The Eye

But it's not certain that the election will be held May 8. Texas law gives Republican Gov. Rick Perry (whom Hutchison is challenging in a GOP primary) discretion in picking the special election date. He can schedule a special election on a date earlier than May 8 if Perry "determines that an emergency warrants holding a special election before the appropriate uniform election date."

The law doesn't specify what constitutes an emergency, though Perry conceivably could schedule an early election on the grounds that Texas should have a second duly elected senator as soon as possible.

After Hutchison resigns, Perry would appoint an interim successor who would serve through the special election. The appointee could choose to run in the special election.

Another unique aspect of the Texas special election law is that all candidates of all parties will run on a single ballot, with a majority vote needed to clinch outright victory. If no candidate wins a majority, a runoff election will be held between the top two vote-getters, regardless of party affiliation.

It's helpful to review Texas' last special Senate election in 1993, when Hutchison came to the Senate. Democratic Sen. Lloyd Bentsen vacated his seat to become President Bill Clinton's Treasury secretary, and Democratic Gov. Ann Richards on Jan. 5 said she would appoint former Rep. Bob Krueger to replace Bentsen.

Richards scheduled the special election for May 1. The race drew 24 candidates, including Hutchison and Krueger, who each won 29 percent of the vote to finish first and second respectively. (Finishing a distant third was Rep. Joe L. Barton, who is now the top-ranking Republican on the Energy and Commerce Committee).

Hutchison and Krueger advanced to a runoff election five weeks later, on June 5, that Hutchison won by a 2-1 ratio.

Texas also held a special Senate election in 1961, after Lyndon B. Johnson resigned his seat to assume the vice presidency. That contest drew 73 candidates, and Republican John Tower ran first in the initial balloting and then narrowly won the runoff election.

Here are some links to relevant sections of the Texas election code:

Chapter 204 (vacancies in U.S. Senate and U.S. House)

Chapter 203 (vacancies in legislature, though many of its provisions also apply to a special U.S. Senate election)

Chapter 41 (uniform election dates and emergency elections)

Chapter 2 (runoff elections)