Judge Issues Final Order in Precinct 4 Dem Runoff Race, Candidate Brittanye Morris Enters the Court Case, Candidate Jones Receives Notice of Complaint
A district court judge ordered the Fort Bend County Democratic Party remove Brittanye Morris from the 2026 primary runoff ballot and add Nicole Roberts in her place. Lawyers for Morris then filed a Petition for Intervention, Plea to the Jurisdiction, and a motion to dismiss for Lack of Standing. They argue that once Morris secured a place on the runoff ballot, Texas Election Code Section 172.060 requires her name remain on the ballot, even if questions about eligibility arise later.
The Fort Bend County Democratic Party also filed a motion to dismiss for Lack of Standing, also citing Section 172.060.
Election Code Section 172.060
(a) If a runoff primary candidate dies or is declared ineligible before runoff primary election day, the candidate’s name shall be placed on the ballot.
(b) If a deceased or ineligible candidate receives the vote required for nomination, the appropriate executive committee may select the nominee and certify the nominee’s name for placement on the general election ballot as provided by Subchapter B, Chapter 145, 1 for filling a vacancy in a nomination.
Roberts said Sunday, “The narrative has been I am saying that the judge agreed that she’s not a resident. That is not the case. The judge agreed that she was ineligible based on her voter registration not being in Precinct 4 at the time she filed to run for office. That was as a matter of law, not a matter of fact. Matters of fact can be disputed, but matters of law are pretty cut and dry. The was the information that we presented at trial.”
Among the findings reported by Covering Katy: Roberts contends Morris re-registered to vote at a Precinct 4 address on Jan. 1, 2026, nearly four weeks after the filing deadline. Roberts also pointed to public records showing Morris listed a Houston post office box as her mailing address on her candidate application, held a Texas driver’s license with a Houston address, had her vehicle registered in Harris County and had not voted in a recent Fort Bend County election.
According to Morris, the legal challenge is an improper attempt to replace the outcome earned by her “first-place finish with a second effort to gain ballot access through the courts rather than through the voters.”
Morris has hired some big guns for her legal battle. Texas Monthly once called Andy Taylor, “one of the 25 most powerful people in Texas politics,” and went on to say, “He’s the troubleshooting lawyer for Republicans whose political problems become legal problems.”
Doug W. Ray is the other attorney for Morris, he’s in private practice specializing in election campaigns, campaign finance law, and ethics. He has been cited regarding campaign finance complaints and election law matters in Central Texas. Morris said in a press release, “The legal issues are so clear, two of the most prominent election lawyers in Texas, one who represents Democrats and another who represents Republicans have agreed to jointly represent her and defend her candidacy.”
Runoff ballots are scheduled for printing on April 11. Commissioner Candidate April Jones said in response to the ruling, “Fort Bend residents deserve better! We deserve stable and trusted leadership that prioritizes residents and our families over scandals, questionable ethics and special interests.”
Sworn complaints were filed with the Texas Ethics Commission against Jones in the last week. The complaints maintain Jones:
- Made political expenditures without a campaign treasurer appointment in effect
– Allegedly violated Sections 252.001 and 253.031, which require a candidate to have a campaign treasurer on file before accepting or spending political funds. - Failed to file the 30-day pre-election report
– Did not submit the report due February 2, 2026, as required under Section 254.064(b). - Filed reports without the required sworn declaration or affidavit
– Her semiannual report (due January 15) and 8-day pre-election report allegedly did not include the required verification under Section 254.036(h). - Provided an incorrect reporting period
– The semiannual report reportedly listed an improper beginning date for the reporting period, in violation of Section 254.063(c). - Omitted required campaign treasurer information
– Failed to include the treasurer’s name, residence or business street address, and telephone number, as required by Section 254.061(2). - Failed to properly identify the election in a report
– The 8-day pre-election report allegedly did not include the identity and date of the election, as required by Section 254.061(1). - Failed to report a political expenditure
– Allegedly violated Section 254.031 by not disclosing a required campaign expenditure.
Either Roberts or Morris will face Jones in the May runoff. Both candidates confirm they will continue campaigning. The winner will go on to face either Republican Ken Mathews or Adam Schoof in November.