Erica Greider does not approve of Greg Abbott’s actions in CD27.
Blake Farenthold
All things considered, then, I find it hard to believe that Abbott’s decision was motivated by his altruistic concern for the Texans who live in this district.
What disturbs me, however, is that under the laws of Texas, the 27th Congressional District probably shouldn’t have a representative in Congress at all until January, when the candidate who wins the general election will be sworn into office.
I’ve always believed that the laws of Texas should not be dismissed as a technicality, or taken lightly, or suspended by the governor of Texas, whoever that might be.
Abbott has always cast himself as someone who believes in the rule of law. But in calling for this emergency special election, he has acted in a way that might — by his own account — exceed his constitutional authority.
“May I utilize my authority under section 418.016 of the Government Code to suspend relevant state election laws and order an emergency special election?” he asked Texas Attorney General Ken Paxton in a letter sent on Friday, April 19.
In Paxton’s opinion, Abbott may suspend state election laws. And in the opinion he issued on Monday, in response to the governor’s letter, he concluded that a court would likely agree.
Perhaps. But we don’t know that. And neither does Abbott, who responded to Paxton’s opinion by acting unilaterally on Tuesday.
See here for the background. I take her point, and Lord knows the rule of law could use all the support it can get these days. I just believe that the default preference in all cases should be to get these elections scheduled as soon as reasonably possible. Having this one in November is essentially pointless. Have it now, so that even a temporary representative will be able to, you know, represent the people of CD27. Remember when Rick Perry chose to keep a vacancy in HD143 through two special sessions he called? Greg Abbott and his lapdog Ken Paxton may have pushed the envelope here, but the urge to let the voters fill an empty seat is one I’ll defend.
AG opinions are not binding. Court judgments are. And we don’t have to wait for the election to be over to get the question before a judge.
To paraphrase something heard here from time to time, I Am Not An Election Lawyer. However, it’s hard to imagine that any court wouldn’t expedite this, from the trial level up through the Court of Appeals and the Texas Supremes – if you couch it as raising Texas Constitutional issues, you can even skip the CoA (be it the solidly D Corpus court or the solidly R Austin court – either would have jurisdiction, depending on where the original suit is filed).