Texas 22nd congressional district election, 2006
Encyclopedia
The 2006 Texas 22nd congressional district election
United States House elections, 2006
- House of Representatives prior to the election :As of November 7, 2006, the U.S. House of the 109th Congress was composed of 229 Republicans, 201 Democrats and 1 Independent . There were also four vacancies...

for the 110th Congress was held on November 7, 2006, and attracted considerable attention because this district was represented by former House Majority Leader Tom DeLay
Tom DeLay
Thomas Dale "Tom" DeLay is a former member of the United States House of Representatives, representing Texas's 22nd congressional district from 1984 until 2006. He was Republican Party House Majority Leader from 2003 to 2005, when he resigned because of criminal money laundering charges in...

, a prominent member of the Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

, who resigned after being indicted and subsequently winning the Republican primary. Because of Texas state law (and court rulings interpreting it), Republicans, in order to hold onto the seat, would have had to win a write-in campaign, something that has only been done four other times in the history of U.S. Congressional elections.

There were actually two elections held in the district on November 7: a special election to fill DeLay's vacant seat which expired in January 2007, and a general election which was for a two-year term starting in January 2007.

In the special election there were five candidates—four Republicans—Shelley Sekula-Gibbs
Shelley Sekula-Gibbs
Shelley Sekula-Gibbs is a physician and a former member of the United States House of Representatives representing from November 13, 2006, until January 3, 2007. She has also served as a City Councilwoman in Houston, Texas for three terms...

, Don Richardson, former US Representative Steve Stockman
Steve Stockman
Steve Stockman is a Republican politician who represented Texas's 9th Congressional District between 1995 and 1997.- Biography :Stockman was born in Bloomfield Hills, Michigan, near Detroit. He graduated from Dondero High School....

 and Giannibecego Hoa Tran, and one Libertarian
Libertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...

, Bob Smither
Bob Smither
Bob Smither was the Libertarian Party nominee for the 2006 special election in Texas's 22nd congressional district.-Biography:...

. The Democrats were not represented with a candidate. Sekula-Gibbs won that race with approximately 63 percent of the vote and was sworn in as a Member of Congress on November 13, 2006.

In the general election there were three main candidates. Democrat and former US Representative Nick Lampson
Nick Lampson
Nicholas Valentino 'Nick' Lampson is an American politician from the state of Texas and was a Congressman representing the 22nd Congressional District of Texas. He was defeated by Pete Olson on November 4, 2008 in his re-election bid....

, Libertarian Party candidate Bob Smither
Bob Smither
Bob Smither was the Libertarian Party nominee for the 2006 special election in Texas's 22nd congressional district.-Biography:...

, and Republican Sekula-Gibbs. Only Lampson's and Smither's names appeared on the ballot, as Shelley Sekula-Gibbs
Shelley Sekula-Gibbs
Shelley Sekula-Gibbs is a physician and a former member of the United States House of Representatives representing from November 13, 2006, until January 3, 2007. She has also served as a City Councilwoman in Houston, Texas for three terms...

 had to run as a write-in candidate
Write-in candidate
A write-in candidate is a candidate in an election whose name does not appear on the ballot, but for whom voters may vote nonetheless by writing in the person's name. Some states and local jurisdictions allow a voter to affix a sticker with a write-in candidate's name on it to the ballot in lieu...

 because DeLay had previously won the Republican primary. In this race, Lampson captured 52% of the vote, to Sekula-Gibbs' 42%, and Smither collected 6%.

Tom DeLay’s ethical problems

On September 28, 2005, DeLay was indicted on conspiracy charges by a grand jury in Travis County, Texas
Travis County, Texas
As of 2009, the U.S. census estimates there were 1,026,158 people, 320,766 households, and 183,798 families residing in the county. The population density was 821 people per square mile . There were 335,881 housing units at an average density of 340 per square mile...

. As a result, he stepped down from his post as House Majority Leader.

2006 primary

DeLay won the Republican primary on March 7, 2006, getting 62% of the vote in the four-way race. DeLay outspent his closest opponent, Tom Campbell, by a near 20-1 ratio. It was his lowest percentage of votes in a primary election and it prompted questions about whether he could win the general election.

Resignation and decision not to run for re-election

On April 3, 2006, three days after a former aide, Tony Rudy
Tony Rudy
Tony Charles Rudy , an American lobbyist and an associate of Jack Abramoff. After serving as a staffer in the office of U. S. Representative Tom DeLay from approximately 1995 to 2001, and rising to deputy chief of staff, Rudy joined "Team Abramoff" at Greenberg Traurig. Rudy was implicated in the...

, pleaded guilty to various charges of corruption relating to the Jack Abramoff
Jack Abramoff
Jack Abramoff is an American former lobbyist and businessman. Convicted in 2006 of mail fraud and conspiracy, he was at the heart of an extensive corruption investigation that led to the conviction of White House officials J. Steven Griles and David Safavian, U.S. Representative Bob Ney, and nine...

 scandal, DeLay announced that he would withdraw from the race and not run for re-election. He explained that polls showed him beating Democratic opponent Nick Lampson
Nick Lampson
Nicholas Valentino 'Nick' Lampson is an American politician from the state of Texas and was a Congressman representing the 22nd Congressional District of Texas. He was defeated by Pete Olson on November 4, 2008 in his re-election bid....

 in the general election, but that the possibility of losing the election was too risky. DeLay announced his resignation effective June 9, 2006. DeLay said that he planned to move to a condominium that he owns in Virginia near Washington, D.C. He stated that he could serve "the conservative cause" best by forming a lobbying firm that would work to support conservative issues. On May 24, 2006, DeLay's final bill, the Safe and Timely Interstate Placement of Foster Children Act of 2006, passed in the House with unanimous support. In his farewell speech on June 9 to the House, he praised political partisanship for its contributions to democracy, and made a final appeal for better treatment of foster children.

Determination of eligibility and withdrawal of name

On June 12, 2006, Tom DeLay's voice was featured in a robocall that went to 11,000 homes in Northern Virginia announcing his endorsement for Republican Primary candidate Mark Ellmore. In the robocall, he mistakenly stated he lives in California which was featured in The Hill, "Recently I reregistered to vote in Northern California. My first action was to cast my vote for Mark Ellmore in tomorrow's Republican Primary." This prompted a challenge with the City of Alexandria Voter's Registrar, stating the vote was illegal since it was speculated that DeLay was still registered in Texas.

Placing another Republican on the ballot

Texas law stipulates that after a candidate wins a primary, the party may not replace him unless he is ineligible for re-election. DeLay asserted, when he resigned, that he moved to Virginia, rendering him ineligible. The Texas Republican Party chairwoman subsequently declared that DeLay was ineligible for re-election, and set about choosing a replacement candidate. Texas Democrats, however, filed a lawsuit arguing that the Republican Party could not legally name another candidate for the 2006 election because DeLay was still eligible for election.

In July 2006, a district judge ruled that DeLay was indeed still eligible, in part finding that allowing the Texas GOP to find DeLay ineligible based on his current residency would effectively impose an unconstitutional residency requirement. On August 3, 2006 a 3-member panel of the Fifth Circuit Court of Appeals unanimously upheld the decision and affirmed the District Court's constitutional argument. On August 7, the Texas Republican Party filed an application to Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...

, who handles the Fifth Circuit, to stay the Court of Appeals ruling. Scalia denied the stay on the same day, ruling that DeLay's name must stay on the ballot pending an appeal. This effectively ended the efforts by the GOP to put a replacement name on ballot, as the Supreme Court could not hear and decide the case before the November election.

DeLay announced on August 8, 2006 that he would withdraw in order for the GOP to organize a campaign for a write-in candidate. The result is that no Republican was listed on the ballot for the two-year term that began in January 2007.

Democrat

On January 2, 2006, Lampson filed to challenge DeLay for the 2006 election, as a Democrat. Lampson represented an adjacent district (the ) until DeLay engineered the 2003 Texas redistricting
2003 Texas redistricting
The 2003 Texas redistricting refers to a controversial mid-decade congressional redistricting plan appealed to the United States Supreme Court in League of United Latin American Citizens v. Perry...

; Lampson lost his seat to Ted Poe
Ted Poe
Lloyd "Ted" Poe is a Republican politician currently representing Texas's 2nd congressional district in the United States House of Representatives. The district includes most of northern Houston, as well as most of the Beaumont-Port Arthur metropolitan area. He is the first Republican to ever...

 in 2004.

The 22nd had absorbed several parts of Lampson's former territory, including much of Galveston. DeLay, who was then the House Majority Leader had only managed a 14-point victory in 2004—far less than what is normally expected for a party leader in Congress. Many experts believed that the 22nd, long considered a rock-ribbed Republican district, had become much more competitive as a result of DeLay's attempts to make the other Houston-area districts more Republican. Most of the Democratic strength can be attributed to the portion of the district in Galveston County, home to large numbers of unionized petrochemical refinery workers.

Lampson announced on August 16, 2006 that three major police associations had endorsed him: the National Association of Police Officers, the International Union of Police Associations, and the Texas State Police Coalition.

Libertarian

On March 25, 2006, Bob Smither
Bob Smither
Bob Smither was the Libertarian Party nominee for the 2006 special election in Texas's 22nd congressional district.-Biography:...

 won the nomination of the Libertarian Party
Libertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...

 to run in the 22nd District. Smither has pledged that if elected he would vote for Republican leadership of the House.

Republican write-in

The Texas GOP, resigned to the fact that they could not get another name on the ballot, decided to go the write-in route, scheduling a meeting of precinct chairs in the 22nd district on August 17.
Before that meeting, Sugar Land mayor David Wallace
David G. Wallace
David Gordon Wallace is an American businessman, politician, and author from the state of Texas.- Personal life :David Wallace attended Union College in Schenectady, New York, and later received a scholarship at the University of Reading in England for international studies in Real Estate, Finance...

, the presumed favorite before Scalia's denial of the appeal, filed as a write-in candidate with the Texas Secretary of State, vowing to run even without the support of the GOP.

At the August 17 meeting, the precinct chairs selected Houston councilwoman
Houston City Council
The Houston City Council is a city council for the city of Houston in the U.S. state of Texas.Currently, there are fourteen members, nine elected from council districts and five at-large. The members of the Council are elected every two years, in odd-numbered years...

 Shelley Sekula-Gibbs
Shelley Sekula-Gibbs
Shelley Sekula-Gibbs is a physician and a former member of the United States House of Representatives representing from November 13, 2006, until January 3, 2007. She has also served as a City Councilwoman in Houston, Texas for three terms...

 as the Republican write-in candidate. Wallace initially indicated he would remain in the race, suggesting that the endorsement of Sekula-Gibbs was unrepresentative of the district's "grass roots". But with national Republicans insisting that the only way they would fund the race—they were pledging $3 million—was if the GOP field was limited to one write-in candidate, Wallace withdrew in late August. Part of the decision to bypass Wallace may have been based on his decision to run against the incumbent Republican mayor of Sugar Land in 2002, a race that he won.

Independent

Former US Representative Steve Stockman
Steve Stockman
Steve Stockman is a Republican politician who represented Texas's 9th Congressional District between 1995 and 1997.- Biography :Stockman was born in Bloomfield Hills, Michigan, near Detroit. He graduated from Dondero High School....

, who had previously represented the 9th district, attempted to run as an independent, but failed to gather enough signatures to make the ballot..

Fundraising and campaign expenditures

At the end of June 2006, Lampson had $2.2 million cash on hand and spent about $744,000. His campaign spokesman said Lampson should have more than $3 million in contributions and the campaign plans to use every bit of it. "It's not in our plans to have any money left over," Mike Malaise said. By contrast, Sekula-Gibbs had about $30,000 in the bank at the end of June, two months after she began raising money.http://www.opensecrets.org/races/summary.asp?ID=TX22&Cycle=2006

Texas GOP chairwoman Tina Benkiser told a group of the district's precinct chairs that the national Republican party would spend $3 million to $4 million in the race if only one Republican ran as a write-in, said Gretchen Essell, party spokeswoman. While Wallace did drop out, another Republican, Don Richardson, filed as a write-in candidate.

Eric Thode, former GOP chairman in Fort Bend County, which includes DeLay's hometown of Sugar Land, doesn't expect much outside money to be spent on the race. "Neither Republicans or Democrats are going to waste — emphasis on waste — three to four million on a nearly impossible write-in bid when you've got 20 or 30 close congressional races where the dynamics are near normal around the nation," he said.

Outlook and polls

During the fall, this election was rated as among the more competitive in the country according to the National Journal
National Journal
National Journal is a nonpartisan American weekly magazine that reports on the current political environment and emerging political and policy trends. National Journal was first published in 1969. Times Mirror owned the magazine from 1986 to 1997, when it was purchased by David G. Bradley...

. Two non-partisan political reports, the Cook Political Report
Cook Political Report
The Cook Political Report is an independent, non-partisan online newsletter that analyzes elections and campaigns for the United States House of Representatives, the United States Senate, Governor's offices and the American Presidency. The Cook Political Report is led by a staff of five...

 and Larry Sabato's
Larry Sabato
Larry Joseph Sabato is an American political scientist and analyst. He is the Robert Kent Gooch Professor of Politics at the University of Virginia, and director of its Center for Politics. He founded Sabato's Crystal Ball, an online newsletter and website that provides free political analysis and...

  Crystal Ball
Sabato's Crystal Ball
Sabato’s Crystal Ball is a free, nonpartisan weekly online newsletter and comprehensive website in the United States that analyzes the current American political scene and predicts electoral outcomes for U.S House of Representatives, U.S. Senate, governors, and U.S. president races...

, rated the race as Leans Democratic.

On August 16, 2006, the Hotline ranked Texas' 22nd Congressional District House race as 8th, from a previous ranking of 14th, in a list of the top 30 House races in the country.
In late August CQPolitics.com
Congressional Quarterly
Congressional Quarterly, Inc., or CQ, is a privately owned publishing company that produces a number of publications reporting primarily on the United States Congress...

 changed their rating of the race from "No Clear Favorite" to Leans Democratic.

On October 30, 2006, a Zogby poll showed a statistical tie. Sekula-Gibbs received 28 percent, Lampson 36 percent and Smither 4 percent, based upon 500 respondents.

Polling

Source Date Lampson (D) Sekula-Gibbs (R) Smither (L)
Houston Chronicle/KHOU October 30, 2006 36% 28% 4%
http://breakingnews.redstate.com/blogs/ericdondero/2006/oct/26/party_switchers_on_november_8 October 26, 2006 34% 11% 25%

General election results

Background

Texas Governor Rick Perry
Rick Perry
James Richard "Rick" Perry is the 47th and current Governor of Texas. A Republican, Perry was elected Lieutenant Governor of Texas in 1998 and assumed the governorship in December 2000 when then-governor George W. Bush resigned to become President of the United States. Perry was elected to full...

 announced on August 29, 2006, that a special election would take place for the unexpired term of DeLay (November-December 2006), coinciding with the general election on November 7, 2006. This meant that voters would vote twice on that date, once for the special election, once for the general election—and it also meant that Sekula-Gibbs' name would be on a ballot for November 7.

On August 29, both Sekula-Gibbs and Nick Lampson said they would file for the special election. On August 31, Lampson decided not to file. "We want to be able to say, vote once for Lampson and then you’re done," his campaign manager said. Lampson also said that his not running might eliminate the cost and confusion of a run-off, since no candidate might win the required majority in the special election. Sekula-Gibbs was asked if the special election would confuse voters. She replied, "People already know it's an unusual race." She also stated that having her name on one ballot would serve as "a memory jog."

In addition to Sekula-Gibbs, four others filed for the special election before the September 1 deadline: Republicans Sekula-Gibbs, Don Richardson, former Rep. Steve Stockman
Steve Stockman
Steve Stockman is a Republican politician who represented Texas's 9th Congressional District between 1995 and 1997.- Biography :Stockman was born in Bloomfield Hills, Michigan, near Detroit. He graduated from Dondero High School....

, and Giannibecego Hoa Tran along with Libertarian Bob Smither
Bob Smither
Bob Smither was the Libertarian Party nominee for the 2006 special election in Texas's 22nd congressional district.-Biography:...

.

Results

Official Results for the November 7 special election:
Candidate Party Votes %
Shelley Sekula-Gibbs
Shelley Sekula-Gibbs
Shelley Sekula-Gibbs is a physician and a former member of the United States House of Representatives representing from November 13, 2006, until January 3, 2007. She has also served as a City Councilwoman in Houston, Texas for three terms...

*
Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

74,135 62.50%
Bob Smither
Bob Smither
Bob Smither was the Libertarian Party nominee for the 2006 special election in Texas's 22nd congressional district.-Biography:...

Libertarian
Libertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...

22,166 18.69%
Steve Stockman
Steve Stockman
Steve Stockman is a Republican politician who represented Texas's 9th Congressional District between 1995 and 1997.- Biography :Stockman was born in Bloomfield Hills, Michigan, near Detroit. He graduated from Dondero High School....

Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

12,745 10.75%
Don Richardson Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

7,128 6.01%
Giannibicego Hoa Tran Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

2,434 2.05%


CQPolitics.com summed up the race this way:

Sekula-Gibbs was sworn in on November 13. Sekula-Gibbs’ situation is similar to one experienced by Congressman Neil Abercrombie
Neil Abercrombie
Neil Abercrombie is the 7th and current Governor of Hawaii. He was the Democratic U.S. Representative of the First Congressional District of Hawaii which comprises urban Honolulu. He served in Congress from 1986 to 1987 and from 1991 to 2010 when he resigned to successfully run for governor...

, who won a special election in September 1986, while simultaneously losing the primary election for a full term in . He, thus, was elected to a term of a few short months, though he was later elected in 1990 and held the seat for twenty years.

According to the New York Times, Sekula-Gibbs has announced her intention to resign her seat on the Houston City Council in order to serve during the lame duck session in Congress. In 2008, Sekula-Gibbs ran for the seat again, running in a crowded Republican primary field. While she received the most votes on primary day, she was defeated by a wide margin by Pete Olson
Pete Olson
Peter Graham "Pete" Olson is the U.S. Representative for , serving since 2009. He is a member of the Republican Party. The district includes much of southeastern Houston, as well as most of the city's southern suburbs such as Pearland, Sugar Land, and Pasadena.-Early life, education, and military...

, the former Chief of Staff to U.S. Senator John Cornyn
John Cornyn
John Cornyn, III is the junior United States Senator for Texas, serving since 2003. He is a member of the Republican Party. He was elected Chairman of the National Republican Senatorial Committee for the 111th U.S. Congress....

 and a veteran of the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...

. Olson went on to defeat Lampson in the general election.

See also

  • Special elections to the United States House of Representatives
    Special elections to the United States House of Representatives
    This is a list of special elections to the United States House of Representatives. Such elections are called by state governors to fill the vacancies that occur when a member of the House of Representatives dies or resigns before the biennial general election...

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