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February 16th, 2019:

Beto may yet be a Senate candidate in 2020

He’s at least talking about the possibility.

Beto O’Rourke

Senate Minority Leader Chuck Schumer met with former Texas Rep. Beto O’Rourke last week to discuss a possible 2020 Senate campaign against GOP Sen. John Cornyn, according to a source familiar with the meeting.

O’Rourke, a Democrat who lost narrowly against Sen. Ted Cruz in 2018, is considering running for president and hasn’t publicly discussed running again for Senate in 2020. But he also hasn’t ruled it out.

[…]

If O’Rourke chooses to challenge Cornyn instead of seeking the Democratic nomination for president, he would immediately have the support of Rep. Joaquin Castro (D-Texas) — Julián Castro’s twin brother.

“Joaquin believes Beto could beat John in 2020, and if Beto decides to see this thing through and do that, then Joaquin will give him his full support, just like he did against Ted Cruz,” a source close to Castro told POLITICO. “Otherwise, Joaquin will absolutely consider jumping in and finishing the job.”

As the story notes, we should know by the end of the month if Beto is mounting a Presidential campaign, which would almost certainly take him out of the running for Senate. That doesn’t mean he’ll run for Senate again if he decides against a Presidential bid, but we’ll have a bit more clarity on where things stand. The story also notes that MJ Hegar and Wendy Davis are looking at a Senate bid, which may apply a bit of pressure to Beto to pick a direction. The possibility that Joaquin Castro might try for the Senate intrigues me. I’ve discounted the idea of Joaquin running for Senate on the grounds that he’d be giving up four terms of seniority in what is now a Democratic Congress, with a sure path to leadership opportunities, for at best a coin flip for Senate. Obviously, I could be wrong about his thinking or his risk appetite.

I don’t know how this will be sorted out. I do think in the end, either 1) Beto announces for Senate and everyone else goes and does other things, or 2) Beto makes it clear he’s not running for Senate, and it becomes open season for whoever wants in. In the end, I think we’ll wind up with a strong candidate for Senate, whether Beto or Joaquin or MJ or Wendy or someone else. Mostly, I’m glad we’re talking about this now, and working towards getting someone officially declared now, so we can start fundraising and organizing for that person. One of the lessons learned from 2018 was that an early start was a benefit in many ways. We have the advantage of learning from and building on 2018 as we prepare for 2020. We’re running against a stronger candidate who sees us coming this time, so we’ll need every advantage we can get. The Current has more.

Texas Central gets an adverse court ruling

Hard to say how much effect this will have.

The planned high-speed rail project from Houston to Dallas hit a big obstacle last week in rural Leon County when a judge there declared the project’s backers did not have authority to force landowners to sell or provide access to properties.

Opponents of the rail project on Monday cheered the ruling as a death knell for the line — albeit one that will take years to savor and finalize.

“This project cannot be finished without eminent domain and the project is completely off track,” said Blake Beckham, the Dallas lawyer who has represented opponents of the Texas Central Railway project.

Company officials said Monday many of the opponents’ claims and the significance of the ruling were exaggerated.

“Texas Central is appealing the Leon County judge’s decision and, meanwhile, it is moving forward on all aspects of the train project,” the company said in a statement.

The heart of many of the legal fights, and Monday’s decision, center on whether the company is, in fact, a railroad. Backers since 2014 have insisted the project — using Japanese bullet trains to connect Houston and Dallas via 90-minute trips as 220 mph — is a railroad and entitled to access to property to conduct surveys and acquire property via eminent domain.

“Texas has long allowed survey access by railroads like Texas Central, pipelines, electrical lines and other industries that provide for a public good and a strong economy,” the company said.

Opponents have insisted that since the company does not operate as a railroad, owns no trains and has not laid a single piece of track. it is not eligible for the access.

“Simply self-declaring that you are a railroad … does not make it so,” said Kyle Workman, one of the founders of Texans Against High-Speed Rail.

Judge Deborah Evans of the 87th District Court agreed, issuing an order Friday that found Texas Central and another company it formed “are not a railroad or interurban electric company.”

[…]

The ruling covers Freestone, Leon, and Limestone counties where the line is planned.

In previous court cases related to land access in Harris County and Ellis County, the company has been denied access or dropped its request in the face of mounting questions from the court or opponents.

“They have lost every single legal interaction,” Beckham said.

Texas Central disputed that in a statement.

“A judge in Ellis County said trials should be held on survey cases for three local property owners,” the company said. “The judge did not rule on the merits of those cases, instead only saying they should proceed to trial.”

See here and here for some background. We’re still very early in the legal process, with some procedural rulings but nothing decided on the merits yet. It will be years before the courts sort it all out, and nothing will be settled until the Supreme Court weighs in. In the meantime, there will be further attempts by members of the Lege to put roadblocks in Texas Central’s way. KUHF has more.

Here’s one solution to the SOS problem

Works for me.

Rep. Roland Gutierrez

A San Antonio state rep wants to repeal the law that let Texas Secretary of State David Whitley refer a poorly vetted list of 95,000 people’s names to the attorney general for investigation for voter fraud.

Rep. Roland Gutierrez, a Democrat, this week filed HB 1450, which will strip the Secretary of State’s office of authority to demand sensitive personal information from the Department of Public Safety.

[…]

“With as many as three lawsuits filed by an array of civil rights groups, it is clear that we need to fix this now,” Gutierrez said in a press statement. “The problem with relying on the DPS information for voter registration is its failure to account for those who became naturalized U.S. citizens after applying for a Texas driver’s license.”

In the lawsuits, civil rights groups including the American Civil Liberties Union and LULAC, called Whitley’s purge unconstitutional, arguing that it sets up discriminatory road blocks for voters.

Gutierrez and 13 colleagues voted against HB 2512, the original law that allowed Whitley’s office to access the driver’s license records in the name of sniffing out voter fraud.

“As an attorney I don’t take lightly accusing 100,000 Texans of breaking the law,” Gutierrez said. “We need to ensure that no illegal votes are cast, but we must do it with precision and integrity instead of targeting based on race. Texas is better than this.”

Here’s HB1450. I mean, I can’t imagine this passing, but it’s the right idea.