The Texas state Constitution clearly has a few gaping holes in it. And one of those gaping holes is that there's room for a hyperpartisan governor to deprive people of representation when there's a vacant seat in the House. Like, for example, the seat that is now open due to the death of Rep. Sylvester Turner (D-TX).
In the past, Gov. Greg Abbott (R-TX) has generally moved pretty fast when scheduling special elections, even for seats likely to be won by Democrats. For example, when Democrat Filemon Vela resigned at the end of March in 2022, Abbott scheduled the special election for June of that year. However, in 2022, there was not a House Republican majority operating with a tiny margin of error. Now, there is. And so, Abbott's election-scheduling pace has grown notably languid.
In fact, Abbott dragged his feet for long enough (Turner died on March 5) that House Minority Leader Hakeem Jeffries (D-NY) threatened legal action. The good news for Jeffries is that his threat roused the Governor from his slumber. The bad news for Jeffries is that Abbott scheduled the special election for Election Day, which is November 4. That will cause the seat to remain open for 8 months.
Democrats in Texas and in DC are not happy, of course, and may try to take the matter to court. On one hand, Texas law allows governors to wait until the next regularly scheduled election, unless they decide there is an "emergency." On the other hand, if Abbott had moved quickly enough, May 5 is primary day in Texas, and the special election could have been held then. Since he moved to fill the seat left by Vela much more quickly, it certainly makes it look like Abbott is being governed by Washington political considerations, and not so much what's best for the people of Texas (specifically, the people of TX-18).
So, the Democrats might be able to bring and win a lawsuit, and to force Abbott to adopt a different calendar. But don't bet on it, since they'd have a tough argument to make, and since the case would be heard by the conservative Fifth Circuit. Odds are, Speaker Mike Johnson (R-LA) will have his little extra bit of breathing room until November. (Z)