In a very bizarre turn of events in Texas, voters in Texas House District 93 rejected Republican Alan Blaylock and elected a candidate named Ericka Lomick. However, the trouble for the state and the voters of that district is that Lomick is a convicted felon, and under current Texas law is forbidden from taking her seat as a result of that felonious past.
Specifically, Lomick, who managed to win about 51 percent of the vote in this election despite having suspended her campaign weeks before election day, is apparently the same woman as an Ericka Lomick who was convicted of mortgage fraud, bank fraud and conspiracy to commit money laundering in North Carolina in 2011. It is still being investigated whether that is definitively her, but it is believed to be.
If that is her, then she is forbidden by law from taking her seat, as current Texas law forbids it. The pertinent law is Section 141.001 of the Texas Election Code, which provides that a person finally convicted of a felony is ineligible to be a candidate for, or elected to, public office unless they have been pardoned or otherwise released from the resulting disabilities. Merely serving a prison sentence to the end is not sufficient.
Drawing attention to the matter on X, Gina Milan, a prominent pro-MAGA account, wrote, “Let me tell you something absolutely BONKERS from last night’s midterms…Democrat Ericka Lomick just “won” Texas House District 93 despite being a convicted felon who suspended her campaign months ago. She pleaded guilty in 2011 to federal charges including mortgage-fraud conspiracy, bank fraud, and money laundering. Her sentence? 63 months in federal prison.”
Milan continued, “On her candidate paperwork, she checked the box claiming she had not been finally convicted of a felony. After her criminal record surfaced in September, she suspended her campaign and stopped running. But Texas election deadlines had already passed, so her name remained on the ballot for both the regular general election and the special election. And voters still elected her by roughly 51–49%.”
Getting to the consequences of the felony conviction, she said, “Here’s the kicker: Under Texas law, a final felony conviction generally makes someone ineligible to hold office unless they’ve been pardoned or had their disabilities released. Meaning she can’t actually serve. Her “victory” simply creates a vacancy and triggers yet another special election. A convicted federal fraudster who quit campaigning still got elected to the Texas House. Let that absolutely sink in.”
The state’s Democratic Party so far appears to have mainly tried to avoid the issue, though Tarrant County Democratic Party chair Allison Campolo informed a state paper, the Star-Telegram, that officials are consulting Lomick’s campaign and lawyers. Campolo said there is, so far, no exact timetable for a decision on if Lomick can hold the seat.
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Lomick, for her part, told the Star-Telegram that her campaign is “awaiting guidance from legal counsel”. She also said that she is “appreciative of the outcome” of the election, and voters potentially putting her in the House, if she can take the seat.
Featured image credit: Ballotopedia