HAS JOHNATHAN GRACIA EFFECTIVELY RESIGNED AS JP 2-2 BY SPENDING FUNDS ON A RUN FOR TEXAS STATE REP?

(a) This section applies to the following offices: District Clerks; County Clerks; County Judges; Judges of the County Courts at Law, County Criminal Courts, County Probate Courts and County Domestic Relations Courts; County Treasurers; Criminal District Attorneys; County Surveyors; County Commissioners; Justices of the Peace; Sheriffs; Assessors and Collectors of Taxes; District Attorneys; County Attorneys; Public Weighers; and Constables.

(b) If any of the officers named herein shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at any time when the unexpired term of the office then held shall exceed one year and 30 days, such announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled.

Special to El Rrun-Rrun

Local political observers have sent photos to this blog that show that Justice of the Peace 2-2 Johnathan Gracia is spending funds in his efforts to acquire the Democratic Party nomination for Texas State Representative this coming March during the party's primary.

This seems to be a violation of the law, they say, that falls under the "resign-to-run" statutes of the State of Texas. Gracia's term as JP 2-2 ends December 31, easily exceeding the one year and 30 days stated in Texas election laws.

Under the law, "such candidacy shall constitute an automatic resignation of the office then held, and the vacancy created shall be fulfilled pursuant to the law in the same manner as other vacancies for such offices are filled."

Current and former elected officials say that the fact that Gracia has reached out to social media asking to be included in their posts and the fact that he has privately assured his traditional supporters he will be running for State Rep. of District 38 currently held by the Eddie Lucio III is a clear skirting of the law and say that any potential candidates to that position could file a complaint against him with the State Ethics Commission.

"If you make any expenditures to run for another office or give away chicken plates like he is doing under the guise of his law office, he is in clear violation of the law," said one. 

"Several politicians in Cameron County have done this before, such as former county commissioner Dan Sanchez when he announced for county judge with more than a year and one day left in his term."

In fact, just yesterday (Wednesday, Nov. 10, a year one month and 20 days before his term expires), Gracia and a film crew were filming what will in all likelihood become a political ad for state rep. Gracia and the film crew crew were seen filming on 8th Street besides the popular and historic Palm Lounge. (See graphic.) 

And just recently, his law firm was handing out free chicken plates seeking political support. Chicken plates are traditionally handed out by candidates to voters at polling places. However, there is no mention of what office he is seeking, just his law firm business card.

"If you are spending funds on trying to get an office, yo have to file expenditure reports with the Texas Ethics Commission stating the position you are seeking and specifying the expenditures you are making," said a retired law maker. 

"This looks like Gracia is trying to skirt the law, and the TEC doesn't look kindly on that. Let's see if any potential candidates will file complaints against him. It sure looks like he's running for something, and combined with his reaching out to his political supporters and social media that he want's Lucio III's position just adds to the likelihood he's trying to sidestep the law."