As early voting begins in Texas, hundreds of candidates have been ‘declared elected’

WASHINGTON — There will be plenty of candidates and issues for voters to weigh in on during the election just underway, as early voting begins across Texas on Monday, from the governor to seats on city councils and school boards to bond proposals.

But it turns out the election is already over — before a single vote was cast — for a third of the Legislature and several hundred candidates for judge, district attorney, county commissioner and justice of the peace, among other positions up for election.

Due to a new state law, Texas Secretary of State John Scott issued a letter Sept. 8 saying that officials listed in an appendix, including 10 candidates for state Senate and 58 candidates for the Texas House, “are hereby declared elected” because they do not have an opponent.

The names of the winners by fiat still appear on the ballot in their county or district, but on a list on a corner of the ballot as “declared elected.” 

The little-noticed procedure, which was an option for counties to use in 2020 on a limited basis, is now mandatory and does not apply to federal offices. The change was prescribed in a little-noticed provision of Senate Bill 1, the 2021 election law overhaul designed to streamline the ballot, which in some districts can stretch for dozens of pages. Unlike much of the new law, the provision received broad, bipartisan support.

Six mass shootings and 90 dead. What has Gov. Abbott done and has it been enough?

How did the winners find out they won? “It was an email from the secretary of state,” said state Rep. Chris Turner, D-Grand Prairie, chair of the House Democratic Caucus, who supports the change. 

“I always campaign regardless of whether I have an opponent or not,” said Turner, who also did not have a Republican challenger in 2020.

He pointed out that his supporters had the opportunity to vote for him in the primary, even though he did not have an opponent, because the new law only applies to the general election.  

Turner led Democrats in opposition to most of the voting changes in SB 1 as more than 50 House Democrats left the state in 2021 to deny Republicans a quorum in the Texas House, saying that such GOP plans as giving partisan poll watchers greater accessibility and limiting early voting hours amounted to voter suppression.  

But in this case, what appears to be an undemocratic tactic — elections without voters — nonetheless enjoyed wide support. “I agree with the goal of this change, to shorten the ballot and help voters move through it more quickly,” Turner said.  

The author of the provision, state Rep. Celia Israel, D-Austin, who is now running for mayor of Austin, said in a statement to the American-Statesman: “In a state that has now eliminated the option of straight-ticket voting, it is essential that we do what we can to run our elections smoothly and prevent long lines for voters. The effort to declare certain races with no opponent — which was done in some jurisdictions already with great success — combats ballot fatigue, decreases the time necessary in the voting booth, and reduces costs and stress on our valued election workers.” 

Austin mayor’s race: Can Israel, Virden stop Watson from reclaiming city’s top office?

The Dallas County Commissioners Court supported Israel’s measure, telling her in a letter, “It will save the county voters time at the booth and prevent long lines for voters waiting on a booth while a voter is reading races on candidates that have already won.” 

But the provision has its drawbacks, according to one election expert. 

“While it can be seen as good government because it shortens the ballot, especially in big urban areas, it can also be seen a sign of the decay of the two-party system in the state,” said James Henson, executive director of the Texas Politics Project at the University of Texas. 

“It’s one thing to shorten the ballot; it’s another thing entirely, and not a good thing, to have a third of the Legislature essentially declared elected by the unelected secretary of state because the system is so uncompetitive.” 

The procedure is used in other states — before Texas approved it, 38 states and the District of Columbia allowed unopposed candidates in some offices to be “declared elected,” according to election lawyer Noah Lindell in a 2017 article titled “One person, no votes” for the Wisconsin Law Review.  

But Texas stands out for the large number of races, especially judges, that are affected.  

Anthony Gutierrez, executive director of Common Cause Texas, a nonpartisan voting rights advocacy group, said: “It does seem a little undemocratic. The other red flag it raises for me is the number of unopposed candidates that there are.” 

Turner blames gerrymandering, the design of districts to favor candidates from one party or another, in last year’s redistricting process, for the creation of so many noncompetitive districts — even if it benefits him. “I would prefer my district be more competitive,” he said.  

The Legislature draws lines for state and federal districts every 10 years based on census data.

There are also congressional candidates without an opponent, including U.S. Reps. Roger Williams, R-Austin, and John Carter, R-Round Rock. 

But as federal candidates, they do not fall under the new law and will not be elected until voters say so on Election Day.

This article originally appeared on Austin American-Statesman: As early voting begins in Texas, hundreds of candidates have been ‘declared elected’