Late lawmaker's name remains on ballot

AUSTIN (KXAN) - Sen. Mario Gallegos, D-Houston, died this week after complications from a liver transplant. Now his absence on the campaign trail for the seat he hoped to recapture is important, as Election Day is just a few weeks away.

In the back of their minds during his memorial at the State Capitol Friday, lawmakers likely wondered what will happen to the vacancy. Favored to win before his death, Gallegos’ passing means Democrats will soon ask voters to vote for the late legislator.

It does not happen often where someone running dies so close to the election that their name must stay on the ballot. The last time was 1982, when state. Sen. John Wilson, D-La Grange, died a few months before the election.

Wilson he still won, with the help of fellow Democrat John Sharp,  who campaigned on his behalf and then went on to win the special election to fill the seat.

Here is how it would work this time around. Gallegos' name remains on the ballot, but he will have to beat his Republican opponent - R.W. Bray. Then his seat would be vacant, so Gov. Rick Perry would have to call a special election to fill it.

But depending on how long the governor waits to make that move, the seat could stay empty into the legislative session - possibly as late as April if a runoff is required.

Perry caught flack for just that in 2005 after a car crash killed state Rep. Joe Moreno, D-Houston. The governor delayed his decision then until after two special sessions, where his successor could have had an effect. It also left his constituents without representation in the House.

“I love this guy. We had many great and extraordinary moments together," Perry said of Gallegos on Friday.

Now, without a Democrat in Gallegos' seat, that party's strength could suffer, giving Republicans even more power to push through bills without much of a fight.

Lawmakers who came out to honor Gallegos on Friday had much praise for him.

“I was honored to take the oath of office standing next to him in 1991," said Sen. Leticia Van de Putte, D-San Antonio, "and I was honored to be at his bedside when he left.”

She also commented on the election and its potential outcome.

“I will tell you that Mario Gallegos is going to be elected overwhelmingly from his district. This is going to be the sign of love and respect for the people to go cast one last vote for Mario Gallegos," Van de Putte said.

“To be advocates for the people we represent, and that's what Mario did," said Houston Rep. Carol Alvarado, a Democrat.

“He was a fighter. He was not one who will ever be famous for passing important legislation. He was one who will be famous and already is for being in the thick of the fight, which is exactly what his constituents wanted him to do, and it's why they kept sending him back election after election for over 20 years," Democrat consultant Harold Cook said.

Given the purpose and focus at Friday's gathering, Cook summed up the day.

“Oh, there will be plenty of time to discuss politics next week," Cook said.