SAN ANTONIO, June 24 (UPI) -- A state appeals court has given Rep. Ciro Rodriguez, D-Texas, new life in his fight for political survival in South Texas.
A three-judge panel of the 4th Court of Appeals ruled Wednesday a judge should have heard Rodriguez' evidence that illegal votes were allegedly cast for his opponent Henry Cuellar in the Democratic primary, the San Antonio Express-News reported.
State District Judge Joe Hart ruled the evidence could not be presented because it was not part of Rodriguez' original lawsuit, but the appeals court overruled him and ordered a new trial.
"We feel good about it," Rodriguez told the Express-News. "We are elated. We just want to be sure the true winner of the 28th Congressional District is elected."
Cuellar, who currently has a 58-vote lead in the race, was disappointed but confident he would eventually win. The Laredo lawyer said he would seek a re-hearing before all seven judges of the court of appeals.
The Rodriguez campaign alleges there were hundreds of illegally cast ballots in Cuellar's home county. There have been two recounts since the March 9 primary in the close 28th District primary contest.
The victor will face Republican Jim Hopson, of Seguin, in the November general election.
