UPDATE: Brittanye Morris will remain on the runoff ballot. Our updated story is posted here.
RICHMOND, Texas (Covering Katy News) — A Fort Bend County judge has ruled that Brittanye Morris, the front-runner in the Democratic primary for Precinct 4 county commissioner, is ineligible to appear on the May 26 runoff ballot because she did not meet the precinct's residency requirements at the time she filed for the race.
434th District Judge Susan Brown ruled Thursday that Morris was not a registered voter in Precinct 4 when she filed her candidacy, disqualifying her from the runoff. The ruling elevates Nicole Roberts, who finished third in the March 3 primary, to second place. Roberts would face second-place finisher April Jones in the May 26 runoff if the ruling survives appeal.
The McCoy Connection
The seat is open because incumbent Precinct 4 Commissioner Dexter McCoy vacated it to run for Fort Bend County judge. Notably, McCoy has a couple of connection to Roberts — he endorsed her run for the seat he is vacating and he also appointed her to serve on the Fort Bend County Citizens Redistricting Advisory Committee in 2025.
The Residency Dispute
Texas law requires candidates for precinct office to establish residency in their precinct six months before the filing deadline, which was Dec. 8, 2025. Roberts argued in her lawsuit that Morris, a former judge on the 333rd District Court in Harris County, did not meet that standard.
Roberts contended that Morris re-registered to vote at a Precinct 4 address on Jan. 1, 2026 — nearly four weeks after the filing deadline — and that her actual residence was a Houston townhouse. Roberts also pointed to public records showing Morris listed a Houston post office box as her mailing address on her candidate application, held a Texas driver's license with a Houston address, had her vehicle registered in Harris County and had not voted in a recent Fort Bend County election.
The Legal Battle Ahead
Morris' current voter registration lists an address at a home in Precinct 4. The Fort Bend County Democratic Party, named as the defendant in Roberts' lawsuit, has filed an appeal. Morris' election lawyer, Andy Taylor, says the law does not allow a runoff candidate to be removed from the ballot. More legal actions are likely. Because ballots are usually printed in mid-April, a decision must be made soon.
Also Read: Fort Bend Democrat Paula Miller removed from ballot over residency
The Reactions
Roberts called the ruling a victory for the democratic process.
"I'm grateful the court took these concerns seriously and upheld the integrity of our election process," Roberts said. "From the beginning, this was never about the outcome of one race. It was about making sure our elections are fair, transparent, and worthy of the voters' trust."
Morris responded to the ruling in a post on social media, saying: "While we are disappointed with the court's ruling, we remain fully confident that the rule of law will ultimately prevail. It is important to note that any orders issued are not final for at least 30 days. During this time, our campaign will continue to move forward with unwavering energy and a steadfast commitment to the people we serve. We have full faith in our justice system and its ability to deliver a fair and just outcome. We also believe that these political tactics by a third-place candidate will not succeed in the end. Our focus remains on serving our community and upholding the integrity of this process."
Jones, whose eligibility has not been challenged, said she supports the ruling.
"I think we all need to play by the same rules," Jones said. "If candidates don't live in Fort Bend, then they shouldn't come to Fort Bend and run. Whoever that second person is, I'm prepared to run."
The Primary Results
In the March 3 primary, Morris received 18.82% of the vote, Jones received 17.64% and Roberts received 16.41% in the seven-candidate field.
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