Burnt Orange Report

State House Election Contests

By Byron LaMasters

With the official canvass showing Democrat Hubert Vo defeating State Rep. Talmadge Heflin by 31 votes, there's lots of speculation on Heflin's next move. I don't think anyone would question his motives if he asked for a recount -- I certainly won't. Heflin deserves the opportunity of a recount, just as Kelly White -- who lost here in Austin to Todd Baxter by under 200 votes and has requested for, and will fund a recount. If a recount gives Heflin a victory, however, I'll certainly suspect Republican shenanigans considering the actions taken by GOP officials last week. The second option is a bit more complicated. Heflin can contest the election -- which would allow the GOP controlled state house to decide the outcome. Interestingly, though, ten years ago, a Democratic controlled house seated none other than Republican Arlene Wohlgemuth over Democrat Bernard Erickson in the most recent contested election. The Waco Tribune Herald reports (Via Kuff):

Wohlgemuth did run, and won, but Erickson went down only after a ferocious fight. Following a ballot count that found just 118 votes separating the two, Erickson called for a recount. After Wohlgemuth came out ahead again, he called for an election contest, which put the case before a 9-member special state House committee in what was then a Democrat-dominated chamber.

"I think Bernard thought that if he could get it back down there in the hands of his Democratic cronies that they'd hand him the election back," Wohlgemuth said. "And it didn't work that way."

The process cost Wohlgemuth $142,000 in legal bills after she'd spent $82,000 on the election, and Erickson took depositions from more than 250 people in his attempt at re-election.

The situation also placed Wohlgemuth in an odd position of being a voting member of the Legislature without full acknowledgment of her lawmaker status. For much of the session, a paper nameplate sat where an engraved metal plate should have been during committee meetings. And "District 58" was written on her committee assignment instead of her name.

Erickson did not concede the election until March 1995, almost midway through the legislative season.

Sounds like a mess. As nice as it would have been to avoid Arlene Wohlgemuth's extreme brand of wingnuttery in the state house, I really don't wish thousands of dollars in legal bills and having to wait for months to be certain of your victory on anyone. There's just got to be a better way to do this.

Back to that decision, a reader sent me a copy of the decision by the nine-member panel written by former Democratic State Rep. Rob Junell. I've put it in the extended entry:

By Junell H.R. No. 285 74R6378 GGS-D R E S O L U T I O N 1-1 WHEREAS, Proceedings were initiated by Bernard Erickson to 1-2 contest the election of Arlene Wohlgemuth to the office of state 1-3 representative, District 58; and 1-4 WHEREAS, Pursuant to Chapter 241, Election Code, Speaker 1-5 James E. "Pete" Laney appointed a master of discovery for the 1-6 election contest on December 21, 1994, and a Select Committee on 1-7 Election Contest on December 21, 1994, to begin consideration of 1-8 the contest; and 1-9 WHEREAS, Pursuant to Chapter 241, Election Code, Speaker 1-10 James E. "Pete" Laney appointed a master of discovery and a Select 1-11 Committee on Election Contest on January 11, 1995, to continue 1-12 consideration of the contest; and 1-13 WHEREAS, On February 14, 1995, after a public hearing the 1-14 committee found by a vote of 9 to 0 that in the matter of the 1-15 election contest for District 58 the contestant did not by clear 1-16 and convincing evidence establish that the outcome of the contested 1-17 election, as shown by the final canvass, was not the true outcome 1-18 because of any ground prescribed by Chapter 221, Election Code; and 1-19 WHEREAS, On February 27, 1995, pursuant to Section 241.017, 1-20 Election Code, a written statement of withdrawal signed by the 1-21 contestant was filed with the chairman of the committee and the 1-22 speaker of the house of representatives; now, therefore, be it 1-23 RESOLVED, That the contestant's statement of withdrawal of 1-24 the election contest be read into the journal, as required by law; 2-1 and, be it further 2-2 RESOLVED, That the Select Committee on Election Contest and 2-3 the master of discovery appointed to assist the committee be 2-4 discharged and that the committee need not make further report to 2-5 this house; and, be it further 2-6 RESOLVED, That pursuant to Section 241.025, Election Code, 2-7 each party to the election contest bear the party's own costs, and 2-8 that this house bear the costs of the proceedings of the master of 2-9 discovery and the committee, and that the contestant's security for 2-10 costs be returned to the contestant; and, be it further 2-11 RESOLVED, That Arlene Wohlgemuth be continued in office as a 2-12 member of the house of representatives for District 58, 74th 2-13 Legislature.