When an Elected Official resigns from office before the term expires

Many of you may have read in our local newspaper of two elected officials for Hutchinson County resigning from their elected positions effective July 31, 2022. Yadi Rodriguez resigned from Justice of the Peace, Precinct 2, and Terry Webster resigned as Constable for Precinct 1. I thought I would address the Constable first and then the Justice of the Peace second.

Terry Webster’s position was NOT on this upcoming ballot for General Election in November 2022.

The Texas Secretary of State Election Laws provides the process on how to replace the Constable position and fill the “unexpired” term.

Each party, Republican and Democrat, will select a nominee to represent their party. Now the potential candidate MUST meet the criteria outline for this elected position foremost such as living in the territory for the election position which is Precincts 11, 14, 31 and 33. There is more criteria for the position and you can find that on the Texas Secretary of State website under ELECTION.

Once each party has selected their nominee, we give the application to Jan Barnes, our Election Administrator prior to August 29th, and those names will be on the ballot for the November 2022 election.

So you may wonder WHO decides for the Republican Party for Hutchinson County. That is your Hutchinson County Executive Committee which consists of your Republican County Chair and the eight Precinct Chairs.

The Precinct Chairs for 11, 14, 31 and 33 would actually make that decision of who would represent their precincts. If there is no Precinct Chairs for those precincts then it falls to the County Chair.

Now you may ask how the position is filled until the November election. Your County Commissioners will appoint someone who meets the criteria required to be elected, and that appointee will fill the unexpired term until the November election is canvassed. An unexpired term is filled immediately, so when you have elected your new Constable, Precinct 1, that person assumes the job immediately after the canvassing is completed by the Election Administrator, Jan Barnes, and the Republican County Chair, Mary Kay Phelan. So in mid-November the newly Elected Constable assumes the position for the next two years.

Yadi Rodriguez’s position of JP, Precinct 2 is on the ballot for the November 2022 election.

The Texas Secretary of State Election Laws provides the process on how to replace the JP position. However, there is more obstacles in how this position is dealt with.

Even though Yadi Rodriguez has announced her resignation effective July 31st, she MUST complete a form to WITHDRAW from the race. She has until August 6th to complete the WITHDRAWAL. IF that is submitted then the process is very similar as mentioned above. The only changes would be the Precinct Chairs would be 21, 23, 42 and 44.

Once each party has selected their nominee, we give the application to Jan Barnes, our Election Administrator prior to August 29th, and those names will be on the ballot for the November 2022 election.

Also, in this situation the County Commissioners appoint someone who meets the criteria required to be elected, and that appointee fills the position through December 31, 2022.

Since this position is on the ballot, the elected individual would assume the position January 1, 2023.

However, if she does NOT WITHDRAW, then her name remains on the ballot as the Republican nominee. If Yadi Rodriguez was to win the election, she is not able to fill the position because she does not meet the criteria required, so it would fall to the County Commissioners to appoint someone to complete the four year term.

Now you may wonder why she would keep her name on the ballot when she knew she was leaving and had plenty of time.

Only she can truly answer this question as to her motives, but as in politics there is always a game being played.

Now in both of these races, anyone who meets the criteria for that position may run as a write-in candidate, much like our last election when Efren Muniz ran for the Sheriff position.

You would find this information on the Texas Secretary of State under ElectionsC