Dispute over letter delays special election
More than 850,000 people could be left without a state senator when the Legislature convenes because of a dispute between Gov. Greg Abbott and state Sen. Sylvia Garcia over the wording of her “intent to resign letter.”
More than 850,000 people in and around Houston could be left without a state senator to represent them when the Texas Legislature convenes in January because of a dispute between Gov. Greg Abbott and State Sen. Sylvia Garcia over the wording of her “intent to resign letter.”
As Abbott and Garcia staffers blame one another, there is a growing threat that people living on Houston’s East End, South Houston, part of Pasadena and all the way out to Baytown will have no representative in the state Senate when the Legislature meets on Jan. 8.
If a replacement is not in place for Senate District 6, it could leave Democrats even more shorthanded than they are now. Of the 31 Texas Senators, just 11 were Democrats in the last session. Without Garcia or her replacement, Democrats would have a 10member caucus — the smallest in Texas history.
The fight is over Garcia’s “intent to resign” from the Senate letter from late July. In it, the Democrat said she intends to resign on Jan. 2, 2019 when she will likely be heading to Washington to represent much of the same area in Congress. Garcia won a primary for the 29th Congressional District in March and is heavily favored to win the general election versus Republican Phillip Aronoff in November.
Garcia could resign now, but has said she does not want to leave the people of Senate District 6 without representation.
By submitting the intent to resign in July, Garcia told Abbott she
left him enough time to set a special election in November to coincide with the general election on Nov. 6.
In order to put an item on the Nov. 6 general election ballot, a governor must issue a proclamation 78 days before the election. That deadline passed on Aug. 20.
Abbott still had the authority to call an emergency special election at other points in September or early October but would have needed to give voters advance notice of at least 36 days.
The governor has several other options after November, and could also call for an expedited election to be in December or early January, before the session begins.
But Abbott’s office says none of those options is possible until he has an official resignation letter.
Abbott’s chief of staff, Luis Saenz, sent a letter to Garcia in late July explaining that Texas election code requires her to submit a letter of resignation, not an “intent” to resign.
“The Governor stands ready to call an election to fill your seat, but only after you submit a “resignation” in accordance with the Election Code,” Saenz wrote.
Garcia has not submitted a new letter of resignation and has shown no willingness to do so. She maintains that an “intent to resign” letter is sufficient, pointing to November 2014, when thenstate Sen. Leticia Van de Putte issued such a letter to then-Gov. Rick Perry, as she ran for mayor of San Antonio. Perry called a special election without issue.
Garcia’s attorneys, frustrated that Abbott won’t do the same, have now turned to Harris County Clerk Stan Stanart for help. They sent a letter to Stanart on Thursday demanding he call a special election despite Abbott’s refusal. In the letter to Stanart, Garcia attorney Brian Trachtenberg said Texas law states that “should the governor fail to issue a writ of election to fill such a vacancy within 20 days,” the county clerk is authorized to order the election.
Stanart could not immediately be reached for comment.
Abbott’s office responded on Thursday by saying Garcia can clear up everything if she just submits a letter that makes it clear that she is resigning, even if she wants to set a future effective date.
“The governor’s position is that ‘intent’ to resign is insufficient to constitute an official resignation,” Abbott spokeswoman Ciara Matthews said. “The governor has made clear the only thing the Senator must do to submit an effective resignation is delete the word ‘intent.’ The ball is in her court.”
Garcia could not be reached for comment. She is in Chicago for the Democratic National Committee’s summer meetings.
At least two prominent Houston Democrats have indicated they will run for Senate District 6 when an election is called. State Reps. Carol Alvarado and Ana Hernandez have said they will run. Of course, if one of them wins the seat, it would create a possible vacancy for their House seats, and prompt yet another special election dependent upon a resignation letter.