SAN ANTONIO – One day after U.S. Rep. Tony Gonzales announced he is dropping his bid for reelection amid his affair scandal, the Bexar County Elections Administrator told KSAT Investigates Gonzales is still on the ballot for the May 26 runoff — for now.
After months of avoiding answering questions, Gonzales admitted he had an affair with his staffer, Regina Santos-Aviles, in an interview with conservative talk show host Joe Pags.
Hours after top House Republicans urged Gonzales to drop out of the race, Gonzales wrote on X Thursday night that he will no longer seek reelection “after deep reflection and with the support of my loving family.”
— Rep. Tony Gonzales (@RepTonyGonzales) March 6, 2026
KSAT asked Bexar County Elections Administration Michele Carew what Gonzales’ announcement meant for the May 26 runoff.
“He has until March 18th, which is the deadline to withdraw from this upcoming runoff ballot,” Carew said. “Once he does the official withdrawal, the party will then declare Mr. (Brandon) Herrera as the winner for the primary.”
According to Texas Election Code, if a runoff candidate withdraws, the remaining candidate becomes the nominee. The runoff election for that office would then not be held.
KSAT reached out to the Texas GOP to ask if Gonzales had notified them of his decision, but we did not immediately hear back.
>>TIMELINE: Rep. Tony Gonzales’ relationship with staffer Regina Santos-Aviles
Gonzales’ Republican opponent, YouTuber creator Brandon Herrera, did not make himself available to speak with KSAT on Friday.
“I look forward to being the voice of TX23 that our district deserves,” Herrera posted on X.
I appreciate Tony Gonzales for making the appropriate decision.
— Brandon Herrera (@TheAKGuy) March 6, 2026
I look forward to being the voice of TX23 that our district deserves. From the border, to oil theft, water rights, data centers, and many other issues.
It’s an honor to be chosen and together we will make Texas… https://t.co/oJMXtmwHSq
Katy Padilla Stout, the Democratic nominee in the race, told KSAT it is too early to count her out of the race.
“I think it is absolutely possible to flip this district, and I think I’m the candidate to do it,” Stout said. “I will say to Brandon Herrera, if he were smart, he would not underestimate me.”
Gonzales, who said he will continue to serve until his term ends in January, is still expected to answer questions about the affair.
The House Ethics Committee announced on Wednesday it was forming an investigative committee to look into Gonzales’ affair with Santos-Aviles, who died by suicide after setting herself on fire on Sept. 14.
“I appreciate the Ethics Committee looking into this and them offering me the opportunity to share all the details and facts,” said Gonzales in the YouTube interview with Joe Pags.
Bobby Barrera represents Adrian Aviles, who is Santos-Aviles’ husband. Barrera told KSAT that Aviles would cooperate with the investigation “in whatever manner or means is necessary.”
KSAT reached out to the House Ethics Committee staff director, Tom Rust, by phone on Friday to ask about the status of the investigation.
“No comment,” Rust said.
There is precedent to the House Ethics Committee continuing an investigation after a lawmaker drops out of their race.
According to the Washington Post, the House Ethics Committee sanctioned Rep. Ruben Kihuen (D-Nevada) over sexual harassment related allegations. The sanctions came the year after after he announced he would not seek re-election.
Like Gonzales, the Washington Post reported Kihuen had previously said he would not resign and welcomed an ethics investigation to clear his name.
Read more reporting on the KSAT Investigates page.