Attorneys for the state and the McLennan County Democratic Party will argue before the Texas Supreme Court on July 24 that a veteran Waco judge can’t be the Democrats’ nominee in November because he voted in the March Republican primary. At issue in State of Texas, et al. v. David L. Hodges is the constitutionality of Texas Election Code �162.015, which prevents a person who votes in one party’s primary from being a general election candidate for a different party. The Supreme Court is hearing the case on a direct appeal by the state, the McLennan County Democratic Party and Waco attorney John Cullar, the party’s county chairman.

Hodges, judge of Waco’s County Court at Law No. 1 for the past 20 years, sued the party after he was declared ineligible to be on the general election ballot under �162.015 — the so-called “sore loser” law.

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