Primary voters won't head to polls till at least May 29

Bexar County Elections Administrator Jacque Callanen talks to the media following a hearing in Federal Court, Wednesday, Feb. 15, 2012, in San Antonio. A federal judge has told Republican leaders in Texas to plan as though the state's primary will be May 29 because the long-running dispute over redistricting likely won't allow for it to be held any earlier. less Bexar County Elections Administrator Jacque Callanen talks to the media following a hearing in Federal Court, Wednesday, Feb. 15, 2012, in San Antonio. A federal judge has told Republican leaders in Texas to ... more Photo: Eric Gay, AP Photo: Eric Gay, AP Image 1 of / 3 Caption Close Primary voters won't head to polls till at least May 29 1 / 3 Back to Gallery

Texas' primary elections won't take place until at least May 29 because of the continuing battle over the state's redistricting maps, a San Antonio federal court announced Wednesday.

“It appears based on all the things that are going on here that it is extremely unlikely there will be a primary in April or for that matter before May 29,” Judge Jerry Smith said. “Based on the discussion we just had with the political parties, we asked that they start working on an election schedule.”

The delegation of county election officials who came to the second day of the redistricting hearing was elated by the decision.

The group's leader, Bexar County Elections Administrator Jacque Callanen, told the court Tuesday that delays had made it impossible to hold the primary in April.

“This feels like the weight of the world has been lifted off our shoulders,” Callanen said after Smith spoke from the bench. “This is a win.”

However, Texas Republican Party officials worried that a May 29 primary would make it much more difficult to hold their state convention in early June.

“We will be looking to try to figure out a different way to pick delegates,” said Steve Munisteri, chairman of the Texas GOP. “It's going to make us a very busy party over the next couple of months.”

The announcement came after groups suing over the Texas Senate map reached a deal with Attorney General Greg Abbott that preserves the Fort Worth-based district of Democratic state Sen. Wendy Davis, returning it to the shape it had before redistricting began.

However, there were no indications during the two-day hearing in San Antonio that the groups were any closer to compromising on maps for the Texas House and congressional districts.

Lawyers spent much of the morning sparring over whether a panel of three federal judges in San Antonio, charged with drawing district maps for the 2012 election, has the authority to undo the Legislature's decision to split Austin into five congressional districts in a bid to defeat U.S. Rep. Lloyd Doggett, D-Austin.

Several groups suing the state mounted a two-pronged attack against Attorney General Greg Abbott's argument that Doggett's district shouldn't be protected, arguing the Legislature divided too many communities in an attempt to eliminate Doggett and that a federal court in Washington has signaled Doggett's district may be protected by the Voting Rights Act.

Complicating matters, the D.C. court isn't expected to release its decision until at least March.

The Republican-dominated Legislature had “ripped the heart” out of San Antonio-based congressional districts — the South Side and downtown — and put them in a district that ran all the way to Austin in a bid to get Doggett, said Luis Vera, an attorney with the League of United Latin American Citizens.

“What does the Guadalupe Art Center have to do with the north side of Austin?” he asked, adding that there's a limit to what the Republican Legislature can do.

Smith, a Reagan appointee known for his conservative views, and Travis County attorney Renea Hicks, had several terse exchanges over whether the Voting Rights Act protects Doggett's district.

“It is undisputed that (Travis County) is different than anywhere else in Texas,” Hicks said. “Why the court would allow the destruction of something we should be aiming to create” is something he said he couldn't understand.

Smith responded by asking if Hispanic voters wouldn't be better served by splitting Doggett's Austin-anchored district into a majority Hispanic district anchored in San Antonio.

nhicks@express-news.net

Follow the hearing live on Twitter: @ndhapple