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July 17th, 2018:

Dems keep posting very strong finance reports

Wow.

There are few bigger warning signs for a member of Congress that their re-election may be in doubt than when a challenger outraises them. In Texas, it just happened to seven incumbents, all Republicans.

Since last week, when U.S. Rep. Beto O’Rourke, D-El Paso, revealed that he had raised a stunning $10.4 million between April and June in his bid to unseat Republican U.S. Sen. Ted Cruz, a wave of Texas Democrats running for U.S. House seats similarly blasted out their own unusually strong fundraising numbers.

The numbers only became more striking when compared to their rivals: Some Democratic challengers raised two, three or even four times what their Republican incumbent rivals posted. All congressional candidates were required to file their second-quarter fundraising reports with the Federal Election Commission by Sunday.

Along with Cruz, the six congressional incumbents who were outraised are delegation fixtures: U.S. Reps. John Carter of Round Rock, John Culberson of Houston, Will Hurd of Helotes, Pete Olson of Sugar Land, Pete Sessions of Dallas and Roger Williams of Austin.

In the 21st Congressional District, where Republican U.S. Rep. Lamar Smith is retiring, GOP nominee Chip Roy trailed his Democratic rival, Joseph Kopser. Several other Democratic candidates running in Republican strongholds across the state also posted abnormally large six-figure fundraising hauls.

One of the biggest red flags for Republicans came from Carter’s once-safe 31st District. Thanks to a successful viral video, veteran MJ Hegar raised more than four times Carter’s second-quarter sum – the biggest split among the races where Democrats outraised GOP incumbents.

[…]

Hardly anyone in Texas will suggest that incumbents like Olson and Williams are in any significant electoral trouble because they were outraised. But the cumulative effect of so much strong Democratic fundraising is unnerving to many Texas Republican insiders.

One anxious Texas operative suggested these fundraising numbers are merely a first alarm bell. The second may come once incumbents go into the field en masse and poll. But two GOP sources say many incumbents have been reluctant to poll their districts amid what feels like a chaotic political environment and are waiting for a more stable period to get an accurate read of the electorate.

You know most of the names already, but to reiterate, the Dems who outraised their opponents this quarter are Lizzie Fletcher in CD07, Joseph Kopser in CD21, Sri Kulkarni in CD22, Gina Ortiz Jones in Cd23, Julie Oliver in CD25, MJ Hegar in CD31, and Colin Allred in CD32. And there are more dimensions to this as well.

Jana Lynne Sanchez, who is running for the Tarrant County-area seat left open by disgraced Representative Joe Barton, has been steadily raising money and currently has a cash-on-hand advantage against former Barton staffer Ron Wright.

The Democratic fundraising tear has even reached into southeast Texas’ 36th Congressional District, which is rated as a +26 Republican district, one of the most conservative seats in the entire country. Longtime radio host and Democratic nominee Dayna Steele, who has pledged not to take corporate PAC money, raised $220,000 in the latest quarter, trailing ultraconservative incumbent Brian Babin’s haul by just $5,000.

Following Beto O’Rourke’s lead, many of these lesser-known candidates — running without national support in districts deemed too red for a blue wave — have sworn off corporate PAC money and are relying on small-dollar contributions. Sanchez says she has a total of 9,000 donors who have made an average contribution of $42.

All of these Democratic candidates have raised far more than past challengers in these districts — if a Democrat even bothered to run.

Keep that last bit in mind, because I’ll have more on it in a future post. And even where there’s a bright spot for the Republicans in CD02, where Dan Crenshaw reported a big haul, he’s facing Todd Litton with $843K raised and $435K on hand. It’s safe to say it’s been a long time since the Republicans have faced this many well-funded opponents.

Not all the reports are available yet on the FEC page, but when they get there I’ll have a post summarizing it all. Do bear in mind that even with all these strong numbers, Dan Patrick has also raised a bunch of money, and Greg Abbott has already booked $16 million in TV time for the fall. So celebrate the good news, but don’t get overconfident. What we’ve done here is approach parity, and the other guys may well have another gear to shift into. Keep the momentum going.

“Fetal remains” lawsuit trial underway

Here we go.

State and reproductive rights attorneys are going head to head again in federal court on Monday to argue whether Texas should require health providers to cremate or bury fetal remains.

“It’s a tough case for everybody,” U.S. District Judge David Alan Ezra said Friday during a pretrial hearing. In January, he had granted an injunction blocking a state fetal remains burial rule, but he said last week that the previous decision is no indication of how he would rule in the trial.

“It’s a very emotional case, and so I would ask counsel to do the best job they can to try and tamp down some of the more zealous individuals in your respective camps so that we don’t get a lot of extraneous stuff going on,” Ezra said to attorneys for the state and the Center for Reproductive Rights, who are representing the plaintiffs.

Arguments in the trial are expected to run all week.

[…]

Ezra listened as both sets of attorneys spent nearly two hours going over logistics of the trial and other issues including whether certain witnesses would be allowed to testify about the emotional trauma of abortions and fetal remain burials and keeping information about vendors confidential for safety reasons.

Throughout Friday’s pretrial hearing, Ezra laid out for attorneys what was on the court’s mind about the case, including: if women may face an undue burden if there aren’t enough providers or facilities statewide; the logistics of how doctors and clinics would deal with the law if it went into effect; and if Texas has enough facilities available statewide to help dispose of the fetal remains.

“I have to deal with this as a law in Texas that will affect every woman in the state of Texas,” Ezra said.

Another point of contention during the hearing was what to do about a 5th U.S. Circuit Court of Appeals decision on whether the Texas Catholic Conference of Bishops would have to turn over confidential internal documents to the Center for Reproductive Rights and Whole Woman’s Health for the fetal remains trial. Ezra had previously ruled it would, but in the middle of the pretrial hearing the 5th Circuit informed him it had reversed his decision.

See here for the previous update. I have no idea how this one may go, but I’ll be keeping an eye on it. There’s certainly a chance that none of this will matter given the likely future composition of SCOTUS, but we have to go through the process anyway. The Chron has more.

Early voting in SD19 special election has begun

The summer of elections continues apace.

Carlos Uresti

Monday marks the start of early voting in the July 31 special election to fill the seat for Texas Senate District 19.

It’s been less than one month since Gov. Greg Abbott called a special election to replace Carlos Uresti, who resigned in June after he was convicted on 11 felony charges, including fraud and money laundering, abruptly ending the San Antonio Democrat’s 22-year political career.

Four Democrats, three Republicans, and one Libertarian filed for the opportunity to fill the remainder of Uresti’s term, which ends in 2020.

The race for Senate District 19 includes notable Democrats such as Uresti’s brother State Rep. Tomas Uresti (D-118); State Rep. Roland Gutierrez (D-119); and former State and U.S. Rep. Pete Gallego. The candidate list also includes Republican Pete Flores, a retired game warden who lost to Carlos Uresti in the 2016 general election.

District 19, which has voted reliably Democratic, stretches from the South, East, and West Sides of San Antonio to the U.S.-Mexico border and West Central Texas.

Observers of this race have tagged Gallego and Gutierrez as the frontrunners.

See here and here for the background. I agree that Gallego and Gutierrez (who has racked up the lion’s share of Democratic endorsements) are the frontrunners, but this district is not so blue that we couldn’t have a D-versus-R runoff. It will be interesting to see what the electorate ends up looking like in this election, which is the first of the three specials this summer to not be in deep red territory. The top candidates in HD13 and CD27 were Republicans, and the results reflected that. Here the top candidates are Democrats, but there are enough other Dems in the race to potentially dilute their strength. We’ll see what we get. Election Day for this race is July 31. If you’re in SD19, leave a comment and let us know what you’re seeing.