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Interview with Jon Rosenthal

Jon Rosenthal

We move back to Harris County this week for conversations with more State Rep candidates. I talked to several such candidates who were involved in contested primaries earlier in the year, and you can find links to those interviews here. We have several flippable House districts here in Harris County, and one of the better opportunities has kind of flown under the radar. I speak of HD135, held by the odious payday loan magnate Rep. Gary Elkins, who hasn’t had a serious challenger in my memory. Aiming to change that this year is Jon Rosenthal. An engineer by trade who has had a career in the energy industry, Rosenthal is among the legions of folks who activated themselves in the aftermath of the Trump election. He started an Indivisible Group for Texas Congressional District 7, and now here he is running for the Lege and getting interviewed by me. Our conversation:

You can see all of my interviews for state offices so far as well as other information about the candidates on my 2018 Legislative Election page.

Dallas lawsuit over candidate eligibility officially mooted

From the inbox:

On Thursday, September 20, 2018, the Fifth Court of Appeals issued an Order in Dallas County GOP v. Dallas County Democratic Party, stating that any relief related to the November election is moot, and that the appeal, therefore, is limited to the propriety of dismissal under Rule 91a and attorney’s fees. Chad Baruch of Johnston, Tobey Baruch Law Firm, one of the attorneys for the Dallas County Democratic Party (the “Democrats”), explained: “This means, effectively, that only the attorney’s fees issue will be considered by the Appellate Court. The case is over as to the November ballot and the eligibility of the candidates.”

During the 2018 Primary, the Dallas County Republican Party (the “Republicans”) filed suit against the Democrats, asking the trial court to remove over 100 Democratic candidates from the ballot. The Republicans claimed that the candidates’ applications were not valid because they had not been personally signed by the Dallas County Democratic Party Chair. Upon review of the pleadings, and after a hearing on the merits, the trial court found that “the Texas Election Code does not impose a manual signature requirement” as alleged by the Republicans. The Court held that the Republicans claims are “moot,” that their party “lacks standing,” and that such claims should be dismissed as “lacking a basis of law.” The trial court also held that the Democrats were entitled to recover, from the Republicans, attorney’s fees in the amount of $41,275.

Carol Donovan, Chair of Dallas County Democratic Party stated, “During this election season, the Republican Party has been filing frivolous lawsuits against Democrats to try to remove candidates from the ballot. It appears that the Republicans are afraid to let the voters decide what persons they want to represent them. Thankfully, the rulings of the courts support democracy.”

See here, here, and here for the background. I didn’t find any news coverage of this, but the case is No. 05-18-00916-CV at the Fifth Court of Appeals, and a link to the court’s order is here. The relevant bits:

Appellants and appellees filed letter briefs as directed. The parties agree that any relief sought regarding the November 6, 2018 general election, including preparation of the ballot and what candidates may or may not appear on the ballot, will be mooted by the election schedule.

Appellants affirmatively state that they “do not request relief related to the general election” and “only seek to appeal relief related to the lower Court’s decision on subject matter jurisdiction; 91(a), and the mandatory attorney’s fees.” Appellants further state that their appeal seeks this Court’s ruling on five issues that are not mooted by the election schedule and relate to the propriety of the lower court’s dismissal under Rule 91a and the award of attorney’s fees.

Appellees concede that appellants may appeal the fees award and that the fees issue is not moot. Appellees did not address, however, whether they dispute appellants’ ability to appeal the propriety of dismissal under Rule 91a.

So, even though the late-in-the-day appeal still sought to argue that DCDP Chair Carol Donovan needed to sign the candidate petitions, in the end all that was argued was whether the case was properly dismissed, and how much is owed to the DCDP in attorneys’ fees. This is what you call ending with a whimper. At least it’s one less thing to worry about before voting begins.

Now how much would you pay to fix Houston’s sewer system?

We may be about to find out.

Federal and state authorities sued the city of Houston over its long-running struggle to limit sewage spills on Friday, marking the beginning of the end of a years-long negotiation that could force the city to invest billions to upgrade its sprawling treatment system.

Houston’s “failure to properly operate and maintain” its 6,700 miles of sewer pipes, nearly 400 lift stations and 40 treatment plants caused thousands of “unpermitted and illegal discharges of pollutants” due to broken or blocked pipes dating back to 2005, the suit states. The city also recorded numerous incidents when its sewer plants released water with higher than allowable concentrations of waste into area waterways, the filing states.

The lawsuit by the Department of Justice on behalf of the Environmental Protection Agency and the Texas Commission on Environmental Quality wants a judge to force Houston to comply with the Clean Water Act and Texas Water Code — typical orders include upgrading pipes, ramping up maintenance and educating the public on how to avoid clogging city pipes — and to assess civil penalties that could reach $53,000 per day, depending on when each violation occurred.

[…]

The filing was spurred by the intervention of a local nonprofit, Bayou City Waterkeeper, which announced in July that it planned to sue the city over the same violations and which filed its own lawsuit on Friday mirroring the EPA’s claims. It states that the city has reported more than 9,300 sewer spills in the last five years alone.

“The city’s unauthorized discharges have had a detrimental effect on, and pose an ongoing threat to, water quality and public health in the Houston area and have caused significant damage to the waters that Waterkeeper’s members use and enjoy,” the nonprofit’s filing states.

Waterkeeper’s July announcement was required by the Clean Water Act, which mandates that citizens or citizen groups planning to sue under the law give 60 days’ notice, in part to allow the EPA or its state counterparts to take their own actions.

See here for the background. This has been going on for a long time, and the city has been in negotiation for a resolution to this. How much it will all cost remains the big question. The one thing I can say for certain is that no one is going to like it. As a reminder, consider this:

Upon taking office in 2004, former mayor Bill White locked utility revenues into a dedicated fund, raised water rates 10 percent, tied future rates to inflation, and refinanced the debt. That was not enough to prevent the debt mountain from risking a utility credit downgrade by 2010, when former mayor Annise Parker took office, so she passed a 28 percent rate hike.

Remember how much some people bitched and moaned about that rate hike? Get ready to experience it all again.

Weekend link dump for September 23

When improvised slasher movies on Twitter become actual movies.

“All this comin’ and goin’. Rookies flyin’ up the road and ol-timers flyin’ down and nobody in between but me an’ old John Mize, standin’ pat, watchin’ ‘em go by. I ain’t even sure about ol’ John. Maybe he’s flyin’ on, too. If he is, I can always watch ‘em go by myself. Time ain’t gonna mess with me.”

Put the cheesesteak down, and slowly back away.

“America’s Top Nazi Sued Warner Bros. for Libel in 1939 Because He Didn’t Like the Movie Confessions of a Nazi Spy”.

“A group of women who went to Christine Blasey Ford’s high school are circulating a letter to show support for the woman who has alleged that Supreme Court nominee Brett Kavanaugh tried to sexually assault her while they were in high school.”

“[I]t also encapsulates the fundamental challenge billionaire philanthropy poses—even when it’s used for good purposes, there’s not much accountability when things go wrong.”

My high school and your high school were not as cool as this high school is.

In these contentious times, I would hope that we could all get behind more drop kicks in NFL games.

“You can’t just go to court and ask a judge to answer some question that’s been bugging you, such as, for example, in the movie Annihilation, which I watched Saturday night, why don’t they just take a boat to the goddamn lighthouse instead of walking through the swamp for a week? It is simply not a judge’s job to answer such questions, important though they may be. The judge’s job is to determine whether the plaintiff has a legal right that has been infringed. Here, Standing argued that British Columbia’s dereliction of sasquatch duty was violating his civil rights, and these arguments were dumb enough that we should consider each separately.”

“For Thousands of Years, Humans Coexisted with the Largest Birds That Ever Lived”.

“Late summer and early fall have become filled with anniversaries of recent natural disasters—events that have fundamentally shaped how federal and state governments incorporate pet relief into emergency planning. With each disaster, and often at the request of state governments, animal rescue teams head straight into the areas people are fleeing to ensure that few shelter animals, strays, and displaced pets are left behind.”

“It has since been estimated that the above ground shoots and their roots account for some 6 million kilograms making it arguably the largest known single individual organism on earth eclipsing the giant sequoia General Sherman by at least three times.”

“The inescapable conclusion is that the #MeToo movement represents, in practical terms, a crisis for the American rule of law. Countless women and some men have come forward over the past year to describe what are essentially criminal acts committed against them. With rare exceptions, there are typically no formal indictments against those they name, no prosecutions or trials, no verdicts or sentences. Organized society hinges on the premise that there can be restitution for harms done and consequences for those who inflicted them. The consequences felt by those swept up in the Weinstein effect, however, often appear to be rare and fleeting. (Weinstein himself is among the few facing criminal charges.)”

Embrace the tie, football fans.

RIP, Arthur Mitchell, dance pioneer and the co-founder of the Dance Theatre of Harlem.

All this will probably be out of date by the time you read this, but the attempt to defend Brett Kavanaugh just went nuts towards the end of the week. I mean, holy smokes.

“From top to bottom, the Whelan saga was a disaster for the Kavanaugh nomination.”

#WhyIDidn’tReport.

The leadership of the so-called “Christian” right is trash. And they have been for a long, long time.

The Dallas County House battleground

Lot of seats in play here.

Julie Johnson

[Julie] Johnson is among several Democratic candidates in Dallas hoping national and statewide talk of a blue wave will trickle down to several local state House races. A mix of Democratic enthusiasm this cycle, along with a litany of well-funded candidates, has created a hotbed of competitive state House races around Texas’ third largest city. While some of these districts have drawn contentious matchups before, the fact that most handily went to Hillary Clinton in 2016 has only heightened the stakes.

State Rep. Matt Rinaldi, a hardline conservative from Irving, has had perhaps the biggest target on his back since last year, when protesters descended on the Texas Capitol over the state’s new “sanctuary cities” law.” Rinaldi said he called federal immigration authorities on the protesters, which angered some Hispanic House members. An argument on the House floor escalated to accusations of death threats and shoving, some of which was captured on a video that drew national attention.

[…]

While immigration is an unavoidable issue in Rinaldi’s race, there are other things on the minds of voters around North Texas. Candidates in several competitive state House races in the region said they are hearing the most about rising property taxes, health care coverage and education.

Along with Rinaldi, other state House Republicans in Dallas facing notable challenges from Democrats include Rodney Anderson of Grand Prairie, Angie Chen Button of Richardson and Linda Koop and Morgan Meyer, both of Dallas.

But former Dallas County GOP Chair Wade Emmert said Democrats may be overestimating the impact bad headlines out of Washington will have on these races lower on the ballot.

“People understand that Trump is not running to be a House representative,” he said. “They want to trust the person that’s running. And I don’t know if voters are going to vote for a Democrat to carry the mantle in previously Republican districts.”

[…]

Aside from impressive fundraising hauls and a surge of Dallas-area candidates, Democrats argue that the blue wave they expect this election cycle gives them a competitive advantage they didn’t have two years ago. But in Gov. Greg Abbott, Republicans have a popular incumbent at the top of their ticket with a $40 million war chest that could be employed to boost Republican turnout statewide.

Dallas Republicans, though, say they’re not taking anything for granted. After all, the region has gotten tougher for the party politically since the once reliably Republican Dallas County flipped blue in 2006. “We understand that there is a challenge,” Karen Watson, the vice chair of the Dallas County Republican Party, said. “We were comfortable in Texas just being red. Now we’re like, ‘Okay — if you wanna fight, bring it, and we will match you.’”

Dallas Democrats, meanwhile, are hopeful that excitement around two races in particular — U.S. Rep. Beto O’Rourke’s bid against U.S. Sen. Ted Cruz, R-Texas, and Colin Allred’s campaign to unseat U.S. Rep. Pete Sessions, R-Dallas — may help candidates in these local races. Frustration with the current occupant of the Oval Office, party leaders say, is also expected to boost Democratic turnout.

“Mr. Trump has done the Democrats a huge favor,” said Carol Donovan, chair of the Dallas County Democratic Party. She also mentioned a couple of candidates that she said have an advantage this cycle because they’ve run for the seat before — including Democrat Terry Meza, who’s again challenging Anderson, the Grand Prairie Republican, in House District 105.

[…]

In House District 114, Lisa Luby Ryan faces Democrat John Turner. Ryan, who has support from hardline conservative groups such as Empower Texans and Texas Right to Life, ousted Republican incumbent Jason Villalba of Dallas in the March primaries. Villalba, who has represented the district since 2013, aligns with the more centrist faction of the party and has been critical of Ryan since she defeated him in March. Villalba said he thinks the district’s changing demographics, along with Ryan’s more conservative politics, could cause HD-114 to flip in Democrats’ favor this year.

“The district is clearly a centrist, chamber-of-commerce district,” he said. “Ryan does not represent that wing of the Republican Party. And I think she is at a disadvantage going into the election against someone like Turner.”

Turner, the son of former U.S. Rep. Jim Turner, D-Crockett, has picked up support from the influential Texas Association of Realtors. And, in August, he released a letter of support from the Dallas business community — which included some Republicans. Villalba said earlier this month he doesn’t plan to endorse in the race.

In nearby House District 113, Democrat Rhetta Bowers and Republican Jonathan Boos are vying for the seat state Rep. Cindy Burkett represents. (Burkett, a Sunnyvale Republican, didn’t seek re-election and instead had an unsuccessful bid for the state Senate). Both Bowers and Boos ran previously for the seat in 2016; Bowers, who has support from groups such as Planned Parenthood and Moms Demand Action, which advocates for stricter gun control laws, says her campaign has drawn in some of the district’s disgruntled Republicans. Boos, meanwhile, has endorsements from the same conservative groups that endorsed Ryan in HD-114.

I did a thorough review of the precinct data from Dallas County after the election. I’ll sum this up by quoting myself from that last post: “Dallas is a solid blue county (57-42 for Obama over Romney in 2012) drawn to give the Republicans an 8-6 majority of their legislative caucus. There’s no margin for error here.” It won’t take much to tip the three most competitive districts, which are HDs 105, 113, and 115. (And sweet fancy Moses do I want to see Matt Rinaldi lose.) We talk a lot about the Beto effect, but Lupe Valdez should be an asset for Dems here, as she has consistently been a big vote-getter in the county. And if things head south for Republicans – if the recent spate of generic Congressional polls hold, and Trump’s approval rating moves consistently below 40 – you could see four, five, even six seats flip here. It’s the downside to a brutally efficient gerrymander – there’s an inflection point at which a whole bunch of seats become vulnerable. Dallas County Republicans may find that point this year.

When train companies fight

Can’t we all just get along?

A competitor of the company trying to build a Dallas-to-Houston bullet-train connection has blasted the notion that a high-speed rail line can be built without public money.

“The whole thing is just a dream,” said Alain Leray, president of SNCF America, the Maryland-based arm of the French national railway company. “It’s not going to happen on private financing.”

Those remarks came after Texas Central Partners announced last week it had secured a loan of up to $300 million from Japan Overseas Infrastructure Investment Corp. for Transport & Urban Development and the Japan Bank for International Cooperation. Both institutions are backed by the Japanese government.

That drew the ire of SNCF, which has a rival plan to bring speedy rail service to the state. The Texas Central “project is right for Japanese companies subsidized by Japanese taxpayers and wrong for Texas,” said Scott Dunaway, spokesperson for SNCF America, in a statement Tuesday. “Nowhere in the world have high-speed rail projects become reality without government participation.”

SNCF America leaders also called on the Texas Legislature to give direction to the high-speed rail policy debate. The company last spring lobbied state legislators to consider its plan to serve the Interstate 35 corridor with “higher-speed” rail, rather than bullet-train technology.

See here for some background on SNCF and their counter-proposal for high speed rail in Texas. I don’t have the technical knowledge to evaluate their claims about the merits of their system versus TCR’s, and whether one thinks “Japan Overseas Infrastructure Investment Corp. for Transport & Urban Development and the Japan Bank for International Cooperation” count as “public money” when none of it came from US taxpayers is a matter if taste and semantics. What I do know is what I’ve said before, which is that I wish both SNCF and TCR would build their proposed rail lines so that we can get as much of it as possible. The Dallas Business Journal has more.

“Viva Texas! Viva Beto!”

It’s been too long since the last time I posted a video.

It all came from a love of the law and a shared dislike of Ted Cruz.

It was a few bigwig local prosecutors, a capital defense attorney, a seasoned member of the Harris County Attorney’s Office and others who got together over the summer, hoping to unseat the junior senator from Texas – with their music. It was, they promised, not as outlandish as it seemed.

“Before John F. Kennedy the only person to ever defeat Lyndon Johnson for public office was Pappy Lee O’Daniel,” said Special Assistant County Attorney Terry O’Rourke.

“Pappy Lee beat Johnson by having a band and they went around to all these courthouses in Texas playing this song – ‘Pass the Biscuits Pappy’ – and Lyndon Johnson lost that election.”

Seeking to replicate that success, the legally-minded balladeers recorded three songs in support of Democratic candidate Beto O’Rourke, including ditties like “Viva Texas! Viva Beto!” – released on YouTube Saturday.

“We are part of the resistance, we’re it’s tonal dimension,” said David Mitcham, the Harris County District Attorney’s Office trial bureau chief and lead singer of what’s become the de facto in-house band for the DA’s office, Death by Injection.

But the new political rock gathering calls itself The Yellow Dog Howlers.

Here’s the video, in all its glory:

Well, it’s not The Altuve Polka or It’s A Ming Thing, but I give them an A for enthusiasm. And look, it’s not like anyone is gonna write a song about Ted Cruz.

And since they mentioned it, here’s Pass The Biscuits Pappy:

For sure, they don’t write ’em like that any more.

Two from PPP (RV): Cruz 48, O’Rourke 45, and Cruz 49, O’Rourke 46

Fourth in a series from PPP.

Rep. Beto O’Rourke

A new Public Policy Polling (PPP) survey commissioned by Protect Our Care finds that 62 percent of voters in Texas say health care will be one of the most important issues they consider when casting their vote in November. What’s more, 44 percent are deeply concerned about Senator Ted Cruz’s work to repeal health care and nearly 60 percent oppose the Trump Administration’s lawsuit to end protections for those with pre-existing conditions, which Cruz has refused to oppose.

The poll shows that for Cruz, who has been among the GOP’s fiercest advocates for repealing the American health care law, the issue is a drag on his prospects for reelection. In the poll, Cruz is in a dead heat against Democrat Beto O’Rourke 48 (Cruz) to 45 (O’Rourke). The poll was conducted September 19th and 20th among 613 Texas registered voters. The survey has a margin of sampling error of +/- 4 percent.

“Ted Cruz thought he was going to score political points shutting the government down trying to repeal health care, but what he actually did was put his own reelection prospects in serious jeopardy. Ted Cruz’s constituents say health care is one of the most important issues to them this election, and as a result he’s taking on some pretty serious water in this race. Whether it is Cruz’s opposition to protections for people with pre-existing conditions or his vote for an age tax, Ted Cruz’s extreme health care views are rejected by his constituents.”

The full polling memo is here. That hit my inbox on Thursday. On Friday, I got this:

A new poll of likely voters in Texas, commissioned by End Citizens United (ECU) and conducted by PPP, shows that Beto O’Rourke continues to close in on Senator Ted Cruz. ECU’s latest poll shows O’Rourke behind Cruz by three points, 46-49 percent. Click here to see the full polling.

When voters learned of O’Rourke’s decision to reject all PAC money and Cruz’s reliance on special interests, O’Rourke takes the lead 48-46 percent.

This is the fourth poll ECU has conducted in the race with each poll showing O’Rourke increasingly closing the gap. In January, O’Rourke was within eight points of Cruz, 37-45 percent. By June, O’Rourke had moved to within six points, 43-49 percent. In July, he closed the gap to four points, 42-46 percent. The latest poll conducted this week has him within the margin of error.

“Beto and his message of reform continues to win over Texans,” said ECU President Tiffany Muller. “He’s spent the last 18 months visiting every county in the state, listening to voters, and inspiring people to get involved. With just a few weeks until Election Day, Beto has pulled even with Ted Cruz and is in position to win this race.”

PPP surveyed 603 Texas voters from September 19-20. The margin of error is +/- 4%.

Based on his record of fighting for reform and his decision to reject all PAC money, Beto O’Rourke was the first challenger ECU endorsed in the 2018 midterms. For O’Rourke, ECU was his first national endorsement. ECU’s grassroots members have donated over $350,000 to O’Rourke’s campaign, averaging just $13 per contribution. Beto is one of only a handful of members of Congress to reject all PAC money, a decision that has made him a leader of a growing trend, with 124 no corporate PAC candidates advancing to the general election.

That poll memo is here. I think these are two different polls – they have different sponsors, slightly different results, and slightly different sample sizes (613 for the first, 603 for the latter), though they were all done between September 19 and 20. The End Citizens United-sponsored polls done by PPP are the ones I have linked on my sidebar. Protect Our Care references earlier polls, which could be these ECU polls, but doesn’t provide links, so who knows. I will say that ECU’s characterization of this as “within the margin of error” is correct, and POC’s “in a dead heat” is wrong and should be avoided. Both of these polls, plus that Ipsos poll arrived after the Quinnipiac poll, to vastly less fanfare; at least RG Ratcliffe acknowledged the existence of the Ipsos poll. The 18-poll average is now 46.83 for Cruz, and 41.83 for Beto.

On a side note, I also received a press release from the Republican Party of Texas announcing that they had filed a complaint with the FEC against End Citizens United for “ECU’s failure to file a direct expenditure for public communications in support of – or as an in-kind contribution to – the Beto for Texas campaign.” You can search the Internet for the eyeroll GIF of your choice here. It’s the weekend, and I can hear a beer calling my name.

Harvey and the Congressional races

This was from a couple of days ago.

Dayna Steele

A year ago this week, Dayna Steele was standing in 29 inches of water inside her Seabrook home. Her family had already made it through Hurricane Ike in 2008, when the water in her home had come up even higher. Nearly nine years later, Hurricane Harvey would once again force Steele to rebuild.

But this time around, Steele was also a candidate for Congress. She had filed months earlier as a Democrat to challenge U.S. Rep. Brian Babin, R-Woodville, in a historically Republican district that stretches northwest from Houston across eight counties. In the days and weeks after the storm, as she heard about the worry and confusion from others in the region, Steele found it amplified her desire to represent her community in Congress.

“We still have entirely too many blue tarps, empty homes,” said Steele, who still sees local residents living in trailers parked in the driveways of their damaged homes. “It’s still a big issue.”

A year after one of the worst storms in the state’s history, Steele is one of several Texas congressional candidates emphasizing Harvey as a key issue heading into November, honing in on the details of its aftermath, the region’s long-term recovery and whether enough is being done to prepare for when the next major hurricane arrives.

Steele’s opponent, Babin, was also personally impacted by Harvey. For a few hours, he and his family were stuck in their Woodville home due to flooding in their neighborhood. Three months later, Babin was a part of a group of Texans in Congress who teamed up to secure more Harvey relief after an initial proposal put forth by the White House was criticized as too small by many Texans.

Steele said when she travels around the district, she hears from voters that they either don’t know who Babin is or say they never saw him in the aftermath of the storm.

Babin, who didn’t respond to a request for comment, has tweeted multiple timesabout his push to send additional federal aid to Texas. Recently Babin, along with other Houston-area congressional members, met with Mick Mulvaney, director of the Office of Management and Budget at the White House, to discuss giving more money to the Army Corps for “future flood mitigation.” The congressman also tweeted that he toured disaster areas with U.S. House Speaker Paul Ryan in the storm’s immediate aftermath.

A similar back and forth — challengers accusing the incumbent of not being physically present after the storm or fighting hard enough for relief funding and the incumbent insisting otherwise — is emerging in multiple races in Harvey-impacted districts.

“The lack of response from our representative is visceral,” said Sri Kulkarni, a Democrat vying to unseat U.S. Rep. Pete Olson, R-Sugar Land. The prevailing sentiment from constituents in the Republican-leaning 22nd Congressional District, Kulkarni argued, is that “Pete Olson was absent on Harvey.”

That recent Atlantic story on CD07 covered this in the context of Lizzie Fletcher’s campaign. She and Todd Litton in CD02 have different challenges in their races; Fletcher is attacking John Culberson for basically doing nothing before Harvey to help with flood mitigation, while Litton has not incumbent to run against. As I said in that post, it makes sense to make Harvey response and recovery a campaign issue. The Republicans were in charge of the government when Harvey happened, so what happened after that is on them. How effective that will be is not clear. I’d love to see some polling data on that, but even if we never get to see such numbers, I’d bet that the candidates themselves have explored the question.

We ultimately may or may not ever know what if any effect the Harvey issue has. If an incumbent gets knocked off, there may be some followup reporting that sheds light on it, but if a race is just closer than one might have expected – Dayna Steele, running in a 70% Trump district, has a lot of room to gain ground without winning, for instance – we may never get an examination of why. Most likely the best we’ll be able to do is draw our own conclusions from the data that we get to see.

Distributing the VW settlement money

Good for some, less good for others.

Texas cities will soon get millions of dollars to help clean up air quality, but Houston officials say the plan for distributing all that money isn’t fair.

The money is coming from a settlement in the Volkswagen (VW) emissions cheating scandal. Local governments will be able to use the money to reduce emissions from their vehicles and other equipment.

The Texas Commission on Environmental Quality (TCEQ) plans to give the biggest chunk of the money – more than $73 million – to the San Antonio area, mainly because that city is closer than others to getting in line with federal pollution rules it’s currently violating.

Under the state’s plan, the Houston area, which has worse air quality, would get about $27 million.

The City of Houston says about a quarter of the cheating VW cars that were in Texas were driving in the Houston region.

“So we deserve at least a quarter of those funds, because we’re the ones that were harmed,” said Kris Banks, a government relations assistant with Houston Mayor Sylvester Turner’s office.

See here, here, and here for some background. Mayor Turner expressed his disenchantment with the amount allocated to Houston in a press release; you can see all of the city’s documentation on the matter here. The full TCEQ plan for the VW Environmental Mitigation Trust is here, or you can save yourself some time and read the Texas Vox summary of it. The TCEQ is still accepting feedback on the draft plan through October 8, so send them an email at VWsettle@tceq.texas.gov if you have comments. The Rivard Report has more.

Interview with Jennifer Cantu

Jennifer Cantu

We wrap up our week in Fort Bend County with HD85, the district that was added to the county in the 2011 redistricting. HD85 extends out from the southwest part of Fort Bend to incorporate Wharton and Jackson counties as well. It’s been represented since its creation by Rep. Phil Stephenson. Opposing him in November is Jennifer Cantu. A native of Laredo, Cantu has degrees from UT San Antonio and the Universidad Autónoma de Guadalajara and currently works as an Early Childhood Intervention therapist for a Texas nonprofit. Here’s what we talked about:

You can see all of my interviews for state offices so far as well as other information about the candidates on my 2018 Legislative Election page.

CD07 “live poll”: Culberson 48, Fletcher 45

Here’s another of those NYT-Siena “live polls” of interesting Congressional races.

Lizzie Fletcher

Houston Rep. John Culberson holds a narrow lead over Democratic challenger Lizzie Fletcher, a poll conducted by The New York Times Upshot found Tuesday.

Culberson’s 3-point lead is within the 5-point margin of error for the poll, which The New York Times conducted Sept. 14-18. Forty-eight percent of respondents said they preferred Culberson, and 45 percent sided with Fletcher.

The nine-term congressman had a 43 percent favorable rating in the poll, compared to Fletcher’s 28 percent. That difference could be attributed to name recognition — 49 percent of those polled answered that they “didn’t know” if they had a favorable opinion of Fletcher, a Houston attorney, compared to 24 percent for Culberson.

Election handicappers such as Cook Political Report, FiveThirtyEight, and Larry J. Sabato’s Crystal Ball have deemed the race a “toss-up,” while Inside Elections rated it a “lean Republican.”

[…]

Pollsters asked several other questions of district residents.

Of those polled, El Paso Rep. Beto O’Rourke held a 7-point lead over Sen. Ted Cruz, who is from Houston. President Donald Trump had a 51 percent approval rating. Fifty-five percent opposed funding for a wall at the U.S.-Mexico border, and 60 percent supported a ban on assault-style guns and high-capacity magazines.

The Upshot, in partnership with Siena College, called 40,665 people in the Houston district and received 500 responses.

The full NYT writeup is here. They had previously done a poll in CD23, which I wrote about here; a poll of CD32 is coming soon. The DMN story goes over the candidates’ fundraising and the ads they have running now – I’ve seen one of Fletcher’s, but not yet Culberson’s – but none of that interests me. There are two other things I want to talk about.

The first thing is the embedded image of where in the district they got their responses, and whether those responses were for Fletcher or Culberson. CD07 has a big piece inside Beltway 8, and a big piece on the farther west side of Harris County, outside Highway 6 and north of I-10 up to US 290. The original idea of this district was to pair the relatively small and mostly Democratic inner urban piece with the larger and more Republican outer suburban area. That has worked well for the decade, but as you can see, there are an awful lot of Fletcher-responding blue dots in the far-flung section of CD07. The outer areas of Harris County are the Republican stronghold, with sufficient population to counterbalance the Democratic city of Houston. If the unincorporated part of the county is trending bluer, that’s a big problem for the local GOP.

Which brings me to the second point. It’s important to remember that CD07 was a thirty-point Republican district in 2014. Kim Ogg, in her first run for DA in the special election against Devon Anderson, got 37.5% in CD07 in 2014. Ann Harris Bennett, then running for County Clerk, got 34.7%. Judith Snively, running for District Clerk, got 33.6%. It was a massacre.

Things were different in 2016, of course, but the fact that CD07 was carried by Hillary Clinton obscures the fact that CD07 was still fundamentally Republican. Ogg, in her rematch with Anderson, took 46.8% in the district. Vince Ryan got 46.2%, Ed Gonzalez got 45.0%, and Ann Harris Bennett, now running for Tax Assessor, just barely cleared 42%. The average Democratic district judge candidate got 43.5%.

Remember, though, that even in losing CD07 by 16 points (Bennett) or 13 points (average Dem judicial candidate), they all still won Harris County overall. Greg Abbott had a more modest 22-point win over Wendy Davis in CD07, and he needed all of that to win the county by less than five points. If CD07 is even close to being fifty-fifty, how does any Republican win countywide? If Beto O’Rourke is really leading in CD07 by seven points, then he’s going to crush it in the county, and that as much as any “likely voter” poll suggests a real, close race statewide.

Now of course all of this is predicated on this poll being accurate. As we discussed after the CD23 poll was published, this is a new and experimental approach to polling, and as always it’s just one result. We do have one earlier result, which happens to closely match this one, but two data points are only slightly better than one. My point is that this poll doesn’t have to be dead-on accurate to highlight the potential for a blue wave in Harris County. Even a modest shift from 2016 would point in that direction.

Voter ID lawsuit officially ends

That’s all there is, at least until the next atrocity.

Still the only voter ID anyone should need

A federal judge formally dismissed the lawsuit challenging the Texas voter ID law Monday, the final step in a yearslong fight that will allow the state to enforce a weakened version of the 2011 statute.

At the urging of Texas Attorney General Ken Paxton, U.S. District Judge Nelva Gonzales Ramos of Corpus Christi issued a two-sentence order dismissing the case in light of April’s decision by the 5th U.S. Circuit Court of Appeals that upheld the law.

Lawyers for the minority voters, Democratic politicians and civil rights groups that challenged the law had argued that Paxton’s request for a dismissal was an unnecessary step because there was nothing left to decide — except for assessing legal fees and costs — after the 5th Circuit Court’s decision.

See here for the background. Like I said, we’re going to need a political solution to this problem. Maybe with a different Supreme Court we could keep pushing this via litigation, but I expect we all understand that’s not the world we currently inhabit. First we have to create that world, and that gets us back to my initial point. There is still an effort to put Texas back under preclearance, but even if that happens (spoiler alert: it almost certainly won’t) it won’t change what has already occurred. It can only affect what may be yet to come. The road forward starts with winning some elections. This November would be an excellent time for that.

Judicial Q&A: Chip Wells

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. I am running these responses in the order that I receive them from the candidates. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Chip Wells

1. Who are you and what are you running for?

I am Clinton Chip Wells the Democrat nominee for Judge in the 312 th Family District Court. I have been practicing law for over 41 years in Harris County and across the State. I am married with three children (two of which are from my wife’s prior marriage) and one grandchild. I’ve been practicing law with my law partner John McDowell for more than 28 years.

2. What kind of cases docs this court hear?

The 312th Family District Court hears all cases of which it has jurisdiction in Harris County including but not limited to marriage dissolution, modification of prior orders, support, adoption and cases associated with the Child Protective Services.

3. Why are you running for this particular bench?

I am running for the 312th Family District Court because of the clear distinction between my experience and that of the current Judge. As I stated above I have practiced law for over 41 years representing individual Texans and Texas families across the State. I have tried jury and non-jury cases in counties from El Paso to Beaumont and Denton to Brownsville. My experience is in the private practice of law resolving issues and obtaining relief for clients involving family law and personal injury claims. The distinction referenced above is that my opponent’s experience is almost exclusively institutional employment either through the County, State or Texas Guard. He has little or no experience representing individuals or families seeking affirmative relief. Thus, his experience lacks the component of compassion that comes with representing clients for over four decades.

4. What are your qualifications for this job?

My qualifications are as stated above including the more than 41 years of experience practicing law in Harris County and across the State of Texas. I have represented families and individuals in both non-jury and jury trials in many counties across the State. I am married for more than 24 years. I have raised my wife’s two children from a prior marriage and one of our own. I have been married and divorced. I have experienced as a lawyer the issues that will be addressed in a family court on a daily basis. I have practiced law with my present law partner for over 28 years thus demonstrating loyalty, commitment and the ability to work well with others. I am a certified mediator in civil law and family law mediation.

5. Why is this race important?

This race is important for the same reason that all of the judicial races are important. We elect our judges in Texas. Each Court whether civil, criminal or family is charged with the same obligation, to apply the law to the facts and circumstances of the case before it. Every Judge is required to apply the law. How those facts and circumstances are appreciated by the Judge charged with the obligation of applying the law is often the difference. The Judges that sit in our Courts should reflect the community as a whole and should serve the community with compassion, fairness and equity for all its members.

6. Why should people vote for you in November?

At present, the Harris County Family District Courts consist of nine Republicans and one Democratic Judge. As the Democratic nominee for the 312th Family District Court I am committed to maintain a courtroom open to all citizens of Harris County irrespective of race, origin, sexual preference or position. I am not beholden to any platform or litmus test for relief. I will strive to apply the laws of the State of Texas fairly, equitably and compassionately to all who may come before the Court.

I have the experience and background to serve all the citizens of Harris County. The citizens of Harris County should have access to Courts with Judiciary that reflects the community as a whole.

Differing views of likely voters

First we had this.

Rep. Beto O’Rourke

U.S. Sen. Ted Cruz, R-Texas, leads his Democratic challenger Beto O’Rourke by 9 percentage points among likely voters, according to a new poll from Quinnipiac University.

Released Tuesday, the survey found Cruz with 54 percent support and O’Rourke, an El Paso congressman, with 45 percent. Only 1 percent of those polled were undecided.

“The Texas U.S. Senate race between Sen. Ted Cruz and Congressman Beto O’Rourke, and Democratic hopes for an upset win there, have boosted talk of a Senate takeover,” Peter Brown, assistant director of the Quinnipiac University Poll, said in a news release. “These numbers may calm that talk.”

It’s the first time Quinnipiac has released a likely voter survey in the Senate race. Quinnipiac previously polled registered voters three times, finding Cruz ahead by 6 points in August, 11 in May and 3 in April.

Quinnipiac also surveyed the governor’s race in the most recent poll and continued to find a much less competitive contest, with Republican Gov. Greg Abbott leading Democratic opponent Lupe Valdez by 19 points.

I started writing a post about how like everything else this is one result, the first one we’ve had of just likely voters, then I got distracted by all the hot takes about how this means The Race Is All Over And It Was Never Really Close and the shitshow in SD19, so I didn’t get it finished. And then I woke up the next morning and saw this.

U.S. Rep. Beto O’Rourke, D-El Paso, leads Republican incumbent Ted Cruz by 2 percentage points among likely voters, according to an Ipsos online poll released Wednesday in conjunction with Reuters and the University of Virginia. O’Rourke has been closing the gap over the last several months, but this is the first poll that puts him ahead of Cruz.

Forty-seven percent of likely voters told Reuters they would vote for O’Rourke, while 45 percent said they would cast their ballot for Cruz. Three percent said they would vote for “Other,” and 5 percent said “None.” The margin of error on that portion of the poll was 3.5 percentage points.

A Quinnipiac poll released Tuesday put Cruz 9 percentage points ahead of O’Rourke among likely voters. That poll was based on phone interviews, while the Ipsos poll used an online survey. But it’s trying to predict who will show up on Election Day that shifts the numbers, said Ipsos Vice President Chris Jackson.

Ipsos is trying to gauge political enthusiasm on each side, said Jackson. The poll asked respondents to estimate the likelihood that they’d vote in the midterm elections on a scale from one to 10. “More Democrats are registering at the highest part of the scale, at the 10, than the Republicans,” Jackson said. And that’s what’s interesting, he said, because Republicans usually have the momentum advantage in Texas.

“It demonstrates how Democrats are mobilized,” said Jackson. “This election is going to be really competitive and its going be very hard fought.”

[…]

The poll also questioned voters about the Texas gubernatorial election and found that Gov. Greg Abbott leads his Democratic challenger, Lupe Valdez, by 9 percentage points among likely voters.

Well, well, well. Look, this too is just one result and we can’t really judge either of them until we see enough polls to get a feel for where these fit in. That said, this is 1) the first poll result of any kind showing Beto in the lead, 2) the first poll of any kind in at least a decade showing a Democrat with as much as 47% of the vote, and 3) an extremely satisfying quick corrective to all those hot takes from Tuesday.

So what do we make of all this? I think the DMN has it right:

Polling experts have long warned against putting too much weight in any one survey, particularly since different polls can take widely different approaches. Texas is also a special case, since the GOP’s longstanding dominance there means pollsters don’t usually pay it much attention.

Nate Silver, editor-in-chief of Five Thirty Eight, on Wednesday pretty well summed up the dynamic.

“Texas is a tough state to poll (lots of new residents, low turnout among certain voting groups, may be hard to reach Spanish-speaking voters),” he wrote on Twitter. “It’s probably a healthy sign that we’re seeing some disagreement.”

A closer look at the two surveys perhaps further proves the point. Both polls looked at likely voters, which is a key distinction from earlier surveys. The feelings of likely voters are supposed to give a better representation of Election Day results than those of registered voters. But that approach also means some assumptions have been made on who is likely to vote.

The Quinnipiac poll surveyed 807 likely voters earlier this month, tallying a margin of error of plus-minus 4.1 percentage points. It was conducted using live interviews over landlines and cell phones, which many experts say is the best way to approach the task. It had a sample that featured 35 percent Republicans, 26 percent Democrats and 33 percent independents.

The Ipsos poll, done in partnership with Reuters and the University of Virginia, surveyed nearly 1,000 voters earlier this month, garnering an error margin of plus-minus 3.5 percentage points.

It was conducted by way of online surveys. Its sample is also much different, reporting a significantly lower number of independents. So its breakdown is 47 percent Republicans, 43 percent Democrats and nine percent independents.

So live call versus online, and self-reported engagement levels versus whatever formula Quinnipiac used (they did not elaborate on that). Ipsos wound up with a sample that was slightly less Republican, which is consistent with the thesis that Dems are more engaged than usual. Who’s “right” and who’s “wrong” at this point is impossible to tell, though we may get a better feel for that as voting draws nearer. For now, be aware of the differences in methodology and look for any trends that emerge there. In the meantime and even though it’s mixing apples (registered voters) and oranges (likely voters), I’m updating the now-16 poll average to reflect 46.69 for Cruz, and 41.38 for Beto. Until we can say definitively otherwise, this is still a very close race. Washington Monthly and the Current have more.

Galveston, ten years after Ike

Overall things are better now, but not for everyone, and nothing can ever truly be the same as before.

Galveston has a long and storied history dealing with epic storms, and the destruction Hurricane Ike wrought was no different — a Category 2 storm that battered the island and the Texas Gulf Coast with 100 mile-per-hour winds and 17-foot storm surges, killing 43 people across the state and causing nearly $30 billion worth of damage, the third-costliest storm in U.S. history.

A decade later, post-Ike Galveston looks a bit different. Island landmarks like the Flagship Hotel and Balinese Room, which sat perched on piers overlooking the Gulf of Mexico off of Seawall Boulevard, have been demolished, casualties of the storm surge that leveled parts of the island.

University of Texas Medical Branch, the island’s main hospital and a huge employer, underwent $1 billion worth of updgrades to make it more resilient to major storms, but also ceased providing indigent care.

Galveston’s beaches were restored with 500,000 cubic meters of sand, and tourism rebounded after a sluggish few years in Ike’s wake. In 2007, Galveston raked in $7.5 million dollars in hotel tax revenue from June through August. By 2012, the island exceeded that total with $8.3 million in hotel receipts.

Eighty percent of the city’s homes and much of its critical infrastructure were damaged by Ike’s high winds and devastating flooding, forcing building code changes that led many residents on Bolivar Peninsula and Galveston’s West End to raise their homes on stilts. The city’s population has about 50,550 residents today, per 2016 U.S. Census estimates, still shy of the 57,000 from before the storm.

[…]

And yet a vast swath of vacant land dotted with palm trees on the north side of Galveston, where the Oleander Homes, a public housing complex, used to sit, serves to remind that the legacy of Ike did not reach its most vulnerable populations.

The 10 to 15-foot waves that laid waste to single-family and vacation homes also damaged the island’s four public housing developments — located in low-income neighborhoods with high percentages of people of color. Four months after the storm, the Galveston Housing Authority decided to demolish all four developments — 569 housing units — due to extensive damage to the buildings.

Under a state and federal government mandate, the city is required to rebuild every unit, but fewer than half of the units have been reconstructed — delayed by a toxic combination of bureaucratic red tape, racially-tinged public outcry, political inaction and the housing authority’s lack of financial capital to manage and maintain the new housing.

“It’s just tragic that a decade after the disaster when the money has been available for all of that time that most of the public housing has not yet been rebuilt,” said John Henneberger, co-director of the Texas Low-Income Housing Information Service, a statewide housing advocacy group.

There were serious concerns about UTMB’s ability to exist after Ike. It’s a major employer for the city, so the fact that it’s still there is a big deal. I’d still be very concerned about Galveston’s future – not to mention the future of much of the rest of the Gulf Coast – until some form of the Ike Dike gets built. After Harvey and Maria and Irma and Florence I have to wonder what else needs to happen to get that approved, but here we are anyway. I’m rooting for Galveston, but in a very real sense we’re all in the same boat with them.

Texas blog roundup for the week of September 17

The Texas Progressive Alliance hopes that the federal response to Florence is better than it was for Harvey and especially for Maria as it brings you this week’s roundup.

(more…)

Interview with Meghan Scoggins

Meghan Scoggins

We move out to the west end of Fort Bend County, where the population is booming. HD28 covers this part of the county, and the number of votes cast in Presidential years here has increased by more than fifty percent since 2008. Democrat Meghan Scoggins is the first candidate of any party to run against six-term incumbent Rep. John Zerwas since 2010. Scoggins currently works in the non-profit space, having previously worked in legal services and with NASA on the International Space Station. She’s also been an advocate for consumer protection, having been a victim of identity theft, and for disability rights. Here’s what we talked about:

You can see all of my interviews for state offices so far as well as other information about the candidates on my 2018 Legislative Election page.

Flores defeats Gallego

I don’t even know what to say. This is a filthy result, one that can’t be repaired until 2020. I don’t know what happened, but it was a race we should not have lost. I don’t think one ugly loss invalidates everything else that’s been going on, but it sure is a turd in the punch bowl, and the reaction to it is going to be brutal. Now Dems are going to have to flip a Republican-held Senate seat just to stay even. Just terrible.

UPDATE: Something that occurred to me after I went to bed was that it was unusual for this runoff to be held on a Tuesday, as runoffs are almost always on Saturdays. The effect of having this on a Tuesday is that there were no weekend days for voting – early voting for this was Monday to Friday last week. It’s still a disgrace that Gallego lost, but if you wanted to engineer an election for low turnout, this is how you would do it.

Property tax revenue up, school funding down

Welcome to Texas.

An early projection has Texas decreasing state funding to public education, and largely using local taxes to fill the gap.

In its preliminary budget request ahead of next year’s legislative session, the Texas Education Agency projected a drop in the state’s general revenue for public education by more than $3.5 billion over the next couple of years, in part because the revenue from local property taxes is expected to skyrocket. General revenue only makes up part of the state’s education funding.

Texas Education Commissioner Mike Morath confirmed this projection in front of a state budget panel Wednesday morning as he laid out the state agency’s budget request through 2021.

The Foundation School Program, the main way of distributing state funds to Texas public schools, includes both state general revenue and local property tax revenue. Local property values are expected to grow by about 6.8 percent each year, and existing statute requires the state to use that money first before factoring in state funding.

Just a reminder, it doesn’t have to be this way. There are lots of things that could be done differently, but they all require legislative action, not to mention state leadership. There is one thing we can all do to facilitate this kind of necessary change, and that’s to vote for candidates who want to make that happen. Start with Mike Collier, who has plenty of ideas for how to fix this mess, but don’t stop there. We have a years-long record to tell us what we’re going to get if we have the same old same old in government next year. Vote to do something different or quit complaining when you don’t get it. The Chron editorial board has more.

Judicial Q&A: Julie Countiss

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. I am running these responses in the order that I receive them from the candidates. You can see other Q&As and further information about judicial candidates on my 2018 Judicial page.

Julie Countiss

1. Who are you and what are you running for?

I’m Assistant County Attorney Julie Countiss and I’m the Democratic nominee for First Court of Appeals,
Place Seven.

2. What kind of cases does this court hear?

The First Court of Appeals hears criminal and civil cases on appeal from the trial courts in a 10-county district. The district is comprised of the following counties: Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller and Washington.

3. Why are you running for this particular bench?

The justice who has served on this bench for 17 years is not seeking re-election so it is an open seat. I saw an opportunity to run in a race without an incumbent. There is rarely ever an open seat on the First Court of Appeals. Usually, the justice who is stepping down leaves before the term expires so that the governor can appoint a like-minded replacement. The concern I have with a system of appointing rather than electing state court judges is the risk of elitism and politics infecting the process. Electing judges has its own pitfalls but it provides an opportunity to people who are willing to put themselves out there and do the hard work of campaigning and getting to know the voters and the precinct chairs and members of the bar. The doors to the courtroom are meant to be wide open for everyone and I am running to keep them open.

4. What are your qualifications for this job?

I have 16 years of experience and I was appointed Assistant County Attorney in 2014. I have the honor of serving the people of Harris County every day in complex federal and state court litigation. I am also in the Nuisance Abatement Group working with law enforcement to hold business owners accountable who profit from criminal enterprises like illicit spas where women are often trafficked. For the appellate courts, it’s important to elect candidates with solid trial court experience who understand the civil trial courts in particular. I won the State Bar of Texas Judicial Preference Poll for 1st Court of Appeals, Place 7 in 2018. My campaign has been endorsed by the GLBT Caucus of Houston, the Harris County Tejano Democrats, the Mexican American Bar Association of Houston, the Pasadena Bar Association, the Texas Gulf Coast Area Labor Federation/AFL-CIO, and several former appellate court justices, including my Dad who served on the 7th Court of Appeals in Amarillo.

5. Why is this race important?

In 90% of cases, the First Court of Appeals is the last chance for parties to seek justice in both criminal and civil cases. The nine justices on the First Court of Appeals were all elected or appointed as Republicans. I’m seeking the place currently held by Justice Jennings who is not running for re-election. Justice Jennings switched parties in 2016 and is often the lone dissenter. The dissent rate is approximately 1% on the Court. There should be more diversity of experience and diversity of thinking on the Court of Appeals. I’m more likely to bring those qualities to the court than my opponent who is very vocal about his anti-equality political beliefs and his dedication to Dr. Steven Hotze and the Conservative Republicans of Harris County PAC.

I also believe the quality of justice in the First District could be greatly improved by making equal access to justice a bigger priority. The overwhelming cost, time commitment and complexity of the legal process can be a barrier for so many people. Important decisions are made in our courts every day that impact the lives of working families and those decisions can really hurt their pocketbooks, property rights, civil rights, health, custody and marital property rights and employment. This is especially true for those who can’t afford a quality attorney. I would like to see more funding for legal aid and more incentive for attorneys to provide pro bono representation to low income individuals at the appellate level.

6. Why should people vote for you in November?

I have more experience practicing law in the civil courts than my opponent. For the appellate courts, it’s important to elect candidates with civil litigation experience who understand the civil trial courts. The justices on the First Court of Appeals spend close to 70% of their time on complex civil appeals. I stay up-to-date on important appellate decisions that impact my practice areas. I maintain a robust motions and trial court practice — writing and arguing complicated and contentious legal issues frequently. I have the core values, integrity, experience and dedication to public service necessary to be an excellent justice.

There are reasons why “suspect addresses” may be legit

Real talk here.

Still the only voter ID anyone should need

Texas law requires voters to register where they live. At the same time, state law requires counties to take voters at their word that their voter registration applications are truthful.

Registrars who suspect an address may be invalid can send letters to voters asking them to confirm where the live. If residents re-submit the same address, however, registrars must process the application. Sam Taylor, spokesman for the Texas secretary of state, said the only other remedy registrars have is to refer cases to district attorneys for prosecution.

“The Texas Election Code does not grant any sort of additional investigative authority to a voter registrar in that situation,” Taylor said. “That’s where investigators and/or law enforcement get involved.”

Taylor said the secretary of state’s office has received complaints about the issue in the past, but said instances in which voters insist they live at an address that appears commercial are not a widespread problem.

“It does occur occasionally and we do occasionally hear frustrations from county voter registrars,” Taylor said.

See here for some background. Let’s state up front again that elected officials routinely game the “home address” requirement, with far less scrutiny. Let’s also state that the election process for many utility districts is a sham, again with far less attention and outcry than a few votes with PO box addresses. We could be a little more consistent about this sort of thing, is what I’m saying.

Having said all that, let’s talk about why some people might legitimately not want to put their residential address on their voter registration. Some people are dealing with stalkers and abusive exes, and thus do not want their home locations to be publicly searchable. Some people are homeless, or in transitional situations. Some people may be on temporary assignments out of state or out of the country. I have a friend from college who spent several years as a road-warrior employee for a company that provided software and training services for law firms. She literally lived in hotels or at friends’ houses year-round, and used her employer’s New York office as her mailing address. Some people live in Winnebagos and drive around the country.

I would argue that all these people have a right to vote that should not be challenged by some busybody party apparatchiks. It may be that some folks have dishonorable reasons for not using a “true” residential address on their registrations, but let’s keep some perspective here. Four thousand of them may sound like a lot, but there are 2.3 million registered voters in Harris County, so we’re talking less than 0.2% of the total. It’s basically a rounding error, even if you refuse to grant that there are any legitimate reasons for doing this. Maybe instead of obsessing over this tiny number of technical violations, we could grant ordinary voters the same deference we insist on giving elected officials when it comes to where they say they live.

(If instead we want to crack down on elected officials with dubious residential situations, I know who I’d start with. But we both know that’s not going to happen.)

It’s Runoff Day in SD19

This is an important election.

Pete Gallego

The aggressive drive by top Texas Republicans to flip a Democratic-friendly state Senate seat will culminate Tuesday as their candidate, Pete Flores, faces Democrat Pete Gallego in the final round of a special election.

The runoff for Senate District 19 will determine the successor to former state Sen. Carlos Uresti, D-San Antonio, who resigned earlier this year after 11 felony convictions. But the contest also has implications for the balance of power in the upper chamber, where the GOP is heading into the November elections with a tenuous hold on their supermajority.

As a result, GOP leaders have lined up behind Flores, a former state game warden who unsuccessfully challenged Uresti in 2016, and in some cases, activated their own campaign machinery to help him against Gallego. The Democrat is a former congressman from Alpine who previously represented the area for over two decades in the Texas House.

The GOP believes the all-hands-on-deck effort has put the seat within reach.

“We feel good about where we are,” Flores strategist Matt Mackowiak said. “If Republicans turn out on Tuesday, we will win and elect a conservative from SD-19 to the Texas Senate.”

Democrats have also mobilized, well aware of the GOP heavyweights on the other side and the anything-can-happen nature of special elections.

“This is a Democratic district, we expect it to perform like a Democratic district, but we cannot take anything for granted and that’s why we’re working hard,” said Manny Garcia, deputy executive director of the Texas Democratic Party.

See here for the previous update. This is, in a Presidential year, a 10-12 point Democratic district. Not insurmountable, but pretty solid. In a bad year like 2014 was, it’s basically 50-50. Gallego goes into this runoff as the favorite on the numbers, and he’s quite familiar with running in tight circumstances, but it is certainly possible he could lose. If that happens, that would be a big damper on any pro-“blue wave” story line for Texas. Dems collectively did just fine in Round One, outperforming the Presidential year baseline by a couple of points. And for all their big talk, Republicans did everything they could to win without having to run, which suggests that maybe the big talk is just that. As is always the case with special elections and runoffs, it’s all about who shows up. I’ll have the result tomorrow.

Interview with Sarah DeMerchant

Sarah DeMerchant

Back to the State House, and over to Fort Bend County, where there are three elections of interest this year. Fort Bend trended Democratic in 2016, and you can see that reflected in the State Rep districts. HD26 is the epicenter of Democratic growth in Fort Bend, and candidate Sarah De Merchant is back for a second attempt at taking it. DeMerchant has a degree in Computer Information Systems and a professional background in software development. She is involved in numerous community organizations and volunteered on the Wendy Davis and Barack Obama campaigns in past years. Here’s the interview:

You can see all of my interviews for state offices so far as well as other information about the candidates on my 2018 Legislative Election page.

CD23 “live poll”: Hurd 51, Ortiz Jones 43

Give this one a bit of side-eye.

Gina Ortiz Jones

Incumbent Republican Will Hurd is leading his Democratic challenger, Gina Ortiz Jones, in one of the country’s most competitive races in this year’s midterm elections, according to a new poll by The New York Times and Siena College.

The poll, which surveyed 495 people in the district by phone this week, shows Hurd with 51 percent  support compared with Ortiz Jones’ 43 percent. Seven percent of those surveyed were undecided, with a margin of error of plus or minus 5 percent.

The southwest Texas district that stretches from San Antonio to El Paso, long considered a “swing district,” is a prime target for Democrats who are looking to pick up House seats this November. Hurd, a former CIA officer, narrowly beat Democratic opponents in 2014 and 2016.

Ortiz Jones, a former Air Force intelligence officer, is hoping Democratic enthusiasm and opposition to President Donald Trump will propel her to victory in the district, which has garnered national attention and is on several “most competitive” lists.

Hurd, who is seen as a moderate Republican, has distanced himself from Trump on major issues like immigration and has criticized the president for his dealings with Russian President Vladimir Putin.

Here’s the full NYT writeup, which is worth reading. This is one of the districts The Upshot of the NYT is polling in real time, with the explanation “Our poll results are updated in real time, after every phone call. We hope to help you understand how polling works, and why it sometimes doesn’t.” Basically, when they get to 500 completed calls, they stop. That has raised some questions – which they openly acknowledge and discuss; you can follow Nate Cohn on Twitter for a lot of that – and if nothing else this is a pilot program. It’s ambitious and admirable, just (as they say with each result) not to be taken as the be-all and end-all.

In this case, I will note that in the three elections in CD23 this decade, the final numbers have been a lot closer than eight points, and no Republican has achieved a majority of the vote:

2016 – Hurd 48.29, Gallego 46.96
2014 – Hurd 49.78, Gallego 47.68
2012 – Gallego 50.31, Canseco 45.56

Even in the debacle of 2010, Quico Canseco only got 49.40% of the vote, though of course that was before this redistricting cycle. The idea that Will Hurd could get 51%, which would be a high water mark for Republicans in CD23, in a year like this seems unlikely to me. It’s very possible Hurd can win – he’s proven himself to be a strong candidate. It’s conceivable Hurd could top 50% – maybe he’s won enough people over, maybe Ortiz Jones isn’t so good on the campaign trail, who knows. I would be very, very surprised if he wins by as much as eight. We’ll see if there are any poll results out there for this district. In the meantime, The Upshot and Siena are working on CD07, while the DMN and the Times will be polling CD32, as well as statewide. Exciting times to come.

Bring back the Comets

Jenny Dial Creech would like to see one more professional sports team in Houston.

As [Tina] Thompson — the league’s first No. 1 overall draft pick — was inducted into the [Naismith Basketball] Hall of Fame, we were all reminded that the Comets set the bar for greatness in the WNBA.

“The Comets were the impact,” Thompson told ESPN earlier this year. “They made people stand up and watch. They made skeptics of the league and its ability to survive into believers. Houston set a tone. It created awareness and excitement, like a curiosity of, ‘What’s going on over there in that league? What is it that everybody’s talking about?’ Not just in the state of Texas, but also in other states and other cities, because they wanted to kind of know what the fuss was about.”

The Comets were widely supported, averaging more than 11,000 fans per game in their first five years. Cooper, Swoopes, Thompson and their teammates were stars.

Since 2008, a passionate group of Comets supporters has clamored for the return of their beloved team. It’s not that easy, of course.

There doesn’t seem to be a WNBA expansion plan. And though one team, the Liberty, is for sale, the hope in New York is that the new buyer will keep the franchise there.

But even though there isn’t a clear answer to get a team to Houston, the city should jump at any chance to get one.

We were season ticket holders for the Comets from 2001 through their last season. They may have averaged 11K per game in the first five seasons, but it definitely dwindled after that. (I can’t find season by season totals on the internet, so you’ll have to trust my memory on this.) I’d say part of that is that Houston fans can be fickle, and part of it is that the team just wasn’t as good after Cynthia Cooper retired. The team started out with a superstar trio (Cooper, Swoopes, Thompson), and never found another high-level player. There’s only so good that a basketball team can be with two stars and a bunch of mostly interchangeable spare parts. I don’t know what the WNBA’s plans are for expansion in the near to medium term, but if and when that becomes a thing, bringing a Houston franchise back to the league should be a priority. If you don’t remember the Comets or just want a refresher on their history and how damn good they were for those first four years, this Undefeated story from 2016 has you covered.

Weekend link dump for September 16

If you like manual transmissions, you will soon have one less option for buying such a car in the US.

Meet Kim Kierkegaardashian, the world’s most existentialist celebrity.

“As it turns out, it’s not easy to criminally prosecute old sex crimes, though victims may have an easier time finding justice in the civil courts”.

I’d never spent a minute of my life thinking about the relationship between JD Salinger and Joyce Maynard. I’ve long thought Salinger was vastly overrated as a writer, and I only knew the barest outline of their time together. After reading this, I’m definitely on Maynard’s side. She’s deserved better for a long time.

“Instead, my point is that transparency isn’t just a virtue for its own sake. Transparency often provides great benefits to the party that discloses information. Kavanaugh would have been better off if he’d not been ambushed in the middle of his confirmation hearing. And it was his own team’s fault that he did not know how he would be attacked in advance.”

Hillary Told the Truth.”

“Astronomers are studying the first batch of possible planets spotted by NASA’s Transiting Exoplanet Survey Satellite (TESS), which hunts for worlds around nearby bright stars.”

“Microsoft seeks confirmation that it will not be making prohibited in-kind contributions by offering a package of enhanced online account security protections at no additional charge on a nonpartisan basis to its election-sensitive customers, including but not limited to federal candidates and national party committees, as described above.”

“What happens to gadgets when you’re done with them? Too often, they explode.”

Good grief, Les Moonves is an asshole.

And as such, he deserves every last word that Linda Bloodworth-Thomason has to say to him.

Jocelyn Bell Burnell is an inspiration and a better person than most of us would be in her shoes.

“Judicial nominees famously conceal their views about legal controversies and precedent when they testify before the Senate, but what Kavanaugh has done all along is try to conceal the kind of person he is.”

“There are no Republicans left in Congress, that I know of, who know what is or isn’t credible oversight. Their ignorance prevents them from understanding the mess they have made. Oversight by Congress is a lost art. What Republicans have wrought is downright destruction. If Democrats re-take either chamber of Congress in November, they are obligated to resuscitate that function Republicans have allowed to atrophy in service to their president.”

“Identity in the early European Middle Ages was fluid, changeable, and could have many layers. Particularly in Germanic warrior cultures such as with the Alemanni, some identities were consciously sought out. You didn’t identify throughout your life with the same group you were born with, and you didn’t necessarily give up that identity when you chose another. Identities were used when needed, stored when not. In other words, a person could think of/ represent themselves as one thing in one social situation, another in a second, and yet another in a third.”

“Our biggest poverty problem is not among senior citizens. Our biggest poverty problem is, first, among children, and second, among working-age adults. That’s where our attention should be most heavily focused.”

” “I’m ecstatic he actually took the time to listen,” said the woman, a sexual assault survivor who declined to give her name because she’s still in the service. “I’m going to phone-bank my ass off for him. Because he didn’t have to do that.” ”

“Trump’s and Manafort’s legal interests may be more aligned than either of them have let on.”

Oh, hey, Paul Manafort. Please do tell us everything.

“How Little Has Changed Since Anita Hill Spoke Out Against Clarence Thomas”.

Southwest Key sues city over permit for child detention warehouse

Screw them.

The Austin-based nonprofit trying to open a shelter to house migrant children east of downtown sued the city of Houston Friday, alleging a discriminatory, baseless and politically motivated campaign to prevent it from opening the facility.

Southwest Key Programs alleges in the lawsuit, filed in federal court in Houston, that the city is “manipulating” its permitting process, invalidating previously issued permits without due process and refusing to conduct inspections or issue new permits. The suit claims these actions are discriminatory based on some combination of the city’s opposition to federal immigration policies, interest in “political gain” or the race, color, national origin, ancestry, alienage or immigration status of the unaccompanied minors who would be housed there.

The lawsuit asks a court to grant Southwest Key monetary damages and declare that it can proceed with its plans to open the facility.

“The city of Houston has ignored its own regulations, and past practices, and has knowingly misrepresented the facts to the state of Texas to deny Southwest Key a license to open the facility,” Southwest Key said in a statement released Friday. “City officials bent the rules and broke the law for the sole purpose of advancing the mayor’s political agenda.”

[…]

“The city is only interested in the safety, security and well-being of children and will continue to enforce all building codes and regulations designed to accomplish that purpose,” Mayor Sylvester Turner said in a statement. “Southwest Key has repeatedly been asked to provide plans that meet existing building codes for the intended use of the facility at 419 Emancipation Street in Houston. They have failed to do so. Hopefully, they will realize that they are not exempt and must follow the rules like everyone else. We continue to wait for them to respond. In the meantime, we will review the pleading and respond accordingly.”

See here and here for the background, and here for the Mayor’s statement. I have no idea if Southwest Key’s claims have any validity, and to be honest I don’t care. Southwest Key can go fuck themselves.

Second look at Metro’s long range transit plan

Still a work in progress, but there’s beginning to be some focus.

Transit officials inched closer Wednesday to asking voters next year for up to $3 billion for two-way express bus service along many Houston freeways, along with a few more miles of light rail.

The first stop for a new transit vision, however, is additional communication with community groups before a more refined plan is approved by Metropolitan Transit Authority, which ultimately will need voter approval to build any of it.

“The target date is still November 2019,” Metro Chairwoman Carrin Patman said of a voter referendum.

During a Wednesday workshop discussing the regional transportation plan, dubbed MetroNEXT, Metro staff detailed a number of proposed projects, developed after months of public meetings during the past 18 months.

The consensus preferences from the meetings, Metro vice president of systems and capital planning Clint Harbert said, is “really taking what we do well and making these trips faster and more reliable.”

As a result, many of the projects rely on roads and freeways, rather than rail. Metro has spent most of the last two decades mired in light rail debates and construction.

Instead, the early draft of the plan – which still will undergo months of community input before it is approved next year – includes only 12 miles of light rail, extending the Red Line north to Tidwell and south to Hobby Airport and the Purple Line to Hobby Airport.

Meanwhile, more than 34 miles of bus rapid transit – using large buses along mostly lanes solely for bus use – would spread westward from downtown. One of the key lines follows much of the path of the proposed University Line, a long-dormant light rail project that has been one of Metro’s most contentious.

The major bus rapid transit corridor would connect Kashmere to downtown, then head west to Greenway Plaza and Westchase. It would have a key connection to the bus transit planned along Post Oak, now under construction.

See here for some background. This represents the least ambitious of the possible plans, and it’s a combination of what’s most doable and what’s least controversial. Nothing wrong with that, I just wish we lived in a world where those conditions allowed for something more expansive. Even at this level, I expect plenty of friction from the usual suspects. Getting the eventual referendum passed will take a lot of engagement. I look forward to doing an interview with Metro Chair Patman about the final version of this for that election.

Another Lopez brother gets banned from taekwondo

Steven Lopez this time.

Two-time Olympic taekwondo gold medalist Steven Lopez has been banned permanently from competition by the U.S. Center for SafeSport, based on the results of the agency’s investigation into Lopez’s sexual relationship with an underage female in 2000.

The relationship, according to a report compiled by SafeSport, involved a 14-year-old neighbor whose family was a friend of the Lopez family, and occurred at a time when the complainant was a taekwondo athlete and Lopez was establishing himself as one of the sport’s dominant figures, eventually winning five world titles along with the two Olympic gold medals.

Investigators said the relationship progressed over a four-year period, beginning when the complainant was 10, from what was described as grooming to sexual contact to oral sex, the latter occurring at a time when the complainant was 14 and Lopez 22.

The sexual relationship, SafeSport concluded, took place “in violation of the SafeSport Code, the criminal laws of the State of Texas and the standards expected of USA Taekwondo members.”

Lopez, who with his older brother and coach, Jean Lopez, has been named as a defendant in a federal court lawsuit filed in Colorado, declined to be interviewed by SafeSport regarding the allegations.

See here and here for some background on Jean Lopez. Steven Lopez had been suspended in May by SafeSport, and both he and his brother, along with SafeSport and USA Taekwondo and the US Olympic Committee, are defendants in a lawsuit over this whole sorry and deeply disturbing mess. All that matters at this point is finding some justice for the victims, and doing everything we can to make sure that this shit never, ever happens again. Deadspin has more.

The other Senate races that Republicans are worried about

They’re concerned about the State Senate, too.

Beverly Powell

Republican lawmakers in the Texas Senate were sitting pretty last year.

For years, the GOP had faced roadblocks to passing some conservative measures by the chamber’s two-thirds rule, which normally required the support of 21 members to get a bill to the floor. With 20 Republicans in the chamber, that left Republicans one short of moving out bills without the help of a single Democrat.

But then in 2015, Lt. Gov. Dan Patrick led a successful move to lower the threshold from two-thirds to three-fifths. Suddenly, any measure with the backing of all of the chamber’s Republicans had all the support it needed. For that session and the ones that followed in 2017, the GOP effectively ran the Senate floor.

Now, with less than two months until Election Day, Republicans are finding that keeping that supermajority in the Texas Senate is no longer a sure thing.

Nathan Johnson

“We’re emphasizing the possibility of losses,” said Darl Easton, the Republican Party Chairman in Tarrant County, where state Sen. Konni Burton’s re-election bid as seen is a potential toss-up. “The more complacent you become, the more likely it is that you won’t win. We definitely have to keep the voters alert to the possibility of losing some seats. We’re not going to take anything for granted.”

“We are working and making sure we’re leaving no stone unturned,” added Missy Shorey, the Dallas County Republican Party Chairwoman, speaking of the party’s efforts in assisting state Sen. Don Huffines, R-Dallas. “People in Dallas certainly know there’s no chance that seat is going to flip. [Huffines] is working for every vote out there.”

The Senate is still poised to remain GOP-dominated during next year’s legislative session. What’s at stake for the chamber’s Republicans this election cycle is losing their three-fifths majority — the crucial threshold for bringing legislation to the Senate floor without any support from Democrats.

[…]

If at least two of [Konni Burton, Don Huffines, and Joan Huffman] lose their seats this election cycle, the political repercussions could be far-reaching: not only would it loosen Patrick’s stronghold over the upper chamber, Republican senators themselves would have to work across the aisle to get their bills passed.

Rita Lucido

“When you have to cross the aisle, you have to cross the river and that changes everything,” said Bill Miller, a veteran political consultant and lobbyist. “If [Dan Patrick] were to lose that three-fifths majority, his power would be diminished. That doesn’t mean he won’t be powerful, but he won’t be the most powerful person to ever hold the office — which is what he’s been up to this point.”

“If you haven’t had any power in a while and I give you power, it’s going to be tasty,” he added. “It’s a tasty morsel. If Democrats get back at the table, that will change how the Senate behaves.”

What’s also at risk is the ability to get conservative legislation to the governor. Without a Republican Senate supermajority, Easton said, measures important to hard-line conservatives might not get a hearing in the Texas House — let alone be brought up for debate on the Senate floor.

“Obviously, it’s going to be harder to get conservative stuff through the Senate if we don’t have the numbers, and if we don’t get it through the Senate then the House doesn’t even have to look at it,” Easton said. “It’s politics as usual. The stronger your base is, the more likely it is you’re going to get stuff through the House and eventually to the governor’s desk.”

Miller agreed, adding that Republicans in the Senate might have reason to worry.

“In recent cycles, Republicans have looked at every election cycle as just a reaffirmation of their dominance, and that has absolutely been the case,” he said. “This is the first time in memory where not only is that dominance in question, but there’s a high degree of confidence on the part of Democrats. So it’s a whole new world out there.”

There’s at least some polling evidence to suggest that both Powell and Johnson are in decent shape, though it’s one poll in each case and you know what we say about individual polls. I just want to observe that I wrote about the effect of Dems picking up two Senate seats last year, right after the filing deadline. Patrick could of course seek to eliminate the three-fifths rule in the same way that he eliminated the two-thirds rule; the Senate adopts the rules it abides by each session, and it only takes a majority vote to do so. All I know is that anything that clips Dan Patrick’s wings, even a little bit, is a good thing. Both Powell and Johnson have been endorsed by the DMN, for whatever that’s worth. These are all winnable races. It’s a matter of proving Dems can win in districts that weren’t drawn for them.

You know, there is a cheaper way to do this

Why are we still outsourcing inmates?

County commissioners next week will consider a proposal to outsource inmates to the Fort Bend County Jail, which would allow Harris County Sheriff Ed Gonzalez to slow — but not stop — the flow of inmates to a private prison in Louisiana.

The deal would bring as many as several hundred inmates closer to their families and attorneys, but would cost Harris County more than twice as much as shipping prisoners to Jackson Parish, La. It would also fail to address the root causes of overcrowding at the Harris County Jail, one of the nation’s largest, and prolong an elaborate game of musical chairs as the sheriff searches for jails to take his inmates.

Harris County’s 10,162 inmates are already spread across five facilities in Texas and Louisiana. It currently outsources 724 inmates, more than twice as many as any other Texas county.

[…]

“If there’s a desire to bring inmates closer to Harris County, this is the best deal we’ve been able to find so far,” said Harris County Sheriff’s Office spokesman Jason Spencer. “It doesn’t fully address the outsourcing issue, but it chips away at it.”

Harris County pays $29.33 per inmate, per day at Jackson Parish Correctional Center, with transport included. Fort Bend’s per diem is $55.00, and Harris County would also have to pay for transport. Spencer said the additional costs would push the county’s total monthly inmate outsourcing bill to around $1 million.

The jail had stopped farming out inmates in 2017 but a backlog in the courts following Harvey led to a surplus of people in the jail, and so here we are today. The monthly cost of doing so now is more than $500K, which will go up to about $1 million with the more expensive Fort Bend option. That may not be a choice as defense attorneys in Harris County have asked the Court of Criminal Appeals to bar sending inmates out of state. I know you know but I’m going to say anyway that if we had fewer inmates in the jail – and remember, the lion’s share of these inmates have not been convicted of any crime – we wouldn’t need to spend this money. It’s a choice we’re making, one we’ve been making for way too many years. At least we get to make another choice this November.

Endorsement watch: Crossing over

Nice.

Miguel Suazo

Former Texas Land Commissioner Jerry Patterson, a Republican, has endorsed Democrat Miguel Suazo in his bid to replace current Texas Land Commissioner George P. Bush. Patterson, a former political rival of Bush, cited what he called mismanagement of the Alamo and Hurricane Harvey recovery efforts.

Patterson isn’t the only Republican taking the unusual approach of withholding support from Bush. Three other former Republican primary opponents of Bush — Rick Range, Davey Edwards and David Watts — signed onto a letter with Patterson saying they would not be voting for Bush in November.

“There are things that are more important than your party,” Patterson said. “The Alamo is Texas.”

[…]

Patterson told The Texas Tribune he had spoken with Suazo and liked what he heard. He acknowledged that it is unlikely Bush loses in November; Texas hasn’t elected a Democrat to statewide office since 1994. But he said there was a “very, very remote chance.”

“The statewide candidates in Texas in November, some of their fortunes may be dependent of the fortunes of Donald Trump,” Patterson said. “But that’s not the point. I don’t have any compulsion to always back the winner. My compulsion is to be true to my convictions.”

Suazo said he was “honored” to have Patterson’s endorsement, saying the former commissioner had put “Texas before Party.”

If you care to search the archives here, you will see that I have long had some affection for Jerry Patterson. There’s plenty I don’t agree with him on, but he always took the job of Land Commissioner seriously, and I respected him for that. He was also a rare member of the ruling class that was not himself a plutocrat; as a story about the financial disclosures of statewide officeholders revealed, his two sources of income as Land Commissioner were his salary for that job, and his military pension. I saw him express some approval of Miguel Suazo’s positions regarding the Alamo a couple months back, and I wondered at this time if that might culminate in an endorsement. I’m glad to see that it did. He’s right that in the end it probably won’t have much effect on the outcome, but it’s good to know that Patterson is still the kind of person I thought he was when he was in office. Thanks for that, Jerry.

And then later in the same day, we got this.

Bennett Ratliff, a Republican who preceded Matt Rinaldi as state representative for his Dallas County district, endorsed Rinaldi’s Democratic opponent, Julie Johnson.

“As a lifelong Republican, I have supported and worked for Republican candidates since before I was able to vote, I have voted Republican since I was able and served as a Republican elected official. I have supported the party, our nominees, and I have never endorsed a Democrat for office. But extraordinary times call for extraordinary measures,” Ratliff wrote in a message to supporters on Friday.

Ratliff represented House District 115 — which covers Irving, Coppell, Carrollton, Farmers Branch and Addison — in 2013 after defeating Rinaldi in the 2012 Republican primary. But Rinaldi won the seat from Ratliff in a rematch in 2014. Rinaldi once again beat back a challenge from Ratliff in 2016, before narrowly edging out his Democratic opponent.

Ratliff said the upcoming session would be a critical moment for Texas public schools and said Rinaldi was “in the pocket of a small group of wealthy donors” and had failed to advocate for Texas schoolchildren and local taxpayers.

“In addition to his complete ineffectiveness and lack of decorum in office, Representative Rinaldi voted 10 times against legislation to reform our school finance system, legislation that would have helped public schools and provided local tax relief,” Ratliff said. “As a result, I believe it’s time we change our representation, so we can refocus the priorities of our State Legislature.”

[…]

In his letter, Ratliff, a former Coppell school board member, said he believed Johnson would be a good advocate for Texas school students, teachers and local taxpayers.

“While we don’t agree on every issue facing our state, we both agree and understand that Republicans and Democrats must come together on the issue of public education for the future of our children,” Ratliff said. “I encourage my friends and neighbors to join me in voting for Julie Johnson.”

Johnson is endorsed by Texas Parent PAC, a bipartisan political action committee that advocates for high quality public education. Ratliff is on the PAC’s leadership board.

Johnson, a personal injury lawyer from Addison who was also endorsed by the Human Rights Campaign and Planned Parenthood, said she has Republican support because many of the district’s constituents don’t feel represented by Rinaldi.

“Former Representative Ratliff’s support for my candidacy in House District 115 is proof of what we’ve been saying for months– Texans are tired of extremist partisan politics and want their elected officials to put people first, no matter what,” Johnson said in an email statement. “It’s time to focus on the issues that affect us the most, like fully funding our public schools and taking care of our teachers. I will work with anyone in the Texas House who has a good idea and I will vote down bills that are bad for Texans regardless of where they come from.”

Very nice. And the fact that Rinaldi is one of the worst members of the House makes it that much sweeter. Now if three makes a trend, we have a trend, because right after the primary, Lt. Governor candidate Scott Milder endorsed Mike Collier over Dan Patrick. How much difference these endorsements all make I couldn’t say, but I’d sure rather have them than not.

Crosswinds: Cruz 47, O’Rourke 44

It’s poll time again.

Rep. Beto O’Rourke

In a sign of just how crucial the millennial vote might be in the upcoming mid-term elections, a statewide poll released Tuesday shows Ted Cruz leading 47 percent to Beto O’Rourke’s 44 percent among likely Texas voters. Forty-nine percent of Texans between the age of 18-39 identify as supporting O’Rourke, while Cruz’s strongest support comes from voters ages 40 and above.

The Crosswind Texas Pulse Poll also hinted at some dissatisfaction toward Cruz from his own party: While the poll indicates an almost-equal party vote – with 81 percent Republicans favoring Cruz and 83 percent Democrats for his opponent – a surprising 15 percent of Republicans indicated their intent to vote for the Democrat. Forty-six percent of respondents who did not identify with either major party signaled their intent to vote for O’Rourke, versus 39 percent of non-affiliated or independent voters intending to pull the lever for Cruz.

Fifty-five percent of Hispanic voters and 57 percent of Black voters also expressed an intent to vote for O’Rourke, while 52 percent of white voters indicated their support for Cruz. However, 56 percent of voters who do not identify as white, Hispanic or Black also responded positively for Cruz. Only slightly more women overall support O’Rourke than Sen. Cruz, at 47 versus 42 percent.

“Texans are in for a nail-biter that has national implications,” said Crosswind CEO Thomas Graham. “O’Rourke is showing surprisingly strong support in traditionally red-state Texas, and Cruz has the edge in organization at this point, but clearly O’Rourke is gaining some ground.”

Meanwhile, Texans clearly favor incumbent Greg Abbott, who is holding steadily in his race against Lupe Valdez, although her 39 percent – to Abbott’s 52 percent – is likely to catch state GOP leaders by surprise. The poll results largely mirrored that of the senate race demographically and along party affiliations, although 45 percent of Texas women are showing more support for the current governor than for challenger Valdez’s 43 percent female support.

Perhaps most surprising is that in both races, a percentage of likely voters identifying as “conservative” seem ready to jump ship to non-conservative candidates: 14 percent for O’Rourke, and 16 percent for Valdez. Those identifying as “liberal” seem less inclined to go against those stated values, with just 3 percent for Cruz and 6 percent for Abbott.

The Crosswind Texas Pulse Poll, a periodic survey of Texans’ opinions on a variety of cultural, economic and political issues, was conducted by Crosswind Media & Public Relations from September 6-9, 2018. The survey included 800 likely voters in Texas. The margin of error is +/- 4 percentage points with a 95 percent level of confidence.

Of the 800 likely voters surveyed, 39 percent identified Republican and 27 percent identified Democrat, with 34 percent unidentified.

And that brings our 14-poll average to 46.29 for Cruz, and 40.71 for Beto. According to RG Ratcliffe, pollster Crosswinds Media and Public Relations is “a national public relations firm based in Austin and leans Republican”. Maybe this result will finally get Chris Wilson to quit whining about how everyone is overestimating Beto’s numbers. Instead, you can add this to the reasons why Republicans are freaking out about Cruz.