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A Texas Democrat is the winner of his party’s primary in a state House district, and the party wants him out of the running.

Kelly Hall paid the 750-dollar filing fee to run in District 19, and then did no campaigning at all. Hall says he thought he’d dropped out of the race in January, but he’d missed a December deadline to get his name off the ballot. He defeated Javi Andrade, the party-backed candidate, by three thousand votes.

The Texas Democratic Party says Hall is ineligible because he’s running for mayor of Round Rock. But the GOP-led secretary of state’s office says the party can’t substitute anybody else.

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