The Independent View: TX Gov. Calls for Special Election but Candidates Have Two Days to File

Thanks to Richard winger of Ballot Access News for this post.

On April 25, Texas Gov. Greg Abbott called a Special Election for U.S. House, 27th District, to replace Congressman Blake Farenthold, who Resigned, April 6th, after sexual harassment allegations and other improper conduct came to light last year.

The District leans overwhelmingly Republican, with Farenthold winning his last Re-Election Bid in 2016 by more than 20%.

All Candidates Qualify by Filing with a Fee Payment, which is due April 27th at 5 p.m. The Filing Fee for a Place on the Special Election Ballot for an Open U.S. House Seat is $3,125, or if there was enough time, a Candidate can Collect 500 Signatures from Registered Voters in the District.

Texas Special Elections do not have Party Nominees, although Party Labels are Printed on the Ballot.

Ballots Candidate Validly no later than 5:00 p.m. on May 16th, 2018.

Ballots subject to the Federal Uniformed and Overseas Citizens Absentee Voting Act shall be Mailed to Voters entitled to Vote by Mail no later than 5:00 p.m. on May 31th, 2018.

Early Voting by Personal Appearance shall begin on June 13th, 2018, and end on June 26th, 2018.

The Election will be June 30th. IF no one gets 50%, there will be a Runoff sometime in September, at the latest.

TO ALL TO WHOM THESE PRESENTS SHALL COME:

WHEREAS, the resignation of Representative Blake Farenthold has created a vacancy in the U.S. House of Representatives for the 27th Congressional District of Texas, which consists of all or parts of Aransas, Bastrop, Caldwell, Calhoun, Gonzales, Jackson, Lavaca, Matagorda, Nueces, Refugio, San Patricio, Victoria and Wharton counties; and

WHEREAS, Article I, Section 2 of the U.S. Constitution and Section 204.021 of the Texas Election Code require that a special election be ordered upon such a vacancy, and Title 2, Section 8 of the U.S. Code requires that the date of such election be as prescribed by state law; and

WHEREAS, Section 3.003 of the Texas Election Code requires the special election to be ordered by proclamation of the Governor; and

WHEREAS, Section 203.004(a) of the Texas Election Code provides that 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, 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, the federal Uniformed and Overseas Citizens Absentee Voting Act requires that validly requested absentee ballots in federal elections be transmitted to absent uniformed services voters and overseas voters no later than 45 days prior to the election; and

WHEREAS, members of our U.S. armed forces, their families and overseas citizens should have a full opportunity to participate in every election; and

WHEREAS, the election to fill the vacancy in the U.S. House of Representatives for the 27th Congressional District of Texas is a federal election; and

WHEREAS, the Governor has the authority under Texas Government Code 418.012 to issue proclamations that have the force and effect of law; and

WWHEREAS, should the emergency special election result in a runoff, the runoff election would likely be held in September, 2018, at the latest; and

WHEREAS, a prolonged vacancy in Congressional District 27 will prevent, hinder or delay necessary action in coping with the damage caused by Hurricane Harvey;

NOW, THEREFORE, I, GREG ABBOTT, Governor of Texas, under the authority vested in me by the Constitution and Statutes of the State of Texas, and after consulting with the U.S. Department of Justice’s Civil Rights Division, do hereby order an emergency special election to be held in Congressional District 27 on Saturday, June 30, 2018, for the purpose of electing a U.S. Representative for Congressional District 27 to serve out the unexpired term of Blake Farenthold.

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 April 27, 2018.

Ballots validly requested pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act shall be transmitted no later than 5:00 p.m. on May 16, 2018.

Ballots subject to the federal Uniformed and Overseas Citizens Absentee Voting Act shall be mailed to voters entitled to vote by mail no later than 5:00 p.m. on May 31, 2018.

Early voting by personal appearance shall begin on June 13, 2018, and end on June 26, 2018.

To the extent the dates specified in this proclamation conflict with any state election law requirements, those laws are suspended pursuant to Section 418.016 of the Texas Government Code. This suspension is effective only for the special election ordered in this proclamation.

A copy of this order shall be mailed immediately to the County Judges of all counties contained within Congressional District 27, 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 27 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 24th day of April, 2018.

GREG ABBOTT
Governor