 | | Nehls
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| A squabble has erupted in a Republican Party primary constable's race concerning eligibility, and the matter now will be determined by a judge.
Troy Nehls, who is seeking the GOP nomination for Precinct 4 constable, was granted a temporary restraining order Wednesday by 268th District Court Judge Brady Elliott to determine his status and whether he will remain on the ballot.
Nehls is currently on active duty in the U.S. Army Reserves.
Eric Thode, chairman of the Republican Party in Fort Bend County, said he was informed late last week there was a question about whether Nehls could be on the ballot for the March 8 primary due to his active duty status with the military.
Thode said he informed Nehls of the concerns Tuesday and asked him to make his own inquiries to determine his situation.
Thode said the election code cites any statutes that may pertain to eligibility, and the question, he said, is noted in military law.
Of the brief hearing held in Elliott's chambers Wednesday, Thode said "they made the argument that this is military law, not civil law."
Thode said a statute in military law states military service men and women cannot seek federal, state or local offices while serving on active duty. A special exception can be given by Secretary of Defense Donald Rumsfeld.
Nehls said he was to deploy to a base in Louisiana on Tuesday when Thode called him on Monday saying that an investigation from another campaign "or someone" found the Department of Defense directive.
"I have chosen to take this action, filing this temporary restraining order, so that I could be assured that my name would be on the ballot," he said.
Tuesday night, said Nehls, was the deadline for Thode to remove a candidate from the ballot.
"The question is what would give the chairman of the Republican Party the ability to interpret Department of Defense directives and act upon that in a civilian manner?
"This is an issue between the military and I, and I am working aggressively with my chain of command to try to sort this matter out," said Nehls.
Nehls is running against incumbent Hal Werlein and peace officer Mike Garza for the constable's seat, and he suggests "connecting the dots" between Thode and the candidates to understand the matter.
Nehls said his chain of command granted him a day or two to resolve the issue before he heads off to Louisiana.
In October, Nehls said he would be deployed to a military base in December before leaving for Iraq in January. Nehls said he spent most of December at Fort Bragg in North Carolina, and that military plans have changed.
"This is done at echelons above me and I just go according to what I've been told," said Nehls. "I mean, things change."
A 9 a.m. Jan. 20 hearing in Elliott's court will determine the matter.
Thode said the agreement made at Wednesday's meeting with the judge included a proviso that the issue be permanently settled and not appealed at the Jan. 20 hearing.
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