War of words

A fight over semantics leaves special election to replace state Sen. Sylvia Garcia in limbo.

Texans may disagree on the kinds of folks they want representing their interests in Austin, but there should be no question that we’re all entitled to some kind of voice.

That’s what makes a headscratching stalemate between Democratic state Sen. Sylvia Garcia and Republican Gov. Greg Abbott so frustrating. If the political squabble isn’t resolved soon, an estimated 840,000 Texans could be left without a state senator when the Texas Legislature convenes in January.

It all started on July 23, when Garcia tweeted out a letter announcing her “intent to resign from the office of Senator for District 6, effective midnight January 2, 2019.”

Garcia, who won a March primary to replace U.S. Rep. Gene Green, D-Houston, is poised for another victory in November that would send her to Washington. She patterned her resignation letter after one submitted four years ago by former state Sen. Leticia Van de Putte, D-San Antonio, that was accepted without a hitch by then-Gov. Rick Perry.

In her letter, Garcia asked Abbott to schedule a “special election” on the same day as the general: Nov. 6. That would allow her open seat to accompany all the other races on the ballot. And it would “ensure continued representation and save Harris County hundreds of thousands of dollars,” Garcia wrote.

But so far, Abbott hasn’t set date for voters to choose Garcia’s successor. His office contends that Garcia’s letter “merely expresses your intent to resign at a later date” — and does not qualify as an actual resignation.

“The Governor stands ready to call an election to fill your seat,” says the July 31 response from the governor’s chief of staff, “but only after you submit a ‘resignation’ in accordance with the Election Code.”

The governor’s office waited the full eight days allowed by law to send that response. Since then, the two staffs have exchanged a flurry of letters, with Abbott’s office insisting that Garcia must change the wording before he can set a date for a special election, and Garcia maintaining there was nothing wrong with her original letter.

Caught in the middle are the people of District 6, who could be left without a senator to file bills and advocate on their behalf in Austin — and to fight legislation they don’t want.

The clock is ticking. If Abbott doesn’t set a date by Aug. 20, the next potential uniform election date would be in May 2019 — meaning that Garcia’s successor would likely not be seated until after the 86th legislative session ends. Abbott can call an emergency special election on an earlier date, which would allow Garcia’s replacement to be sworn in for at least part of the session. But there’s no way of knowing if he will — because his office won’t say.

Garcia’s staff told Abbott’s office that she is willing to simply remove the word “intent” from her letter and resubmit it. But her concern, she told the editorial board, is that a new letter restarts the deadline clock, giving the governor wiggle room to delay the election until May. In an Aug. 10 letter, Garcia’s chief of staff asked Abbott’s office point-blank, if the senator resubmitted her letter, “when will the Governor call an election to fill her position?”

The response, three days later from Abbott’s office: “The Governor has no authority to call a special election until Senator Garcia submits a valid and unequivocal resignation.”

So it goes. Back and forth, like bickering on the schoolyard.

The memo war needs to stop. The hundreds of thousands of people Garcia serves have a right to know when they will be voting on their next state senator.

Abbott’s stalling isn’t just unfair, it could be expensive for taxpayers forced to shoulder the expense of a separate special election. As we have written, special elections often result in low voter turnout and can carry costs of $300,000 up to $20 million. Abbott himself demanded that former Congressman Blake Farenthold cough up $84,000 to pay for a special election to fill his seat after scandal forced him to resign.

What’s different now? Why does Abbott seem to be avoiding putting Garcia’s seat on the November ballot? Is the governor, as Garcia believes, afraid that scheduling the District 6 race during the general election would increase voter turnout among Democrats? Is this just a tussle between partisans?

Enough is enough. Political games are no reason to deprive people of a state senator. The governor needs to take Garcia up on her offer to resubmit the letter, accept her resignation, and set an election date that will ensure the constituents of District 6 have the representation to which they are entitled in the next session.