Jason for Austin

News Release: LEFFINGWELL SHOULD LEAVE PLACE ONE RACE NOW IF HE PLANS TO RUN FOR MAYOR IN 2009

MEEKER: LEFFINGWELL SHOULD LEAVE PLACE ONE RACE NOW IF HE PLANS TO RUN FOR MAYOR IN 2009

Voters Must Know Costs And Consequences If Leffingwell Wins Place 1 Race, And Then Runs For Mayor

AUSTIN, Texas – March 12, 2008 – Jason Meeker is calling on Lee Leffingwell to immediately
leave the Place 1 race if Leffingwell plans to run for mayor in 2009.

“Do a Google search on the terms ‘Leffingwell considering run for mayor,’ and you’ll see reports and rumors. Voters must have an answer about his intentions now. I intend to win this election, but voters need to know the costs and consequences if Leffingwell stays in this race, beats me, and then runs for mayor,” says Meeker.

The Texas Constitution triggers an automatic resignation for officeholders who become candidates for another office if the unexpired term of the office then held exceeds one year. Thus, if Leffingwell announces a mayoral run while serving the initial year of a three-year term, he would be immediately resigned from office, leaving the Austin City Council with a vacancy.

Article XI, section 11 and article XVI, section 65 were both adopted by the voters in 1958 to ensure that officeholders would give their undivided attention to their of?ces without campaigning until their last year in of?ce.

The Texas Constitution requires a special election be held within 120 days after such a vacancy occurs, which could cost Austin taxpayers approximately $750,000 to $1,000,000. In the event of a runoff election, that figure could double.

The Texas Constitution does not allow such a vacancy to be filled by appointment.

The Meeker campaign points to legal opinions written by then-Texas Attorney General John Cornyn, which bolster its argument that voters will be ill-served if Leffingwell should win his bid for another term on Austin’s City Council, and then vacate his seat to run for mayor in 2009:
http://www.oag.state.tx.us/opinions/opinions/49cornyn/op/2000/pdf/jc0318.pdf
http://www.oag.state.tx.us/opinions/JC/JC0403.pdf

“Voters should be able to choose from candidates intending to serve a full term and not one likely to abandon the Place 1 seat in order to run for a different office weeks or months after the 2008 election,” says Meeker.

There is no shortage of news sources reporting Leffingwell as a likely candidate for mayor in 2009. According to an Austin Chronicle report on June 26, 2007, Leffingwell is quoted as saying: “I’m definitely interested and very strongly considering it…” (See http://www.austinchronicle.com/gyrobase/Blogs/News/?oid=495958)

“Leffingwell needs to state now whether or not he plans to serve a full three-year term or just a few months. Taxpayers can decide whether they want to bear the significant cost of having him on the council for only a few weeks or months before running for mayor. But given the recent discussions over single-member districts, voters are demanding more responsiveness and accountability from their elected leaders. The vacancy that would result from his decision to run for mayor could deprive the people of a functioning city council for several months,” says Meeker.