Some of the most contentious issues that have surfaced in statewide campaigns this year โ if Texas is required to disclose the locations of hazardous chemical warehouses, or if sweeping cuts lawmakers made to public education should be defended in court โ will fall to the next attorney general.
But it’s not the candidates for attorney general who’ve been debating them.
The issues have come up most visibly in the high-profile governorโs race, which pits Attorney General Greg Abbott, the Republican frontrunner, against state Sen. Wendy Davis, D-Fort Worth. In two debates, the candidates have sparred over Abbottโs ruling in May that the state may withhold information about the location of hazardous chemicals under an antiterrorism law and over his defense of the stateโs public school finance system in a case that has been appealed to the Texas Supreme Court.
Meanwhile, the two top candidates for attorney general have met in person just once, when they gave separate speeches to a sheriffโs association in July. State Sen. Ken Paxton, R-McKinney, has otherwise had few public events since winning his partyโs nomination. He entered the final month before the election with more than 12 times as much cash as his Democratic opponent, according to filings with the Texas Ethics Commission.
A spokesman for Paxtonโs campaign said in a written statement that, as attorney general, Paxton would have โa duty to defend the laws of the state,โ including its system of financing public schools. The spokesman did not say whether Paxton agreed with Abbottโs ruling that exempted information about hazardous chemicals from open records law, but he said Paxton would consider โthe arguments for and against making all information available to the public, including threats of terrorism.โ
Sam Houston, a lawyer and the Democratic candidate, said in a telephone interview that he would reverse the hazardous chemicals ruling and would seek to settle the public school finance lawsuit. He has challenged Paxton to a debate, saying the issues that have emerged in the governorโs race were โhugely important questionsโ that needed to be discussed by the stateโs next top lawyer.
Representatives for Paxtonโs campaign have ignored Houstonโs calls to debate, calling them a โdesperate ployโ from an underdog seeking publicity.
Mark P. Jones, a political scientist at Rice University, said that in a state where Democrats have not won a statewide election in two decades, Paxton has little incentive to draw attention to his campaign.
โThe less people know about the attorney generalโs race, the more likely they are to vote just based on partisanship,โ Jones said. โPaxton has certainly run a campaign that is flying under the radar.โย
Colleagues of Paxton say his ideology was already well known as solidly conservative and similar to Abbottโs.
โIf you start looking at the big things the attorney general looks at, like all the times Abbott has asserted the rights of Texas against the Obama administration, Kenโs going to be taking the same approach,โ said Kelly Shackelford, a college friend of Paxtonโs and chief executive of the Liberty Institute, a conservative Christian legal advocacy group. But he said Paxtonโs experience as a legislator could โlead him to take a different leadership style.โ
Houston said his opponent had not been open with the news media or the public since he paid a $1,000 fine for violating the Texas Securities Act by soliciting investment clients in 2012 without being registered with the State Securities Board. A representative for Paxton has called the violation an โadministrative oversightโ that has been resolved.
Houston will continue to hope for a debate, he said, because he considered it especially important in an attorney generalโs race to be transparent about policy issues.
โYou can get way off into legalese with all these things if youโre not careful, because itโs complicated,โ Houston said. โBut with all of these issues, the devilโs in the details.โ
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