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To: AuH2ORepublican

Runoffs have been required in TX special elections since 1958, after Democrat Ralph William Yarborough won the 1957 special U.S. Senate election for the seat vacated by incoming Governor and outgoing Senator Price Daniel, Sr. Yarborough won his initial election with only 38 percent of the vote without a runoff, then won regular general elections in 1958 and 1964, the latter beating the upstart George Herbert Walker Bush.


5 posted on 02/02/2005 12:06:50 PM PST by Theodore R.
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To: Theodore R.

"Runoffs have been required in TX special elections since 1958"



Are TX special elections all-party affairs? If so, it makes sense to require a run-off if no candidate gets 50%+1. But I don't see how such all-party election could withstand First Amendment scrutiny. If political parties have a First-Amendment right to have their members nominate a standard-bearer for their party, as was decided by the Supreme Court and the Ninth Circuit when they invalidated the Washington and California blanket primaries, having a special election in which several candidates from the party run and in which the top two among all the candidates go on to a run-off would not allow the members of the party to decide who the party's nominee will be (perhaps the Republican that finished in the top-two did so by getting votes from Democrats). Of course, the same holds true for the Louisiana November jungle primary (which is exactly like the TX special election), and it hasn't been found unconstitutional yet.


8 posted on 02/02/2005 12:57:54 PM PST by AuH2ORepublican (Extremism in the defense of liberty is no vice, moderation in the pursuit of justice is no virtue.)
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To: Theodore R.

You might note that runoffs are not required in special elections in Texas for National office - Congress and the US Senate. If so we would never have elected John Tower or KBH.


22 posted on 02/06/2005 11:00:11 AM PST by HoustonCurmudgeon (Redneck from a red city, in a red county, in a red state, and a former Red Leg EM.)
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