There is something about running for public office. Like a game of chess, its all about trying to outsmart your competitor based on his or her moves. Since both parties are placing a priority on nominating candidates who can beat the other’s nominee, activists in each party are likely to base their decisions on what the other party seems to be doing.
In my last post, I mentioned that Sen. Kay Bailey Hutchison decided to delay her resignation from the Senate as she pursues her gubernatorial campaign against incumbent Gov Rick Perry in the Republican Primary.
When Senator Hutchison formally announced that she was a Republican candidate for Governor of Texas, she said she would resign from her Senate post in October or November. She later decided to delay her resignation until after the health care vote. For right now, all would-be candidates are forced to watch and wait.
What does this mean for Texas and why does it matter. It matters a lot. Political junkies note that her resignation would could set off a political chain reaction that could affect the Republican strong hold regarding statewide offices.
Background Information
If Hutchinson were to resign, Gov. Perry would name an interim senator and then call a special election to fill Hutchison’s term through 2012. The date Hutchinson resigns plays a factor on the date and mechanics of actually filing for office. Usually, there is a 30 day period during which a candidate must file for office in order to have their name on the ballot. For next year’s Democratic or Republican Primary ballot, a candidate must file for office between December 3, 2009 and January 4, 2010.
Since her announcement, several candidates have stated their interest for Hutchison’s seat.Democrats in the race are Houston Mayor Bill White and Former state Comptroller John Sharp.
On the Republican side, it is a different story. Lt. Gov. David Dewhurst and Railroad Commissioner Michael Williams are considered leading contenders for the appointment. However, other Republicans interested in Hutchison’s seat are former Secretary of State Roger Williams, Texas Railroad Commissioner Elizabeth Ames Jones and state Sen. Florence Shapiro.
Will She or Won’t She
Her wait and see strategy is beginning to frustrate members in her party because they are frozen in place by her non-decision. So what is her strategy?
Before Senator Hutchison officially announced her intentions to run, Texas’ junior US Senator John Cornyn made it known that she not resign her seat. As chairman of the National Republican Senatorial Committee (NRSC), the political committee dedicated to electing Republicans to the US Senate, Sen Cornyn will have his hands full next year as the NRSC will try to hold onto six seats now held by retiring Republicans.
In July, responding to Senator Hutchison announcement to step down, Sen Cornyn told POLITICO: “I’m not in a position to influence her decision as to time. All I’m in a position to do is to try to do everything that we can to hold onto that seat.”
It is not hard to see that Sen. Hutchison’s strategy is to make sure it is a win-win for her and the GOP. Current election laws in Texas allow her to do so.
In Texas, certain officials are required to resign their post before running for another office. However, Article XVI, Section 65 of the Texas Constitution does not require state and federal legislature to resign their current seat in conjunction with the filing of an application for a place on the ballot. The “resign to run” rule reads:
This section applies to the following offices: District Clerks; County Clerks; County Judges; Judges of County Courts at Law, County Criminal Courts, County Probate Courts and County Domestic Relations Courts; County Treasurers; Criminal District Attorneys; County Surveyors; Inspectors of Hides and Animals; County Commissioners; Justices of the Peace; Sheriffs; Assessors and Collectors of Taxes; District Attorneys; County Attorneys; Public Weighers; and Constables.
Earlier in the year, Attorney General Greg Abbott answered a question submitted by state Rep. Leo Berman, which he wanted to know whether a legislature is required to resign their position after announcing their candidacy for Governor. In response to Rep. Berman’s question, Attorney General Abbott ruled that a “legislator is not required to resign from office upon announcing his or her candidacy for Governor.”
Multiple provisions within the Texas Constitution restrict certain officials from running for one elected office while serving a term in another office. For example, no person holding a “lucrative office” in state or federal government or in a foreign government is eligible for the Legislature during the term for which that person is elected or appointed. Tex. Const. art. III, § 19. Similarly, certain district and county officials, upon announcing their candidacy for any other office, must resign the current office held. Tex. Const. art. XVI, § 65(b). However, we find no constitutional or statutory authority that prohibits a legislator from running for Governor while continuing to serve as a legislator.
It is important to remember that prior to being elected to the Senate, John Cornyn was the Texas Attorney General. Therefore, he is well versed in Texas’ election laws and it would not surprise me if Sen. Cornyn, as head of the NRSC, is playing an important part in Hutchison’s decision to be coy in setting a date to resign her seat.
It is amusing to see the local media around the state trying to speculate what Kay Bailey Hutchison reasoning for being so coy. There really is no reason for her to resign. If she were to lose in the Primary, its not like she will be out of office, she will still keep her Senate seat. Even if she were to win the primary, she is not obligated to resign. Article XVI, Section 65 of the Texas Constitution allows her to remain office until the Nov election. Its a win-win situation for her and the GOP.
I also said in my last post, Hutchison’s indecision could also backfire. It looks like I was correct in my assessment. The latest poll shows Perry retaking the lead. According to the inaugural University of Texas/Texas Tribune poll, Perry now has a 12 point lead over Sen. Hutchison. Unfortunately, with those numbers, there is no reason for her resign now.
There is further evidence Sen Hutchinson will not be resigning. Dan Branch and other state Republicans are now opting to seek re-election instead of seek a higher office. The plan was, Branch run for attorney general, Greg Abbott run for lieutenant governor, and Lt. Gov David Dewhurst would run in a special election to replace Hutchison.
It is obvious Sen. Hutchinson and her inner circle are withholding crucial information from members of her own party. If I am correct that Senator John Cornyn played a major role in Hutchison’s wait-and-see game. This strategy may come back and haunt them.
It is frustrating to see some Democrats spend so much of their resources on a special election that most likely will not happen. The fact is, the Democrats are sorely lacking star power. The latest polls show neither Tom Schieffer, Kinky Friedman and Tyler rancher Hank Gilbert would give either Perry and Hutchinson run for their money.
On the Democratic side, nobody had great numbers. Kinky Friedman leads the pack, with 19 percent, followed by Tom Schieffer, with 10 percent, former Travis County District Attorney Ronnie Earle, with 5 percent, Mark Thompson, with 3 percent, Felix Alvarado, with 2 percent, and Hank Gilbert, who got 0.3
I hope Mayor Bill White would reconsider running for Senate and decide to make a run for Texas Governor. Although I believe we would make a great Senator, the writing is on the wall, Sen. Kay Bailey Hutchison will not resign, making it one less seat the GOP has to worry about as they try to save as many Senate seats as possible.
In a recent interview with the Dallas Observer, Mayor White insist Senator Kay Bailey Hutchison will resign. Maybe he knows something many of us don’t know. But truthfully, I still think it is wishful thinking, I honestly don’t think she will.
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