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Replacing Rep. Luna


by: Phillip Martin, Progress Texas

Wed Jul 05, 2006 at 03:32 PM CDT


There's some confusion on how the process to replace Rep. Luna goes. I've talked to a lawyer and a close friend (who spent 30 minutes on the phone with the Secretary of State's office). Here's what will happen (and I'll quote the Election code and the Secretary of State website):

"An executive committee may make a replacement nomination following a withdrawal."§ 145.036.

There are several scenarios where they can do that, one of which is if "no political party that held primary elections has a nominee for the office sought by the withdrawing candidate as of the time of the withdrawal."§ 145.036.(b)(2)

Since Rep. Luna resigned, there's no one on the ballot at the time of the withdrawal. Therefore, "Under the circumstances described by Subsection (b)(2), the appropriate executive committee of each political party making nominations for the general election for state and county officers may make a replacement nomination for the office sought by the withdrawing candidate."§ 145.036.(c)

***4:30 UPDATE***

The R's pick someone. The D's pick someone. Sorry for the confusion -- just got off the phone from the SOS office, and got it confirmed that each party fields someone.

There's going to be a race down there -- and the D's will definitely have the advantage.

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Replacing Rep. Luna | 17 comments
Still, I read that differently (0.00 / 0)
the appropriate executive committee of each political party making nominations for the general election for state and county officers may make a replacement nomination for the office sought by the withdrawing candidate."

can be cut down to the appropriate executive committee of each political party making nominations ... may make a replacement nomination for the office sought by the withdrawing candidate."

I still read that saying that it's the duty of the executive committee (the precinct chairs of the district/county) for the party in question for the seat in question (Democrats for HD-33) to vote on a replacement nomination for that office.  At best, I see Vilma resigning (leaving no one on the ballot) giving each party's committee to have a chance to nominate their own candidates for the ballot (which is the only way the Republicans could nominate someone at this point, because there is not a single person on the ballot).

It makes little sense to be that a law would have it so that the parties have to get together to decide on a nominee (because what if it were a county where one party had more precinct chairs filled than the other, would Repulicans be able to flip the seat just because they had more voting members of thier committee?) I doubt it.

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From the SOS (0.00 / 0)
"NOTE: All political parties with ballot access are entitled to select a replacement nomination in the circumstance of a withdrawal by the only nominated candidate for the office in either party conducting a primary (see I. A. 3-5, above). Otherwise, only the party with the deceased, ineligible, or withdrawn candidate is entitled to make a replacement nomination. (Sec. 145.036(c))"

Rep. Luna was the only nominated candidate for the office in either party. If there was an R candidate, only the D's would choose. But since she's not, I think there's a table of 90 people (45 R precinct chairs, 45 D precinct chairs --- or however many there are of either) that choose someone.

If someone knows any better, legally, let me know.

Now, a very great man once said that some people rob you with a fountain pen.


[ Parent ]
Note on Precinct chairs... (0.00 / 0)
Of the 45 precinct chairs in Rep. Luna's district, only one was vacant (precinct 57) according to the Nueces County Democratic Party website. If the RPT in Nueces is anything like their website, then D's should still be able to easily nominate someone they want.

And KT -- I'm surprised you have yet to mention that this (apparent) law only solidifies why we need to strengthen our parties precinct by precinct, county by county. :)

Now, a very great man once said that some people rob you with a fountain pen.


[ Parent ]
that goes unsaid (0.00 / 0)
Or it just means that the law should be change. I remember one candidate for Party Chair advocating an update of the party ruls and statutes to untie the Party's hands... But you know, that would make sense. We don't want any of *that* in Texas.

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[ Parent ]
K (0.00 / 0)
"OK, my bad. The R's pick someone. The D's pick someone. Sorry for the confusion -- just got off the phone from the SOS office, and got it confirmed that each party fields someone.

There's going to be a race down there -- and the D's will definitely have the advantage."

Now, a very great man once said that some people rob you with a fountain pen.


[ Parent ]
Sorry Phillip, I can't resist, I love you (0.00 / 0)
Hate to Say I Told You So -The Hives


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[ Parent ]
I can't resist... (0.00 / 0)
Mentioning that if some people who *don't* have jobs would help out those people that *do* have jobs, this might have been cleared up earlier, too.

Now, a very great man once said that some people rob you with a fountain pen.

[ Parent ]
I do have a job (0.00 / 0)
It's called doing the tech work for the Travis County Coordinated Campaign. And guess what, I've been trying to work on www.truebluetravis.com today whilst all this was going on. So you can hush.

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[ Parent ]
Also (0.00 / 0)
If some people who don't have 2 finals tomorrow helped those who do, well, you know... =)

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[ Parent ]
Bah (0.00 / 0)
I forgot you started there already. In that case, I'm going to blame Canada.

/they're not a real country anyway

Now, a very great man once said that some people rob you with a fountain pen.


[ Parent ]
It's ok (0.00 / 0)
Blame Canada. They really don't mind. Really.

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[ Parent ]
Hush you two!! (0.00 / 0)
If things go any worse down here, we ALL will want to move to Canada!!! :)

[ Parent ]
So, Republicans have a say in this, huh? (0.00 / 0)
The SOS will weigh in soon on this matter. However, if true, the prospect of Solomon Ortiz Jr. winning has just shot down. The prospect of a moderate Dem just shot up.


SacreBleu speak not very good zee English but... (0.00 / 0)
..."the appropriate executive committee of each political party...may make a replacement" makes SB think zhat each political party gets to make one replacement, non?

"Secrecy and a free, democratic government don't mix."--Harry Truman

can we drop the shtik? (0.00 / 0)
zee, it'z really annoying.

Please read the Community Guidelines and How to Rate Comments.

[ Parent ]
Vous voulez dire... (0.00 / 0)
le schtick?

"Secrecy and a free, democratic government don't mix."--Harry Truman

[ Parent ]
It is... (0.00 / 0)
really annoying, but he's right (and his "idiot idiot idiot" post was just plain funny).

[ Parent ]
Replacing Rep. Luna | 17 comments
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