Gov. Rick Perry, talking to reporters from The Dallas Morning News and the Fort Worth Star-Telegram, became the first candidate to say — without reservations — that he'll be on the gubernatorial ballot in 2010.

The pronouncement could dirty some diapers in the political nursery.

U.S. Sen. Kay Bailey Hutchison has professed some interest in the job, but hasn't said for certain whether she'll seek the job. And Lt. Gov. David Dewhurst includes it on his list of possibles, a list that could include a reelection bid, a bid for governor or a bid for U.S. Senate, depending on what's open when he's ready to decide his next move.

Democrats who get mentioned for the 2010 race include Houston Mayor Bill White, former Texas Tech Chancellor John Montford, and former Comptroller John Sharp.

There's plenty of time for speculation. The filing deadline is in January 2010 — more than 20 months from now.

The Austin American-Statesman caught Hutchison in Washington and put a tape of that conversation on their website.

"I am very encouraged by people asking me to come home and run for governor to provide leadership for Texas," Hutchison told that paper. "I just think it's too early to make a decision like that, because I'm working very hard for candidates this cycle and I don't want to do something that's unfair to them. So, it is a decision that I will make at the appropriate time."

Dewhurst said he'll decide later what's next in his political career. "My focus is on the 2009 legislative session and continuing to build on our successes over the past five years," he said. "Whatever I decide to do after that will be based on what's best for Texas."

Until now, Perry has been hinting at another race, saying he'll run again if he doesn't finish the things he thinks need to be completed (he's been vague about what's on that list). His comments to the Dallas paper, later confirmed by an aide, were he first time he or anyone else has flatly declared a candidacy.

Texas governors have been elected three times before, but not since terms were lengthened to four years from two. By the time those 2010 elections roll around, Perry will already be the longest-serving governor in state history (he'll pass Bill Clements' eight-year record early next year). He took office after George W. Bush was elected president and then won elections in 2002 and 2006. Another term would give him up to 14 years in the Governor's Mansion.

Yeah, but...

What does it mean that Gov. Rick Perry will seek another term?

It puts him back in charge of the conversation. Kay Bailey Hutchison has been talking to supporters and potential supporters for months about a race for governor, with the conventional assumption that it'll be an open seat in 2010.

Now that Perry's weighed in, the finance people in the GOP can't support Hutchison without first spurning Perry. Even if they're predisposed to that, it's a risky action to take against a sitting governor in your own party.

Hutchison and, to a lesser extent, Lt. Gov. David Dewhurst, have been openly eyeing the job without committing to a run. One common line of conversation in political circles was that if either of the two would simply say they were running, everyone else's hand would be forced in a political game of "Dare Ya." Hutchison talked to potential backers in 2002 and 2006 and decided not to run against Perry each time.

That speculation, moving attention from the present to the future, weakens the incumbent's hold on the office. Perry, the present and now — because of his declaration — the future, is back in control.

It dampens the speculation about who's doing what in the next election cycle. The endless games of musical political chairs hinge on an open seat somewhere near the top of the ballot. They go like this: If Perry doesn't run, this person will run for governor and then their position will open up, and then other positions will open as each officeholder sees a higher rung to grab, and so on. Hutchison and Dewhurst haven't said they're going anywhere, for sure, and Perry's staying. Where's the open seat?

It makes it more difficult for ambitious Republicans to plan their next fights. They can't talk widely about their plans without offending current officeholders. Everybody's got to wait a bit.

Democrats have been playing musical chairs, too, trying to figure out what statewide seats might be open and which incumbents might be vulnerable if they try to stay. And those who want to be governor have a new thing to ponder: Perry only got 39 percent in the last election against three challengers. Is he beatable? He'll have been governor for ten years if he runs again. Will people want more?

If he succeeded in killing lame duck speculation, Perry might have accomplished something else: Moving the 2010 election out of 2008, where the speculation has threatened to swamp a lackluster political fight card, and into 2009, where it can compete with the Legislature for attention.

ABCs, Minus One

Subtract Rep. Todd Smith from the group working to replace House Speaker Tom Craddick with another Republican.

The Euless Republican reads the primary and runoff election results to mean no other Republican will be elected in Craddick's place next year.

"It is simply a reaction to the facts on the ground," says Smith, who's been a critic of the speaker, regularly counted among the ABC — Anybody But Craddick — vote in the House. "Everybody knows I've supported candidates... his candidates won in those races and my candidates lost in those races.

"The facts changed and I am reacting to the facts... I no longer see a scenario where we get a Republican speaker who is not Craddick," Smith says.

He thinks there's a chance the Democrats will take the House in November and elect a speaker of their own; the Republicans currently outnumber Democrats by eight in the House, and five Democratic victories would change the majority.

But after congenial conversations with former Rep. Terral Smith, who's now Craddick's chief of staff, and with Craddick himself, Todd Smith is playing to get along. He says he hasn't signed a pledge to vote for another term for Craddick, that he still wants a change in the rules, and that "I'm not willing to sell my vote from my desk." But, he says, "it is better for me and for my district to try to get along, and that's what I'm doing."

Asked about the reconciliation, a spokeswoman for Craddick, Alexis DeLee, said, "The Speaker and he have had a conversation and we look forward to working with him."

Smith says no particular result changed his mind. Craddick's candidates generally did better than those of his opponents, both in March and in the April runoffs, and Smith thinks the math is clear: "It'll be Craddick, or a Democrat."

Dingus for Dingus?

If Midland City Councilman Bill Dingus is ineligible to run for the state Legislature — as a federal judge contended in a ruling this week — he could be replaced on the ballot by an eligible Democrat.

And he might be his own replacement.

Lawyers are still poring over the decision from U.S. District Judge Walter Smith of Waco. It didn't order Dingus off the ballot, but stopped just short of it: "The Court agrees that a person holding a lucrative office, such as a member of the Midland City Council, is not eligible to become a candidate for the Texas Legislature."

Dingus was relying on another judge's opinion when he signed up for the HD-82 race while remaining on the council.

Lawyers are looking for a remedy. If Dingus is illegal, as Judge Smith says, he can't cure the problem by simply resigning. Instead, Democrats would have to knock him off the ballot and then replace him with someone selected by party official from the district's five counties (Crane, Dawson, Martin, Midland, and Upton).

They're still pondering, but the leading candidate is Bill Dingus. He could, in one scenario, get knocked off the ballot, resign from the city council, and win the support of those county officials. That would take him off the council, but he'd remain on the ballot to face Republican Rep. and House Speaker Tom Craddick in November.

"If the Texas Democratic Party Chair declares me ineligible, I will resign my office on city council and will actively seek to be the replacement nominee for the office selected by the state executive committee," Dingus said in an email.

Craddick didn't directly comment. "We have no involvement in the lawsuit, and we are leaving it to the courts to decide," said Alexis DeLee, a spokeswoman for Craddick.

Asymmetric Warfare

Republican John Cornyn's got $8.7 million in his campaign accounts. That's about 25 times what Rick Noriega's got.

U.S. Sen. John Cornyn raised $2.1 million during the first three months of the year and spent $1.2 million, bringing his reelection war chest to $8.7 million. That balance would be enough, according to one consultant, to pay for about five weeks of the sort of saturation TV ads Cornyn will want at the end of the race.

His challenger, Democratic state Rep. Rick Noriega, raised $497,984 during the quarter, spent $838,690, and had $329,293 on hand at the end of March. Unlike Cornyn, he had to run a close primary during that period (Noriega barely cleared 50% to avoid a runoff), and also changed fundraisers and campaign managers during that period. With the new team on board, the campaign said fundraising has picked up.

During the election cycle so far, Cornyn has raised about $13.5 million; Noriega has raised $1.4 million — just over 10 percent of Cornyn's take.

Seeing Double

One of the double-voters in the HD-73 primary runoff/recount/court fight manages the campaign that went to court to sue for vote fraud. Doug Miller's campaign says the list of people who voted twice — a list supplied by Rep. Nathan Macias — includes several of his supporters.

By their count, that includes "a major Macias donor, a County Treasurer, two Justices of the Peace, two elected Constables, the Senior Pastor of a major church, the Director of Adult Ministries at the same church, the Youth Pastor at another church and two City Council members."

They didn't name anyone other than Randall Sabine, the campaign manager.

Lawyers for Macias aren't disputing who is and who isn't on the list, but say the list came from the Texas Secretary of State and not from their camp. "If the state has someone in the database as having run twice, we'll look at it," said Trey Trainor.

Macias has also asked for a new judge in the case. Trainor says they're allowed to object to one judge without cause; he wouldn't say what their reasoning was, and there's no ruling yet on who'll preside in that case. They'll be back in court next week.

Flotsam & Jetsam

It's a little over an hour long, but if you want to hear his fellow officeholders telling great stories about the late Bob Bullock, the University of Texas has video of a panel discussion on the former legislator, comptroller and lieutenant governor. The panel features former Lt. Govs. Bill Hobby and Ben Barnes, former House Speakers Gib Lewis and Pete Laney (and Barnes), and Dave McNeely and Jim Henderson, the authors of Bob Bullock: God Bless Texas. The moderator was the LBJ School's Paul Stekler, and there's an appearance near the end by State Auditor John Keel, a former Bullock aide who doesn't like the book and stood up to say so.

Department of Corrections, Part 1: Democrat Kalandra Wheeler of Euless somehow escaped the list of contested races we ran last week (here's a copy, corrected to include her). She's running against Rep. Todd Smith, R-Euless, in HD-92. And that means the numbers are a little different than our tally. To wit: 72 House seats are at least theoretically in play, with candidates from both major parties on the ballot. Of those, 32 are currently held by Republicans, 30 by Democrats, and the ten open seats were previously held by eight Republicans and two Democrats. Sorry, sorry, sorry.

Department of Corrections, Part 2: We pulled numbers from the wrong chart in a settlement agreement concerning the state's high-cost Universal Service Fund. That fund (used to subsidize phone service in areas where costs are higher than the prices paid by customers) is being trimmed to $236.5 million, a $144 million cut. And here's where we messed up and need to get the record straight: Under the settlement, which still needs regulatory approval, Verizon's subsidy would be cut to $69 million from $97 million. AT&T would be cut to $44 million from $160 million. Embarq and Windstream would get $37.5 million and $86 million, respectively, as against $44 million and $94 million now. Sorry, sorry, sorry.

Political People and Their Moves

Oliver Bell of Austin will chair the Texas Board of Criminal Justice; he's a human resources consultant. And Gov. Rick Perry also put J. David Nelson, a Lubbock attorney and former city council member, on that board.

The Texas Workforce Commission hired retired Marine Gunnery Sgt. Jason Doran to head a new Texas Veterans Leadership Program to assist veterans returning from Iraq and Afghanistan. That's the first program out of the chute for Tom Pauken, who was sworn in as the agency's chairman this week. It's modeled on a federal program for returning Vietnam veterans that Pauken helped start during the Reagan Administration.

Mike Rosen, who covers politics and the Capitol for KTBC-TV in Austin, is leaving that job to be press secretary to U.S. Rep. Mike McCaul, R-Austin. He'll work in the congressman's Austin office.

Mike Morrissey — head of the governor's budget office — got promoted to "senior advisor." He'll remain the Guv's go-to guy on the budget, but will also advise him on government operation, "fiscal responsibility," and transparency.

Todd Morgan is leaving Temple Inland to open his own lobby shop. He'll start with two clients: Temple Inland and its real estate spinoff, Forestar.

Perry chose four new regents for Midwestern State University in Wichita Falls: Charles Engleman, an investor and retired petroleum engineer; Fenton Givens of Plano, a consultant and investment analyst; Shawn Hessing, a Fort Worth CPA; and Jane Spears, owner of Galerie Pavilion in Wichita Falls. Givens and Hessing are alums.

The Guv named 13 people — a combination of appointments and reappointments — to the Trinity River Authority: Harold Barnard, president of Ellis County Abstract and Title Co. in Waxahachie; Herschel Brannen III, principal of Eagle Academy in Trinity; Pat Carlson, vice president of Carlson Engineering in Fort Worth; Michael Cronin of Terrell, vice chairman of American National Bank of Texas; Steve Cronin of Shepherd, director of transportation for the Coldspring Independent School District; John Jenkins, a rice farmer from Hankamer; Andrew Martinez, a former city councilman and school trustee from Huntsville; Kevin Maxwell, president of S.C. Maxwell Co. in Crockett; Shanda Perkins, vice president of First State Bank of Texas in Burleson; Manny Rachal, owner of Shrimp Boat Manny’s restaurant in Livingston; Ana Laura Saucedo, a Dallas real estate investor; Shirley Seale, a financial advisor for Edward Jones in Anahuac; and Linda Timmerman, strategic business development director for Texas Dermatology Associates in Streetman.

The Texas Board of Chiropractic Examiners has three new members, appointed by the governor: Armando Elizarde, president of Elizarde Homes in Harlingen; Janette Kurban, owner of Kurban Chiropractic Health Care Clinic in Arlington; and Cynthia Tays, owner of Austin Chiropractic Associates.

Indicted: State Rep. Borris Miles, D-Houston, on two counts related to brandishing a gun at two different parties. He was defeated in the March primaries.

Quotes of the Week

Gov. Rick Perry, asked by the Fort Worth Star-Telegram how serious he is about another term: "I'm set to go. The good Lord may call my number tomorrow and then ya'll will have to write that He fouled up Perry's plan."

Rep. Kino Flores, D-Mission, quoted in the Rio Grande Guardian talking to a business group about the next speaker of the House: "The next eight years will be a Republican guy, regardless if it is Craddick or anybody else. And in order for them to be elected they need eight to 12 Democrats. They need eight to 12. So, what’s wrong with saying 'I'll be one of those but you've got to help fund our medical school?' I'll leave you all with that thought. Adios."

Dallas County District Attorney Craig Watkins, quoted by The Dallas Morning News on the death penalty: "As a district attorney, I'm here to uphold the law and protect the society I have been elected to represent. So the question I have for myself is: 'If I don't pursue these crimes that are so heinous with ultimate punishment, am I living up to my ultimate responsibility?' But my other side of me is not only to protect society but to make society better. If I do the death penalty, am I doing that?"

Idaho Secretary of State Ben Ysursa, quoted by the Associated Press after Keith Russell Judd, serving time in a federal penitentiary in Beaumont, managed to become a presidential candidate there: "We may rethink how we get on our presidential ballot next time."

Hawaii Gov. Linda Lingle, telling the Fort Worth Star-Telegram why she doesn't want to considered as a vice presidential candidate: "I live in Hawaii."

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Texas Weekly: Volume 25, Issue 16, 21 April 2008. Ross Ramsey, Editor. Copyright 2008 by Printing Production Systems, Inc. All Rights Reserved. Reproduction in whole or in part without written permission from the publisher is prohibited. One-year online subscription: $250. For information about your subscription, call (512) 302-5703 or email biz@texasweekly.com. For news, email ramsey@texasweekly.com, or call (512) 288-6598.

Comptroller Susan Combs is putting off collection of the state's new business tax for a month, telling taxpayers they can miss the May 15 deadline by up to 30 days without a penalty.

That won her kudos from the National Federation of Independent Business, a trade group that has complained long and loud about the new tax and about the deadlines facing taxpayers.

The new margins tax was approved by the Legislature in special session two years ago, but isn't due until May 15. The forms taxpayers have to fill out for the new tax weren't ready until the end of March, though the comptroller's rules for the new levy were in place before that.

"We want to make sure businesses and tax practitioners have adequate time to make sure they're complying with the revised franchise tax," Combs said in a press release. "Because they're dealing with new calculations and enhanced technology for filing reports, the one month penalty waiver will help taxpayers accurately complete their returns in the first year of this brand new tax."

The delay shouldn't affect state revenue by much, officials say, since companies will still eventually pay what they would have had to pay in May. Lost interest will cost the state about $4 million, according to the comptroller, but her office contends the resulting accuracy will save money.

NFIB was delighted with the delay and full of praise for Combs, but they say their members are deeply unhappy with the new tax. "This new business tax is proving to be too much for many firms to calculate and — in some cases — too much to pay,"says Will Newton, who runs the national group's Texas office.

NFIB spokeswoman Laura Stromberg says the group is planning a protest on the day the new tax comes due and will be forming a coalition with others before then. "We'll be coming at the Legislature with this coalition. This isn't just about the forms — this is peoples' livelihoods," she said. "The Legislature had no idea what they were doing with this — it's pretty evident now."

And she predicted the taxpayers will get louder as they file and pay the new tax: "It's kind of like a hurricane. We can't tell you what the damage is until it hits."

Former Texas Railroad Commissioner and three-term state Rep. Lena Guerrero, D-Austin, died after a long fight with cancer. She was 50. Guerrero, a close ally of former Gov. Ann Richards and former House Speaker Pete Laney, turned to lobbying after she left office. Guerrero, the highest-ranking Hispanic woman in Texas, lost to Republican Barry Williamson after voters found she'd claimed a college degree she hadn't earned. She fought brain cancer for more than eight years, worked while she was under treatment, and even endorsed an old colleague — Democrat-turned-Republican Rick Perry — in his reelection bid last year. He ordered state agencies to fly their flags at half-mast in her memory. There's a spot for Guerrero in the Texas State Cemetery; she'll be buried there on Saturday, after a mass in Austin.

This agenda for an "Open Forum for Election Discussion" is posted on the website of the City of Rhome, northwest of Fort Worth. Meeting of members of the Rhome City Council in Open Forum for Election Discussion Saturday, April 26, 2008, City Annex Building, 261 School Road at 3:00 p.m. 1. Questions and answers for candidates on their intentions if they win the election. 2. Discussion on violating the Open Meeting Act by City Council members 3. Discussion on the process of firing the former Police Chief K. C. Schoenthal. 4. Citizen petition to keep former Police Chief K. C. Schoenthal. 5. The process of hiring Rick Roebuck. 6. Discussion on investigation on the former Police Chief Rick Roebuck and his subsequent resignation. 7. Completion of former Police Chief Rick Roebuck’s F-5. 8. Discussion of firing Kelli Baker. 9. Discussion of hiring Judy Palmore causing nepotism. 10. City Council members reporting to the Wise County Messenger. 11. Seizure of citizen’s property by city council. 12. Taxation of specific Rhome citizens at a higher rate. 13. Possible termination of Ramah Burns and violation of her rights. 14. Contract violations of Jena Hawkins and violation of her rights. 15. Beautification committee. 16. Time dedication of mayor. 17. Personal attacks on Former Chief Roebuck. 18. Parks 19. Curb & Gutter for Main Street 20. Riding of unlicensed vehicles on city streets. 21. Status of Death Threats made against council member Davis. 22. Public Input available on all of the above. Certification: I do hereby certify that the above agenda was posted on the designated bulletin board by 2:55 p.m. on the 23rd day of April, 2008. _________________________ City Secretary

There's no such thing as a self-appointed U.S. Senator (from Texas, anyhow), and federal campaign finance laws don't apply to state candidates, most of the time.

Those are the short answers to two recurring questions about this political dance featuring Gov. Rick Perry and U.S. Sen. Kay Bailey Hutchison: What's the deal with her replacement if she quits the Senate to run, or if she quits the Senate to become governor after winning election? And what's the McCain-Feingold campaign finance law do to her fundraising ability in a state race?

We'll take them in order. A Texas governor can't appoint himself or herself to the U.S. Senate if an opening occurs. And who would do the appointing depends on who's in the governor's chair when a vacancy occurs.

Say, for fantasy's sake, that Hutchison quit early to run for governor. Perry, the sitting governor, would appoint someone to hold the seat until a special election could be held. That's how Hutchison got elected in 1993: Gov. Ann Richards appointed Bob Krueger. Two dozen candidates ran in a special May 1 election and Hutchison beat Krueger 2-to-1 in the runoff that followed.

The political path joining the Texas seats in the U.S. Senate and the Governor's Mansion is surprisingly well worn, or was, until about 50 years ago.

James Pinkney Henderson served two years in the U.S. Senate, but that term began in 1857 — ten years after he'd been governor. Sam Houston gave up his Senate post in 1859 to become governor. Richard Coke gave up the Governor's Mansion after winning election to the U.S. Senate in 1876. Charles Culberson was governor for two terms before running for the Senate, where he served 24 years starting in 1899. Price Daniel was a U.S. senator who ran for and won the governor's office in 1956. The appointee named in his stead in 1957, William Blakley, lost to fellow Democrat Ralph Yarborough after less than three months in office. Blakeley was appointed again in 1961, when Lyndon Johnson became vice president; he lost after five months that time, to Republican John Tower.

The closest a governor came to appointing himself followed the death of U.S. Sen. Morris Sheppard in 1941. Gov. Pappy Lee O'Daniel appointed Andrew Jackson Houston — the 86-year-old son of Sam Houston — to the post. When Houston died in office two months later, having attended just one committee meeting, O'Daniel ran for the seat, won it, and stayed in the Senate for eight years.

Say Hutchison kept the Senate spot while running for governor and won. She wouldn't have to resign until she took the oath, possibly cutting Perry out of the appointment of her successor. Again, there'd be a special election to fill the seat after the appointee had held it for a few months.

The second question, about campaign finance, has a quick answer and a slow one. Quick: If she decides to run or even explore a run, Hutchison can raise money for a state race for governor while she's still in federal office without regard to federal campaign finance limits. The state limits — in Texas, there's no limit at all — apply.

But according to the Federal Election Commission, there's some fine print on the side of the can: The state account can only be used for her own campaign and can only be spent on things that refer to her or other candidates in the same race. That means none of it could be donated, while she's in federal office, to something like a coordinated Republican campaign for all state officeholders.

All of the money in her federal campaign account could be transferred to her state account; money that goes the other way is subject to federal limits on contributions for individuals and PACs.

One other thing: Hutchison isn't included in the list of state officeholders who can't raise political money during a legislative session. Whether she's still in office or not, she'd be allowed to raise money while the other officeholders interested in being governor in 2011 — maybe Perry, maybe Lt. Gov. David Dewhurst, to name two — were frozen out. They'd have time to catch up, but a head start's a head start.

Property tax caps will be back next session. Surprised?

House Speaker Tom Craddick named a group of lawmakers to the Select Committee on Property Tax Relief and Appraisal Reform, chaired by Rep. John Otto, R-Dayton. He'll be joined by Reps. Ken Paxton, R-McKinney, Drew Darby, R-San Angelo, Gary Elkins, R-Houston, Ismael "Kino" Flores, D-Palmview, Dan Flynn, R-Van, Dan Gattis, R-Georgetown, Joe Heflin, D-Crosbyton, Phil King, R-Weatherford, Tracy King, D-Batesville, Ruth Jones McClendon, D-San Antonio, Inocente "Chente" Quintanilla, D-Tornillo, and Larry Taylor, R-Friendswood.

They'll concentrate on some ideas that fell short last time the Legislature met, including revised caps on increases in appraised values. Dallas lawyer Tom Pauken (now the chairman of the Texas Workforce Commission) headed Gov. Rick Perry's effort to limit property tax increases last year; he lauded the effort and said it should be easier next time. The leader of the opposition, Rep. Fred Hill, R-Dallas, isn't coming back. And the Senate, he says, is open to caps this time.

• TexBlog PAC, a coalition of bloggers raising money for Democrats, is giving $5,000 to Democratic House candidate Diana Maldonado of Round Rock in HD-52. They say they'll be raising more money and naming five more "major" endorsees. They aim to win enough races to gain a Democratic majority in the House (it's currently 79-71 in the GOP's favor; five Democratic wins would flip it).

Bill Dingus, the Democrat hoping to challenge House Speaker Tom Craddick in November, quit the Midland City Council to make a run for statehouse possible.Dingus isn't eligible to run for the state job while he's on the city council. A federal judge stated that in a ruling last week without actually ordering Dingus off the ballot. Dingus blamed the state GOP for forcing him to give up the city job, by forcing the Democrats into court to test his eligibility. His lawyer, Renee Hicks of Austin, says the resignation should cure the problem. He's reading state law to say the problem is that the terms of the offices would overlap; by resigning, Dingus puts that to rest. Other lawyers have told us that's only the first step, that Dingus has to get off the council and off the ballot, then winning approval from party officials in the House district's five counties. They're charged with naming his replacement once he's off the ticket, and there's apparently no law against replacing him with his own self. Hicks says "there's a very good chance this will end up in court." And he's hoping that's relatively quick, so that Dingus and the Democrats can get on the ballot "and the voters will be able to have a real choice on Election Day." He wrote an open letter to the citizens of Midland blaming the Republican Party for challenging his eligibility. He ended it like this: "I thank you, good citizens of Midland, for the honor of serving as your City Councilman. God willing, I will serve you again."

The outcome of the HD-73 election won't be certain until the middle of May at the earliest.

State District Judge James Clawson set a May 19 trial date. The candidates have to file briefs by May 5 and come to a preliminary hearing on May 14.

Rep. Nathan Macias, R-Bulverde, lost the election to GOP challenger Doug Miller by a handful of votes — 17 — but contends that a number of voters cast more than one ballot and that that group of double-voters was big enough to flip the election result.

His lawyers asked Clawson to remove himself from the case without saying why; he declined to do that.

Trey Trainor, a lawyer for Macias, said they were "extremely pleased" with the trial date. He didn't know whether they would appeal the judge's decision to remain in charge. Craig Murphy, a spokesman for Miller, said, "we couldn't be happier."

You'll hear Lt. Gov. David Dewhurst mentioned if you start a conversation about the next governor's race, but the stars are aligning to send him to Washington, if he's interested.

Nobody wants to run against Dewhurst in a Republican primary, even if they think they can beat him. He's got money, a political base, and it'd be an expensive and maybe harmful adventure for any opponent.

Risky.

For all those reasons, Gov. Rick Perry, who is now saying he'll seek four more years in 2010, would rather see Dewhurst stay out of the race. And U.S. Sen. Kay Bailey Hutchison, who's talking openly about running for governor in 2010 — Perry or no Perry — would rather see Dewhurst stay out, too.

Add Attorney General Greg Abbott and Land Commissioner Jerry Patterson, each of whom has expressed interest either privately (Abbott) or publicly (Patterson) in running for lieutenant governor. They'd rather not run against Dewhurst, who has incumbency on his side in addition to that money thing.

If you squint and use a little imagination, that's four potential endorsements for a Senate run if and when Hutchison gives up the seat.

It would ease the competition for Perry and Hutchison, and clear the way for Abbott and/or Patterson. Bringing any of those onboard a Dewhurst candidacy would chill potential competitors in the GOP who might otherwise want to run for the Senate seat.

What's more, Dewhurst could set the table for his and other contests. Declaring for Senate before anyone else would raise the stakes for campaign donors, who have to deal with Dewhurst as Lite Guv during the 2009 legislative session. Don't want to oppose a fellow with a gavel unless you must.

It could box Hutchison a bit, too, which would make Perry happy. She's already said she won't seek another term, so the seat opens in 2012 for sure. If Dewhurst jumped in this year, or hinted strongly at it, she'd be on the spot to state her plans. That doesn't mean she'd have to say, just that everyone in the joint would be asking about it all the time.

The hardest sell, in spite of some self interest in a Dewhurst run, would be the governor. He's never named a favorite in the race for Senate if Hutchison were to resign. When Phil Gramm was talking about leaving the Senate a few years ago, Perry wanted to appoint Tony Garza. Gramm wanted U.S. Rep. Henry Bonilla for the job. He didn't quit, and the appointment wasn't made. Garza is now U.S. Ambassador to Mexico — out of position for a Texas race. Bonilla lost his seat to Henry Cuellar.

Perry hasn't stated a preference for Hutchison's replacement. Dewhurst has some selling to do if he wants the gig.

Former Texas Railroad Commissioner and three-term state Rep. Lena Guerrero, D-Austin, died after a long fight with brain cancer. She was 50. Guerrero, a close ally of former Gov. Ann Richards and former House Speaker Pete Laney, turned to lobbying after she left office. Guerrero, the highest-ranking Hispanic woman in Texas at the time (and since), lost to Republican Barry Williamson after voters found she'd claimed a college degree she hadn't earned. She fought brain cancer for more than eight years, worked while she was under treatment, and even endorsed an old colleague — Democrat-turned-Republican Rick Perry — in his reelection bid last year. There's a spot for Guerrero in the Texas State Cemetery; she'll be buried there on Saturday, after a mass in Austin.

Badly Kept Secret: Deirdre Delisi of Austin and Bill Meadows of Fort Worth are soon to be named commissioners at the Texas Department of Transportation. Delisi was Gov. Rick Perry's chief of staff until last summer. Meadows is an exec with Wm. Rigg Co., a large insurance firm, and the vice chairman of the North Texas Tollway Authority, or NTTA.

Add state Reps. Yvonne Davis of Dallas and Rene Oliveira of Brownsville to the luminaries list at the state Democratic convention. They'll be honorary co-chairs, and party Chairman Boyd Richie is keeping the tennis ball balanced on the net: Davis backs Obama, and Oliveira backs Clinton.

H.B. "Trip" Doggett is the new COO at ERCOT (the Electric Reliability Council of Texas, better known as the electric grid). Doggett has been a consultant to the agency, and landed the post after a nationwide search to replace Sam Jones, who retired.

Thompson & Knight added Ashley Phillips, an environmental lawyer, to their Austin shop. She's done time with the Environmental Protection Agency and with the Texas Commission on Environmental Quality.

The governor's latest appointees include:

• Ben Gorzell Jr. and Carolyn Liner to the Texas Municipal Retirement System Board of Trustees. He's a CPA and the City of San Antonio's finance director; she's director of human resources for the City of San Marcos (and a re-appointee to the board).

• Thomas Leeper, a Huntsville city attorney, and retired attorney Raymond Carter Sanders of Austin to the Texas State Affordable Housing Corporation Board. Leeper will be the presiding officer on that panel.

• Williamson County Commissioner Lisa Birkman of Round Rock and Georgetown banker Stanley Ray to the Texas Agricultural Finance Authority Board of Directors. Ray's an exec at the Farm Credit Bank of Texas.

• Tarrant County Commissioner Gary Fickes of Southlake, Tracye McDaniel of Houston, and Alejandro "Alex" Meade III of Brownsville to the Advisory Board of Economic Development Stakeholders. McDaniel is an exec with the Greater Houston Partnership and Meade is principal of P3 Economics, an eco devo consulting firm.

• Thomas Oliver of Baytown, J. Russell Shannon of Andrews, and David Young of Grand Prairie to the state's Aging and Disability Services Council. Oliver is a CPA, Shannon is president of the National Bank of Andrews, and Young is a healthcare consultant. Shannon's new to the board; the others are being reappointed.

Indicted: Former U.S. Rep., state senator and representative Craig Washington, on a charge of aggravated assault with a gun on New Year's Day. He's accused of firing at another man's car.

Deaths: Former state Rep. Russell Cummings, D-Houston, of cancer. Cummings, who served two terms in the 1960s and later worked for the state for 20 years, was 82... Kevin Housley, a Christoval Republican who lost a bid for the state Legislature in 2006 and who had worked for Tom Loeffler, Bill Clements and Dick Armey. He was 45... Homer Scace, former assistant director of the Legislative Budget Office. He was 85.