Democrat Texas House candidate Ericka Lomick has suspended her campaign following questions about whether her previous federal felony conviction makes her eligible to hold public office.
Lomick announced Monday that she was ending her bid for the Tarrant County-based district 93 seat, saying the decision came “after careful consideration.”
“Although this was not an easy decision, I am convinced that it was the right one for the people of HD 93,” said Lomick.
Her campaign acknowledged that the decision followed questions about her eligibility to serve.
“After questions arose about the candidate’s eligibility to serve as the district’s elected Representative, Ericka Lomick has chosen to step aside and allow the people of HD 93 to elect someone who can serve the district without the burden of defending against attacks that would threaten to derail the business of the people,” the campaign stated.
Those questions emerged after the Protect and Serve Texas PAC resurfaced Lomick’s federal criminal history in the race.
Federal court records show Lomick, known then as Ericka Flood, was charged in 2010 as part of a federal mortgage fraud investigation in North Carolina. Federal prosecutors identified Flood as both a mortgage broker and promoter involved in the scheme.
Lomick ultimately pleaded guilty in the case and was sentenced to 63 months in federal prison.
She later attempted to have her sentence vacated, alleging, among other claims, ineffective assistance of counsel in connection with her plea and sentencing. A federal district judge denied the motion in 2012.
The conviction raised questions about Lomick’s eligibility to seek state office in Texas.
Under Texas law, a person who has been finally convicted of a felony is generally ineligible to be a candidate for public office unless they have been pardoned or “otherwise released from the resulting disabilities.” The Texas Secretary of State specifically notes that merely completing a felony sentence does not restore a person’s eligibility to run for office.
The Texas Constitution also directs the Legislature to exclude from office individuals convicted of bribery, perjury, forgery, or other “high crimes.”
Lomick had previously told the Fort Worth Report that she had never been convicted of a crime “in any state.”
Her departure leaves Republican candidate Alan Blaylock, a former Fort Worth city councilman, as the likely winner of the seat, which was recently vacated by Nate Schatzline.
Blaylock criticized Democrats for nominating Lomick despite her background.
“Like too many Democratic candidates this year, she was rushed to file and was not prepared to run,” Blaylock told Texas Scorecard.
“Our campaign continues forward with an unwavering focus on lowering the cost of living, providing real, permanent property tax relief, strong schools and safe neighborhoods,” he added.
