#TXLEGE: Is Abbott's Special Election Gambit Even Legal?!? (not that he cares)

"Because of the transgression of a land, many are its princes;
But by a man of understanding and knowledge
Right will be prolonged."
Proverbs 28:2

We said our piece about the SD-30 special election yesterday.  We'll have more to say in the coming days.  It's the most interesting thing that has happened in ages.

Before we get too far on this journey, however, Michael Quinn Sullivan raises a really good point:

So @FallonForTexas isn’t resigning from #TxLege office until Jan 2021... But @GregAbbott_TX has decided he has the power to declare a special election despite the seat not being empty. This seems to imply @GovAbbott could call a special election for any seat, at any time? Wow...

— Michael Quinn Sullivan (@MQSullivan) August 24, 2020

This a complete about-face for @GregAbbott_TX, who previously said he would not call special elections until seats were actually vacant. You know... because they aren’t vacant.

And FWIW, there is ZERO chance #TxLege SD30 would flip to the Democrats.

— Michael Quinn Sullivan (@MQSullivan) August 24, 2020

This is @GovAbbott helping #Rep. @DrewSpringer get a free pass running for SD30, since he’s on the ballot for state rep.

— Michael Quinn Sullivan (@MQSullivan) August 24, 2020

As it turns out, @GregAbbott_TX is using the CORONAVIRUS as an excuse for the rapid-fire #TxLege SD30 special election. Why? He has refused to call a special session of the Legislature, opting instead to rule as our semi-benevolent monarch unbound by law.

— Michael Quinn Sullivan (@MQSullivan) August 24, 2020

We don't know what the letter of the Texas election code says. That's a lawyer question. At a minimum, however, calling a special election for a seat that's not yet vacant seems to violate the spirit of the law.

Not that Greg Abbott cares about that.

Bottom Line: This is simply the latest in the long line of abuses and usurpations, but it's nevertheless a good question.