"...On The Eighth Day, whichever is earlier..."

Senate Seat Will Likely Be Filled By Judical Decision

Not unexpectedly, Senator Kip Averitt resigned, leaving an
unexpired term on the books.

After all, he's a sick man, a diabetic with a history of
congestive heart disease. He's looking to restore himself
to a healthy lifestyle. That's all very well and terribly
convenient, depending upon which point of view one may take
in this area of controversy.

Behold.

According to the Texas Election Code, a vacancy has occurred
upon the day the resignation is announced. Effective that
day, there is no one occupying that seat.

"Title 12, Texas Election Code

"§ 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 resignation is
accepted by the appropriate authority or on the eighth day
after the date of its receipt by the authority, whichever is
earlier."

Now, what would you pay?

But, wait, there's more.

If the Legislature is not in session, then the Governor is
not required by law to declare a special election and allow
candidates to fill the unexpired term.

That handles that.

Or does it?

Shifts of lawyers at the Elections Division of the Secretary
of State's office and on the Governor's staff are working
the books to resolve those thorny questions.

The law is starkly written. Its bare bones bear none of the
assumptions one hears so frequently.

Considereth:

"Chapter 203, Texas Election Code. § 203.005. APPLICATION
REQUIRED. (a) To be entitled to a place on a special
election ballot, a candidate must make an application for a
place on the ballot. (b) An application must, in addition to
complying with Section 141.031: (1) state the political
party with which the candidate is aligned or, if the
candidate is not aligned with a party, state that fact; and
(2) be accompanied by: (A) a filing fee in the amount
prescribed by Section 172.024 for a candidate for nomination
for the same office in a general primary election; or (B) a
petition that satisfies the requirements prescribed by
Section 141.062."

The petitions require the signatures of 500 qualified
voters, according to that subsection.

And so, one wonders, at what part of the substantive statute
does one find the provision for the County Chairmen of the
political parties to cast a name in nomination for the
general election to the office of legislator, either Senator
or Representative?

It's a good question.

Would it be here?

"Chapter 201, Texas Election Code § 201.002. AUTHORITY TO
ACT ON RESIGNATION OR DECLINATION. Unless otherwise provided
by law, the authority to act on a public officer's
resignation or an officer-elect's declination is the officer
or body authorized to make an appointment or order a special
election to fill a vacancy in the office."

If so, is "the officer or body authorized to make an
appointment or order a special election" the Governor, or is
it a caucus of the County Chairmen of the Republican and
Democratic parties?

It all sounds rather imperial, taken in or out of context.

The smart money is betting that these questions will be
answered not by substantive law, but by judge made law.

The Legendary predicts a lengthy court battle over these
tangled and knotty matters, an area of controversy not to be
settled until long after election day - whatever day that
may occur, special or otherwise.