AP: Texas

01/03/2005

By APRIL CASTRO  / Associated Press

Three state legislative candidates who are challenging their defeats in the Nov. 2 election will get hearings this month before a special House committee charged with determining the legality of the contests.

Rep. Talmadge Heflin, Rep. Jack Stick and Eric Opiela, all Republicans, will each get a day to present evidence to the committee during hearings the week of Jan. 24, said Rep. Will Hartnett, who was appointed to oversee the evidence-gathering process. The hearings, or "mini-trials," will be conducted at the Texas Capitol and will be open to the public.

Each has been instructed to present a briefing packet with evidence supporting his allegations to the committee before the hearings.

Houston Democrat Hubert Vo beat longtime representative Heflin by 33 votes. Heflin's hearing will be Jan. 27.

As chairman of the budget-writing committee, Heflin has been one of the most powerful members of the Texas House.

Stick is contesting his loss to Austin Democrat Mark Strama by 569 votes. That hearing will be Jan. 25.

Another challenge was made by Opiela, from Karnes City. Democrat Yvonne Gonzalez-Toureilles, an Alice lawyer, defeated Opiela by 835 votes. That hearing will be Jan. 26.

Although rare, a House election challenge is not unprecedented. However, only one in the past 40 years has resulted in the House ordering a new election.

"I intend to follow the law and the facts and not be guided by party, and I expect the committee to do the same," said Hartnett, a Dallas Republican who was appointed "master of discovery" by House Speaker Tom Craddick, also a Republican.

After receiving the committee's recommendation, the full House can declare a winner in the election or declare the election void and call for a new one. The candidates who won the most votes in the challenged races will be seated when the Legislature convenes Jan. 11, but will not be allowed to vote until the contests are resolved, Hartnett said.

"It's a shame that this is hanging overhead," Strama said. "It's a disservice to the people that I was elected to represent that because of my opponent's continuing refusal to accept the will of the voters, I will be limited in my ability to legislate and to serve in the Legislature in the initial weeks."