DALLAS – The Fifth District Court of Appeals in Dallas ruled Thursday that the Texas Democrats’ frivolous lawsuit seeking to keep state Sen. Brian Birdwell (R-22) off the November ballot is “groundless.” The decision clears the way for Birdwell, who handily won a special election in June to replace the retiring Sen. Kip Averitt and was subsequently certified as the Republican Party’s nominee, to remain on the ballot.

“The Republican Party was always confident that Sen. Birdwell is and has been a resident of Senatorial District 22 for the requisite period of time,” said Republican Party of Texas Chairman Steve Munisteri. “It is clear that the Democratic Party, as is its custom, has wasted taxpayers dollars by filing a frivolous lawsuit, as Sen. Birdwell had already previously obtained a court ruling that he had proper residency. I was also gratified to learn that the court ruled that the Democratic Party should bear the cost of the writ of mandamus. I look forward to Sen. Birdwell winning re-election. The Republican Party is totally committed to providing whatever resources are needed to ensure his victory. We are very grateful to our legal team at Kelly Hart & Hallman, and their lead counsel, former Chief Justice John Cayce.”

“We are excited that the court ruled, as we were always confident it would, that Sen. Birdwell will be on the ballot with all of our other great conservative Republicans this November,” said Victory Texas 2010 Chairman, Comptroller Susan Combs. “Victory Texas, working along with the Republican Party, is ready to mobilize our grassroots army in Senate District 22 to help Sen. Birdwell win re-election.”