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State Rep. Dan Branch, R-Dallas

So Far, Three Express Interest in AG Race If Abbott Doesn't Run

Texas Lawyer

February 02, 2009

The 2010 race for Texas attorney general is attracting interest from a growing number of candidates, who say their decision to run hinges in part on whether Republican incumbent Greg Abbott decides not to seek re-election.

But Abbott, who has served as attorney general since Dec. 2, 2002, is not ready to reveal his political plans.

Daniel Hodge, Abbott's spokesman, says the attorney general is busy working with state legislators. "He'll focus on the election when the time comes," Hodge says.

While Abbott mulls his political future, at least three potential Republican candidates — Ted Cruz, the state's former solicitor general, U.S. Rep. Michael McCaul and state Rep. Dan Branch — say they are considering running for attorney general.

Ted Cruz

Cruz is the only one of the three who has done anything official to enter the race. On Jan. 16, Cruz filed a campaign treasurer designation with the Texas Ethics Commission. Cruz, now a partner in Morgan, Lewis & Bockius in Houston and Washington, D.C., named as his campaign treasurer Houston businessman George W. Strake Jr.

Under Texas Election Code §251.001, the term "candidate" is defined as "a person who knowingly and willingly takes affirmative action for the purpose of gaining nomination or election to public office." The filing of a campaign treasurer appointment is one example of an affirmative action listed in the statute.

Tim Sorrells, deputy general counsel for the Texas Ethics Commission, says under state Election Code §253.031, a candidate may not accept a campaign contribution or make a campaign expenditure, even from the candidate's own funds, prior to designating a campaign treasurer.

Cruz, who served as solicitor general under Abbott from 2003 until May 2008, says he has launched his campaign, including naming statewide finance and leadership teams, and is ready to enter the AG's race. "If General Abbott chooses to run for higher office, I am in," he says.

Strake, who served as Texas secretary of state from 1979 to 1981 and was chairman of the Republican Party of Texas from 1983 to 1988, also serves as campaign treasurer for Cruz's special-purpose committee, Texans for Ted Cruz, according to the Ethics Commission's Web site. State Election Code §251.001 defines a specific-purpose committee as one that supports or opposes one or more candidates, "all of whom are identified and are seeking offices that are known."

Michael McCaul

McCaul, R-Austin, also is eyeing the AG's race. Mike Rosen, McCaul's spokesman, says McCaul "is considering a run for attorney general if, in fact, the seat opens up."

Now in his third term in Congress, McCaul previously was with the Texas Office of the Attorney General. He served as the state's deputy attorney general from 1998 to 2002 under then-Attorney General John Cornyn, now a U.S. senator from Texas.

Branch, R-Dallas, is another potential candidate. Now in his fourth term in the Texas House, Branch says he is taking "a very serious look" at the 2010 AG's race.

Branch, a shareholder in Winstead's Dallas office, says people around the state have encouraged him to run for AG. But Branch says he won't mount a campaign if Abbott decides to seek re-election.




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