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Challenging an election
11/22/2004 3:00 PM
By: Harvey Kronberg

Last week, the November election was officially certified opening the door for losing candidates to request a recount. If history is any guide, none of the elections will be reversed.

But losing legislative candidates have one additional option if dissatisfied with the outcome. They can initiate an official challenge by filing with the secretary of state.

At that point, the speaker or lieutenant governor appoints a special master to take depositions and collect evidence demonstrating whether or not the election results were improper. A legislative committee hears the evidence and the House or Senate gets to vote up or down.

If the arguments persuade the House or Senate, the presumptive winner remains in office but a new election is ordered.

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Challenging an election

The race between incumbent Talmadge Heflin and Hubert Vo could have long-term consequences in the House.



There is already one challenge in the Senate. Write-in candidate Susan Delgado said Sen. Mario Gallegos of Houston was ineligible to run because he did not live in the district. Gallego's attorney said residency as an issue may be relevant before the vote but is not grounds for later throwing out an election.

But it is another Houston election that has the Capitol community holding its breath. The powerful House Appropriations Chairman Talmadge Heflin lost his election to Vietnamese entrepreneur Hubert Vo by 32 votes.

While a recount would be warranted, most observers are hopeful that Heflin would not take the matter to the floor of the House should the recount produce the same results.

The last session in the Texas House was as bitter and acrimonious as any in recent memory. Civility all but disappeared as Republicans asserted the prerogatives of their new majority and Democrats fought them tooth and nail.

With the thorny issue of school finance looming, just about everyone agrees kicking off the session with what could be seen as a partisan loyalty vote would set exactly the wrong tone for crisis problem solving.

And back to history again. The last time the loser challenged an election and had it overturned, they were crushed in the special election that followed.



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