Posted on 10/04/2002 8:34:57 AM PDT by smokinleroy
Although the U.S. Senate approved his nomination as a federal judge this week, Republican Ron Clark said he's still concentrating on the race to keep his seat in the Texas House of Representatives.
Clark's opponent, Democrat Donnie Jarvis, said Clark should stop campaigning and focus his efforts on getting ready for the federal bench. Jarvis and his campaign staff say Clark became a judge the instant that the Senate confirmed his nomination. They contend that Clark's continuation in the race for a seat he does not intend to keep will cost tax payers additional money in the form of a special election.
To back up their point, the Jarvis campaign points to the section of the state election code that says, "if an officer accepts another office and the two offices may not lawfully be held simultaneously, a vacancy in the first office occurs on the date the person qualifies for the other office."
Jarvis and his staff contend that Clark "qualified" for the office of federal judge when the Senate confirmed his nomination.
Clark said he's not a federal judge until President George W. Bush signs his nomination certificate. Further, Clark said that he has to wrap up his law practice before he can assume the bench.
"I will, at some point, be a federal judge," Clark said. However, Clark added that he doesn't think it will happen until after the Nov. 5 election. He mentioned that he might even return to Austin to work as a representative before the confirmation process is finished.
When asked about the theory that his decision to remain in the race has more to do with party politics than local representation, Clark bristled. He said he thinks the voters deserve to be able to make a choice in the upcoming elections. He said his name was held up in the Senate Judicial Committee until it was too late for him to withdraw from the race. That hold up, Clark said, was also politically motivated.
"The fact is that I am the state representative (for District 62) and I am on the ballot," Clark said.
Ann McGeehan, director of elections with the Texas Secretary of State's Office, agreed with Clark. She said he is still the representative for District 62. She said he can continue to campaign to be re-elected to that office even though he's been confirmed for the judgeship by the Senate.
"He would not actually become a judge until he is sworn in," McGeehan said. She said it's too late for Clark's name to be removed from the ballot for the Nov. 5 election. If Clark wins that election and Bush signs his confirmation certificate, then Clark could decline his state office. At that time, McGeehan said, the governor of Texas would call for a special election to fill Clark's vacancy.
If Clark did not decline his state office and accepted his federal office, his swearing in as a federal judge would be considered his resignation as a state representative, McGeehan said. She said there are only two ways a special election for the District 62 election could be avoided. Jarvis, McGeehan said, could win the Nov. 5 election, or Clark could decline the federal judgeship.
I smell a RAT.
I wonder what they'd say if he sued to have his name removed and another well know Republican added?
What's the legal definition of "qualifies" in the State of Texas in this context?
To keep it Republican!
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