Mike Toth, a major in the U.S. Marine Corps, won the Republican nomination for a seat on the Third Court of Appeals Tuesday night.

Toth beat his runoff opponent, longtime Austin lawyer Donna Davidson, 52.8 to 47.1 percent. The runoff was triggered when none of the four original candidates earned above 50 percent of the vote in the March primary election, forcing the top two contenders to compete again for the nomination. In the March contest, Toth came in first with 39 percent, with Davidson in second at 31.

Toth is a special counsel on Texas Attorney General Ken Paxton’s executive team, and is also active in the Marine reserves. He was endorsed by numerous conservative organizations including Texans for Fiscal Responsibility, Texas Right to Life, Texas Values, and Texas Home School Coalition.

Paxton called Toth “exceptionally well qualified for the Third Court of Appeals” and said “he’ll interpret the law fairly and accurately, and has the utmost integrity.”

The Third Court encompasses 24 counties and serves 2.5 million Texans. The court handles civil and criminal cases appealed from lower courts in its jurisdiction, and is responsible for setting the regulatory law climate that affects businesses across the state.

Toth is set to face Democrat state district judge Gisela Triana in the November general election.

Jacob Asmussen

Jacob Asmussen is a Senior Journalist for Texas Scorecard. He attended the University of Mary Hardin-Baylor and in 2017 earned a double major in public relations and piano performance.


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