SAN ANTONIO – Tx — Voters will have three choices to select from for Bexar County District Attorney in Nov. after the state rejected an effort by the Bexar County Republican Party to have independent candidate Jason Wolff removed from the ballot.

The lawsuit against Jason Wolff filed by Republican candidate Ashley Foster and the Republican Party of Bexar County includes a long list of allegations including claims that more than 100 people who signed Wolff’s petition to appear on the ballot as an independent had already voted, making them ineligible.

In order to qualify as an independent, Wolff had to secure at least 500 signatures from eligible voters who did not vote in the primary or runoff elections.

“It is not uncommon for people to sign your petition and think they are a registered voter, or they forgot they voted in a primary,” Wolff said. “There is really nothing wrong with that. I had over 1,100 signatures. 710 qualified.”

Another issue Foster pointed out is that the state law requires people who collect signatures to swear they witnessed each signature before an authorized officer. Foster alleges Shain Ochoa, a legal assistant and notary at Wolff’s firm notarized some of the signatures without witnessing them, as a result invalidating them. Wolff calling it an honest mistake.

“I relied on her to make all the proper notations,” Wolff said. “I found out only later she didn’t record any of these in her notary book. She contacted the secretary of state. I said call them and tell them what happened. They said have the people come back in. Have them sign your notary book and put the date that they are there that day and the date they were notarized previously. That’s exactly what she was doing.”

Judge Christine Hortick ultimately found that there were errors in the notary process but did not remove Wolff from the ballot.

In a statement Foster said she was disappointed with the ruling but respects the court’s decision.

“The court’s written decision confirms several of the serious concerns that caused us to bring this challenge in the first place.”