Proclamation - November 29, 2005

Proclamation
by the
Governor of the State of Texas

TO ALL TO WHOM THESE PRESENTS SHALL COME:

WHEREAS a vacancy now exists in the membership of the Texas House of Representatives in District No. 48 which consists of part of Travis County; and

WHEREAS, on November 22, 2005, the Texas Supreme Court issued its ruling in Neeley v. West Orange-Cove Consolidated Independent School District, et al, and extended the trial court's injunction against further financing Texas public schools to June 1, 2006; and

WHEREAS, the Legislature must be called into Special Session in order to address the Court's ruling prior to June 1, 2006; and

WHEREAS, the Texas uniform election dates law is intended to serve the interests of voters by allowing consolidation of elections onto a limited number of uniform dates, but the interests of voters of District No. 48 would be better served in this unique case by permitting an earlier election on a non-uniform date in order to be fully represented in the legislative process; and

WHEREAS, Section 203.002 of the Texas Election Code requires that a special election be ordered upon such vacancy and Section 203.004 of the Texas Election Code requires that 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 before the 50th day after the date the election is ordered; and

WHEREAS, the governor of Texas is granted the discretion under Section 41.0011, Election Code, to declare an emergency warranting holding a special election before the appropriate uniform election date; and

WHEREAS, Section 3.003 of the Texas Election Code, requires the election to be ordered by proclamation of the Governor;

NOW, THEREFORE, I, RICK PERRY, Governor of Texas, under the authority vested in me by the Constitution and Statutes of the State of Texas, do hereby order an emergency special election to be held in District No. 48 on January 17, 2006, for the purpose of electing a State Representative for House District No. 48 to serve the term which began January 11, 2005.

Candidates who wish to have their names placed on the special election ballot must file their applications with the Secretary of State no later than 5:00 p.m. on Monday, December 19, 2005.

Early voting by personal appearance shall begin on Monday, January 2, 2006, in accordance with Section 85.001 of the Texas Election Code.

A copy of this order shall be mailed immediately to the County Judge of Travis County; and all appropriate writs will be issued and all proper proceedings will be followed for the purpose that said election may be held to fill the vacancy in District No. 48 and its result proclaimed in accordance with law.

IN TESTIMONY WHEREOF, I have hereunto signed my name and have officially caused the Seal of State to be affixed at my Office in the City of Austin, Texas, this the 29th day of November, 2005.

RICK PERRY(Signature)
Governor of Texas

Attested by:
Roger Williams (Signature)
Secretary of State