Off the Kuff Rotating Header Image

August 10th, 2018:

The range of Republican anxiety

Some folks are a little scared about all this “blue wave” talk and poll numbers and what have you.

Not Ted Cruz

As Ted Cruz took questions at a Republican women’s event [in Smithville] Saturday evening, Bastrop retiree Ronnie Ann Burt wanted to know: Should she really trust the growing barrage of chatter online that the senator’s re-election bid is in peril?

Cruz’s response: Believe it.

“It’s clear we have a real and contested race where the margin is much too close for comfort,” said Cruz, who’s facing a vigorous, massively funded challenge from U.S. Rep. Beto O’Rourke, D-El Paso.

Cruz’s stop in this small Central Texas town was part of a return to the campaign trail Saturday in which the incumbent cranked up his long-building warnings that Democratic enthusiasm in the era of President Donald Trump should not be discounted, even in a state as red as Texas.

The timing couldn’t have been more fitting: A trio of polls came out this week showing Cruz’s race tightening and a national political forecaster shifted the contest in O’Rourke’s favor. Meanwhile, Cruz launched his first TV ads Friday, including three targeting O’Rourke, and the challenger moved quickly to turn them into a fundraising boon for him.

Appearing Saturday afternoon at the conservative Resurgent Gathering in Austin, Cruz delivered a nearly 10-minute assessment of the uncertain political landscape he faces in November.

“The biggest challenge I have in this race … is complacency,” Cruz said. “People say all the time, ‘Oh, come on, it’s a Texas re-elect. How could you possibly lose?’ Well, in an ordinary cycle, that might be true. But this is not an ordinary cycle. The far left is filled with anger and rage and we underestimate that anger at our peril.”

Cruz added that there is reason to be skeptical of the polls — his campaign has criticized their methodologies — but the trendline “ought to be a cause for concern for everyone.”

[…]

Cruz’s remarks at events Saturday came a day after Gov. Greg Abbott offered a more reassuring forecast for November while addressing the Resurgent conference. He dismissed the idea of a “blue wave” in November as media hype that “sells papers” and reminded the audience that he ended up defeating his much-ballyhooed Democratic opponent, Wendy Davis, by over 20 points in 2014.

“Texas is going to stay red,” said Abbott, whose Democratic opponent, Lupe Valdez, has not caught traction in the way O’Rourke has against Cruz.

Cruz did not sound as sure as Abbott on Saturday — and his supporters appeared to get the message.

Cruz and Abbott are two sides of the same coin here. Cruz is quite right that complacency is a big potential problem for him, for the simple reason that if Republican turnout is less energetic than it has been in recent elections, Democrats have a smaller hill to climb to catch them. I’ve talked multiple times about how I’m hoping for Republicans to have a 2006-style year for turnout, as that would mean some 200K to 300K fewer votes than they got in 2014. This is Cruz’s main concern as well, and his message is simply “Don’t take this for granted”.

Abbott, on the other hand, is not wrong to observe that even with the recent polls, Cruz is still in the lead, and that other Republicans (most notably himself, not that he’s bragging or anything) are doing better than Cruz, that one UT/Trib poll result for Ken Paxton aside. Until such time as we start seeing poll results with one or more Dems in the lead, one can quite confidently say that the Republicans are ahead and thus favored to win. While that may run a bit counter to Cruz’s “we have to have a sense of urgency” message, Abbott is aiming at the media (to get them to run something other than a positive story about Beto O’Rourke and Democratic enthusiasm) and also at Dems, to say basically “don’t bother getting your hopes up, you still can’t win”. I don’t think he’s going to demoralize anyone, but it can’t hurt to try.

Finally, a word on the polls. Republican pollster Chris Wilson complained bitterly about that Lyceum poll, saying they had the samples all wrong. I don’t know if he has the same complaint about Quinnipiac and PPP and everyone else who has put out a result on this race, but I do know that he himself hasn’t published a result lately. Maybe he’s just lying low to let us all fall into a false sense of security, I don’t know. The average of all these poll suggests a six-point race, more or less, so go argue against that if you want to. It is certainly possible that pollsters are misreading the electorate this year, and thus skewing the numbers because they’re not polling the right mix of people. It’s also possible that Chris Wilson is one of those misguided pollsters.

The DACA hearing

I don’t know about this.

The state of Texas will continue to incur irreparable financial harm if an Obama-era immigration program isn’t halted immediately, attorneys for the state argued in Houston on Wednesday.

But lawyers representing nearly two dozen recipients of the Deferred Action for Childhood Arrivals program countered by saying Texas sat back for six years and did nothing, and its attorneys have yet to prove the harm the state claims it has faced since the program was implemented in 2012.

Those were just two of the arguments presented to U.S. District Judge Andrew Hanen on Wednesday after Texas Attorney General Ken Paxton sued the Trump Administration in May to end the 2012 program, which protects immigrants brought into the U.S. as children from deportation and allows them to obtain a two-year work permit.

[…]

MALDEF and New Jersey said Texas could have filed suit in 2012 or amended its 2014 complaint aimed at DAPA to also include DACA, but instead waited six years to take action. They also argued that while DAPA would have benefitted more than 4 million people, DACA has a much smaller pool of potential applicants. Nina Perales, MALDEF’s vice-president of litigation, said there are only about 702,000 DACA beneficiaries in the country today.

The state of Texas defended its timing by arguing it was waiting for the DAPA outcome to come down and was subsequently encouraged by President Trump’s announcement in September 2017 that DACA was going to be phased out.

Perales also argued against Texas’ assertion that the coalition of states suing to end the program have spent hundreds of millions of dollars to provide DACA recipients with education, health care and law enforcement services. She said the plaintiffs also cite in their evidence the cost of unaccompanied minors who came to the country after 2014, while DACA applies only to people who were in the country from 2007 or before.

She made a similar counter argument to Texas’ claim that it has spent vast sums of money providing healthcare to only DACA recipients.

“What Texas does is it estimates the cost of serving undocumented individuals statewide and applies it to DACA,” she said. “Undocumented immigrants are eligible for a few state funded programs but they are eligible for those regardless of DACA or not.”

She added after the hearing that the evidence actually shows that Texas benefits from DACA recipients working and participating in society.

Throughout Wednesday’s proceedings, Hanen peppered both sides with questions, often interrupting the attorneys and pressing them for more evidence to justify their claims. He also asked the attorneys to submit by Monday a brief on whether DACA violated the federal Administrative Procedures Act if applicants are subject to individual discretion. Hanen ruled in 2015 that DAPA violated the APA, which governs how federal regulations are made

Perales said after the hearing that she was pleased by the judge’s desire for more details.

“The judge was very patient, he allowed each side to get up and make its arguments,” she said. “I was encouraged by the judge’s curiosity and interest in additional questions.”

See here, here, and here for some background. I think we can take it on faith that Paxton’s arguments are more pretext than anything else, but there’s a reason he picked this court and this judge for this lawsuit. We just had a ruling from another federal court that ordered DACA to be restarted, so if Paxton wins here we’re on a direct course to the Supreme Court, and who knows what from there. ThinkProgress, Mother Jones, and Daily Kos have more.

Firefighter pay proposal officially on the ballot

As required.

Houston voters in November will choose whether to grant firefighters pay “parity” with police of corresponding rank and seniority.

After weeks of wrangling over the issue — including angry debates, rare legislative maneuvers and allegations of electioneering — the city council voted unanimously Wednesday to place the proposal before voters Nov. 6.

Mayor Sylvester Turner initially gave council the option of scheduling the vote in November 2019 instead, but ultimately pulled that item from the agenda. Still, Turner repeated his concerns about the idea on Wednesday, saying it will cost the city $98 million a year and force layoffs.

The mayor said he intends to host a town hall meeting in each of the 11 council districts before November to educate voters on the issue.

“I don’t have a money-making machine,” Turner said. “I agree they deserve a pay raise, but the question is, what is our ability to pay?”

[…]

Councilman Dwight Boykins was among those who voiced support for the measure, suggesting that the city’s voter-imposed cap on property tax revenues be adjusted to help cover the cost. Boykins also floated the idea of imposing a monthly garbage fee; Houston is the only big city in Texas without one.

Turner and some other council members were, at best, reluctant to embrace those proposals.

Other council members’ concerns took various forms. Councilman Greg Travis suggested the Turner administration and the firefighters were engaged in a game of chicken in which all Houstonians would lose. Councilwoman Brenda Stardig bristled at Turner’s “threats” to cut services if the proposal passes, saying it was a breakdown in contract talks that led the firefighters to push for parity. Councilman Mike Laster, meanwhile, worried the item’s passage would have “serious unintended consequences for firefighters themselves.”

You know the background, but see here for a recent relevant post anyway. I’m going to vote against this, not that it really matters since the inevitable ballot language lawsuit only lacks a plaintiff at this point. I’ll be interested to see who takes what side in this fight – CM Boykins is the first elected official I’ve seen publicly support the idea – and how nasty it gets. Who’s going to run an anti campaign, and who’s going to contribute money to one or the other?I look forward to the 30 day reports. KUHF has more.

Day Two flood bond EV totals

Sorry I wasn’t able to post the Day One totals yesterday, but here are the Day Two EV totals for the flood bond referendum. So far 4,984 people have voted in person, with almost exactly the same number on Monday as on Tuesday, and 28,660 mail ballots have been returned, with 26,856 of them coming in as of Day One. That’s 33,644 total votes two days in. Some 68,014 mail ballots were sent out, so a bit more than 40% have been returned so far. I have no idea how to handicap any of this, but I feel sure y’all want to see me pull a number out of the air, so my initial wild-ass guess is about 150K total votes. Needless to say, I reserve the right to amend the hell out of that as we go along. To put this another way, we are likely to fall short – possibly well short – of 10% turnout. I get the reasons for having this now, but I can’t shake the feeling that we’re doing it wrong, no matter what the outcome winds up being. I’ll have more of these as we go along.