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August 24th, 2018:

NBC News: Cruz 49, O’Rourke 45

It’s been three weeks since our last poll result.

Rep. Beto O’Rourke

In a head-to-head match up, Cruz held a 4-point lead over O’Rourke. Forty-nine percent of respondents backed Cruz, compared to 45 percent who supported O’Rourke. Six percent of respondents remain undecided. The poll has a margin of error of 3.8 percentage points.

Cruz has maintained a fairly strong favorability rating, with 49 percent of those surveyed viewing him favorably and 41 percent viewing him unfavorably. O’Rourke is far more unknown. Forty-one percent of respondents viewed him favorably while 23 percent of those surveyed had an unfavorable view. Thirty-six percent were either unsure of their opinion of O’Rourke or hadn’t heard of him.

[…]

The poll also showed Texas Gov. Greg Abbott with a daunting 19-point lead over former Dallas County Sheriff Lupe Valdez, similar to other public polling of the race.

Additionally, President Donald Trump is just above water in the state: 47 percent of registered voters approve of his job performance, against a 45 percent disapproval rating.

You can see more details here. There are two things I want to note about this poll, which brings our 12-poll average to 46.9 for Cruz and 40.75 for O’Rourke. One is that O’Rourke’s 45% is the highest level he’s reached in any poll so far (he’s gotten a 44 from Quinnipiac and a couple of 43s before now; Bill White reached 44 once and 43 once in 2010) and the second highest of any Democrat in any poll since I’ve been tracking them, trailing the 46 Hillary Clinton got in two different weird WaPo/Survey Monkey polls in 2016. I had just been saying that I’d like to see some results with Beto above 43%, and lo and behold we have one. Now let me say that I’d like to see more of this, and we’ll see if my wish gets granted again.

The other point has to do with the difference in the Senate race and in the Governor’s race. Not all of the polls we have seen so far have included results for the Governor’s race, but some have. Here’s how they compare:

NBC News, Aug 21

Cruz 49, O’Rourke 45
Abbott 56, Valdez 37
Cruz -7, O’Rourke +8

Quinnipiac, Aug 2

Cruz 49, O’Rourke 43
Abbott 51, Valdez 38
Cruz -2, O’Rourke +5

Lyceum, Aug 1

Cruz 41, O’Rourke 39
Abbott 47, Valdez 31
Cruz -6, O’Rourke +8

Gravis, July 10

Cruz 51, O’Rourke 42
Abbott 51, Valdez 41
Cruz 0, O’Rourke +1

UT/Trib, June 25

Cruz 41, O’Rourke 36
Abbott 44, Valdez 32
Cruz -3, O’Rourke +4

Quinnipiac, May 30

Cruz 50, O’Rourke 39
Abbott 53, Valdez 34
Cruz -3, O’Rourke +5

Quinnipiac, April 18

Cruz 47, O’Rourke 44
Avvott 49, Valdez 40
Cruz -2, O’Rourke +4

Average differences: Cruz -3.3, O’Rourke +5
Average differences minus NBC and Lyceum: Cruz -2, O’Rourke +3.8

I think we all agree that Beto O’Rourke will do better than other Democratic candidates in November. If he does, there are two possible reasons for it. One is that some number of people will vote for him and then not vote in other races, and the other is that some number of people who otherwise vote Republican will cross over to vote for him. I don’t think we’ll really know how this shakes out until we see results, but I would guess that at this time, the poll results mostly reflect the higher profile of the Senate race, and to a lesser extent the potential for crossovers. Hillary Clinton got 300K to 400K more votes than most of the other downballot Dems in 2016, which translated to her doing four to seven points better than they did, while Bill White got about 400K more votes than his downballot colleagues in 2010. That translated to a 14 or 15 point improvement for him, as that was a much lower turnout election.

The distance between Beto O’Rourke and Lupe Valdez is similar to the distance between Hillary Clinton and other Dems in 2016, though as you can see there are two polls including this one that show a wide gap while the other five show much narrower differences. In a non-Presidential election like this, we could be talking a net 300K or so swing towards Beto if the polls are accurate. As we’ve seen too many times before, that’s only a big deal if the base Democratic vote is enough to put him close to the base Republican vote. The fundamentals have always been the same, we just have more data now. I for one would hesitate to make any projections or draw any conclusions beyond the basic observation that O’Rourke is polling better than Lupe Valdez, and will almost surely outperform her. We don’t know enough to say more, and if you’re inclined to take this one data point as destiny, you’re doing it wrong.

If Greg Abbott won’t call a special election in SD06, maybe Stan Stanart will

From the inbox:

Sen. Sylvia Garcia

Dear Mr. Stanart,

My firm and I, together with Robert Icesezen, Esq., have been engaged to represent Sen. Sylvia R. Garcia, individually and as the elected representative of the citizens of Texas Senate District 6. Governor Abbott has wrongly refused to order a special election to replace Senator Garcia, who recently served the Governor with a letter of resignation. Under the Texas Constitution, when the Governor won’t do the right thing, you must do it for him.

[…]

According to the Election Code, “an unexpired term in office” – like that of Senator Garcia – “may be filled only by a special election…” See Election Code 203.002. And, “[i]f a vacancy in office is to be filled by special election, the election shall be ordered as soon as practicable after the vacancy occurs…” Id 201.051(a) (emphasis added). This, someone must order a special election to fill the seat being vacated by Senator Garcia.

Under Section 13 of Article 3 of the Texas Constitution, that obligation falls first to the Governor. The Texas Constitution provides that “[w]hen vacancies occur in either House [of the Legislature], the Governor shall issue writs of election to fill such vacancies…” Importantly, under that same section of our Constitution, “should the Governor fail to issue a writ of election to fill any such vacancy within twenty days after it occurs, the returning officer of the district in which such vacancy may have happened, shall be authorized to order an election for that purpose.”

Governor Abbott should have ordered a special election for Senate District 6 by August 20, 2018. He has refused to do so. As the returning officer for Senate District 6 [1], it is your constitutional duty to do it for him. Only you can fulfill the Election Code’s mandate that a special election must be ordered under these circumstances.

See here for the background, and here for the Chron story. The letter is signed by Brian Trachtenberg, and it’s cc’ed to Abbott, County Judge Ed Emmett, and County Attorney Vince Ryan. My extremely-not-a-lawyer’s take on this is that the stated authority for Stanart to call the election seems to hang on the definition of “returning officer”, for which we have this footnote:

[1] – See Election Code 67.007 (a) (“For each election for a statewide or district office, a statewide measure, or president and vice-president of the United States, the county clerk of each county in the territory covered by the election shall prepare county election returns.”)

Someone more lawyerly than me will need to evaluate that. Assuming it is valid, then it becomes a question of whether Stanart will be any more inclined to take action than Abbott has been, and whether a judge would force the issue when the motion is filed. I have no idea what would happen next. And as entertaining as it is to speculate about obscure corners of the state constitution, the situation here is serious, and easily avoidable if Greg Abbott weren’t being such a jackass. Whether Sen. Garcia prevails via this legal gambit or sucks it up and writes another resignation letter, she needs to do whatever it takes to get that election scheduled.

Texans’ cheer coach quits

Of interest.

Altovise Gary, the longtime director of the Houston Texans cheerleaders squad who was named as a defendant in one of two recent federal court lawsuits filed against the team, has resigned, a team spokeswoman said Tuesday.

Gary resigned on her own accord, citing what team spokeswoman Amy Palcic described as personal reasons. The team had no additional comment on her departure.

[…]

Gary was named as a defendant in a case filed in May by a former cheerleader who accused her of body-shaming and failing to act on complaints that cheerleaders were physically assaulted by fans. She was not named as a defendant in a second suit filed days later by five former cheerleaders against the team.

Both suits were dismissed and the former cheerleaders’ complaints submitted to arbitration, as required by their contracts with the team.

Houston attorney Bruse Loyd, who filed the first lawsuit that included Gary as a defendant, said he would have no comment on Gary’s resignation.

Houston attorney Kimberley Spurlock, who along with noted women’s rights attorney Gloria Allred filed the second lawsuit, said in a statement: “We believe that our lawsuit and the voices of our brave clients have made an important impact on the Houston Texans. As a result of their courage, there appears to be an important change taking place in the staff.

“However, until there is justice for the cheerleaders by paying them fairly and compensating them by paying them the wages that they are due, we will continue our fight to win them the respect and dignity to which they are entitled and which is long overdue.”

See here, here, and here for the background. I don’t have much to add to this, I will just reiterate my positions that 1) harassment and abuse of any kind should not be tolerated, and 2) it’s a travesty that the multi-billion dollar business that is the NFL refuses to pay its cheerleaders a wage the reflects their worth. Not sure what else there is to say.