When will we have that special election in SD06?

Sylvia Garcia would like to know.

Senate District 6 candidate Sylvia Garcia, today called on Governor Rick Perry to set an election date to fill the senate district seat as soon as possible.

“This is a simple taxation without representation issue,” Garcia said. “The working families of our district, most of whom are Latino and African American, deserve to have their voices heard in Austin without delay.”

“I have one thing to say to Governor Perry,” Garcia continued, “call this election now. The families of Senate District 6 deserve a strong voice in Austin for the legislative session that starts in January of 2013.”

According to published reports by the Houston Chronicle and Texas Tribune, Perry can set the special election for District 6 anytime between Dec 15, 2012 and February 5, 2012.

“The next legislative session begins in less than 2 months,” said City Council Member Ed Gonzalez. The legislature will be making decisions that impact our city and the citizens of Senate District 6. That is why it is so important that this election happens as soon as possible — the families of our district don’t have time to waste.”

Robert Miller helpfully laid out the timeline shortly after the regular election.

Gov. Perry must conduct the state canvas for the November 6 election no earlier than November 21 and no later than December 6. Sec. 67.012. After the canvas, Gov. Perry must call a special election within 20 days to fill the vacancy in SD 6. Texas Constitution Article III, Section 13.

Because the vacancy occurs within 60 days of the convening of the 83rd Legislature, the special election is an expedited election. Sec. 203.013. An expedited election must be held on a Tuesday or Saturday between 21 and 45 days after the date the election is ordered.


The following is my calculation of the earliest and the latest date for this decisive runoff.

Earliest scenario: If the canvas occurs November 21 and the Governor issues a writ of election the same day, the special election could be held Saturday, December 15. The local canvas could occur December 26, and the runoff election could be set for January 8.

Latest scenario: If the canvas occurs December 6, the Governor could issue the writ of election on December 26. The election could be called for February 5. If the local canvas then occurs February 15, the Governor could wait until March 6 to order a March 30 runoff election.

Summary: The SD 6 special election could occur as soon as December 15 or as late as February 5. The runoff could occur as soon as January 8 or as late as March 30.

The state canvass has not yet occurred as far as I can tell, which isn’t too surprising given that the 22nd was Thanksgiving. I have not seen any announcement about when it will occur, and with Secretary of State Hope Andrade stepping down as of Friday, my money is on a late canvass. I seriously doubt we will have this election before February 5, as Robert documents above.

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