On July 29, Texas U.S. Senator Kay Bailey Hutchison said she will resign from the Senate in October or November 2009, in order to prepare to run for Governor in 2010. She had last been elected to the Senate in 2006.
Therefore, Texas will hold a special election for U.S. Senate on May 8, 2010. No petition is needed for special elections in Texas, so anyone who pays a filing fee can be on the May 2010 ballot, with a party label. If no one gets 50%, a run-off will be held on June 2.
I think the filing fee is $5,000.
Or 5,000 signatures.
Could Ron Paul at least in theory run for senate and still run for the house if he did not win?
So… Texas requires 50% for a special election, but not for a ‘regular’ election (where only a plurality is necessary)?
Kinky Friedman [Independent Jewish Cowboy] to shake things up ???????????
I believe Paul could run for both. Didn’t LBJ do that in 1941 for a special election?
This is a “special election” not a regular election. Unless I am in gross error, Ron Paul could run in the special election, then, if he lost, run for re-nomination for his House seat again. I defer to Richard as the expert here.
Ron Paul might place 1st in the first round of balloting, but since (as I understand) if no candidate gets 50% of the votes, a “run-off” election must be held. Depending on who the 2nd runner-up is, Ron Paul probably is not popular enough throughout Texas to win in a two-person race.
But it would be interesting to see him run.
Politics1.com reports this story today, then claims that Sen Hutchison later told CQ that she “might stay in the Senate through next year’s gubernatorial race and really didn’t intend to indicate a change in her anticipated timetable.”
reference @ http://www.politics1.com/blog-0609.htm#0730
For Politics1.com story go to http://www.politics1.com and look at the Thursday News Update. The permalink I used goes to the archive of daily stories.
Thanks to Gene Berkman for the info that the special election isn’t a certainty.
Although Lyndon Johnson was able to run in the special US Senate election on June 28, 1941, while he was a sitting member of the US House, that doesn’t help Ron Paul. Ron Paul, or any other member of the US House who wants to run for re-election in 2010 and for US Senate would be running at the time of the regularly-scheduled primary in 2010. I don’t think anyone can run simultaneously both for US Senate and US House in Texas. I think the law that let Lyndon Johnson run for vice-president simultaneously with US Senate in November 1960 (and Lloyd Bentsen in 1988) only applies to situations when one of the offices is president or vice-president.
I have wondered before whether a state law against dual candidacy could apply to US House and US Senate races in light of U.S. Term Limits v. Thornton.
It seems as though prohibiting a person from running for US House because he is also running for US Senate creates a substantive qualification that does not appear in the US Constitution.
Many of the other justifications made in the U.S. Term Limits decision also apply to the dual candidacy situation.
For example, there is the desire to avoid a patchwork of state qualifications that could harm the uniformity and national character of the US Congress.
Also, there is the question of whether the state could justify such an intrusion between the people and their Congressional representatives. It seems unlikely that a state could make the usual ballot restriction arguments since some states allow dual candidacy and have no problems with it.
RON PAUL!!!!!
Doesn’t the US constitution require that the Governor of the state appoint someone to be senator when a Senate seat is vacated in that state? (Remember the whole candle with the governor of Illinois trying to take bribes in exchange for an appointment to Senate seat vacated by Obama?) Why do they have an election in Texas?
Come on Ron Paul!!!
Texas law allows the governor to appoint an interim Senator until the special election. That is how Senator Kay Bailey Hutchison first took her seat in 1993.
Ron Paul run, run Ron run, what a better avenue to press the liberty agenda!!!!!!!!!!!!!!
You Ron , run and ask fo rthe money, you will get it from all over the nation
Is it really a good idea for Ron Paul to give up all the seniority he has accumulated in the House for a Senate seat?
Seniority isn’t worth much when one is not a member of the majority party. Seniority can often cause someone to become a committee chair, but only if that someone is in the party that holds a majority. Most analysis predicts that the US House elected in 2010 will continue to have a Democratic majority.
I don’t believe he should run. He can save his time and money to run for president if he want to in 2012. Plus when he ran for president in 2008, how did he do in Texas? I know he didn’t take his home CD, and I heard the best he could do in any other CD was third.
No on Ron Paul as long as he is a Republican and/or Libertarian!
It does seem odd that you couldn’t fun for two Federal offices at the same time since states can’t regulate congressional elections. When Montana put in term limits it also included the Federal offices. That portion was struck down because the state had no authority. Most states won’t allow you to run for two different offices at once, but can the states keep you from running for two Federal offices?
Texas requires that a special election to fill a senate vacancy be held on the next uniform election date 36 days or more after the time of the vacancy. Local governments (cities, school districts, MUD’s, etc.) are generally required to hold their elections on a uniform election date. At one time there were four uniform election dates, in February, May, August, and November. The winter and summer dates have been eliminated. The May uniform election date is on the 2nd Saturday in May (May 9, 2010).
If a runoff is required, the governor will set the date of the runoff, within 20 to 45 days of the final canvass. I don’t think a statewide canvass can be completed in under 10 days, so I’m pretty sure June 2 is too early and it would put the Memorial day weekend in the middle of early voting. So figure on some time in mid-June for the runoff.
In theory, Texas has a provision for holding special elections in even numbered years with party primaries and the special election held in November. But this requires a vacancy to occur 62 days before the primary and on after January 1. The primary is the first Tuesday in March, which is March 2, 2010; which is the 61st day of the year.
The Texas governor may also set an earlier election date in case of emergency. The law does not define the nature of an “emergency” but simply requires the nature of the emergency be identified.
Texas will also hold regular primaries in 2010. The general primary is the first Tuesday in March (March 2, 2010), and the runoff primary is the second Tuesday in April (April 13, 2010). It is not legal to hold a special election on a primary election date, and is impractical since primaries are conducted by the political parties, and are not held in all counties in the State.
The special election may have an impact on the ballot qualification of political parties and independent candidates for the November 2010 election. The deadline for political party petitions is May 16, and for independent candidates is May 13, just after the special election. But early voting will occur prior to that – and it may be easier to gather signatures then since there are fewer polling locations.
The senate special will be done without nominations, with each candidate declaring their party affiliation. In 1993, there were 10 Republican, 5 Democratic, and one each Libertarian, Socialist Worker, and Prohibition party candidates, plus 6 independents.
I don’t think that party affiliation can be restricted to parties qualified for the November election. Since nomination is not permitted, how can requiring being affiliated with a party that may nominate for other elections be relevant? In addition, affiliation with a political party is limited to even-numbered years and clearly tied to the nomination process for the November general election. And if a candidate were seeking election in November 2010, he is required to be affiliated with the party when he seeks to be nominated in the Spring – even if the party is not yet qualified or does not qualify.
If someone is required to affiliate with the Green or Constitution Party by January 2010 and is not permitted to change that affiliation for the remainder of 2010, it would not be possible short of a fraudulent application when filing for the special senate election that you are not affiliated with any party.
The restriction to running for more than one office, is for offices contested on the same election day, and which a person could not hold office concurrently. There is a special exception for candidates running for President or Vice President.
So the only legal restriction would be for candidates running for various city and school boards that hold their elections in May 2010.
There may be pragmatic political reasons for not running for both statewide or other offices, and the special senate election. It would require additional campaign contributions. And voters may question the commitment of candidates running for two offices. “John Doe for either Governor or Senator” may not be an ideal bumper sticker.
This may not apply to Representatives who generally have pretty safe seats. They could be renominated in March and then run for the Senate seat, just as if the vacancy had occurred after the primary. Voters aren’t going to turn them out simply because they were politically ambitious. With two reasonably strong Democratic Senate candidates, Republicans will discourage too many candidates such that none qualified for the runoff.
The filing deadline for the special election could be before or after the primary. While the date is set by law, the timing of the declaration of the election is up to the governor, and can be as close as 36 days before the election.
The special election does not have to be held on the “uniform election date” if the governor sees fit for it to be held earlier, which Gov. Perry has indicated he does.
I think the best, and most likely candidate at least in the interim is Lt. Gov. David Dewhurst.
Take a look at Chris Nelson ( http://www.nelsonforussenate.com or http://www.facebook.com/NelsonforSenate or http://twitter.com/NelsonforSenate )
Conservative and smart candidate for US Senate.