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June 11th, 2017:

Weekend link dump for June 11

“There may come a day when you will have to be The Advocate for someone you love. Do not do it under duress because that just creates more problems. Do not do it because you think it will somehow get you in the will because it may not. Do it because you love that person and they just plain need you to be The Advocate. And you must be satisfied with no reward other than that knowing you did the right thing and that you did it reasonably well.”

Two Cosby accusers grapple with the legacy of their stories.

“Having written about these issues for a very long time, here are a couple of truths I learned the hard way: Hollywood is way too quick to pat itself on the back for the smallest and most overdue steps forward when it comes to diversity, inclusion and representation — and the industry is far, far too quick to let the backsliding begin. And when that backsliding does begin (as it has many times in the past), many who mouth easy platitudes — instead of doing the real work of increasing the diversity of the industry — very easily and even reflexively turn a blind eye to the return to the status quo.”

“It cannot be the case that all actions are exempted from potential punishment if one can justify them on the basis of a “sincerely held religious belief.” Inevitably, we must pick and choose, with precious little genuine guidance from lawmakers or the Supreme Court.”

“Trump has no actual policy to change the trends outlined above. Making it easier for coal owners to pollute watercourses and steal the pensions of their retirees, and gutting research into clean energy, are mere acts of spite, as per Krugman. They make no difference to the trends.”

Sometimes, a man just has to mow his lawn, you know?

“Rule of thumb: If it’s hard you’ll have trouble finding people who want to do it. There’s no shortage of people who want to be programmers, designers, strategists, social media consultants, entrepreneurs, investors, etc… But try finding people to work the farm. Hard work is doing the work other people don’t want to do.”

“Advocates of better government should call for a simple reform: any company that receives most of its revenue from the federal government and wants to keep getting that money can no longer pay its CEO more than the government pays the president of the United States.”

“This last really bad week seems to have gotten us to a new point in which administration leaders are openly saying that the President doesn’t speak for himself or his administration. Either in people’s understanding of what Presidents are supposed to do or in the humiliations these descriptions likely amount to for Trump himself, this does not seem like a sustainable solution to the Trump problem.”

RIP, Jimmy Piersall, former MLB player and author of “Fear Strikes Out”, about his battle with mental illness.

RIP, Peter Sallis, the voice of Wallace in the “Wallace and Gromit” movies.

“It is bizarre to design your country’s energy policy — which, even if you disregard climate science, has important implications for public health and international diplomacy — around the goal of maximizing jobs in an industry that employs fewer people than Arby’s.”

“I have often run across men (and rarely, but not never, women) who have become so powerful in their lives that there is no one to tell them when they are cruel, wrong, foolish, absurd, repugnant. In the end there is no one else in their world, because when you are not willing to hear how others feel, what others need, when you do not care, you are not willing to acknowledge others’ existence. That’s how it’s lonely at the top. It is as if these petty tyrants live in a world without honest mirrors, without others, without gravity, and they are buffered from the consequences of their failures.”

If you still have VHS tapes, you better start converting them to digital format, because those tapes will not last forever.

“Top lawyers with at least four major law firms rebuffed White House overtures to represent President Trump in the Russia investigations, in part over concerns that the president would be unwilling to listen to their advice, according to five sources familiar with discussions about the matter.”

“If there is an opportunity, we need to triage Jeff Sessions out of power right now. Trump is the terminal disease that we cannot cure just at the moment. Sessions is gangrenous leg that needs to be sawed off before the infection spreads any further.”

“There is always something obscene about the abuse of power, even if it isn’t sexual.”

RIP, Glenne Headly, Emmy-nominated TV actress and star of films such as Dick Tracy and Dirty Rotten Scoundrels.

RIP, Adam West, once and always the best Batman.

May runoff results

I know I’ve been all about the Pearland and Pasadena runoffs, but this is easily the big story from yesterday.

Ron Nirenberg

With little more than 75% of precincts reporting, Mayor Ivy Taylor conceded victory to Councilman Ron Nirenberg (D8) just after 9 p.m. on Saturday, June 10.

Nirenberg received 54.43% of the vote to Taylor’s 45.57% so far. Exactly 5,266 votes separated the two in the early voting results. That margin has grown to more than 8,080.

“There are many issues obviously that differentiate my vision from Mayor Taylor’s – on transportation issues, on diversity issues, on public safety issues – and I think that the voters have made some clear choices about the direction that they want to take the city,” Nirenberg said. “This is a brand new Council so we want to get that everyone together and start working on a unified direction for the city.”

It’s been a fierce runoff over the past month with negative mailers and television ads coming from both sides. An incumbent upset is not unheard of, but relatively rare in San Antonio.

[…]

“In terms of specific issues, the things I’ve been talking about are getting modern transportation strategy put on paper so we can start developing it,” Nirenberg said. “Part of that will be voter approval of a mass transit system for San Antonio.”

You can see vote totals here. What Nirenberg says all sounds fine, but when I think of Ivy Taylor, I think of her vote against San Antonio’s non-discrimination ordinance, and more recently her vote against the SB4 lawsuit. Suffice it to say, I am pleased by this result. Congratulations, Mayor-elect Nirenberg.

Coming closer to home, results were mixed in Pasadena.

Pasadena City Council member Jeff Wagner beat businessman John “JR” Moon Saturday in the heated election in Pasadena to replace outgoing Mayor Johnny Isbell,

Wagner is closely aligned with Isbell, who has tightly controlled the city politics for decades but could not run again because of term limits.

“Voters in Pasadena don’t seem to be ready for change,” said University of Houston political scientist Brandon Rottinghaus. “It’s hard to persuade voters about change in a local election.”

[…]

Besides the race for mayor, Daniel Vela lost to Felipe Villarreal who were both vying for an open city council seat representing District A.

“It was going to be a tight race, either way,” Villarreal said. “I’m glad I got the better part of it.”

Vote totals are here, at least until the canvass. Villarreal was trailing after early voting, then won on Runoff Day by a 2-1 margin, which put him over the top. He was a Project LIFT candidate, so winning that race takes a bit of the sting off of the Mayor’s race result, and keeps Council at the previous mix, meaning new Mayor Wagner has four allies and four skeptics serving with him. We’ll see what he does with the voting rights lawsuit appeal – he had said he’d put it before Council, but as things stand he won’t get a majority to favor continuing the appeal. At best, it’ll be a 4-4 tie, which puts the ball back into his court. And it should be noted that despite Prof. Rottinghaus’ pessimism, the anti-Isbell forces were ten votes in May away from having control of Council. It’s not quite progress yet, but it’s not a step back either.

Pearland, alas, was less positive.

Pearland Mayor Tom Reid was leading challenger Quentin Wiltz in early returns Saturday in an election runoff over who will lead the fast-growing south Houston suburb.

And in the race for a newly created City Council position, Woody Owens was leading Dalia Kasseb in early returns.

The runoff elections reflected a city grappling with change in a suburb that has grown significantly in recent decades, with new and diverse residents moving to master-planned communities built on the west side of town.

Vote totals are here, though as of nearly 10 PM all there was to see were the early vote numbers. Both Reid and Owens were over 60%, so unless something shocking happened yesterday, they won easily. Turnout was higher for this race than it was for May – indeed, more votes were cast before yesterday than for the May election – so it seems the forces of the status quo carried the day. Unfortunate, but there it is. Thanks to Quentin Wiltz and Dalia Kasseb for running honorable campaigns and providing a base to build on for next time.

We have the Paxton case

By “we”, I mean Harris County.

Best mugshot ever

Attorney General Ken Paxton’s criminal case is officially moving to Harris County.

In an order signed Friday morning, Judge George Gallagher vacated several previous orders scheduling hearings in the case and directed the Collin County District Clerk’s Office to transfer the proceedings to the Harris County District Clerk.

Gallagher’s order effectively triggers the search for a new judge in the case, following up on a Texas Court of Criminal Appeals ruling this week that removed him as the judge who would presided over the embattled attorney general’s securities fraud and registration case. Special prosecutors asked the court to keep Gallagher.

The ruling marked a win for the first-term Republican attorney general who has been fighting to remove the judge from his case since Gallagher opted to move the trial out of Paxton’s home of Collin County in April.

See here, here, and here for the background. I always want to put the “win” here in quotes, since I believe it’s a victory in name only, with no practical effect. But I suppose it makes Paxton feel better, so we mustn’t discount that.

The DMN adds some technical details.

A new judge will be assigned by random. Harris County assigns judges for criminal cases using the “Automated Random Assignment System,” a kind of massive bingo cage containing 220 balls that spits out assignments.

On Thursday, Harris County District Courts Administrator Clay Bowman told The Dallas Morning News that Administrative Judge Robert Schaffer would be shepherding the assignment.

“Our local administrative judge is the person who will be handling, sort of shepherding, the assignment of the case,” said Bowman, who added Olen Underwood, the regional presiding judge for Harris and 34 other counties in southeast Texas, would likely also be involved.

There are nearly two dozen criminal district judges in Harris County who could be assigned the case. Nearly half are Democrats. These judges, who are locally elected, have received thousands of dollars in donations from all three prosecutors and two of Paxton’s top attorneys in the past.

This story also calls the ouster of Judge Gallagher as a “win” – specifically, a “major victory” – for Paxton. I wonder if that narrative will change if he draws a Democratic judge. Not that it should matter, of course – it shouldn’t matter in any event who the judge is, since they’re supposed to be all impartial and judicial and all. But whatever. The updated Chron story, which refers to Paxton being handed a “major win”, says that the judicial bingo process should occur “sometime very early [this] week”, so we’ll keep an eye on that. Mazel tov to whoever gets this one dropped in their lap.

Yes, there will be constitutional amendments on the November ballot

They’re not very interesting, which in this environment is a blessing, but they will be there.

House Joint Resolution 21

What will be on the ballot: “The constitutional amendment authorizing the Legislature to provide for an exemption from ad valorem taxation of part of the market value of the residence homestead of a partially disabled veteran or the surviving spouse of a partially disabled veteran if the residence homestead was donated to the disabled veteran by a charitable organization for less than the market value of the residence homestead and harmonizing certain related provisions of the Texas Constitution.”

House Joint Resolution 37

What will be on the ballot: “The constitutional amendment relating to legislative authority to permit credit unions and other financial institutions to award prizes by lot to promote savings.”

House Joint Resolution 100

What will be on the ballot: “The constitutional amendment on professional sports teams’ charitable foundations conducting charitable raffles.”

Senate Joint Resolution 1

What will be on the ballot: “The constitutional amendment authorizing the Legislature to provide for an exemption from ad valorem taxation of all or part of the residence homestead of the surviving spouse of a first responder who is killed or fatally injured in the line of duty.”

Senate Joint Resolution 6

What will be on the ballot: “The constitutional amendment authorizing the Legislature to require a court to provide notice to the attorney general of a challenge to the constitutionality of a state statute and authorizing the Legislature to prescribe a waiting period before the court may enter a judgment holding the statute unconstitutional.”

Senate Joint Resolution 34

What will be on the ballot: “The constitutional amendment limiting the service of certain officeholders appointed by the governor and confirmed by the Senate after the expiration of the person’s term of office.”

Senate Joint Resolution 60

What will be on the ballot: “The constitutional amendment to establish a lower amount for expenses that can be charged to a borrower and removing certain financing expense limitations for a home equity loan, establishing certain authorized lenders to make a home equity loan, changing certain options for the refinancing for home equity loans, changing the threshold for an advance of a home equity line of credit, and allowing home equity loans on agricultural homesteads.”

You can click over to see the brief explanation of what these mean, but honestly none of it is that interesting. This is the reason why you didn’t hear about any of this during the session. Only a few narrow interests care about any of this, and it’s unlikely there will be much of a campaign for any of it. Don’t expect there to be much turnout in places that don’t have some other elections on their November ballots.

Our electors can continue to be faithless

So much for that.

The momentum seemed to be there.

After Donald Trump easily defeated Hillary Clinton in Texas, two of the state’s 38 Electoral College members cast ballots for someone other than the Republican nominee — a less-than-flattering moment for a state with a strong GOP tradition. In the days — even hours — after the Electoral College meeting in December, some of the state’s top Republicans rallied around proposals to “bind” presidential electors to the result of the statewide popular vote.

“This charade is over,” tweeted Gov. Greg Abbott shortly after the meeting ended. “A bill is filed to make these commitments binding. I look forward to signing it & ending this circus.”

Yet no such legislation made it to Abbott’s desk over the course of the legislative session that ended in May. Instead, lawmakers are now seeking to study the issue during the interim, an anticlimactic end to a session that began with major-league support for the cause.

“We were kind of stuck,” said Eric Opiela, the former general counsel for the Texas GOP — which ended up opposing the way one of several filed bills dealt with “faithless electors.”

The debate appeared to boil down to whether such electors should be fined after going rogue or be immediately disqualified if they submit a ballot for someone other than the winner of the statewide popular vote.

See here for the whole saga. The rest of the article tells the story of the bills that failed, which is what it is. The Electoral College is a dumb anachronism, but I say we should either honor the original intent and let the electors make their own choices, or get rid of it altogether and go with a popular vote. I don’t see us getting the latter any time soon, so at least we made it through this session without making what we do have worse.