Rep. Tony Gonzales
The sprawling 23rd Congressional District of Texas is now without a voting representative in Washington D.C. after U.S. Rep. Tony Gonzales resigned Tuesday.
The resignation ends a sex scandal that had put the San Antonio Republican on a path toward a possible expulsion vote in the House. Gonzales had already dropped his reelection bid after acknowledging in March a relationship with a staffer that became public after her death by self-immolation last September. He has not addressed separate allegations involving texts with another aide.
His resignation became effective April 14. What happens next to fill the now-vacant seat is up to Gov. Greg Abbott.
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Under the U.S. Constitution, House vacancies must be filled by election, not appointment. Texas law says an unexpired term for a U.S. representative can be filled only by a special election. But state law gives the governor broad discretion over when to call it, and Abbott has not yet announced a date for the race.
That uncertainty matters in a closely divided House of Representatives. After the resignations of Gonzales and Democrat Eric Swalwell, Republicans hold a 217-213 edge, with one independent and four vacancies. That gives the GOP a four-seat majority over Democrats.
The Gonzales resignation came virtually simultaneously with that of Democrat Eric Swalwell, who also stepped down from Congress amid separate sexual misconduct and sexual assault allegations, which he has denied.
California Gov. Gavin Newsom moved quickly, issuing a proclamation Tuesday calling a special election on Aug. 18 to fill Swalwell’s now-vacant 14th Congressional District seat. Texas has not done the same for the 23rd.
The timing of when Abbott sets the special election matters. He could set the date as early as May 2, the next uniform election day, according to the Texas Secretary of State’s website. Or Abbott could delay the election to Nov. 3, which is the date of the midterm general election. Abbott could also declare an emergency and set another date.
The later the special election, the longer the 23rd District remains without representation in Congress, and the longer the Republican majority is without a vote from a GOP-leaning district.
However, the Democratic nominee for the 23rd district, Katy Padilla Stout, has other ideas.
“We are demanding the Governor Abbott immediately call a special election,” she told Texas Public Radio.
Padilla Stout, a former public school teacher and an attorney who represents children in foster care, has already declared her candidacy for the yet-to-be-declared special election.
She said delaying the special election would subject the 23rd Congressional district to “taxation without representation.”
The Republican nominee for the 23rd CD, Brandon Herrera, is not calling for a snap special election and has posted that it should be held in November.
There is precedent for a relatively fast election. After Republican Rep. Blake Farenthold resigned in April 2018 amid an ethics scandal, Abbott called a special election for June 30 later that month.
But Abbott has also shown a willingness to wait. After the death of U.S. Rep. Sylvester Turner in 2025, he did not schedule the Houston-area special election until November, prompting criticism from Democrats who argued he was protecting the GOP’s slim House edge by leaving the seat vacant for 11 months.
Jon Taylor, a political science professor at UT San Antonio, said Abbott is making these decisions based on partisan considerations.
“The reality was he knew that he had to help Republicans maintain their very small majority in the House, and one way to do that was have one less Democratic seat in play,” he said.
Taylor said Abbott’s decision may hinge on how much confidence there is that Herrera can win the special election, which he thinks should be high.
“I think even with all of Herrera’s political baggage, I think in what is a naturally Republican district at the moment, that he would have an advantage,” Taylor said.
Taylor is referring to Herrera’s history of making offensive comments in his YouTube videos, which use frequent profanity and comments that critics say have been antisemitic and racist. Herrera maintains the videos are entertainment and should not be taken seriously.
But Padilla Stout said if the GOP is confident in Herrera’s ability to win the district, then why not call the special election as soon as possible.
“Republicans are scared. They don’t want to have a special election. Their track record with them is not great,” she said.
See here for the background. I believe this article is incorrect about the election possibly being on May 2. Special elections to fill a vacancy in Congress are governed (Sec. 204.021) by the same laws as those for vacancies in the Lege. And as far as that goes (Sec. 203.004):
Sec. 203.004. DATE OF ELECTION. (a) Except as provided by Subsection (b), a special election shall be held on the first uniform election date occurring on or after the 36th day after the date the election is ordered.
(b) If the election is to be held as an emergency election, it shall be held on a Tuesday or Saturday occurring on or after the 36th day and on or before the 64th day after the date the election is ordered.
Rep. Gonzales officially resigned on April 14. Thirty-six days from now is well past May 2. Indeed, early voting for the May 2 election begins this coming Monday, April 20. Mail ballots have already been sent. The earliest this election could happen is almost certainly sometime in June, after the primary runoffs, more or less the same scenario as that CD27 election back in 2018.
Whether the Republicans should be confident about a CD23 special or scared to death of it is somewhat unclear. We all know what happened in SD09. Recent polling data already suggests a close race. Things haven’t gotten better for Republicans since then. On the other hand, Herrera is better known that Padilla Stout, this race won’t be sneaking up on anyone, and Herrera had raised a lot more money than Padilla Stout had as of mid-February. I’m sure she has more now – so does he – and there would be a ton of national money on that race as well. I don’t know that I’d be full-on scared to death if I were a Republican, but a healthy sense of dread and worry would be reasonable. You know Swalwell’s seat will be won by a Dem. Do you roll the dice on maybe evening it out, and take the chance on maybe making it worse, or do you leave it be and accept a smaller margin in Congress? Like I said, up to you, Greg.
Primary runoff date would, I think, qualify as a uniform election date, and on election day voting date, meets the 36 days.