Gov. Abbott Orders SD 19 Emergency Special Election
TO ALL TO WHOM THESE PRESENTS SHALL COME:
WHEREAS, the resignation of Senator Carlos Uresti, and its acceptance, has caused a vacancy to exist in Texas State Senate District No. 19, which consists of Brewster, Crockett, Dimmit, Edwards, Frio, Kinney, Maverick, Medina, Pecos, Real, Reeves, Terrell, Uvalde, Val Verde and Zavala counties and parts of Atascosa and Bexar counties; and
WHEREAS, Article III, Section 13 of the Texas Constitution and Section 203.002 of the Texas Election Code require that a special election be ordered upon such a vacancy, and Section 3.003 of the Texas Election Code requires the special election to be ordered by proclamation of the Governor; and
WHEREAS, the vacancy occurred on June 18, 2018, and, therefore, pursuant to Section 203.004 of the Texas Election Code, the special election must be held on the first uniform date occurring on or after the 36th day after the date the special election is ordered, unless there is an emergency requiring that the vacancy be filled sooner; and
WHEREAS, pursuant to Section 41.001 of the Texas Election Code, the only uniform election date remaining in 2018 is November 6; and
WHEREAS, should a special election on November 6, 2018, result in a runoff, Section 2.025(d) of the Texas Election Code provides that the runoff election date cannot be held sooner than the 70th day after the final election canvas, and the earliest possible date for that runoff election would likely occur well into January of 2019; and
WHEREAS, ordering the special election for November 6, 2018, would leave Senate District No. 19 without representation in the Texas Senate for the remainder of 2018, or the bulk thereof; and
WHEREAS, the indictment and ultimate conviction of Senator Uresti for fraud and money laundering has already left District No. 19 without effective representation in the Texas Senate for over a year; and
WHEREAS, because the 86th Legislative Session is approaching, there are ongoing interim legislative committee hearings, and compliance with the aforementioned laws would continue to leave District No. 19 without representation in the Texas Senate, it is imperative to fill this vacancy to ensure that Senate District No. 19 is fully represented as soon as possible; and
WHEREAS, Section 41.0011 of the Texas Election Code provides that the Governor may order an emergency special election before the appropriate uniform election date; and
WHEREAS, Section 203.004(b) of the Texas Election Code provides that an emergency special election must be held on a Tuesday or Saturday on or after the 36th day and before the 50th day after the election is ordered;
NOW, THEREFORE, I, GREG ABBOTT, Governor of Texas, under the authority vested in me by the Constitution and Statutes of the State of Texas, do hereby order a special
election to be held in Senate District No. 19 on Tuesday, July 31, 2018, for the purpose of electing a state senator to serve out the unexpired term of Senator Carlos Uresti.
Candidates who wish to have their names placed on the special election ballot must file their applications with the Secretary of State no later than 5:00 p.m. on Monday, June 25, 2018.
Early voting by personal appearance shall begin on Monday, July 16, 2018, in accordance with Section 85.001(a) and (c) of the Texas Election Code.
A copy of this order shall be mailed immediately to the County Judges of all counties contained within Senate District No. 19, and all appropriate writs will be issued and all proper proceedings will be followed for the purpose that said election may be held to fill the vacancy in District No. 19 and its result proclaimed in accordance with law.
IN TESTIMONY WHEREOF, I have hereto signed my name and have officially caused the Seal of State to be affixed at my office in the City of Austin, Texas, this the 20th day of June, 2018.
Source: Texas Governor’s Office
Originally Published 20 June 2018
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Governor Greg Abbott has appointed Michael “Mike” Toth to the Third Court of Appeals for a term set to expire December 31, 2018, or until his successor shall be duly elected and qualified. Michael “Mike” Toth of Austin is senior counsel at Dykema Cox Smith, LLC. Previously, he served as special counsel and senior counsel in the Texas Attorney General’s Office. He is a member of the State Bar of Texas, New York State Bar, Federalist Society, and the Navy Marine Corps Business Network…
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