Election Law Is As Clear As Kip Averitt's Intentions On Resignation, Special Election

Suspense is building over the election of State Senator Kip
Averitt after he announced he wanted to withdraw from the
primary election.

Because his name was already on the ballot, he was unable to
remove it because he reached his decision after the filing
deadline.

But in spite of his indecision, he still holds the cards due to
the specifics of the law regarding the timing of filing for a
special election to the new office by members of any party.

This has left County Repubican Chairmen in the 10-county district
in a confused state, since most of them are not attorneys and are
not sure what their role will be in selecting a new candidate or
slate of candidates to fill either the unexpired term, if the
Senator chooses to resign before January, or serves out the rest
of the term.

It is a gray area of the law and one that has left at least one
newly elected County Republican Chairman disappointed.

Said Dr. Tom Bratcher, Bosque County Republican
Chairman-elect, "I am disappointed in what happened in the
Senatorial District 22 election. I don't know if the people were
informed. I think the people were misinformed by the articles in
the Waco (Tribune-Herald) paper planted by Chris DeCluitt
(attorney and BRA Board Chairman) about Darren Yancy." Mr. Yancy
was defeated by the incumbent Senator even though he does not
choose to succeed himself in the office.

"I found him (Yancy) to be an honorable man, a Christian man with
the family values we hold so dear here in Bosque County."

Dr. Bratcher is a Ph.D., a statistics professor at Baylor University.

When read a portion of the filing regulations of the Election Code,
he said, "I don't think I understand what that means."

His tone sounded as if he was completely sincere.

If State Senator Kip Averitt chooses to resign his office, he
will be succeeded by a candidate selected in a special election.

The election will be declared by Governor Rick Perry according to
the circumstances of the announcement of his resignation.

There are laws especially enacted for the replacement of
legislators who resign before their period of office has expired.

According to the Texas Election Code, Title 12, Capter 201, *
201.023:

Resignation

If an officer submits a resignation, whether to be effective
immediately or at a future date, a vacancy occurs on the date the
resignatioin is accepted by the approrpriate authority or on the
eighth day after the date of its receipt by the authority,
whichever is earlier.

The vacancy will be filled this way:

Chapter 203, *203.002

Vacancy filled at special election an unexpired trerm in office
may be filled only by a special election in accordance with this
chapter.

Chapter 203, *203.004 Date of Election

(a) except as provided by subsection (b) a special election shall
be held on the first uniform election date occurring on or after
the 36th day after the election ordered.

(b) if the election is to be held as an emergency election it
shall be held on a Tuesday or Saturday occurring on or after the
36th day and before the 50th day after the date the election is
ordered.

There is a filing period for an application for a place on the
ballot.

§ 201.054. FILING PERIOD FOR APPLICATION FOR PLACE ON BALLOT.

(a) Except as provided by Subsection (f), a candidate's
application for a place on a special election ballot must be
filed not later than:

(1) 5 p.m. of the 67th day before election day, if election day
is on or after the 70th day after the date the election is
ordered;
(2) 5 p.m. of the 31st day before election day, if election day
is on or after the 36th day and before the 70th day after the
date the election is ordered; or
(3) 5 p.m. of a day fixed by the authority ordering the election,
which day must be not earlier than the fifth day after the date
the election is ordered and not later than the 20th day before
election day, if election day is before the 36th day after the
date the election is ordered.

(b) If a special election is to be held as an emergency election
and a law outside this code prescribes a filing deadline, that
deadline applies.
(c) The election order must state the filing deadline.
(d) An application may not be filed before the election is
ordered.
(e) An application filed by mail is considered to be filed at the
time of its receipt by the appropriate authority.
(f) For a special election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 67th day before election day.

(Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
Renumbered from V.T.C.A., Election Code § 201.055 by Acts 1991,
72nd Leg., ch. 389, § 4, eff. Sept. 1, 1991. Amended by Acts
2005, 79th Leg., ch. 1109, § 27, eff. Sept. 1, 2005.)

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