December 9, 2004

Democrat Strama Turns to Supporters
for Overtime Help in Face of Challenge

By Mike Hailey
Capitol Inside Editor

Democrat Mark Strama amassed more campaign cash this year than all but one Texas House candidate. Problem is, he spent it.

Now Strama is facing the unexpected hurdle of an election contest filed by his Republican opponent - State Rep. Jack Stick - and he's back on the fundraising circuit trying to fatten up a piggy bank that doesn't have enough spare change in it to cover the costs of his foe's House challenge.

"Unfortunately even frivolous election challenges require money which my campaign currently does not have," Strama said in an email to supporters late Wednesday. "That is why I am asking for your help again.

Strama uses the opportunity to remind his supporters once more how much he appreciates their efforts during what turned out to be the most expensive race for the Legislature in the state this year. But Strama makes it clear that he's not happy about having to turn to them again.

Strama finished 569 votes ahead of the first-term lawmaker in a contest that drew more than 64,000 voters to the polls. But while other Democratic candidates like Hubert Vo and Yvonne Gonzales Toureilles braced for election contests by their Republican opponents, Strama thought he was in the clear for more than three weeks when Stick didn't appear to be interested in pursuing a House challenge. But Stick served up notice on Thanksgiving weekend that he was reserving the right to appeal to the House for a final verdict, arguing that he'd been denied access to crucial information that could tell him if he had any reason to suspect that the election had been stolen.

"Instead of requesting a recount by the Travis County elections office - which is the normal starting point when one doubts the outcome of an election - Stick takes his case directly to the House of Representatives and merely asserts that the election should be reversed," Strama said in the email solicitation. "We do not believe the House will take this contest seriously. This is America - we don't allow the Legislature to substitute its will for the will of the voters."

Maybe not. But the Texas Election Code does allow a candidate who finished second in the voting to have the opportunity to try to make a case to the members of the House that an election wasn't legal and should be nullified as a result. Stick said when he filed the contest that he would considering dropping it if an analysis of the voter information showed that he'd clearly lost the race. Two weeks later, Stick appears to be moving forward with the election contest. Republican State Rep. Talmadge Heflin of Houston and GOP candidate Eric Opiela of Karnes City also appear to be moving full steam ahead toward a hearing in the House when it convenes next year.

Considering that top-notch lawyers are required for such an endeavor, the process of contesting an election outcome and defending one is an expensive proposition for both the winning and losing candidates in a race that's in dispute.

Strama reported a cash balance of $66,000 with a week to go in the campaign. With Strama and Stick engaged in a fierce television advertising battle in the final week, it's safe to assume that money's gone. But there's no way for the public to tell how much the candidates were able to replenish their campaign accounts in the final week of the race and the month after it ended because contribution reports are not required again until January.

Stick ranked third behind Strama this year in fundraising for state House races when fundraising totals were last reported in late October.