed in the district, saying in court he has a corporate apartment at the location.
Gov. Greg Abbott, Former Gov. Rick Perry, Lt. Governor Dan Patrick, and a group of Texas senators have endorsed Hagenbuch. He also used to be the chairman of the Denton County Republican Party.
Monday night, Judge Lee Gabriel rejected a temporary restraining order requested by Dr. Carrie de Moor. Her team indicates they will continue their legal battle to try to get a judge to rule Hagenbuch is not eligible to represent the district. Attorney General Ken Paxton has endorsed De Moor.
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The timing of the case favors Hagenbuch. Because of time limits outlined in state law, a trial deciding where Hagenbuch lives will likely happen after the March 5 primary election. De Moor's lawyers plan to request an exemption because of the time crunch and plan to subpoena the frontrunner for a deposition.
“Hagenbuch will be required to testify under oath in a deposition about the tangled web of lies he has concocted in an attempt to deceive the voters of Senate District 30. It is clear he has lied to voters, and we look forward to deposing him,” said Mike Alfred, an attorney for De Moor, "The judge’s ruling also means Hagenbuch may be liable for Dr. de Moor’s attorney fees because of his frivolous defensive tactics, designed to delay the residency challenge."
De Moor's team told NBC 5 that if necessary, they will continue the legal challenge after the primary election, possibly forcing the Texas GOP Executive Committee to name a nominee.
This is the latest legal battle over where Hagenbuch lives. Earlier, another candidate, Jace Yarbrough, asked a Fort Worth Appeals court to weigh in. A fourth candidate, Cody Clark, filed a police report accusing Hagenbuch of forging documents. So far, none of these efforts have been successful, and Hagenbuch continues to campaign, including with Sen. Springer.
"One opponent thought she could win at District Court. She lost. Another opponent thought he could win at the Court of Appeals. He lost. The third opponent couldn't afford a lawyer, so he filed a police report instead. He is lost," said Blakemore.
Senate District 30 stretches across eleven counties, including parts of the Metroplex in Collin County and Denton County and then farther north to Sherman and west out to Weatherford. The primary election is March 5th. The deadline to register to vote is February 5th.
Late last week, the Denton County Republican Party called on Hagenbuch to drop out of the race because of the residency controversy, calling him a "pathological" liar.
