All 31 newly elected Texas Senators held a lottery last week to determine their electoral fate in the next two years. What? You thought they were just elected in the 2012 election cycle to a four year term?
They were—in theory.
Every state’s legislative evolution is unique. Under the U.S. Constitution and following the decennial census, every state senate district is redrawn to ensure the state’s population is distributed approximately equally between districts. In the first election following the enumeration in the census (the counting of the population), all state senate seats come up for election. What that means for 47 states is that Senators serve their designated term according to state law (which varies by state). In a minority of states (Arkansas, Illinois, and Texas), the state senate terms are staggered and so Senate procedures randomly assign term lengths after each reapportionment—the redistribution of representation in a legislative body. So after the first election cycle immediately following reapportionment, those elected in the three states use the device of random assignment to determine who serves for two years and who serves for four years after reapportionment.
How do they decide who serves what? You take your chances, that’s how.
At the beginning of the legislative session, each senator draws an envelope with a number on a slip of paper sealed inside. Odd means you serve for four years, even means you serve for two. So there were disappointed Texas Senators last week after they drew even numbers, including Wendy Davis (D-Ft. Worth) who had a hard 2012 election battle and Tea Party darling Donna Campbell (R-New Braunfels) who will face a tough challenge during a gubernatorial election year. Just unlucky I guess.
And speaking of lucky, looks like marijuana may catch a lucky break in Texas with bills that are being introduced which allow for the decriminalization of penalties for persons who are caught with marijuana. Decriminalizing does not mean that the behavior is legal, it only means that the penalties associated with the criminal activity have been dramatically reduced. One bill—originally proposed over ten years ago—limits the penalties for persons who are caught with marijuana, but who have a doctor’s recommendation that marijuana should be used for medical purposes. In essence, that creates an “affirmative defense” (meaning that you are saying “yes I engaged in illegal behavior, BUT I have a reason for why I did it.” Aother bill introduced lowers the penalties associated with recreational marijuana possession. Neither bill legalizes medical (or recreational) usage, but both would help reduce some of the law enforcement costs associated with more minor drug usage (which costs Texas about $75 million per year).
And finally it looks likes guns may get lucky too. The Campus Carry bill that failed in the last two legislative cycles looks like its prospects are much better after Sandy Hook. Lieutenant Governor David Dewhurst also proposed this week that K-12 teachers be given firearms training. Pro-gun rights groups hope this legislative session will expand gun access on college campuses and point to the shooting at Lone Star College in Houston where three people were injured as an example of why guns are necessary.
So you gotta ask yourself, “are you feeling lucky punk”?
Lone Star News Review 