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July 9th, 2018:

Failed indy Senate candidate accuses Cruz campaign of sabotage

I’m gonna fire up the popcorn popper.

Jonathan Jenkins

When independent U.S. Senate candidate Jonathan Jenkins missed the filing deadline for the November ballot last month, it surprised the political observers who had been keeping an eye on his Texas run.

Jenkins, a Euless tech entrepreneur, seemed to be running a credible — if unusual — campaign, and he had professed full confidence he would get the more than 47,000 signatures need to qualify for the ballot. Yet the deadline, June 21, came and went without Jenkins submitting the signatures, and he and his staff went dark for days.

Now Jenkins is speaking out, alleging that the signature-gathering firm he hired misled him about the progress of the petition drive — and that associates of the Republican incumbent, Sen. Ted Cruz, meddled in the effort to keep Jenkins off the ballot. All this occurred while Jenkins paid over $350,000 to the firm, California-based Arno Petition Consultants.

That’s according to an election complaint Jenkins has filed with the Texas Secretary of State, accusing the Cruz campaign of a “coordinated and deliberate attack” against the petition drive. The complaint does not cite a specific law that Jenkins believes the Cruz campaign broke, but it asks the secretary of state’s office to investigate the allegations and refer the matter to the state attorney general. Jenkins has said he plans to look into “all other legal remedies” available.

[…]

“The rigors of democracy aren’t cut out for everyone,” Cruz strategist Jeff Roe said. “Sounds like he proved to his petition firm the old axiom, ‘There’s a sucker born every minute.’ He should have gone out and collected signatures with volunteers like everyone else does, not hired a band of out-of-state petitioners.”

[…]

Jenkins’ complaint acknowledges a close relationship between the Indie Party and his campaign, saying the company retained Arno in April to gather more than enough signatures to make the ballot in Texas. Arno was contracted to collect the signatures at a rate of $7.50 each and submit weekly invoices reflecting how many signatures it got for the previous week, according to the complaint.

Yet as the June 21 deadline got closer, Jenkins began to have communications problems with Arno and grew concerned that the firm was not following through on its commitment, Jenkins says in the complaint. Hours before the deadline, Jenkins finally received a package of nomination petitions from Arno — and he was told it contained only 35,500 signatures, far short of the required amount, according to the complaint.

Throughout the process, Jenkins also become convinced that the Cruz campaign was improperly interfering in the petition drive. Jenkins claimed Michael Arno, the president of the firm, had told him at multiple points that the Cruz campaign had contacted him to inquire about his work for the Jenkins campaign. Things got more serious closer to the deadline, according to the complaint, which says Jenkins’ campaign “began to hear reports from the field” that Cruz associates were threatening and harassing petition circulators.

See here and here for the background. I almost don’t know where to begin, so let me get the icky bit out of the way first: Jeff Roe has a point. It’s common enough to outsource the petition-circulating process – Carole Keeton Strayhorn did that in 2006 – but how can you be so disconnected from it that you have no idea how many signatures have been collected? Bear in mind, paid circulators tend to gather a lot of ineligible signatures, so you need to make sure they’re hitting a target that will include a sufficient margin of error. Among other things, that means you need to check their work and keep your own count of where you are. I was already inclined to think that Jonathan Jenkins was a dilettante by the nature of his candidacy and the bizarre composition of the so-called “Indie Party”. Nothing about this changes my mind. Just from a project management perspective, this is an embarrassing failure.

As for the actual allegations, Jenkins’ complaint doesn’t say any laws were broken, and they didn’t provide any evidence to the Trib. I have no idea what they expect the SOS to do – maybe, like everything else with Jenkins and the “Indie Party”, this is just a publicity stunt. Be that as it may, the idea that the Cruz campaign – which apparently didn’t actually deny any of the accusations – felt the need to pull dirty tricks on them is hilarious. Feeling a little insecure in your electoral position there, Teddy? Don’t want to have a straight-up mano-a-mano race against Beto O’Rourke (okay, mano-a-mano-plus-Libertarian)? I mean seriously, don’t you have anything better to do? Just to be clear, it’s fine by me if the answer to that is No. Keep being an ass to as many people as possible. It’s your brand. I look forward to the next update in this amazingly inconsequential saga.

Austin drops its bag ban

What choice did they have?

The City of Austin says it will no longer enforce a ban on single-use plastic bags at most retail outlets, following a state Supreme Court ruling last month that struck down Laredo’s bag ban.

The court ruled Laredo’s ban was at odds with state law, but urged the Legislature to pass more specific laws to allow similar bans in the future.

The Texas Health and Safety Code says that local governments in Texas may not “prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law.” Opponents of bag bans argued that language makes the bans illegal, and the court agreed, saying state lawmakers haven’t effectively defined how plastic bags fit into that regulatory framework.

[…]

“Following the recent ruling from the Texas Supreme Court, the City will not enforce our current rules,” a city spokesperson said in an emailed statement. “While it’s disappointing that the City is losing a tool to help protect the environment, we are also confident that the Austin community will continue to do their best to minimize plastic bag waste. Meanwhile, the City of Austin will continue to educate Austinites about the benefits of bringing reuseable bags with them every time they shop.”

Austin officials say prohibiting retailers from giving away disposable plastic bags helped reduce litter, save wildlife and stop bags from clogging up storm drains.

“The people of Austin have gotten used to this. Not a single job was lost. Not a single business was harmed,” said Andrew Dobbs with Texas Campaign for the Environment. “We hope businesses and residents of this city will continue to do what works, regardless of what the Texas Supreme Court says.”

See here for the background. AG Ken Paxton has sent a letter to the other cities that had similar ordinances warning them they need to do the same, and I’m sure they will. The good news here, if you want to be optimistic, is that this was a statutory ruling, not a constitutional one. Which is to say, the Lege could fix this by amending the law in question. That’s not going to happen without a massive change in the type of legislator we elect, but it is possible, and something we can work towards.

More on flood tunnels

They’re a thing, I swear.

Japanese flood tunnel

While it’s far from clear whether it will ever happen, the concept almost immediately generated widespread response when it was announced earlier this spring. Local officials told the Houston Chronicle it’s outside-the-box thinking with benefits that could outweigh the heavy price tag. Residents reading about the project on social media have expressed fears of sinkholes from the underground construction. Even entrepreneur Elon Musk, who owns tunnel construction company The Boring Company, jumped into the conversation on Twitter.

So would such a tunnel system really be a logical solution for Houston’s flood woes?

Drilled 100 to 200 feet underground, the underground channels act as temporary storage for floodwater during intense rainstorms, said Larry Larson, a senior policy adviser at the Association of State Floodplain Managers. Once the rain has stopped, the stormwater can be used for a variety of purposes. It can be pumped back to the surface into a river or wetlands or even used to recharge aquifers.

If cities have a section of river that regularly overflows, a tunnel can convey extra water underground and help reduce the amount of water that flows onto land during storms, said Christof Spieler, project manager of the Greater Houston Flood Mitigation Consortium. Large-scale tunnels can also act as an additional set of waterways, taking pressure off undersized drainage networks, he said.

But Larson and Spieler said it’s hard to tell if such a system would make sense for Houston — a low-lying coastal city that’s experienced three 500-year floods in the past three years.

[…]

Flood control tunnels are nothing new to Texas — San Antonio built the San Pedro Creek Tunnel in 1991 and completed the longer San Antonio River Tunnel in 1997. Austin continues to put the finishing touches on the Waller Creek Tunnel and a tunnel in East Dallas received the long-awaited go-ahead in February.

Should the district choose to pursue the project, tunnels could cost up to $100 million per mile, Steve Costello, the city’s chief resilience officer, told the Houston Chronicle.

See here for the background. There’s a longish and very wonky conversation with Larson and Spieler about flood control, which if you read it you will know is basically an oxymoron, so do read the full article. There wasn’t any mention of other Texas flood tunnels in the earlier article, so I appreciate the Trib bringing those examples. I have a hard time imagining that this will happen here, but as noted the cost of the study is negligible, so why not at least examine the possibility? The worst that can happen is you wind up crossing it off the list.