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July 18th, 2018:

July 2018 campaign finance reports: Congress

So we know that Texas Democratic Congressional challengers really crushed it in Q2, and that’s on top of three strong quarters before that. How good was it? Let’s quantify. Here are the July 2017 finance reports, here are the October 2017 finance reports, here are the January 2018 finance reports, here are the April 2018 finance reports, and here’s the FEC summary page for Democratic Congressional candidates in Texas.

Todd Litton – CD02
Lori Burch – CD03
Jana Sanchez – CD06
Lizzie Fletcher – CD07
Steven David – CD08
Mike Siegel – CD10
Vanessa Adia – CD12
Adrienne Bell – CD14
Rick Kennedy – CD17
Joseph Kopser – CD21
Sri Kulkarni – CD22
Gina Ortiz Jones – CD23
Jan McDowell – CD24
Julie Oliver – CD25
Linsey Fagan – CD26
Eric Holguin – CD27
MJ Hegar – CD31
Colin Allred – CD32
Dayna Steele – CD36


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
02    Litton          843,045    435,370        0    407,674
03    Burch           153,559    160,632   23,149     19,109
06    Sanchez         358,960    291,187        0     67,772
07    Fletcher      2,321,869  1,524,807    7,531    797,077
08    David            25,044     21,831        0      2,708
10    Siegel          171,955    130,827    5,000     46,852
12    Adia            106,715     55,874        0     50,696
14    Bell            105,067     98,931        0      6,135
17    Kennedy
21    Kopser        1,594,724  1,230,359   25,000    364,365
22    Kulkarni        405,169    359,246    8,000     89,434
23    Ortiz Jones   2,256,366  1,105,515        0  1,150,851
24    McDowell         61,324     33,351        0     28,091
25    Oliver          199,047    124,044    3,125     78,145
26    Fagan            94,235     67,627        0     26,707
27    Holguin          93,570     83,112        0     10,458
31    Hegar         1,618,359    746,072        0    867,266
32    Allred        1,916,601    973,962   44,978    942,638
36    Steele          516,859    342,527        0    174,301

I added a few other candidates, in part to show that in even the lowest-profile races in deep red districts, Dems are raising unprecedented amounts of money. Rick Kennedy’s report had not updated as of yesterday (there’s always one that’s pokier than the others), but we’ll charge ahead anyhow.

Let me note up front that quite a few of these candidates were in primary runoffs, and that would be the reason why their total amount spent are so high, which makes their cash on hand lower than it might have been otherwise. The raised amounts that I list for some of these candidates is lower than what you’ll see on the FEC summary page because I generally subtract out loan amounts; in those cases, I go with the Total Contributions amount on the individual’s page. Unless there are also transfers in from other committees, as is the case for some candidates (Kopser and Ortiz Jones, for instance), in which case I revert to the topline Total Receipts number. It’s a little tricky and not as consistent as I’d like, but it’s close enough.

The sheer amount raised just by challengers – nearly $13 million so far – is just staggering. I’ve got another post in the works to put some context on that, but suffice it to say that we have never seen anything remotely like this. I’ve mentioned several times how impressive I find Dayna Steele’s numbers (and I’m not the only one), so let me also show a little love for Vanessa Adia and Linsey Fagan, both of whom are running in districts about as red as CD36, and Julie Oliver, whose CD25 is closer to 60-40 but like so many others has not had a serious challenge since it was configured in 2011. Especially for the districts they’re in, those totals are amazing. Well done, y’all.

What all this money means, especially spread out over all these candidates, is that there can and hopefully will be a real effort all over the state to reach out to people who may have never heard from a Democratic campaign and remind them they have a reason to vote and a local candidate to vote for. It’s a great way to complement Beto’s campaign, and given that none of our other statewide candidates have two dimes to rub together, it’s very necessary. Our hope, for this year and going forward, is predicated on boosting turnout. We have the motivation and we have the resources. It’s been quite awhile since the last time those things were true.

I’m just getting started on collective finance report information. I’ll have a full survey of the results of interest in the coming weeks. Let me know what you think.

A very special Council meeting

Who knew there was such a thing?

In a rare maneuver that sidesteps Mayor Sylvester Turner’s authority, five city council members have called a special meeting this week, hoping to force the issue of Houston firefighters’ push for a referendum on pay “parity” with police.

The council members aim to secure their colleagues’ support for a resolution calling on Turner to place an item on the council’s July 24 agenda to schedule a November election on the petition, which seeks to grant firefighters the same pay as police officers of corresponding rank.

In Houston’s strong-mayor form of government, the mayor generally has sole authority to decide what appears on the agenda for the weekly council meetings.

The lone exception allows three council members to set the agenda of a special meeting. Such gatherings — including this one — typically are organized without the mayor’s approval, and often struggle to muster a quorum, as many of the 16 council members are loathe to invite the mayor’s wrath.

Council members Greg Travis, Michael Kubosh, Brenda Stardig, Martha Castex-Tatum and Dwight Boykins signed a Monday memo calling a special council meeting for Friday at 10 a.m.

Turner is on a trade mission in South America and will not be back in time to attend the meeting.

Kubosh said he signed the memo to help ensure the issue was discussed, noting that several elections have passed since the petition was submitted.

“They were successful last year at stalling it a whole year, so, yes, I think that’s possible,” Kubosh said, referring to the Turner administration.

[…]

[CM Dave] Martin [who chairs the Council’s budget committee] said he does not intend to attend Friday’s meeting and doubts the organizers will have the quorum necessary for a formal vote.

“If they don’t show up, they don’t show up,” Kubosh said. “But I’ll show up.”

It is unclear what the impact would be if the proposed resolution reaches a vote and passes.

City Attorney Ron Lewis declined to address whether that outcome could force the mayor to act, given that the city charter gives Turner control of the council agenda.

“As a practical matter,” Lewis said, “the item will go on an agenda that’s timely, and the mayor’s committed to that.”

Insert shrug emoji here. The petitions were certified in May, and one would think the vote would be in November. According to Mayor Turner’s chief of staff and confirmed by CM Martin, this was to be discussed at the budget committee hearing on July 26, with the item for placing it on the ballot to be on Council’s August 8 agenda. I don’t know what else there is to say.

New frontiers in strip club tax collections

A new-ish development in a decade-long battle.

Glenn Hegar

Dozens of “bikini bars” from Houston to San Antonio are suing the state after the Texas Comptroller accused them of skirting the so-called pole tax on nude entertainment and slapped them with seven-figure fees, according to the lawsuits.

The fight focuses on the state definition of nude, which includes any part of the buttocks or a woman’s breast below the top of the areola.

And in federal court, the clubs are questioning why they are taxed for bikini-clad performers, but not concert halls or sports venues that host cheerleaders and musicians wearing thongs or cleavage-baring tops.

“If they aren’t doing it to them, they shouldn’t be able to do it to a topless club or a bikini bar,” said attorney Casey Wallace, who is representing the Texas Entertainment Association, which brought the federal lawsuit in 2017.

The Comptroller’s office said it follows the law and determines which clubs should be taxed by looking at their social media posts and marketing. The office also sends inspectors inside to see what dancers are wearing.

“The agency is just trying to apply this in a common sense way,” said Ray Langenberg, Special Counsel for Tax Litigation for the Texas Comptroller of Public Accounts. “If they are called topless clubs, the claim they are not wears a little thin.”

The fees are being contested in a state appeals process by 34 clubs across Texas, including a dozen in the Houston area. At least 27 more clubs have filed lawsuits, including 14 clubs based in Houston, according to the Comptroller’s Office.

The lawsuits referenced in this story were filed last year; I’m not really sure why this is a story now, though perhaps there’s a court date about to happen. Be that as it may, it was back in 2014 that the State Supreme Court upheld the $5-per-customer fee, for which the original bill was passed in 2007. I’m not qualified to parse the legalities of what constitutes “nudity” in this context, but I do think that trying to apply it retroactively for a decade’s worth of collections is excessive. I mean, when the state reached a deal with Amazon in 2012 to start collecting sales taxes, part of the deal was that the state would quit trying to collect back taxes. Why does Amazon deserve a better deal than bikini bars? Assuming that the Comptroller is properly interpreting the law in the first place, which is not a sure thing, surely there would be room for a compromise.