Two lawyers seeking Democratic nominations as county court judges today each filed a pro se suit against Gerry Birnberg, chairman of the Harris County Democratic Party, alleging they will be “irreparably harmed” because they aren’t listed first in their races on the primary ballot.

Dennis Slate, a Houston solo, alleges in a petition he filed in Harris County 164th District Court that, as a result of a primary ballot drawing conducted by Birnberg on Jan. 7, his name should be first on the primary ballot for County Criminal Court No. 13. However, Slate alleges in Dennis M. Slate v. Gerry Birnberg, et al. that his primary opponent, John V. O’Sullivan, is listed first on the official Democratic Primary ballot that Slate alleges was made public on Feb. 4 by Harris County Clerk Beverly Kaufman and her office.

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