State Rep. J.M. Lozano has requested an official opinion from Attorney General Ken Paxton regarding the legality of a candidate for Texas House speaker referring to themselves as “Speaker-Elect” without securing a clear majority of pledged votes.
The request comes after State Rep. Dustin Burrows (R–Lubbock)—who lost the Republican nomination for speaker—began using the title in invitations to a series of fundraising events scheduled for this week.
His use of the title has been widely mocked on social media, with activists—including former Texas GOP Chairman Matt Rinaldi—placing the phrase “Speaker-elect” in their bios.
“Our statutes provide a number of reasons to be concerned,” wrote Lozano in his letter to Paxton. He cited Penal Code Section 37.11, which states that a violation occurs if a person has the “intent to induce another to submit to the person’s pretended official authority.”
Lozano also pointed to potential violations under the Election Code, including Section 255.005, which prohibits “Misrepresentation of Identity” in political advertising, and Section 255.006, which states, “A person commits an offense if the person knowingly represents in a campaign communication that a candidate holds a public office that the candidate does not hold.”
“These statutes beg serious questions because they provide penalties not just for the candidate misrepresenting themselves, but those helping them to do so,” Lozano added. He further emphasized the need for integrity in the process, stating, “Before the next legislature convenes, we must have confidence that those who seek the gavel possess personal integrity and respect for the laws of our state.”
After being defeated in the Republican caucus nomination vote on Saturday by State Rep. David Cook (R–Mansfield), Burrows has attempted to cobble together a shrinking coalition of Democrats and Republicans in order to win the position in January.
Burrows is currently slated to hold a fundraiser in Houston on Thursday and another in Austin on Friday. As of publishing, he had not responded to requests for comment on Lozano’s concerns.
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