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Upon announcing that he will run as an independent candidate for the position of Frio County judge, Precinct 4 Commissioner Jose Asuncion does not have to resign his seat at the table.
According to Texas Constitution Article 16.SS65 and Article 11 Section 11, the automatic resignation provision does not apply to Asuncion.
The constitution states that if an office holder has more than one year and 30 days left in an elected term, that person must vacate the seat when running for another elected office.
According to records filed at the County Elections Office, the commissioner filed his intent to run as an independent candidate on Monday, December 6, with one year and 26 days left on his term.
Because Asuncion filed a declaration of intent to run for county judge with less than a year and 30 days remaining in his term, he will be able to finish the rest of his term as county commissioner, which ends December 31, 2022.
As an independent candidate, Asuncion will not participate in the March primaries or May runoffs, as those elections are held to choose the Democrat and Republican nominees.
Instead, Asuncion will face the winners of those primaries in the general election on November 8, 2022.
In 2018, Precinct 4 voters made history by electing Asuncion as the first independent officeholder since Frio County’s establishment 150 years ago.
Asuncion’s strategy appears to have influenced local politics, which is apparent in the upcoming election. Prior to the 2018 election, few candidates ran on any ticket other than Democrat; the upcoming election has a county record number of independent and Republican party candidates.
“During the first three years of my tenure as Frio County commissioner, the commissioners’ court successfully navigated several once-in-a-generation events,” Asuncion noted in a prepared statement. “We earned more grants, tackled more projects, and built more programs than ever expected under the historic conditions we faced.
“I am thrilled to announce my candidacy for Frio County judge, where my leadership, education, and experience can make the greatest impact for Frio residents,” he said. “I wish the best of luck to all of the Democrat and Republican nominees in next year’s primaries.”
Resign-to-run laws apply to officeholders with more than one year and 30 days left on their unexpired term who publicly announce their candidacy for “any office of profit or trust.”