AUSTIN, Texas _ To the extent election law prevents or delays the recovery of Texas' coastal areas in the long aftermath of Hurricane Harvey, the Texas governor can suspend that law, Texas Attorney General Ken Paxton announced on Monday.
Tying the ravages of Hurricane Harvey with the abrupt resignation of scandal-ridden U.S. Rep. Blake Farenthold, R-Corpus Christi, Gov. Greg Abbott had asked Paxton for his opinion on whether Abbott can call a special election earlier than would be allowed under Texas law.
In a letter to Paxton on Thursday, Abbott said he was concerned that state and federal law may not allow an election earlier than September.
Abbott writes in the letter that "it is imperative to restore representation" to the voters of the 27th Congressional District, which stretches from Corpus Christi to Bastrop and Caldwell counties, chiefly because they are still seeking federal relief from Hurricane Harvey damage. Abbott noted that all of the district's 13 counties are covered by his most recent disaster declaration for areas affected by Harvey.
Farenthold stepped down amid sexual harassment allegations on April 6. That was too late for Abbott to call an election to fill the remainder of Farenthold's term on May 5, the next uniform election date. He could call it for Nov. 6, on the same ballot as the election for Farenthold's successor for a full term starting in January.
"Because so many of the hurricane relief efforts depend on action at the federal level," Abbott wrote, "it is all the more important that the voters of District 27 have an effective voice in Washington, D.C., at the earliest possible opportunity. That will require me to call a special election as soon as is legally possible."
In his response on Monday, Paxton agreed.
"In managing a disaster," Paxton wrote, "you possess express authority to 'suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster.'"
He added: "To the extent that the procedures in those portions of the Election Code 'prevent, hinder, or delay necessary action' in coping with the damage caused by Hurricane Harvey, the Legislature authorized you to temporarily suspend those provisions."
"If you determine the situation in Congressional District 27 constitutes an emergency that warrants holding a special election before November 6, 2018," Paxton concluded, "a court would likely conclude that section 41.0011 authorizes calling an expedited special election to fill the vacancy in that district."
