Midland Democrat Bill Dingus didn't get off the Midland City Council before he got on the ballot to run against House Speaker Tom Craddick, and a federal judge ruled that, as a result, he's ineligible to run.

"The Court agrees that a person holding a lucrative office, such as a member of the Midland City Council, is not eligible to become a candidate for the Texas Legislature," U.S. District Judge Walter Smith wrote.

Here's a copy of the judge's order.

Dingus, who's still on the council, says he was relying on an earlier bit of case law. And he says Smith didn't remove him from the ballot, but that he'll abide by whatever state party officials decide to do.

"If the Texas Democratic Party Chair declares me ineligible, I will resign my office on city council and will actively seek to be the replacement nominee for the office selected by the state executive committee that meets this Saturday," Dingus said in an email.

"I have done all I can to comply with the election procedures in this state and will continue to do so. I am grateful the Texas Democratic Party submitted this to the Court for determination."

Craddick didn't directly comment. "We have no involvement in the lawsuit, and we are leaving it to the courts to decide," said Alexis DeLee, a spokeswoman for Craddick.

The lawsuit is actually a battle between the Republican Party of Texas and the Texas Democratic Party.

State GOP officials called it a victory, saying the court had declared Dingus ineligible and adding that he can't cure the problem by resigning now from the Midland City Council.

"Needless to say, we are very pleased with the decision," said said Tina Benkiser, the state party chairwoman. "We now hope appropriate action will be taken by the relevant individuals and entities."

The Democrats said they're still looking at the suit and considering their options.