Bob Romano

Texas Democrats decided late Tuesday not to seek a restraining order against Dallas County election officials over votes they thought should have been counted in the House District 105 race, nor will they ask to have the election voided or for a new election, a Democratic Party attorney told The Dallas Morning News.

The reversal means Republican incumbent Linda Harper-Brown will retain her seat in the Irving-based district. She defeated Democrat Bob Romano by 19 votes among more than 40,000 votes cast, giving Republicans a 76-to-74 majority in the state House. Harper-Brown held her lead in a recount completed last Friday.

State Rep. Linda Harper-Brown (R-Irving) has won the recount in the House District 105 contest.  According to results from the Dallas County Elections Department, Harper-Brown led Democratic challenger Bob Romano by 19 votes out of the 40,756 votes cast. Harper-Brown had previously led Romano by 20 votes.

The vote totals do not include the so-called "emphasis votes" from electronic voting machines, which Democrats have argued should be counted. Dallas election officials followed orders from the secretary of state's office not to count these votes.

Texas Democratic Party officials filed a federal lawsuit Monday afternoon, asking for a temporary restraining order to stop the recount of the House District 105 race only hours after the recount had begun. The lawsuit, first reported by The Dallas Morning News, also requests to void the Nov. 4 results and to hold a new election for the seat.

The initial count among the more than 40,000 ballots cast in the Irving-based district has Republican incumbent Linda Harper-Brown leading Democrat Bob Romano by 20 votes. It's a crucial race that will determine the majority in the state House.

If Harper-Brown holds on, Republicans will maintain a majority. But if the recount changes the result, both parties will have 75 House seats.

The legal dispute about how votes should be recounted in the House District 105 contest continued in a Dallas County court Tuesday.  There were a number of issues to be addressed, including whether Judge Jim Jordan had jurisdiction over the case and if so-called emphasis votes should be counted.

The outcome of the recount in the race between state Rep. Linda Harper-Brown (R-Irving) and Democrat Bob Romano could change the balance of power in the state House.

Democrats argued that voters who elected straight-party voting should have their votes counted, even if they also voted for a Democratic candidate in a race.  Electronic voting machines automatically unselect votes for these races. Democrats said election law requires these votes be counted, according to the Dallas Morning News.

Democrat Bob Romano requested Wednesday that officials conduct a recount of votes for the House District 105 contest. Romano surprised the political establishment when he placed just a few votes behind state Rep. Linda Harper Brown (R-Irving). Romano currently trails the incumbent by 20 votes.

Republicans are maintaining a slim 76-74 lead in the state House. Should the recount results alter the victor of the race, neither party would have a majority. An evenly split House could dramatically affect the dynamics of the ongoing speaker's race and increase the odds of a Democratic speaker

House Speaker Tom Craddick (R-Midland) is no longer the most powerful man in state government. With more Democrats elected to the chamber last week his power may, "melt away," the Dallas Morning News writes.

Craddick's demise would bring a "welcome, new brand of leadership," that the paper says is needed for the state's urban areas. 

The editorial board hopes members can put together a coalition to elect a Republican or Democratic speaker.

Republicans maintained their 76-74 lead in the House after state Rep. Linda Harper-Brown (R-Irving) emerged as the winner in the House District 105 contest late Monday.

After Dallas election officials counted provisional ballots, her lead over Democratic challenger Bob Romano dwindled from 34 votes to just 20.