The Montgomery County County Judge was recently elected to the board of another public entity—does he still hold the office of County Judge or has a defacto resignation occurred?
January 26th, 2015 Montgomery County Commissioners Court meeting minutes and accompanying meeting audio reflect that after Commissioner Nowak declined to be considered a candidate for election to The Woodlands Road Utility District No. 1 board, upon a motion by Commissioner Meador with a second by Commissioner Riley, County Judge Craig Doyal was elected to the board of The Woodlands RUD.
Community sources tell BJP Doyal subsequently took the oath of office for the RUD board position and attended a RUD board meeting in his capacity as a board director.
What’s your reading of the Texas Constitution about holding elected office and becoming a candidate for a RUD or MUD board position?
Article 16, Section 65 (b) of the Constitution of Texas states:
“If any of the officers named herein shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at any time when the unexpired term of the office then shall exceed one year and 30 days, such an announcement or candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled.”
The “officers named herein” include the County Judge.
So did Doyal’s election to the board of The Woodlands Road Utility District constitute an automatic resignation of the County Judge office he held?
Since it was not an election in the true context of the law, but instead an appointment by the board, things get a bit murky. However a judge would probably rule that he did in fact resign whether he realized it or not.
I have been told to contact the offices of attorney general and secretary of state.