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May 24th, 2018:

Post-runoff thoughts

I suppose one’s view on Democratic primary runoff turnout is a matter of perspective. I wrote that it was way more than the turnout of any primary going back to 2006 – indeed, more than double the turnout of any year other than 2012. The Trib saw it differently:

As of 11 p.m. Tuesday, just 415,000 Democrats had cast ballots in the gubernatorial runoff. For reference, that’s a decline of almost 60 percent from the 1 million Texans who cast ballots in the March Democratic primary.

That’s the largest primary-to-runoff decline — and the smallest number of ballots cast — in the 14 Democratic gubernatorial primary runoffs held since 1920. That year, 449,000 Democrats voted, according to Texas Election Source‘s analysis of Texas State Historical Association data.

They also used words like low-key and abysmal. I have no idea what they were expecting, but I guess this wasn’t it. The DMN calls is “historically low”, with extensive quotes from the guy behind Texas Election Source, though he does allow that there are other ways of looking at this.

As for me, I was comparing turnout in any statewide primary, while the Trib and the DMN limited themselves to gubernatorial primaries. Which means that their most recent example is 1990, the year Ann Richards topped Jim Mattox in a vicious, nasty runoff. I think we can all agree that the Texas of 1990 was a little different than the Texas of 2018 is; I’m not even going to comment on the Texas of 1920. Be that as it may, here’s another look at runoff turnout:


Year     Runoff      March  Runoff%
===================================
2018    432,180  1,042,914    41.4%
2016    188,592  1,435,895    13.1%
2014    201,283    554,014    36.3%
2012    236,305    590,164    40.0%
2008    187,708  2,874,986     6.5%
2006    207,252    508,602    40.7%
2002    620,301  1,003,388    61.8%

Here I went back to 2002. In all cases, I took the number of votes cast in the busiest primary for that given year’s primary to the busiest runoff for the same year, which in some cases was the only statewide runoff. As such, we’re comparing races for President, Senate, and Governor to races for Senate, Governor, and Railroad Commissioner. Not perfect, I suppose, but at least it gives me data points from this century. You can make what you will of all this, as clearly it’s in the eye of the beholder, but I have a hard time lining up the Trib’s words with the numbers before me.

The primary wins by Veronica Escobar and Sylvia Garcia ensures that Texas will have at least two more women among its Congressional delegation. Gina Ortiz Jones and Lizzie Fletcher, and to lesser extents Jana Sanchez, MJ Hegar, Jan McDowell, Lorie Burch, and Julie Oliver could increase that number. They’re all Dems; thanks to Bunni Pounds’ loss in CD05 there will be no more Republican women in Congress from Texas.

Republicans may increase their female membership in the House, as Cynthia Flores won the right to succeed Rep. Larry Gonzalez in HD52 and Lisa Luby Ryan ousted Rep. Jason Villalba in HD114. Both will be favored in November, Flores more so. Democrats are actually down one in the House; Jessica Gonzalez ousted Rep. Robert Alonzo, but Trey Martinez-Fischer came back at Rep. Diana Arevalo’s expense, and Carl Sherman will succeed the retiring Rep. Helen Giddings. Dems do have something like 35 female candidates running against male Republican incumbents, and about a dozen of them have a chance to win that ranges from “top tier pickup opportunity” to “if the gods are truly smiling on us”. So, the story is far from over, but there are no guarantees.

As for the Senate, the Dems have two female candidates running in the swingiest districts, but both of them have female incumbents. There are also two female candidates running against male incumbents, in districts that are not as swingy. The single best chance of adding a female member to the Senate is in SD08, with Angela Paxton. Let that serve as a reminder that having more women in a particular group is not by itself an assurance of improvement.

Overall I’d say I’m happy with how things turned out. I was rooting for Fran Watson in SD17, but it’s not like Rita Lucido is an unsatisfactory choice. We have a strong slate, and statements from Watson and Laura Moser in support of unity will help us all get past the increasingly tiresome “establishment/outsider” narrative. By the way, about an hour after polls closed on Tuesday I got a press release from the Harris County GOP with “Far Left Lizzie” in the subject. So you know, that narrative didn’t quite take hold everywhere.

UPDATE: I had a slightly outdated turnout total for 2018, probably because I started writing this when there were still some precincts out. The number in there now is what is on the SOS election night returns page.

CCA refuses to hear Ron Reynolds’ appeal

It’s getting awfully close to midnight.

Rep. Ron Reynolds

The Texas Court of Criminal Appeals has refused to review state Rep. Ron Reynolds’ criminal conviction and one-year jail sentence, according to online court records.

The Missouri City Democrat had asked the court to overturn a 2015 misdemeanor conviction in Montgomery County for illegally soliciting clients for his personal injury practice. Reynolds still has 15 days to file a motion for a rehearing, according to a staffer at the court, but it is likely that Reynolds will soon serve his year-long jail sentence.

Joel Daniels, the main prosecutor in Reynolds’ trial and chief of the white collar division in the Montgomery County District Attorney’s Office, said the court’s next step would be to issue a mandate to the trial court to carry out the sentence.

“That will mean that Mr. Reynolds’ case will be put back on the docket, and he’ll be brought into court” and taken to jail, Daniels said.

Before then, Reynolds can request a rehearing, as the court staffer said, and, in theory, he could request time to appeal to the U.S. Supreme Court, Daniels said. But that would be “extremely unusual and very rare.”

See here and here for the background. I don’t know if Rep. Reynolds has any tricks remaining in his bad to stay out of jail at this point. If not, then this will come to exactly the point I’ve been saying it will, which is that he’ll be in jail while a legislative session is happening, leaving his constituents without representation during that time, all because he was too self-centered to recognize the need to put their needs first and step down. To be fair, he can still do that: If he resigns effective November 6, we can at least get a special election in January and a new rep in place by March. Not ideal, but better than a Rep in the pokey. Reynolds sent me a whiny message via Facebook back in 2015 when I first called on him to leave office and get his personal life in order so I have no illusion that he’ll listen to me this time, but there it is. You did some good things in the Legislature, Ron Reynolds. Now do one more good thing and let someone else take your place. There’s nothing more to say about this.

Buc-ee’s wins in court

That was quick.

After about six hours of deliberation, a jury in Houston found Tuesday that Choke Canyon company’s alligator logo violated state and federal trademark law, infringing on the pre-established Buc-ee’s beaver mark established by the popular Texas road stop chain.

“It’s absolutely not about a beaver versus an alligator,” said Jeff Nadalo, general counsel for Buc-ee’s Ltd. “There are more than 10 similarities between the two marks that we presented to the jury in this case.”

[…]

The judge asked the lawyers to meet and try to hammer out an injunction on how to deal of trademarked materials that violate the jury’s finding.

The damages phase of the trial remains pending.

See here for the background, and here for a later version of the story. Six hours of deliberation for a week-long trial is pretty darned quick. I may have been skeptical based on my view of the two logos, but I wasn’t there in court and neither were you. We’ll see what the damages look like.

Texas blog roundup for the week of May 21

The Texas Progressive Alliance’s heart is broken for the people of Santa Fe as it brings you this week’s roundup.

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