Wednesday, November 24, 2004

 

The sword-rattling ends, the challenge begins

Heflin announced his plans to file an election challenge this morning.

There is one other Republican who is definitely filing a challenge and one who is considering it. So, potentially a total of three Republican election challenges this year in the Lege (I expect Heflins' will be the most divisive).

From the article, the challengers are:
AUSTIN - Two Republicans defeated Nov. 2 will submit paperwork today asking the GOP-majority Texas House to throw out official vote tallies and name them winners of their respective races or force new elections, advisers predicted Tuesday.

A third defeated candidate, Republican Rep. Ken Mercer of San Antonio, will decide by today whether to join the others in contesting his 498-vote loss to Democratic challenger David Leibowitz, his campaign manager said.


Now, the San Antonio paper states that the Texas House can give the challengers the seat. They cannot. What they can do is seat the certified 'true' winner (essentially, dismiss the contestants complaint) or void the election and direct the gov to call a special election. The true winner determined by determining whose votes are illegal, bringing them in and making them swear under oath who they voted for, and subtracting the votes from the appropriate candidate's total.

The citations are basically election code sec 221.012 & 241.020

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