Dallas County voters could pick a winner in March who may never actually wear the badge.
DeMondre Montgomery, a 27-year-old Democrat challenging incumbent Henry Curry for Dallas County Constable Precinct 3, is on the March primary ballot, but a recent misdemeanor case and strict state licensing rules could keep him from legally serving even if he comes out on top. Court records and recent reporting show Montgomery pleaded guilty last October to a misdemeanor tied to an effort to get constable license plates, and the tight state licensing timeline for elected constables leaves little room to fix that record.
Judge Keeps Montgomery on the Ballot
A Dallas County judge recently rejected an attempt to knock Montgomery off the March ballot after Curry’s camp argued he did not have the required peace officer credentials. As reported by NBC 5 Dallas-Fort Worth, party officials said Montgomery met the basic requirements to appear on the ballot, even though the question of whether he could actually serve in office is still hanging over the race.
Misdemeanor Plea and Deferred Adjudication
According to The Dallas Morning News, Montgomery pleaded guilty in October 2025 to a Class B misdemeanor for false identification after he tried to obtain constable license plates from the Ellis County Department of Motor Vehicles in 2022. He received one year of deferred adjudication. The reporting also notes he previously faced other charges, one of which was dropped and another that ended in an acquittal, and that he narrowly lost the 2022 Democratic primary to Curry.
State Rule: Show Licensure Within Nine Months
State law adds another layer of trouble. Texas requires a newly elected constable to show proof of a permanent peace officer license on or before the 270th day after taking office or risk forfeiture of the position through a quo warranto proceeding. The rule and the forfeiture remedy are laid out in Texas Statutes.
TCOLE Waiver Rules Narrow Options
The licensing hurdles do not stop there. The Texas Commission on Law Enforcement, or TCOLE, limits who can be licensed as a peace officer. Applicants who have been placed on community supervision for certain misdemeanors face a 10-year bar on getting an initial license, and any exception has to be requested by a sponsoring agency’s chief administrator. TCOLE explains that a chief administrator may ask for a waiver and that an applicant is generally eligible for that type of consideration five years after the date of conviction or placement on community supervision, while the broader 10-year licensing restrictions are detailed in the TCOLE statutes and rules handbook.
Opponents Say There Is No Path to Serve
Curry argues this is not just inside-baseball paperwork, it is about whether the next constable can legally do the job. He told The Dallas Morning News that the fight is about the “integrity of the office,” not politics. Curry’s attorney, Philip Kingston, warned that the judge’s ballot ruling did not erase what he described as a hard legal wall blocking Montgomery from actually serving. Legal trainers and attorneys told reporters a candidate could win the seat yet still miss the statutory window to secure a license, which would likely trigger removal proceedings and a special election to fill the vacancy.
Montgomery’s Defense and Campaign Claims
Montgomery and his campaign insist he is not running a symbolic race. They say he will pursue legal options to remain in office if he is elected and argue his campaign is focused on reform and access to law enforcement services. His campaign website highlights a list of law enforcement and security roles and certifications, and Montgomery told NBC 5 Dallas-Fort Worth he believes there are pathways used by former officers and special investigators that could apply to him, though the current rules and waiver process make that a steep climb.
What’s Ahead for Voters
The Democratic primary is set for March 3, 2026, and the outcome could hand Precinct 3 a winner who cannot legally take the job, setting up months of legal wrangling or a special election. The state’s election calendar and county election offices will control what happens next, and the Texas Secretary of State’s election advisory will guide deadlines and procedures for the March primary.
