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Pct. 2 constable says never formally announced candidacy for sheriff despite video of declaration

Michelle Barrientes Vela says she will continue to serve in her role as constable, despite officials already searching for an interim replacement.

SAN ANTONIO — Despite telling KENS 5 in certain terms Tuesday that she would run for sheriff in 2020, Precinct 2 Constable Michelle Barrientes Vela said Saturday that her announcement wasn't a "formal political declaration."

Vela, through her attorney Les Sachanowicz, released a statement days before county commissioners are set to appoint someone to her now-vacant seat.

Vela's declaration on Tuesday invoked the so-called "resign-to-run" provision of the Texas Constitution, the Bexar County District Attorney's Civil Section Chief wrote in an opinion. 

Vela's statement to KENS 5 this week, "Yes, I will be seeking sheriff in 2020," is quoted in the opinion.

The resign-to-run provision states that if an officeholder announces their intention to run for another seat more than a year and 30 days before their current term is set to expire, they have resigned their post.

County Judge Nelson Wolff on Wednesday announced that the county would begin taking applications for Vela's seat and that commissioners would appoint someone to her post by Oct. 2. 

As of Friday, 12 people had applied for the post, including former Precinct 2 Constable Val Flores, who held the office before Vela.

Asked whether she would willingly vacate the office once commissioners appoint someone new, Vela's attorney said Wednesday she had no comment.

On Saturday, Vela seemed to suggest she has no plans of vacating the office despite her announcement. 

"...Nor did I have plans to abandon the four-year term seat of the Constable's Office," she said. "I will continue to humbly serve the Constituents of Precinct #2 as we more forward together."

It's unclear if Vela will still run for Bexar County Sheriff in 2020.

Read Vela's full statement:

"On Monday September 24, 2019, I learned to my shock that Texas Rangers, FBI and Deputies from the Sheriff's Office were attempting to execute a search warrant at the office I was elected to serve by my Constituents. On Monday, September 24, 2019, while this was going on, I was in a frame of shock as to the raid and watching what was occurring, when I made the Sheriff statement. At this time, with what was going on in my office, I made an excited utterance rather than a formal political declaration to seek the Sheriff's seat in 2020, in the heat of the moment without having time to reflect upon it.

I did not request financial support, votes or any other kind of support for Sheriff. I did not complete a primary ballot application, submit any filing fees or filings, nor did I designate a campaign treasurer, for Sheriff.

Nor did I have plans to abandon the four-year term seat of the Constable's Office. I will continue to humbly serve the Constituents of Precinct #2 as we more forward together."

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