Ciro Rodriguez (top photo)
Greg Jefferson (photo) interviewing Ciro as Express-News Columnist Carlos Guerra looks on
Greg Jefferson & Tracy Idell Hamilton
Express-News Staff Writers
Bexar County Commissioners on Tuesday added two days of early voting to the runoff in Congressional District 23, agreeing to calls for the move from Democrat Ciro Rodriguez's campaign and a civil rights group.
But Scott Haywood, spokesman for the Texas secretary of state's office, said the commissioners don't have that kind of power — casting doubt on whether people can vote beginning Saturday or will have to wait until Monday.
"They have no authority to move the early voting time frame," he said. Haywood didn't know whether the secretary of state's office had talked with Bexar County officials about Tuesday's vote, and he couldn't say what the next step would be.
After the unanimous vote, Commissioner Lyle Larson asked if any pre-approval from the secretary of state was required. Commissioner Paul Elizondo responded that while cutting early voting short would require such a move, extending early voting would not.
Bexar County Elections Administrator Jacque Callanen concurred with Elizondo's explanation and later expressed her support for the extension.
The commissioners' decision Tuesday would push the start of early voting in the contest between Rodriguez and Rep. Henry Bonilla, R-San Antonio, to Saturday.
Polling would run from 10 a.m. to 6 p.m. on Saturday, and noon to 6 p.m. on Sunday.
A week ago, Gov. Rick Perry set election day for Dec. 12, with early voting Dec. 4 through Dec. 8. But Rodriguez and the League of United Latin American Citizens objected to the announcement's timing, which came right before Thanksgiving. They argued that gave voters too little notice of the coming runoff.
Rodriguez and LULAC also noted that election day falls on Dia de la Virgen de Guadalupe, a major religious holiday for Mexican Catholics, potentially driving down the turnout of Hispanic voters.
Rodriguez on Tuesday welcomed the extension, saying: "For working families, the weekend is crucial. ... Hopefully, there shouldn't be any excuse for not coming out to vote."
Bonilla spokesman Phil Ricks, who learned about the vote from a reporter, noted: "We would be very much in favor of that."
But at the secretary of state's office, Haywood said state election law rules out early voting on Saturday and Sunday. A provision for special runoff elections says early voting must start 10 days before election day — unless it lands on the weekend or a state holiday. In either case, early voting starts on the next business day.
The rule governs special runoffs for state Senate and House posts, but Haywood said it also applies to congressional runoffs.
Luis Vera Jr., LULAC's national general counsel, disagreed. He said that part of the election code shouldn't apply to the race in the 23rd District. Instead, he contends a provision setting early voting 17 days before election day — the same one used in the special election to replace Republican Tom DeLay in the 22nd Congressional District — should be the one state officials rely on.
"They used that (17-day) provision because they had a (Republican) write-in candidate, because they needed more time," said Vera, a Rodriguez supporter. "They change the rules to fit their needs."
LULAC and other groups, Vera said, are still deciding whether to go to federal court to seek a temporary restraining order to stop the Dec. 12 runoff.
Meanwhile, Callanen, the elections administrator, told commissioners that Gina Castañeda of Rodriguez's campaign brought the elections office a petition with 50-plus signatures to begin voting early.
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