Judge rules against Texas congressman

SAN ANTONIO, May 4 (UPI) -- A judge Tuesday threw out part of a lawsuit filed by the losing candidate in a Texas congressional race.

Judge Joseph Hart tossed out an amendment that Rep. Ciro Rodriguez, D-Texas, had made to his original lawsuit, the San Antonio Express-News reported. The judge did, however, order a new recount of votes in Webb County.

Rodriguez' attorney said he still plans to appeal Hart's ruling.

Rodriguez initially won the March 9 primary in the 28th District in South Texas by 145 votes, but his opponent Henry Cuellar sought a recount and was declared the winner.

Rodriquez filed the lawsuit because he said there were unexplained vote changes in Webb and Zapata counties. He later amended his suit with allegations of voting irregularities.

The new recount will probably be conducted later this week, the Express-News reported.