Governor Abbott Sets Emergency Special Election For Texas Senate District 30

August 23, 2020 | Austin, Texas

TO ALL TO WHOM THESE PRESENTS SHALL COME:

WHEREAS, the resignation of the Honorable Pat Fallon, and its acceptance, has caused a vacancy to exist in Texas State Senate District No. 30, which consists of Archer, Clay, Cooke, Erath, Grayson, Jack, Montague, Palo Pinto, Parker, Wichita, Wise, and Young counties and parts of Collin and Denton counties; and

WHEREAS, Article III, Section 13 of the Texas Constitution and Section 203.002 of the Texas Election Code require that a special election be ordered upon such a vacancy, and Section 3.003 of the Texas Election Code requires the special election to be ordered by proclamation of the Governor; and

WHEREAS, the vacancy occurred on August 23, 2020, and Section 203.004(a) of the Texas Election Code provides that the special election must be held on the first uniform date occurring on or after the 36th day after the date the election is ordered, unless the election is to be held as an emergency election; and

WHEREAS, pursuant to Section 41.001 of the Texas Election Code, the only uniform election date remaining in 2020 is November 3; and

WHEREAS, should a runoff be necessary for a special election held on November 3, 2020, the earliest possible date for that runoff election under the Texas Election Code would be late January 2021, which would leave the people in Texas State Senate District No. 30 without representation in the Texas Senate when the 87th Texas Legislature convenes its regular session; and

WHEREAS, it is imperative to ensure that Texas State Senate District No. 30 is fully represented and has an effective voice in the Texas Senate when the 87th Legislature convenes its regular session, particularly in light of the declared disaster that continues to exist for all counties contained within Texas State Senate District No. 30 as a result of the novel coronavirus (COVID-19); and

WHEREAS, Section 41.0011 of the Texas Election Code provides that the Governor may order an emergency special election before the appropriate uniform election date; and

WHEREAS, Section 203.004(b) of the Texas Election Code provides that an emergency special election must be held on a Tuesday or Saturday on or after the 36th day and before the 50th day after the election is ordered;

NOW, THEREFORE, I, GREG ABBOTT, Governor of Texas, under the authority vested in me by the Constitution and Statutes of the State of Texas, do hereby order an emergency special election to be held in Texas State Senate District No. 30 on Tuesday, September 29, 2020, for the purpose of electing a state senator to serve out the unexpired term of the Honorable Pat Fallon.

Candidates who wish to have their names placed on the special election ballot must file their applications with the Secretary of State no later than 5:00 p.m. on Friday, August 28, 2020.

Early voting by personal appearance shall begin on Monday, September 14, 2020, in accordance with Sections 85.001(a) and (c) of the Texas Election Code.

A copy of this order shall be mailed immediately to the County Judges of all counties contained within Texas State Senate District No. 30, and all appropriate writs shall be issued and all proper proceedings shall be followed to the end that said election may be held to fill the vacancy in Texas State Senate District No. 30 and its result proclaimed in accordance with law.

IN TESTIMONY WHEREOF, I have hereunto signed my name and have officially caused the Seal of State to be affixed at my office in the City of Austin, Texas, this the 23rd day of August, 2020.

Governor Greg Abbott

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