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Two stories about grassroots GOTV efforts

Both from the Observer. First, Inside Beto’s Plan to Turn Out Black Voters in Houston:

With two days till early voting, Cameron Mayfield, a Beto O’Rourke field organizer, gets busy setting up a makeshift campaign office in a corner of a combination KFC/Taco Bell in Kashmere Gardens, a predominantly black neighborhood in northeast Houston. Mayfield lugs in a laptop and phone charger. Precinct maps and campaign literature are piled haphazardly on the table.

While other parts of the city are flush with Beto volunteers, the KFC/Taco Bell franchise owner was the only one in this neighborhood to offer up space to the campaign. The men’s bathroom is currently out of order, employees take orders from behind bulletproof glass and, of course, there’s no WiFi.

Kashmere Gardens is one of the poorest parts of the city — median household income hovers around $26,000 — and it was among the areas hardest hit by Harvey. Forty percent of neighborhood residents affected by the storm are still living in homes that need repair. It also has a large concentration of people who’ve been incarcerated, many of whom are unclear about their voting eligibility. Many are unaware that their voting rights are restored once they get off probation or parole.

Kyle Maronie, who grew up in Settegast, a neighborhood a few miles to the northeast, shows up for the noon shift — he’s the main volunteer Mayfield depends on. It’s not easy work. People are often hesitant to answer the door and don’t want to talk.

But Maronie brings enthusiasm to the job. “Block walking is the best way to not only understand the needs of the community, but also to get a visual understanding of situations people live in,” he told me. “They’ve been left out of the conversation for so long.”

If O’Rourke is to become the first Texas Democrat to win a statewide race in a quarter-century, one of the hundreds of things he needs to do is inspire huge levels of turnout from black voters. Anglos may be flooding into Beto campaign rallies by the thousands, and the party’s future may hinge on its ability to turn out Latino voters, but the backbone of the Texas Democratic Party base is black — and it has been for a long time.

At a block-walk event on Houston’s South Side earlier that day, Damien Jones, Beto’s political director for the Houston area, laid out the stakes. “Two years ago,” Jones pronounced in his red Chucks and a black-and-white “BETO” trucker hat, “many of us had many regrets about what happened — that we didn’t do enough. This is the time to leave it all on the field. We can’t have any regrets this time.”

[…]

Polls have consistently shown O’Rourke with overwhelming levels of support from African-American voters in Texas. The energy has activists cautiously optimistic about the chances for a big bump in turnout. Terrence Shanks, a Democratic activist in Senate District 13, which represents many of Houston’s black neighborhoods, predicts that turnout in Harris County will come close to presidential levels. “My spidey sense says that while turnout won’t be as high as 2008, it will be comparable,” Shanks said.

That story was published on the 29th, and as we know by now Shanks’ Spidey-sense was pretty accurate, perhaps even a bit understated.

Story two, The Suburban Resistance Built a Grassroots Powerhouse — and it Could Decide the Most Competitive Race in Texas:

Almost two years ago, Rebecca Weisz Shukla didn’t want to get out of bed on November 7. Or November 8. On the 9th, she made a trip to Costco and couldn’t help but wonder whether each person she encountered had voted for Donald Trump. “I shouldn’t have been surprised [that Trump won], but I was,” Shukla said. She was depressed, she was angry and she didn’t know what to do.

Shukla, a 50-year-old mother of two college-aged kids who lives in the affluent enclave of West University Place, is emblematic of the Trump backlash, which has been animated in part by a suburban swell of newly activated, (mostly) white, (mostly) well-off women. A few months after the election, she heard about Swing Left, one of many progressive groups that formed in the wake of Trump’s election. Swing Left was laser-focused on mobilizing volunteers to win the bounty of GOP-controlled congressional districts that voted for Clinton.

Little did she know, Shukla lived in the heart of a district that saw one of the most dramatic swings toward Clinton in the entire country. In 2012, Mitt Romney won the 7th Congressional District, in suburban west Houston by more than 20 percent. But in 2016, Clinton narrowly won the district.

Now, the race between incumbent Republican John Culberson and Democrat Lizzie Pannill Fletcher, a Houston corporate lawyer, has become one of the closest and most expensive House battles in the country.

Fletcher’s campaign has hewed closely to the traditional DCCC model: spend a ton of money on TV and mailers and run to the middle with an emphasis on flipping highly educated, moderate Republican and independent voters who live in the wealthier, high-turnout pockets of the district.

But glossy mailers and slick TV spots do not a blue wave make. If Fletcher is able to oust a nearly 20-year incumbent in a district that’s been Republican since George H.W. Bush held it in the 1960s, it will be in large part due to the work of volunteers behind Swing TX-7 Left. The group is fueled by tireless leaders like Shukla, Jane Lesnick, a 44-year-old full-time parent of two young kids, and Jay Taylor, a retired attorney who said he has found far more fulfillment through his new foray into political organizing than he ever did during his career in debt collection.

With little experience, these activists have built from scratch a grassroots powerhouse in a place that has never really had that before. Over the past 18 months, they’ve recruited dozens of volunteers, helped register thousands of voters, organized local precincts and hit tens of thousands of doors. In short order, they’ve made themselves the Democratic backbone of the district.

[…]

These days, it’s hard to find a flat surface in Shukla’s home that isn’t littered with lawn signs, fliers and mailers. It’s a makeshift volunteer headquarters. When I visit her home during the first week of early voting, a Swing Left organizer has taken over her living room table and is cold calling a list of potential volunteers.

The Swing TX-7 Left Facebook group has more than 700 members and has become a central tool for organizing block walks and talking strategy. Shukla now has more than 500 Facebook friends and has become a well-known and respected figure in the Harris County activism scene.

Swing Left’s embed into the Fletcher campaign is running more smoothly now. But that doesn’t mean they’ve sacrificed the soul of their original endeavor. She’s spent much of this week canvassing apartment complexes and is helping organize a massive block walk in a heavily Latino precinct with tons of apartments in Sharpstown this weekend.

Trump’s election has forever changed Shukla — and countless women like her. “No matter what happens, I want to be able to say I did what I could,” Shukla explained. “That mission is accomplished.”

And what if Fletcher doesn’t swing the 7th to the left? “I don’t know,” she said, pausing. “It depends on how they lose. … If it’s not close now, then it’s not happening here. Not anytime soon.”

If you’re even Democratic-adjacent in Harris County, you’ve probably seen a metric crap-ton of Swing Left activity on Facebook. There’s a long bit in this story about registering and turning out apartment dwellers, which should make Greg Wythe’s heart a little lighter. Read ’em both before you head out to the polls tomorrow or hit the phones today.

Weekend link dump for November 4

“Not that this is an exhaustive list, but here are 30 simple shared truths I discovered at my 30th reunion of Harvard’s class of 1988.” Having just attended my own 30th reunion (not at Harvard), I endorse this list.

Electric cars are great, but we will need more than that to really fight climate change.

The case for making Congress bigger.

“Younger Americans are better than older Americans at telling factual news statements from opinions”.

“Why mention hias right now? Because its Jewish background (and centrality in the family history of many Jews in America) and its current work in trying to deal with this era’s tired, poor, and desperate were apparently part of the motive that led Saturday’s murderer to gun down people at the Tree of Life synagogue in Pittsburgh.”

“The Soros stuff is just one of many manifestations of the the grand anti-Semitic trope (cosmopolitan Jews are destroying traditional nations) that pervades the alt-right and shades into the respectable right.”

If you’ve never read Eugene Patterson’s 1963 column about the Birmingham church bombing, you should.

“But Sears was also the nation’s highest-profile discriminator against women. The corporation should be remembered for its poor treatment of workers, its stubbornness when confronted with new sex equality laws, and how the practices it pioneered still shape the American workplace.”

“But here’s the thing: It isn’t true. Republicans are lying about their position on preexisting conditions, and voters have a right to know that.”

“Partisan politics aside, this whole meme involving a possible military response to refugees besieging the United States reminded me of something … and it finally hit me: It was pretty close to the central premise of The Camp of the Saints, Jean Raspail’s racist French novel of the 1970s”.

RIP, Herb Remington, steel guitarist for Bob Wills and the Texas Playboys, and the inventor of the Remington Steel Guitar.

“The attorneys for one of the extremists found guilty of plotting in 2016 to bomb Somali immigrants in Kansas floated a novel defense in an effort to obtain a lighter sentence for their client: blame Donald Trump.”

A documentary about Prince is in the works.

“A Doctor Who Died In The Pittsburgh Shooting Is Being Remembered As A Hero To Patients At The Start Of The AIDS Crisis.”

RIP, Willie McCovey, Hall of Fame first baseman for the San Francisco Giants.

Possibly the most amazing XKCD comic ever.

“But to me, the most depressing aspect of this whole thing (now that I have sufficiently buried the lede for this post) is WHY they thought it would work.”

Projecting Tuesday turnout

Here’s the statewide view.

By the time the polls closed Thursday, 33.7 percent of registered voters in Bexar County had voted, well past the 17.3 percent turnout at the same point in 2014, the last midterm, and close to the presidential-year turnout recorded at the same point in 2012 and 2016.

And Bexar County’s election officials are not alone in having a lot to high-five each other about. Turnout during early voting in the state’s 30 largest counties easily surpassed the entire turnout – during the early voting period and on Election Day – of the 2014 midterm and continues to race toward the turnout seen in presidential election years.

In Harris County, the state’s largest county, 32.3 percent of registered voters had voted by the end of Thursday, compared to 15.5 percent at the same point in 2014. In Dallas County, the number was 35.1 percent, compared to 15.2 percent at the same point in 2014. Early voting turnout in Travis County had already surpassed total early voter turnout in both the 2014 midterm and the 2012 presidential election by the end of Thursday.

“We’ve got a lot of unhappy and activist voters out there who have been wanting to vote for a long time,” said Dana DeBeauvoir, the Travis County clerk. She attributed the bump in the number of voters to President Donald Trump.

She said voter turnout dipped slightly earlier in the week, as is often the case, but that the numbers quickly rebounded toward the end of the week, which she said will help alleviate some traffic on Election Day.

[…]

Brandon Rottinghaus, a political science professor at the University of Houston, said that the “blockbuster” turnout seen during early voting this year sets a new bar for future elections.

“It’s clear that much of the future of Texas will be fought in suburban Texas,” Rottinghaus said.

He said counties like Collin, Denton, Montgomery and Williamson saw a greater number of Democrats turning up to vote than in previous elections. That doesn’t mean that Democrats are going to win those counties, he said, but it does mean that they have become much more competitive.

“On one hand, suburban Texas is now younger and more ethnically diverse, replacing the first generation which is middle age and white” Rottinghaus said. “And Donald Trump and some of the inflammatory rhetoric have really caused a lack of interest among Republican women and college-educated voters in the suburbs.”

Rottinghaus said statewide Hispanic turnout is up slightly from 2014, which he said is “good but not great for Democrats.” While it looked like Democrats were doing better than Republicans in border counties early on in early voting, he said that it now looks like Republican voters are turning up in larger numbers.

“It’s not the groundswell that Democrats had hoped for,” Rottinghaus said.

The same story applies to young voters, Rottinghaus said. Although more young voters turned out in 2018 than in 2014, he said the 2016 presidential year still has both of the midterm years beat.

“This seems to show that younger voters, although inspired by an electric O’Rourke campaign, still need that push of a president at the top of the ticket to turn out,” Rottinghaus said.

I think what we’re going to get is going to be somewhere between 2008/2012 turnout, and 2016 turnout, which is the current high-water mark. The main question here is how many people who are going to vote have already voted. In previous off-year elections, a bit more than half of the vote – around 55% – is cast early. In Presidential years, the share of the early vote is higher, with that number spiking up in 2016. I’ll show the details later, but for now I’ll say this feels more like a Presidential year, but not exactly like one. As such, I think we’ll still see a decent number of voters on Tuesday, but for sure the bulk of the vote has already been cast.

Here are the Friday/final totals, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  52,112  392,536  462,527
2014  67,967  307,280  375,247
2018  89,098  766,613  855,711

2008  52,502  678,312  754,499
2012  66,310  700,216  766,526
2016  94,699  882,580  977,279

About where I thought we’d end up, though the potential was there for a bit more. I think the bad weather on Wednesday prevented some people from voting, with some of them shifting to Thursday or Friday and some of them still needing to vote. Here are a range of outcomes for final turnout based on what we’ve seen so far:

855,711 at 65% = 1,316,478
855,711 at 67% = 1,277,180
855,711 at 70% = 1,222,444
855,711 at 73% = 1,172,206
855,711 at 75% = 1,140,980

2008 EV = 63.5%
2012 EV = 63.7%
2016 EV = 73.0%

In other words, in 2008 and 2012 a bit more than 63% of the vote was cast early, while in 2016 that amount was 73 percent. My best guess, based entirely on gut feel, is that we’ll fall in the middle of that this year, which will put us in the 1.2 million range, or about the total for 2008 and 2012. It could still go higher or lower from there, and in the end the range of possibility is about 200K votes. The weather should be good on Tuesday, so at least there won’t be any nature-induced barriers.

One last thing to think about. In 2016, the top Republican votegetter was Tracy Christopher, who was running for the 14th Court of Appeals, with 621,960 votes, followed by Debra Ibarra Mayfield, running for the 165th District Court, with 621,060. The smallest number of votes any Democrat received who was on the ballot for everyone in the county was 610,648 by Grady Yarbrough, running for Railroad Commissioner. Most Republican judicial candidates, including all of the statewide judicials other than Eva Guzman and all of the courts of appeals candidates other than Christopher and Sherry Radack, failed to top Yarbrough’s total. If turnout really is 1.2 million or above, you tell me where the Republicans are going to get the votes to win Harris County.

The Courts of Appeals

The other judicial races where Dems have a chance to gain ground.

Republicans dominate Texas politics — but their stranglehold is especially noticeable in the courts.

Republicans hold all 18 seats on the state’s two high courts. Of the state’s 14 appeals courts, Democrats hold majorities on just three. On the other 11 courts, Democrats have no seats at all.

Democrats are hoping to flip that advantage on Election Day. In their eyes, the stars have aligned. They have a high-profile liberal darling running a competitive race for U.S. Senate at the top of the ticket. They have a controversial Republican president expected to generate backlash in his first midterm election. And enough judicial seats are up for election that Democrats could flip the four sprawling appellate court districts that serve Austin, Dallas and Houston. Hillary Clinton won those districts in 2016, but the courts are currently held entirely by Republicans.

If Democrats can sweep those races in 2018, they’ll take control of half the state’s appeals courts. And strategists say that goal is in sight.

[…]

No Democrat has been elected to the Dallas-based 5th Court of Appeals since 1992. The six-county district includes liberal-leaning Dallas, but also some of Texas’ most reliably red areas. In Dallas, as in Houston and Austin, large, urban centers contribute the lion’s share of the judicial district’s electorate, but right-leaning rural and suburban voters in surrounding counties have handed victories to Republicans for the past several election cycles. Only the 4th Court of Appeals, based in San Antonio, has a partisan split with Democrats in the majority. The Legislature controls these maps; the districts have changed only twice since 1967, most recently in 2005.

[…]

Ken Molberg, a district judge in Dallas, ran for 5th Court of Appeals in 2014 and came up nearly 72,000 votes short. This year, in another attempt, he’s confident things will be different. Molberg, a former Dallas County Democratic Party chair, has accumulated several hundred thousand dollars — an impressive sum for such an unstudied race — and said his region of the state is “ground zero for the party this go around.”

“The potential to switch this court in one election cycle is there, and it would be somewhat earthquake-like if that happened,” Molberg said. “It’s a tough race all the way around, but my analysis is that it can be done.”

Molberg is the best-funded of the eight Democrats battling Republicans for seats on the 13-justice court. But he said the slate will likely succeed or fail as a group.

“I don’t think individual campaigns have any effect at the court of appeals or district court level. …That’s an example of where you’re almost entirely dependent on straight-ticket voting,” said Jay Aiyer, a political science professor at Texas Southern University. “At the courthouse level, it’s easier for one party to dominate.”

[…]

“There is a real conformity, a uniformity of judicial thought on these courts that I think would really benefit from different experience,” said Meagan Hassan, who’s running as a Democrat for the Houston-based 14th Court of Appeals. She pointed to the tiny fraction of dissenting opinions written by Houston-area appellate judges, arguing that ideological balance is needed for the critical decisions these courts make.

In Tyler, for example, an all-Republican court of appeals struck down as unconstitutional the state’s new “revenge porn” law. The 3rd Court of Appeals is currently weighing the city of Austin’s paid sick leave ordinance. And state appellate courts are the last appellate stop for the vast majority of criminal cases in the state — yet many state appellate judges have no background in criminal law.

Democratic wins, Hassan said, “would bring balance to the court that hasn’t existed there in 25 years.”

That’s a theme several of the CoA candidates mentioned in the Q&As I did with them this year. They also point out that a lot of the Court of Appeals rulings stand because they don’t get heard by the Supreme Court or the CCA. I wrote about these races in 2016, when there were several pickup opportunities available, in part due to the wipeout of 2010. Dems did gain one seat each on the 4th and 13th Courts of Appeals in 2016, the latter being one they lost in 2010. They had gained three on the 4th and lost one on the 3rd in 2012, with all of those being up for re-election this time around.

For the 1st and 14th Courts, which are the ones that include Harris County, Dems lost the CoA races by a wide margin in 2014 but came much closer in 2016. Here’s an example from 2014 and an example from 2016. The deficit was close to 150K votes in 2014 but only about 40K votes in 2016. The formula for a Democratic win is pretty straightforward: Carry Harris County by a lot, break even in Fort Bend, and limit the damage in Brazoria and Galveston. That’s all very doable, but it’s likely there won’t be much room for error. It all starts with running up the score in Harris County (or Travis County for the 3rd, and Dallas County for the 5th). If that happens, we can win.

A macro view of the Asian-American vote in 2018

Good article.

Sri Kulkarni

Minority voter engagement in Texas is often viewed as an effort to get Hispanic and African Americans to the polls. But Asian Americans are now the fastest growing minority group in the country—accounting for an estimated 5 percent of Texans, according to U.S. Census data—and several observers believe they could have an impact on the November 6 election. That could have positive implications for Beto O’Rourke’s campaign, since most Asian Americans vote Democrat.

Both the Texas Asian Republican Assembly and the Asian American Democrats of Texas said O’Rourke spent more time with the Asian American community than other candidates now and historically. Nabila Mansoor, the president of the AADT, said the Democratic Party has really made an effort to get the Asian community to vote through outreach programs.

“We’re going to see I think a huge turnout rate,” Mansoor said. “If you look at it, there are areas of Texas where we could really make a huge difference.”

The term “Asian American” refers to someone with East, South, or Southeast Asian heritage, and the term is often paired with “Pacific Islander.” The group is massively diverse, which makes it difficult to pinpoint how the group will vote or even which issues are most important. After a while in the country, even on issues like immigration, racial and ethnic groups made up of immigrants might take an unexpected stance. There are an estimated 1.3 million Asian Americans in Texas, according to the 2017 report by the American Community Survey, and 625,112 of them are eligible to vote, according to Census data from 2015. The group’s growth rate of 2.7 percent nationally since 2012 is higher than Hispanics’ rate of 2.1 percent. Nationally, Asian American and Pacific Islander (AAPI) voter turnout has been historically low, with only 49 percent of eligible Asian Americans voting in 2016, according to Census data. That’s dismal compared to the 65.3 percent of non-Hispanic whites and 59.6 percent for non-Hispanic blacks, but about on par with the reported Hispanic voter turnout of 47.6 percent.

Both Mansoor and Democratic state representative Gene Wu of Houston, one of the few Asian Americans in the Texas Legislature, said this is due to both the culture of the country that many AAPI people immigrated from and the feeling that candidates don’t pay much attention to their community.

“Immigrants have a tendency not to vote, not to engage,” Wu said. “People came from places where there was no voting, or voting didn’t matter. Those are high hurdles to overcome.”

That’s something O’Rourke’s campaign has fought against, and the extra attention may mean higher turnout from the community. Forty-eight percent of AAPI voters are more enthusiastic than usual about voting in this year’s midterm elections, according to a survey conducted by UC Berkeley–based data organization AAPIData released in early October. Issues like immigration, health care, and gun control poll very highly nationally in Asian American communities, and there is much more support for the Democratic positions on those issues. The question is whether that enthusiasm will translate into votes.

Read the rest. As the story notes, Asian-Americans had been a fairly Republican demographic until recently; in 2016, they were even more Democratic than Hispanic voters were. It’s important to keep in mind that “Asian-American” covers a wide variety of ethnicities and nationalities, so a strategy for engaging and turning them out is more complex than you might think. As we’ve discussed before, that’s one of the cornerstones of Sri Kulkarni’s candidacy in CD22, and as it happens the same day this story hit my feed reader, I also came across these two others on the same subject. I will say that as much as I’m rooting for Kulkarni to win, he doesn’t need to win to demonstrate the value of his approach. If he succeeds in drawing out new voters and increasing Democratic turnout as a result, that’s quite a victory by itself.

Change Research: Cruz 49, O’Rourke 49

Make of this what you will.

I don’t know anything about Change Research and I don’t recall seeing earlier polls from them. They give some more info in that Twitter thread, but there’s no link to a polling memo or any other details, so take this with a modest amount of salt.

On a related note, the ongoing NYT/Siena “live poll” in CD32 is showing a tight race with a small edge for Colin Allred; at the 400 call mark, he was up 45-43. Lizzie Fletcher trailed 46-45 in polling done between October 19 and 25. An earlier poll in CD23 had Rep. Will Hurd up by the frankly unbelievable margin of 53-38 over Gina Ortiz Jones; the sample showed Hurd getting a relatively huge amount of support from Democrats. There’s a lot of late money pouring into that race, so who knows what’s going on.

Early voting, Day 12: Final curtain

It was apparently a late night with long lines, and the report didn’t arrive by 10 PM, so you’ll have to settle for this.

When the polls closed in Harris County Friday, more voters had cast ballots than in any previous midterm election, positioning Harris County to surpass 1 million voters for the first time in a midterm election.

With a few voters still waiting in line to close out early voting, 849,406 residents had turned out, eclipsing even the tea party wave of 2010.

Friday — the 12th and final day of early balloting —saw a record 93,529 ballots cast in Harris County by 7:45 p.m. Voters faced long lines and parking woes, even as many wagered the wait on Tuesday would be worse with hundreds of thousands more voters on Election Day.

More than 4.3 million Texans have voted so far in the state’s 30 largest counties, just shy of the 4.7 million Texans who voted in the entire 2014 election.

Researchers said Democrats maintain a slight edge in Harris County that will likely grow on Election Day. The so-called Blue Wave here may not be enough to propel Democratic Rep. Beto O’Rourke to victory in the U.S. Senate race against GOP Sen. Ted Cruz, but could doom Republicans in local races.

The electorate that has turned out the past two weeks is younger, less Anglo and contains far more new or infrequent voters than normal midterms, factors that largely benefit Democrats.

“Republicans are very good at getting their voters to turn out,” said University of Houston political science professor Brandon Rottinghaus. “If there are a bunch of voters who don’t typically vote in midterms but are now, it’s probably because they’re Democratic-leaning voters.”

I figured we’d get between 90K and 100K for Friday, and it seems I was right, though we don’t have the exact count yet. Until we do, here are the totals for Thursday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  52,112  392,536  462,527
2014  67,967  307,280  375,247
2018  85,665  670,212  755,877

2008  52,502  678,312  754,499
2012  66,310  700,216  766,526
2016  94,699  882,580  977,279

The 2018 figures are for Thursday, the rest are for the whole EV period of those years. I’ll post an updated table tomorrow. Just a reminder, these are total ballots cast, not how many votes any particular candidate received. The number of mail ballots will be higher in the final accounting because of ballots received between now and Tuesday.

UPDATE: Here are the Friday/final totals, from late last night. All in all, 855K people voted, which was about 96K from yesterday. I’ll have an updated table tomorrow.

Top to bottom Congressional fundraising prowess

I have three things to say about this.

Julie Oliver

Standing before a packed crowd at the Austin City Limits Music Festival earlier this month, Julie Oliver delivered an impassioned speech highlighting her support for marijuana legalization and universal health care.

“Are we going to be a country where a teacher dies because she cannot afford her flu medication or are we going to guarantee universal health care for everybody – rich, poor, young, old, pre-existing condition or not?” Oliver asked.

The Democratic candidate for Congress then introduced the band the crowd before her had come to see, The National.

It was the kind of high-profile bit of campaigning you’d expect for a congressional candidate running in a swing seat. But Oliver is trying to unseat three-term Republican U.S. Rep. Roger Williams of Austin, who has won his last three elections by 21, 24 and 21 points.

In past cycles, dark red districts like that drew Democratic challengers who struggled to fundraise. In many cases, those Democrats would run as moderates hoping to draw swing voters.

But the story in 2018 has been counterintuitive. Oliver, for instance, is running an unabashedly progressive campaign in a historically Republican-leaning district, and still managing to raise a stunning amount of money – just short of $600,000 since announcing her candidacy last year. Between 2012 and 2016, Democratic nominees in the district raised a combined $98,500.

It’s a similar story for the Democrats challenging Republican U.S. Reps. Michael McCaul of Tomball, Pete Olson of Sugar Land and Brian Babin of Woodville. Though Donald Trump handily won all three districts in 2016, the Democrats there are running on platforms that include supporting universal health care, increasing the minimum wage, strengthening gun restrictions and refusing to accept donations from corporate PACs.

And yet they’re all raising more money than a Democrat has in any of those districts in nearly a decade.

Some of the candidates argue those two factors – their progressive platforms and their strong fundraising – are no coincidence. Oliver says campaigns like hers are gaining more traction than previous efforts in the district in part because they are not coming off as politicians saying whatever they think will draw the most voters.

“It’s really inauthentic to hide behind something and to not be true to what you believe and what your values are,” Oliver said. “People can read that a mile away if you’re not being honest with them.”

[…]

Meanwhile, in a ruby red congressional district that Trump won by 47 points, Democratic candidate Dayna Steele outraised GOP incumbent Brian Babin by over $100,000 in the third quarter. Overall, Steele has raised $846,000 this cycle, while campaigning on Medicare-for-All, a $15 minimum wage and tuition-free community college. Steele’s fundraising success while running in such a district has even surprised her.

“I had no idea how I was gonna raise money. That was the thing that scared me the most. It was not learning more about policy and going up against some of these entrenched incumbents,” Steele said. “It was ‘I’m never going to be able to raise the kind of money he raises.’ And I’m closing in on a million dollars by the time it’s all said and done.”

1. I’ve given kudos to Dayna Steele before, for her near-million dollar fundraising in one of the reddest districts in Texas. She’s brilliantly leveraged her network and her connections to get people to believe in her. Here I want to give some recognition to Julie Oliver, whose half-million dollar haul in CD25 is also super impressive. CD25 is not as red as Steele’s CD36, but it’s largely rural and exurban and not on anyone’s list of swing districts. Oliver has a compelling story to tell, and she deserves to be seen as a top performer.

2. I made the comparison to other election cycles in this post. I think the point that needs to be made is that we’ve always had the capacity to support a slate of Congressional candidates like this. Let’s not forget, there are over three million Democratic voters in this state. It took a trash heap President and a collection of impressive and energetic candidates to make it happen, but the ability to make it happen was always there.

3. The question then is how sustainable is this. Even if Tuesday is terrific, we’re going to lose most of these Congressional races. It’s no one’s fault, it’s that the districts were drawn to elect Republicans, and there’s only so much we can do about that. The political conditions that exist now won’t be the same in 2020. Will dynamic candidates still be willing to take a crack at the Congressional districts we didn’t win this time? Will we find inspiration at the top of the ticket, if not from the Presidential nominee then from whoever steps up to run against Big John Cornyn? With Donald Trump actually on the ballot, will people still be willing to focus on the local races and direct their time and money to abetting them? Whatever happens with Beto and the long list of terrific Congressional candidates, we have to build on it. We can’t afford for this year to be a unicorn.

Buzbee for Mayor?

Oh, good grief.

Tony Buzbee, a high-wattage trial lawyer, big-time political donor and Texas A&M University System regent, says he is running to be the mayor of Houston in 2019.

“The mayor’s race in Houston traditionally has been as boring as watching paint dry,” Buzbee said on Fox26 Houston Tuesday night, when he announced his bid. “I think that we have a city that is above average with below average leadership, and I’m considering very seriously, because there’s a lot of people asking me to do this, running for the mayor of this town.”

When pressed, Buzbee confirmed he is running and would donate his mayoral salary, if elected, to “a random voter that I choose every year.”

[…]

Buzbee, a former Marine, has a roster of high-profile clients to his name, including former Republican Gov. Rick Perry, whom he successfully defended in an abuse-of-power case.

Buzbee was appointed to the A&M System Board of Regents in 2013, by Perry, and has been known to host raucous and politician-studded parties at his River Oaks mansion, including a 2016 fundraiser for then-presidential candidate Donald Trump.

Last year, he was rebuked by a local homeowner’s association after he parked an operational World War II-era tank outside his house.

So basically, one part Ben Hall, one part Bill King, and one part MAGA bro. If that’s not a winning combination, I don’t know what is. The Chron has more.

Two stories on Joseph Kopser in CD21

Article One, which focuses on Kopser’s background in science.

Joseph Kopser

Crowded around a circular wooden table in a loud bar on Sunday night, Joseph Kopser raises his voice in an effort to be heard, as rock music duels with a football game on several large television screens.

Surrounded by energy and environmental experts, the Democrat campaigning to represent Texas’ 21st congressional district is trying to nail down what questions he should ask at an upcoming event. The gathering itself will focus on issues like renewable energy and sustainability, but as with everything else in this district, phrasing will be tricky.

“The term ‘climate change’ will shut them all down,” says Kopser pointedly. “What are the words I should use to keep the conversation going?”

“Stewardship,” one man suggests. “Emphasize preserving the land.” Kopser points and nods. Bingo.

Article Two, about Kopser’s appeal to students, which is important given the large presence of universities in the district.

It’s a deeply gerrymandered district, one that has been held by Republican Lamar Smith for decades. Running to replace Smith, who is retiring, is Kopser, an Iraq war veteran and a Democrat new to politics.

Kopser is up against Chip Roy, a Republican who once served as chief of staff for Sen. Ted Cruz (R) and who leads in the polls, albeit by an increasingly narrowing margin. Their match-up is a study in opposites: Roy is a hardline conservative in keeping with the legacy of Smith. Kopser, by contrast, is a tech entrepreneur with a background in renewable energy, who studied aerospace engineering while at West Point.

And while Roy would continue Smith’s lengthy history of support for rolling back environmental regulations and refuting climate science, Kopser has made his support for sustainability and belief in climate change a core pillar of his campaign.

“I was definitely drawn to his science background,” Vinit Shah, 17, told ThinkProgress while riding in the back of a car en route to his assigned canvassing addresses. “That’s very important to me. He believes in climate change, in science. Both [political parties] need to be better about that. I think he can bring people together across party lines.”

Both of these are from a couple of weeks ago, but there’s been so much current news that it’s been hard to post everything that I draft, and time’s running out for some of the things in my queue. Kopser was the clear centrist/businessman candidate in the primary, and he defeated two leftier candidates to make it this far. That doesn’t seem to be an issue now, which is good because we all need to be focused on the big picture. CD21 is not a top tier pickup opportunity – specifically, I’d say it’s in the second tier, along with CDs 02, 06, 22, and 31. If the early voting numbers portend a truly close contest at the state level, then all of those districts become in play, with the kicker that the Democrats in most of them have raised more than enough money to fund real campaigns. There will be many things to keep an eye on this Tuesday, with this race being among the ones I’ll be watching.

Early voting, Day 11: Almost done

Before we get to the numbers, here’s my new favorite quote of the cycle:

“If Ted Cruz had Beto’s campaign manager he’d be leading by 20 points,” said Dan Rogers, the Republican chairman in Potter County, where Cruz drew about 600 people at rally on Wednesday night as kids were out trick-or-treating.

And if the referees weren’t biased against him, and the sun wasn’t in his eyes, and the traffic lights were better timed, and the dog hadn’t eaten his homework, and so on and so forth. There’s gotta be at least a master’s thesis in plumbing the psychological depths of that wistful thought.

But that’s not what you came here for. Here are the totals for Thursday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  49,202  332,892  382,094
2014  64,729  255,652  320,181
2018  85,665  670,212  755,877

2008  52,502  591,027  643,529
2012  64,024  614,131  678,155
2016  91,817  777,575  869,392

A return to Monday’s level, but not a step up. We’ll surpass the final total for 2010 tomorrow, and if the usual pattern of the last day being busy holds, I’d expect us to finish up at around 850K. That’ll be a bit higher by the time Tuesday rolls around, as more mail ballots arrive. I’ll put together another set of projections for final turnout once we know what we’ve got. I feel like we’ve got a solid shot at topping the total turnout from 2008 and 2012, which is to say about 1.2 million. I’ll let you know after the Friday numbers come in. Until then, do what you can to make sure everyone you know gets out and votes.

Emerson College: Cruz 50, O’Rourke 47

I’m just going to quit making predictions about when we’ve seen the last poll for this cycle.

Rep. Beto O’Rourke

Texas Sen. Ted Cruz (R) holds a 3-point lead over his Senate challenger Rep. Beto O’Rourke (D) ahead of next week’s midterm elections, according to a new poll.

Cruz leads O’Rourke 50 percent to 47 percent among likely voters surveyed in the Emerson College poll released Thursday, with 2 percent of those surveyed still undecided.

The poll of 781 likely voters in Texas was conducted Oct. 28-30 and has a margin of error of 3.7 percentage points.

The poll shows a somewhat tightened race compared to a previous Emerson College poll released in early October, which found Cruz with a 5-point lead over O’Rourke, 47 percent to 42 percent among likely voters polled.

[…]

The Emerson poll released Thursday also showed Texas Gov. Greg Abbott (R) with an 8-point lead over his Democratic challenger Lupe Valdez in the governor’s race. Abbott has the support of 51 percent of likely voters surveyed compared to Valdez’s 43 percent.

Polling info is here. So we have the UT-Tyler poll (less than four points), the Quinnipiac poll (five points), the UT-Trib poll, and this one, with three of these polls showing a closer race than the previous time they polled. This is also the closest result we’ve seen in the Governor’s race, in stark contrast to the UT-Tyler poll. Of the six polls we’ve seen in the past two weeks, Cruz has led by three in one, by four in two, by five in two, and by six in one. That’s a close race, close enough that if the polls are a little off, they could be getting it wrong. All focus needs to be on getting the people who haven’t voted yet out to the ballot box.

A broader look at the statewide judicial races

From the Trib:

Judge RK Sandill

Judicial candidates are subject to strict campaign finance restrictions, making it difficult to get their names out across a state of 28 million. And they must walk a difficult line as they campaign, running as partisans without compromising their judicial impartiality.

That means judicial candidates’ fates often rest with the top of the ticket — which is perhaps why no Democrat has been elected to the Texas Supreme Court or the Texas Court of Criminal Appeals since 1994. This year, five Democrats are vying for six seats on the state’s two high courts, which hear civil and criminal cases, respectively.

These low-information, down-ballot races are rarely competitive, but this year, as El Paso Democrat Beto O’Rourke draws attention to the top of the ticket in an unusually tight campaign for U.S. Senate, Democrats hope their judges can ride his coattails to the state’s highest benches.

Republicans, meanwhile, expect history to repeat itself.

“I do think to a large extent that my success will depend on how the entire ticket of my party goes,” said Texas Supreme Court Justice Jeff Brown, one of three Republican incumbents on the court up for re-election this fall. In that context, he said, he feels confident. “Of course, Beto O’Rourke’s popularity has certainly got Republicans thinking that maybe Texas is getting a little purpler. But I still feel like it’s going to be a Republican sweep.”

If anyone is poised to spoil that sweep, it’s R.K. Sandill, a long-serving Democratic district judge in Harris County who’s consistently outraised his opponent, Justice John Devine. In addition to an impressive cash-on-hand tally, an endorsement from the Houston Chronicle and victories in the Houston Bar Association and Texas Bar Association polls, Sandill faces perhaps the most controversial incumbent on the high court. Before being elected to the high court in 2012, Devine was sued for displaying the Ten Commandments in his courtroom. Devine has also boasted publicly that he was arrested 37 times protesting outside abortion clinics.

But that history may not hurt Devine’s chances, Sandill said in an interview last week.

“It doesn’t matter who the Republican [candidate] is in a statewide office in Texas,” Sandill says, smiling but resigned across the table at a downtown Houston coffee shop. “It’s been 24 years. There’s no vulnerability. We all live and die together on the Democratic ticket.”

That’s not entirely true – there’s always some variation in the vote totals for Supreme Court and CCA justices, just as there’s variation in the vote totals for District Court judges. In 2016, Eva Guzman got 4,884,441 votes while Paul Green received 4,758,334; among Democrats, Dori Contreras Garza picked up 3,608,634 votes while Mike Westergren got 3,378,163. Didn’t make any difference then, but if we’re sufficiently close to even it becomes a live possibility that one or two Dems win while the others lose.

Beyond that, I covered some of this in my earlier post about Sharon Keller. I note that the Trib discusses the impending end of straight ticket voting, which could have a negative effect on Republican incumbent justices and possibly judges here in Harris County. I’m gonna wait and see what the data says over the next couple of cycles before I make any pronouncements on that.

Seeking a solution for the translators

Glad to see it.

Three days after election workers barred translators from asking Korean-American voters if they needed assistance inside a Spring Branch polling place, Harris County Clerk Stan Stanart met with a group of Korean-Americans to find a way to avoid a similar outcome on Election Day.

At the end of the hour-long meeting, which was brokered by Houston Councilwoman Brenda Stardig, the two sides were unable to agree on a solution that would allow volunteer translators to efficiently help Korean speakers cast ballots while following Harris County’s interpretation of the Texas Election Code. Stanart and the Korean-Americans agreed to work together on a fix, and each proposed a set of rules for translators.

“I want them to be successful,” Stanart said of the voters, who are largely elderly naturalized U.S. citizens. “But I want it to be within the law.”

[…]

On Wednesday afternoon, the Korean-Americans and their supporters sat around a table in the Korean Community Center in Spring Branch with Stanart, Stardig, and members of their staffs. Stardig invited each side to share ideas on how to improve the voting experience for Korean speakers.

Stanart said groups like the Korean American Voters League should inform the county when they plan to take voters to the polls so election workers can be prepared. He suggested the translators could set up a stand outside the 100-foot buffer zone and solicit voters there.

Some of the Korean-Americans said that would be impractical, since polling places are often crowded and non-English speakers are unsure where to go. They said making translators shuffle in line for an hour or more in some cases, instead of being available on an ad-hoc basis when voters reach the booths, is inefficient.

Others objected to being called loiterers by the county, noting that label is not applied to journalists and exit pollsters, who are free to work inside the 100-foot zone. They said Harris County is unfairly applying the Texas Election Code, which is silent on what a loiterer is and does not explicitly state where translators may or may not stand.

“It’s really not that clear,” said Sang Shin, Houston branch president of the Asian American Bar Association. “There are different opinions to that, legally.”

See here for the background. I feel like this is an area of the law that has not been greatly tested in the past, and as such no one is quite sure what to do now. As I said in my earlier post, it would be a good idea to revisit this law and take a stab at clarifying and updating it to better serve modern voters. We have nothing to lose here but our current state of confusion.

Early voting, Day 10: Happy Halloween

Here are the totals for Wednesday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  48,478  288,568  337,046
2014  63,857  220,505  284,362
2018  82,009  605,869  687,878

2008  49,558  513,888  563,446
2012  61,972  549,816  611,788
2016  89,271  700,697  789,968

There was a dip in participation yesterday, which I would attribute to one part Halloween and one part bad weather. My guess is the numbers will bounce right back today. We are still very much on track to exceed the entire turnout for 2010 by the end of early voting.

UT-Tyler: Cruz 47.0, O’Rourke 43.4

Okay, fine, this is the final poll of the cycle.

Rep. Beto O’Rourke

Republican U.S. Sen. Ted Cruz leads challenger U.S. Rep. Beto O’Rourke, D-El Paso, by 3.6 percentage points among likely voters in a new University of Texas at Tyler poll released Wednesday.

According to the poll, which is the first one released by the university, 47 percent of the 905 likely voters surveyed online and on the phone said they would vote for Cruz, while 43.4 percent said they would vote for O’Rourke; 5.7 percent said they were “not sure,” and 3.9 percent chose “other.”

Among registered voters in the poll, Cruz’s lead was slightly larger at 4.3 percentage points, with 46.5 percent of respondents saying they would vote for Cruz, 42.2 percent saying they would vote for O’Rourke, 7.7 percent saying they were “not sure” and 3.5 percent choosing “other.”

The poll follows a slate of polls that show Cruz’s lead over O’Rourke narrowing. A Quinnipiac University poll released Monday said Cruz was up by 5 percentage points, and a University of Texas/Texas Tribune poll released Friday showed Cruz up by 6.

The UT-Tyler poll was conducted Oct. 15-28 and surveyed 1,033 adults. The margin of error among likely voters was 3.26 percentage points, while the margin of error among registered voters was 3.03 percentage points, according to Mark Owens, a political science professor at UT-Tyler who helped run the poll.

You can see the poll data here. I’ve no idea how UT-Tyler is as a polling outfit, but we’ll see how they do. I’m not sure why you wouldn’t ask respondents if they have already voted if your time in the field includes a week of early voting, but maybe that’s just me. The poll also has Greg Abbott up by 20 on Lupe Valdez, which is easily the largest difference between that race and Beto/Cruz. They have Valdez down in the low 30s. As you know, I don’t think there will be nearly that much separation between Beto and Lupe – some, but not double digits. The overall sample seems a bit Republican-leaning, based on their Trump/Clinton numbers, but perhaps that’s a function of their likely voter screen. Anyway, I’ll say again that I think this will be the last poll result we’ll see before we see the canonical one that counts.

Shame on you, Stan Stanart

Just go away.

Judging by Harris County Clerk Stan Stanart’s campaign website, you might think that he is running against George Soros — the billionaire Jewish philanthropist who’s become a worldwide lightning rod for anti-Semitic groups, white supremacists and conspiracy theorists, but who has no apparent connection to the county clerk’s duties or to any current Harris County race.

“Make NO mistake,” begins the main article on re-elect.stanstanart.com. “George Soros wants to control Harris County Elections and Stan Stanart is in his way…. There are many more Flag Waving, defenders of the Constitution then [sic] those who support Soros’ world views, but remember ‘All that is necessary for evil to succeed is that good men do nothing.’”

The page unnerves observers attuned to historic attacks on Jews — particularly in light of the past two weeks, in which a Trump supporter sent a pipe bomb to Soros’ house, and a conspiracy-theory-fueled neo-Nazi gunman killed 11 congregants at a Pittsburgh synagogue.

Stanart’s focus on Soros is “clearly a dog whistle,” said Houston voter Rachel Dvoretzky, who discovered Stanart’s website last week via a discussion on Facebook. “It’s red meat for a wave of anti-Semitism that’s infecting American public discourse right now.”

The Anti-Defamation League noted earlier in October that Soros had become the focus of “outsized conspiracy theories, including claims that he masterminds specific global plots or manipulates particular events to further his goals. Many of those conspiracy theories employ longstanding anti-Semitic myths, particularly the notion that rich and powerful Jews work behind the scenes, plotting to control countries and manipulate global events.”

That’s part of a rising tide of anti-Semitism, which had been growing fast even before the past week’s violence. According to the ADL, in 2017, the number of reported anti-Semitic incidents in the U.S. surged 57 percent.

Stanart, for his part, said there’s no anti-Semitic intent behind his website. “Are you serious?” he shouted on the phone. “Are you serious?”

Asked about the ADL statement decrying conspiracy theories related to Soros, Stanart called it “B.S.! Big B.S.! He meddles in lots of races across the U.S. It has nothing to do with religion.”

I’m going to pay Stanart the compliment of taking it as a given that he’s not too stupid to grasp why the obsession that people like him have with George Soros is stinkingly anti-Semitic. Thankfully, Stanart is apparently able to be shamed (eventually), so there you have it, two nice things I can say about the man. Not much else to say beyond that except that all decent people should vote him out of office.

Texas blog roundup for the week of October 29

The Texas Progressive Alliance urges everyone who has voted to work to get more people to the polls as it brings you this week’s roundup.

(more…)

Early voting, Day 9: Who are these people?

The question keeps getting asked, who is it that has been voting so far?

An unprecedented number of Texans cast their ballots during the first week of early voting, but it is impossible to predict whether that surge will benefit Republicans or Democrats because more than 25 percent of the voters have no primary election voting history, an analysis of data from the Secretary of State shows.

People whose voting records provide no clue of their party affiliation cast 27.8 percent of the ballots in the 15 most populous counties in Texas, according to the analysis by Republican consultant Derek Ryan.

About one-third of the early voters in those counties had voted in a Republican primary in the past; for Democrats, it was 30 percent. Those percentages are consistent with early voting totals from the last midterm primary, in 2014, Ryan said.

But the 2018 numbers leave too many unknowns to draw conclusions, Ryan said.

“Unless somebody’s out there polling those people and calling them, there’s really no way necessarily to know if those people are voting Republican or Democrat,” Ryan said. “The same goes for the people that have primary history. Just because somebody voted in a Republican primary, it doesn’t always necessarily mean that they’re a Republican or that they are voting for all the Republicans on the ballot.”

In Harris County, 30 percent of early voters had no primary voting history. Thirty-three percent of early voters in the county most recently voted in a Republican primary, compared to 28.6 percent who most recently voted in a Democratic primary.

In Bexar County, 28.5 percent of early voters had no primary voting history. For those who have cast ballots in primary elections before, 29.3 percent most recently voted in a Republican primary, compared to 32.6 percent who most recently voted in a Democratic primary.

The 15-county analysis also found an increase in voters with Hispanic surnames. Those voters have cast 19 percent of the ballots in early voting so far; in 2014, 15.2 percent of early voters in Texas had Hispanic surnames.

In the 2018 election, People aged 60 to 69 made up 21 percent of early voters so far, the largest age group, the 15-county analysis shows. Voters aged 50-59 made up the second largest group at just under 20 percent, and voters aged 40-49 percent made up the third largest group at about 15 percent. Early voters aged 20-29 made up about 8 percent. This breakdown was consistent with totals for the 2014 midterm elections.

One point to bear in mind when pondering the people with no primary history: In 2016, 2.8 million people voted in the Republican primary in Texas. That means that the no-primary-history people are not from that group. The comparable figure from 2016 for Dems is 1.4 million people. It’s true that in 2008, some 2.8 million people voted in the Democratic primary, but that was five election cycles ago. There are a lot of people who have voted in Texas elections since then who could not or did not participate in the 2008 primary.

I don’t want to draw any broad inferences from that. There were still about two million people who voted mostly Republican in November of 2016 but not in March, and a bit more than that on the Democratic side. The people with no primary history are mostly evidence of a larger electorate, for which I think we can all agree we already have evidence. There is evidence of more younger voters and of unlikely voters. I’ll say that benefits Democrats, but remember that Dems can do a lot better in 2018 than they did in 2014 and still fall short.

So. Here are the totals for Tuesday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  45,219  250,066  295,285
2014  60,400  191,432  251,832
2018  80,279  557,264  637,543

2008  47,413  443,267  490,680
2012  59,304  491,349  550,653
2016  86,456  626,627  713,083

A little less than Monday, but still 62K in person and 64K overall. By tomorrow, barring a complete dropoff, we will surpass the entire final turnout for 2014. By Friday, even if there isn’t the usual end-of-early-voting surge and we stay on the same pace as now, we’ll surpass the entire final turnout for 2010. Have I mentioned that we were breaking records and the only real question was by how much? This is what I mean. Things are pretty brisk in Dallas County, too. Have you voted yet?

Zerwas out, Bonnen in for Speaker

A harbinger of intrigue.

Rep. John Zerwas

State Rep. John Zerwas, a Richmond Republican, has withdrawn from the race for speaker of the Texas House, he confirmed to The Texas Tribune on Sunday evening.

“I am grateful for the opportunities I have had to engage with the members of the House. The honest conversations are critical to the relationships I have, and I am honored to work with such principled leaders,” he said in a statement to the Tribune. “While I believe that I could lead the House through a successful 2019 session, it has come time for me to end my bid for Speaker and wholly focus on writing the budget for the 2020-2021 biennium.”

His departure comes amid an effort among roughly 40 GOP House members to draft state Rep. Dennis Bonnen, R-Angleton, into the race. Bonnen did not immediately respond to a request for comment from The Texas Tribune.

On Sunday night, that group of 40 members was scheduled to gather in Austin to discuss recruiting him for the job. Bonnen previously had told The Texas Tribune in May that he was not interested in running for the top slot in the lower chamber. The Tribune was told Sunday night that Bonnen was not at the meeting.

There are still a lot of Speaker wannabes. Zerwas was the first among them, declaring his intent to run right after Joe Straus announced his departure. My speculation when I read this was that the various Straus-like candidates have concluded their best move is to consolidate behind one candidate that they think can win, someone who Democrats and enough Republicans can support, so as to pre-empt the non-Straus contenders. For that to happen, to assuage egos and whatnot, the compromise/consensus candidate would have to be someone who is not currently a candidate. And thus it was:

State Rep. Dennis Bonnen, R-Angleton, said Tuesday he is officially running for speaker of the Texas House — two days after an Oct. 28 meeting in Austin, where roughly 40 GOP House members gathered to discuss recruiting him for the job.

“Throughout my career in the House, I have always emphasized my respect for the institution as a whole as well as the unique position each member has to serve their district,” Bonnen said in a statement. “I look forward to the many conversations to come with members across the state. My desire, which I believe I share with the vast majority of my colleagues, is that this process come to a conclusion with a House ready to do the people’s business with strength, resolve, and unity in the 86th Legislative Session.”

Clearly, they were sufficiently persuasive. Not to put too fine a point on it, but this is more or less how Straus emerged as a contender for Speaker in the first place – the dozen or so renegade Republicans who were publicly gunning for Tom Craddick emerged from a meeting with him as their exemplar, and after that it was all a matter of counting noses. We’ll see if it works.

“The least-discussed vulnerable Republican on the ballot”

From Grits:

Grits does not expect Beto O’Rourke to win. But if he were to pull off the upset, many other dominos could fall in succession as a result, with at least three Republican senators, Texas’ Attorney General, and potentially even the Lt. Governor at risk. Another race likely to flip if Dem turnout goes that high is Presiding Judge of the Texas Court of Criminal Appeals. Incumbent Sharon Keller won her primary with only 52% of the vote, and CCA races have consistently been among the lowest vote-getters over the years among Republican statewide officials. There is no Libertarian in the race, so the Democrat, Maria Jackson, should get all the anti-incumbent vote. If, on election night, the US Senate race at the top of the ticket is competitive, or heaven forbid, Beto pulls an upset, check down the ballot for this race; it may flip, too.

It’s a little more complicated than that. The basis of this idea, which Grits has advanced before, is that in past elections Republicans have tended to drop off and not vote in downballot races more than Democrats have. If that is the case, and if the top of the ticket features a close race, then it stands to reason that other statewide races would be closer, and might even flip. I made the same observation early in the 2016 cycle when the polls were more favorable to Hillary Clinton in Texas. We seem to be headed for a close race at the top of the ticket this year, so could this scenario happen?

Well, lots of things can happen, but let’s run through the caveats first. First and foremost, Republicans don’t undervote in downballot races at the same pace in off years as they do in Presidential years. Here’s how the judicial vote totals from 2014 compared to the top of the ticket:


2014

Abbott - 2,796,547
Davis - 1,835,596

Candidate         Votes   Dropoff   Drop %
==========================================
Hecht         2,757,218    39,329     1.4%
Brown         2,772,824    23,723     0.8%
Boyd          2,711,363    85,184     3.0%
Richardson    2,738,412    58,135     2.1%

Moody         1,720,343   115,253     6.3%
Meyers        1,677,478   158,118     8.6%
Benavides     1,731,031   104,565     5.7%
Granberg      1,671,921   163,375     8.9%

Maybe if the hot race that year had been more closely contested we’d see something more like what we’ve seen in Presidential years, but so far this isn’t encouraging for that hypothesis.

The other issue is that it’s clear from polling that Beto is getting some number of Republican votes. That’s great for him and it’s a part of why that race is winnable for him, but the Republicans who vote for Beto are probably going to vote for mostly Republicans downballot. The end result of that is judicial candidates who outperform the guy at the top. Like what happened in 2016:


Trump    = 4,685,047
Lehrmann = 4,807,986
Green    = 4,758,334
Guzman   = 4,884,441
Keel     = 4,790,800
Walker   = 4,782,144
Keasler  = 4,785,012

So while Trump carried Texas by nine points, these judicial candidates were winning by about 15 points. Once more, not great for this theory.

Now again, nine points isn’t that close, or at least not close enough for this scenario to be likely. (I had suggested a maximum six-point spread in 2016.) Nine points in this context is probably a half million votes, and undervoting isn’t going to cut it for making up that much ground. But if Beto is, say, within four points (or, praise Jeebus, he wins), and if the reason he’s that close is primarily due to base Democratic turnout being sky high and not anti-Cruz Republicans, then the rest of the statewide ballot becomes very interesting. I personally would bet on Ken Paxton or Sid Miller going down before one of the Supreme Court or CCA justices, but the closer we are to 50-50, the more likely that anything really can happen. You know what you need to do to make that possible.

Translators

I wish there were a better way to handle this.

The Harris County Clerk’s office on Monday defended a decision by election workers to bar translators offering assistance to Korean-American voters from a Spring Branch polling site the day before.

The county said translators are free to approach voters outside the 100-foot protected zone at each polling place, but Dona Kim Murphey of the Korean-American Association of Houston said Harris County is too strict in its interpretation of the Texas Election Code.

“Nowhere does it say we can’t offer that translation at the entrance of the facility,” Murphey said. “That is unacceptable.”

Local Korean-language outlets urged voters to cast ballots at the Trini Mendenhall Community Center on Sunday because translators, including Murphey, would be there to provide assistance. She said poll workers barred the group of translators from asking Korean speakers in line if they needed help.

The translators were permitted to approach voters in the parking lot, but Murphey estimated they were only able to help 40 to 50 Korean speakers instead of the hundreds they had planned. Several thousand Korean-Americans reside in Spring Branch, and more than 30,000 live in the Houston area.

Douglas Ray, a deputy in the Harris County Attorney’s Office, said the translators were considered loiterers under the Texas Election Code when they were inside the polling place, because they lacked a “legitimate business purpose” for being there. The code bars loitering and electioneering — advocating for a particular cause or candidate — within the 100-foot protection zone.

[…]

Voters are permitted to bring translators for assistance, so long as they swear an oath to translate accurately. Ray said the problem arose Sunday because the translators were asking voters if they needed help, instead of the other way around. Though journalists and exit pollsters are permitted to speak to voters waiting in line, with the permission of poll workers, Ray said translators offering help are prohibited.

Ray said translators are free to offer their services to voters at any point before they enter the 100-foot zone.

“We just don’t want them to solicit inside the polling place,” he said.

Sam Taylor, spokesman for the Texas secretary of state’s office, said the election code supports Harris County’s rationale because a translator who has yet to be requested by a voter does not meet the description of an authorized person who is permitted at a polling place.

See here for an earlier story. I suspect the county’s interpretation of the law is accurate, though perhaps there’s room for a little slack. More likely, I’d say this law was built on some less-than-progressive assumptions and could use a revamp by the Legislature. Wouldn’t be the first time this was the case. I’d like to see someone give this a thorough review and put forth a bill that makes it easier for well-meaning volunteers like the folks from the Korean American Association of Houston to help the people who need it at the polls.

Early voting, Day 8: On to Week 2

Here are the totals for Monday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  42,795  214,778  257,573
2014  57,929  163,275  221,204
2018  78,590  494,712  573,302

2008  46,085  376,761  422,846
2012  57,031  429,186  486,217
2016  85,120  555,383  640,503

The in person total yesterday was roughly what it was on Friday, which is to say on the high end for Week 1 but not a step up. My guess is that today and Wednesday will be similar, Thursday will be about the same or a bit higher, and Friday as per usual will be the busiest day, maybe fifty percent or so higher than the totals we’ve seen so far. Again, roughly speaking, that puts us in range for 850K to 900K for the early voting period, perhaps a bit more than the “45% in the first five days” scenario I outlined here. Could still be more, likely won’t be less. We’ll all then guess what next Tuesday’s turnout will be. Have you voted yet? If not, when do you plan to hit the polls?

Quinnipiac: Cruz 51, O’Rourke 46

One last poll for the road.

Rep. Beto O’Rourke

U.S. Sen. Ted Cruz, R-Texas, leads El Paso Democrat Beto O’Rourke by 5 percentage points, according to a new poll from Quinnipiac University.

The poll, released Monday with just a over a week left before Election Day, found that 51 percent of likely voters favor Cruz and 46 favor O’Rourke, with just 3 percent undecided. Early voting in Texas is well underway, with numbers at historic highs that have given both campaigns reason for optimism.

[…]

“With a week to go, Texas U.S. Sen. Ted Cruz remains in front, with a slim lead over U.S. Rep. Beto O’Rourke. O’Rourke is within striking distance, but time is running out in a race that Democrats have hoped would deliver an upset victory that would be key to a Senate takeover,” Peter A. Brown, assistant director of the Quinnipiac University Poll, said in a news release.

The polling memo is here. Add this to the pile of other polls from October. The last Q-poll had it as Cruz 54, O’Rourke 45, but you should never read too much into any one poll. This poll also had Abbott leading Valdez 54-40, which is a more modest lead for Abbott than some other polls have shown. At this point, any other results, if they exist, would need to take into account people who have already voted. And when it’s all over, I’ll be very interested to hear from pollsters about how accurate their turnout models wound up being.

More campus voting issues

Hello, Texas State.

The long early voting line that wrapped around the LBJ Student Center earlier this week was a welcome sign to those at Texas State University who were hoping for strong enthusiasm among young voters on campus.

But with early voting on campus restricted to three days, civil rights attorneys, voting rights advocates and local Democrats are now raising the specter that the hour-and-a-half waits that students faced at the polling location could not only dim student turnout but also violate state and federal law.

In a letter sent to the county Thursday evening, lawyers with the Texas Civil Rights Project — on behalf of two Texas State students, MOVE Texas Action Fund and the League of Women Voters of Hays County — demanded that the county reopen the early voting location on campus and add an Election Day voting site to avoid a lawsuit.

Requesting a response by 12 p.m. Friday, the Texas Civil Rights Project alleged that the county’s decision to limit early voting at the on-campus location was a violation of the U.S. Constitution because it specifically targets a class of voters.

“The burdens imposed by closing the on-campus early voting location fall particularly and disproportionately on the county’s young voters, who are significantly more likely to live on or near campus and are less likely to have easy, immediate access to reliable transportation to vote off-campus,” Beth Stevens, the Texas Civil Right’s Project’s voting rights legal director, wrote.

The Texas Civil Rights Project also claimed the closure of the on-campus polling site violates two portions of the Texas election code — one that limits the number of temporary polling places in a county commissioner’s precinct and another that regulates the number of polling locations that must be set up for each voting precinct.

[…]

Access to early voting on college campuses varies across the state. Students at the University of Texas at Austin have access to two on-campus polling locations throughout the early voting period and on Election Day. Tarrant County is splitting up its early voting between several universities and colleges, offering three days of early voting at both the University of Texas at Arlington and Texas Christian University.

Meanwhile, students at the University of Houston and Rice University — both in Harris County — and University of North Texas in Denton will only have access to on-campus voting on Election Day.

See here for more on the Prairie View situation. In the end, Hays County Commissioners Court took corrective action.

After being threatened with a lawsuit over early voting access at Texas State University, Hays County commissioners voted Friday to expand voting hours on campus.

In an emergency meeting, the Republican-dominated court voted to re-open the early voting site that operated on campus during the first three days of early. The polling location at the LBJ Student Center will reopen on Nov. 1 and Nov. 2 from 7 a.m. to 7 p.m. The commissioners also agreed to add an Election Day voting site at the university.

“I want everyone to know and understand that we are doing our best. We are trying to follow the laws and allow the opportunity for all to be able to vote in the most efficient manner possible,” Commissioner Lon Shell, a Republican, said before the court went into executive session to discuss the issue.

Good. I mean, we are experiencing record turnout for early voting, which is one part a much higher level of engagement this year versus 2014, and one part more people shifting their behavior to vote early instead of on Election Day. Counties are going to need to respond to that, and they need to do so before voting begins. Not every college campus needs to have an early voting location, but at places like PVAMU and TSU it makes sense. Beyond that, let’s please not treat early voting locations differently. If a site is good for early voting, let it be as good as every other site in the county.

Schwertner claims sexually suggestive text did not come from his phone

His lawyers say that, anyway.

Sen. Charles Schwertner

Lawyers for state Sen. Charles Schwertner said Monday that the Georgetown Republican, under fire for allegedly sending lewd messages to a University of Texas at Austin student, submitted his phone to a forensic examiner who “determined that the photo and texts in question could not have come from the senator’s phone.”

“We are hopeful that the University of Texas will do the right thing and exonerate the senator immediately,” the lawyers, Perry Minton and David Minton, wrote in a joint statement. “The voters of Sen. Schwertner’s district deserve to have this information directly from the university.”

Representatives for the Austin flagship have declined to acknowledge or comment on the investigation, citing a need to protect the integrity of the process. A spokesman again declined to comment Monday. The examiner, R3 Digital Forensics of Austin, could not be immediately reached for comment.

The lawyers’ statement said Schwertner delivered his phone to a forensic examiner “to view the relevant contents,” but it did not provide more detail about how the examiner’s determination was reached or who retained the firm.

See here for the last update. It is possible to spoof caller ID in a text message, so it is possible that the grad student in question could have received a text that looked like it came from Sen. Schwertner but didn’t. However, as that link notes, it’s not something that the average person can do without installing a third-party app. What that says is that if this was a fake, it was a premeditated fake. You had to think about what you’re doing, maybe do some research first, to accomplish this. So that raises the question of who had that kind of grudge against Sen. Schwertner? It’s one thing to imagine someone, in a fit of pique and with access to Schwertner’s phone, doing something stupid. This is something else.

Assuming the claim is true, of course. We just have Schwertner’s attorneys’ word for it right now, and it’s possible they may not be telling the whole story. I’ll wait and see what UT and the respected former prosecutor they hired to investigate this before I consider the matter resolved.

Day 7 early voting: Let the hot takes begin

I’m just going to quote this bit from this story about how the Senate campaigns are interpreting the early vote turnout so far.

Derek Ryan, a GOP data consultant who previously worked for the state party, said there are a couple metrics among the 15 counties that could be heartening each candidate. In Ryan’s analysis, Republican primary voters currently have a 90,000-vote advantage over their Democratic counterparts in early voting — a margin that is “definitely going to help Cruz out considerably,” Ryan said.

O’Rourke, meanwhile, could be boosted by early voters who have not voted in a general or primary election over the last eight years — currently 8.5 percent versus 5 percent for the entire 2014 period, according to Ryan’s analysis.

“The campaigns are seeing the same numbers that we are,” Ryan said. “Cruz is probably focusing on these primary voters. Beto’s probably optimistic about the ones that don’t have any primary election history.”

Two additional pieces of context to add here. One is that it’s always helpful to have a point of comparison. What kind of primary voter advantage did Republicans (presumably) have in 2014? My guess is that it was greater than it is now, but it would be nice to know that. We can also tell a bit more about those people with no primary history; I’m sure Derek Ryan knows that, he may just not want to do that kind of analysis in public. There’s also the question of when each party’s voters tend to come out. In Harris County at least, the first five days tend to be Republican, the weekend belongs to the Democrats, then the last five days generally trend in the Dems’ direction from the baseline of the first week. From what I know, this pattern has held true so far, at a higher Democratic level than in 2014. Whether that will continue in this highly atypical year is anyone’s guess.

Anyway. Here are the totals for Sunday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  40,553  181,084  221,637
2014  57,546  137,137  194,683
2018  77,347  429,009  506,356

2008  45,361  314,252  359,613
2012  53,131  362,827  415,958
2016  80,681  486,060  566,741

We are now well past the cumulative EV total for 2010. I expect we’ll exceed the 2008 and 2012 totals by the end of the week; if past patterns hold and the final day or two of early voting have the highest individual day totals, we could exceed 2012 by a lot, and maybe approach 2016. Historic patterns have held for the first week, so I’d say the odds are they’ll hold for the second week. We’ll know soon enough.

Will teachers turn out for Mike Collier?

He sure hopes so.

Mike Collier

On his long-shot campaign to unseat incumbent Lt. Gov. Dan Patrick, Collier is hoping he’s popular in a lot of rooms that look like this one — where after hearing from him, education-focused voters in a reliably red county said in interviews that they planned to vote for Republican Gov. Greg Abbott, then cross over to back Collier.

Collier, a Houston accountant and a failed 2014 candidate for Texas comptroller, is at a deep, perhaps insurmountable disadvantage in deep-red Texas, where Patrick has served in state government for more than a decade and accumulated about 35 times as much cash on hand.

Still, Collier says he can see a path to victory — and it starts here, in a crowd of retired teachers, scribbling on the bingo card-like sheets they’ve prepared for the occasion, sipping coffee out of teeny foam cups, some nodding along and a few nodding off.

But are there enough rooms like this to carry him to victory?

[…]

If Collier is positioning himself to draw center-right Republicans back over the line, public education may be his best issue. Patrick is not an uncontroversial figure among teachers, retired teachers and public school parents.

As a former chair of the Texas Senate’s public education committee and as the leader of the upper chamber, Patrick has championed what he calls “school choice” and critics, many of them public school educators, call “vouchers” — programs that would give Texas families subsidies to fund private school tuition for their kids. During last summer’s special session, as the Legislature debated an influx of cash for public schools, the Texas House offered up $1.8 billion — $1.5 billion more than Patrick’s Texas Senate proposed.

“When you have 700,000 school employees, they’re not all going to be on the same page. That said, I do feel like if there’s any one person out there that they’re most unified about it’s probably the lieutenant governor,” said Monty Exter, a lobbyist at the Association of Texas Professional Educators.

As a senator, Exter said, Patrick “was pushing reforms that lots of educators are not necessarily in favor of. He doesn’t seem to favor class-size restrictions and they really, really do. He really does favor vouchers and they really, really don’t. And the funding issues have died in his hands or at his hands.”

If public education is your issue, then I don’t know how you can even think of voting for Dan Patrick. It’s just that generally speaking, public education hasn’t been a big motivating issue for a lot of people, even those who have a direct stake in it. Maybe this is the year, I don’t know. The story talks about how pro-education candidates lost in this year’s Republican primaries, but that misses the point. Collier doesn’t need a majority of Republican voters to defect for him to win. If base Democratic turnout is sufficiently high – still a big if, even with the encouraging early voting numbers so far – he probably needs between ten and twenty percent of them. That’s doable, and it’s within the range of past performances. That’s an if on top of an if, but at least it’s a chance. If the teachers want to send a message, it’s in their capacity to do so.

We have an Ike Dike plan

Now we need a plan to pay for it.

A decade after Hurricane Ike devastated the Texas Gulf Coast, the U.S. Army Corps of Engineers announced Friday that a more ambitious version of the proposed “Ike Dike” — a 70-mile-long coastal barrier that could cost as much as $31 billion — is the preferred choice for protecting the state’s coastline from future storm surges.

The decision moves the project closer to ultimately being built, but leaves unanswered how to pay for it, especially with the estimated cost skyrocketing to between $23 billion and $31 billion — two to three times above original estimates.

The option backed by the Army Corps and the Texas General Land Office is similar to the original “Ike Dike” proposal developed by researchers at Texas A&M University in Galveston after Ike hammered southeast Texas in 2008, with some subtle differences.

“This study actually incorporates both coastal storm risk management features and ecosystem restoration features up and down the coast and some coastal storm risk management down on South Padre (Island),” said Kelly Burks-Copes, the project manager for the Army Corps’ study. “It’s a comprehensive study so it’s looking at the entire coast of Texas, much bigger than the Ike Dike per se.”

[…]

The coastal barrier would be a system of levees and sea gates beginning on high ground north of High Island and running the length of the Bolivar Peninsula. It would then cross the entrance of Galveston Bay and extend the length of Galveston Island, incorporating the existing seawall. It would end at San Luis Pass.

At the entrance to Galveston Bay, a system of storm surge gates would be constructed to protect the coastline during storm events but otherwise allow for navigation to the ports of Galveston, Texas City and Houston. A large navigation gate would also be placed along the ship channel. These gates are modeled after similar structures in London on the River Thames and on the coast of the Netherlands.

A “ring levee” would also be placed around Galveston to protect the bayside of the island, a densely populated area, from surge and flood waters. Gates and other barriers would be built near Clear Creek as well as Dickinson, Offatts and Highland bayous.

The plan also includes beach and dune restoration along the lower Texas coast, and nine ecosystem restoration projects to increase resilience.

Bill Merrell, a Texas A&M University Galveston professor who proposed the Ike Dike concept more than nine years ago, noted some minor differences between his original plan and the one backed by the two agencies.

Merrell’s plan included a gate at San Luis Pass, which is south of Galveston, and a mix of gray and green infrastructure along the coast, most notably a series of 17-foot high dunes on Bolivar Peninsula and Galveston in lieu of a seawall. Built after the catastrophic 1900 Galveston hurricane, the 17-foot-high seawall spared the island from many storms but was overtopped by Ike’s storm surge and waves.

He also did not include any protection for High Island, nor a ring levee around Galveston, which he called an “extreme” measure that would require a sophisticated pumping system in the event of heavy rains.

“It’s a fishbowl effect. You have to pump it, and if your pumps work, you’re happy, and if your pumps don’t work, you drown,” Merrell said. “You’d have to pour a lot of maintenance money into it.”

Burks-Copes said that dunes and beach nourishment are “still in play” as options for Galveston and Bolivar Peninsula as opposed to a more hardened barrier.

See here for the background, here for the four alternatives that were under consideration, here for the plan that was chosen, and here for the related documents for public review. I just want to stress that the federal government absolutely, 100%, no questions asked can afford this. We may need to chisel back a tiny portion of the massive giveaway to the rich known as the Trump tax cuts to make us feel like we can afford it, but we can afford it. What we can’t afford is to do nothing.

Weekend link dump for October 28

“One of the central contradictions of capitalism is that what makes it work — competition — is also what capitalists want to get rid of the most.”

“Thing is, Trump may indeed be nuts; but his constant lying is perhaps the least nutty thing about him. His relentless dishonesty works.”

“All of which is to say that Scott Warren has a far stronger claim as to the sincerity of his religious beliefs than Hobby Lobby did.”

“Was Gary Hart Set Up?” Maybe. Read and see what you think.

One Hundred Websites that Shaped The Internet As We Know It.

RIP, Joachim Ronneberg, Norwegian resistance fighter who sabotaged Nazi Germany’s nuclear weapons ambitions during World War Two.

Hey, remember when Donald Trump claimed to be a champion of LGBT rights?

So many things to investigate, so much need to take the House majority back to do them.

“Why is a congressman from Iowa weighing in on local politics in another country? Because there’s an outright white nationalist running for mayor in Toronto, and wherever an explicit white nationalist is running for office — in the U.S., in Canada, in Austria or France — Steve King feels compelled to lend his support.”

“I will build the best sandcastle in the galaxy!”

“As usual, the correct response to all this is ‘poor Blake Bortles.'”

“Mr. Trump’s aides have repeatedly warned him that his cellphone calls are not secure, and they have told him that Russian spies are routinely eavesdropping on the calls, as well. But aides say the voluble president, who has been pressured into using his secure White House landline more often these days, has still refused to give up his iPhones. White House officials say they can only hope he refrains from discussing classified information when he is on them.” What could possibly go wrong?

“Firstly, to Ernest Lawrence Thayer, a man whom I have never met but is apparently obsessed with me: Thank you so much for taking the ONE TIME I messed up at baseball and turning it into an incredibly long poem. What a wonderful use of your creative faculties. You seem like a very chill person.”

“An image on the explosive device sent to former CIA Director John Brennan on Tuesday appears to be a parody of an ISIS flag taken from a meme that has been circulating on right-wing corners of the internet since 2014.”

Please don’t bring Grandma’s cremated ashes into Disney World.

A look at the last time the Red Sox and the team now known as the Dodgers played in the World Series.

RIP, Ovide Duncantell, founder of Houston’s Black Heritage Society and the nation’s first parade to honor Martin Luther King Jr.

Day 6 early voting: A very early stab at projecting turnout

This is the point in the early voting process where early voting hours expand, and as a result daily EV reports come in later. That may affect my ability to present the latest data each day, so I’m going to break the pattern today and engage in one of my favorite exercise, which is to use the data we have so far and make some wild guesses about where we may end up. Let’s take a look back at the first five days of early voting from the past elections we’ve been tracking, and see what fraction of the final EV total they were, and then how much of the complete vote was cast during the EV period. We begin with a table:


Year  5 Day EV  Final EV  5 Day%
================================
2010   164,190   447,701  36.67%
2014   158,399   379,282  41.76%

2008   260,105   746,061  34.86%
2012   313,405   777,067  40.33%
2016   452,124   985,571  45.87%

I’ve separated the Presidential years from the non-Presidential years because we generally have very different electorates in each, and as such the behavior of one crowd may not be that predictive of the other. This year sure seems more like a Presidential year, so we’ll take all the numbers into account. The other factor, as you can see above, is that there has been a steady shift towards more and earlier early voting. Week 2 of early voting is always busier than Week 1, though that is becoming less the case. My guess is that we’ll see a pattern more like 2014 or 2016, but we can take a broader range of possibility into account:

380,266 at 35% = 1,086,474
380,266 at 40% = 950,665
380,266 at 45% = 845,035
380,266 at 50% = 760,532

I have a hard time believing we’ve already seen half of the early votes, but it’s possible. I think the third possibility, which would be approximately what we saw in 2016, is the most likely, though as with all things this year I hesitate to be too definitive. Note that outside of the last scenario, the early voting total will surpass the entire turnout for any off year in Harris County. The question here is not whether we’ll break records, it’s by how much.

The other side of this equation is projecting final turnout from EV turnout. We go once again to the historic data:

2016 = 73.61% early
2014 = 55.13% early
2012 = 64.53% early
2010 = 56.03% early
2008 = 62.76% early

Again we see a distinction between the Presidential and non-Presidential years, and again we see a trend towards more of the vote being cast early, 2014 notwithstanding. So again, we consider a range of possibilties:

760,532 at 75% = 1,014,082
845,035 at 75% = 1,126,713
950,665 at 75% = 1,267,553
1,086,474 at 75% = 1,448,632

760,532 at 65% = 1,170,049
845,035 at 65% = 1,300,053
950,665 at 65% = 1,462,561
1,086,474 at 65% = 1,671,498

I’m basically assuming this will be more like a Presidential year in terms of when people vote. It makes no sense to me that we’ll have nearly half the vote cast on November 6, so I’m not going to calculate a 55% scenario. Even with the most conservative projections, we’re on pace to top one million, and beating past Presidential years is within range. Final turnout in 2008 was 1,188,731, and it is certainly possible we could top that. I have a hard time wrapping my mind around the idea that 2016’s mark of 1,338,898 could be exceeded, but I can’t rule it out. Ask me again after early voting is done. Like I said, it’s not a question of whether we’ll break records, but by how much.

UPDATE: The Saturday EV totals came in a bit before 9. Google Drive is being unresponsive so I can’t give you a link, but I can tell you there were 8,646 mail ballots received, 79,641 in person votes cast, and the overall total is up to 468,549, which is more than the entire EV turnout of 2010. As the man once said, hold onto your butts.

The eSlate issue

Everyone please take a deep breath.

Some straight-ticket voters have reported that voting machines recorded them selecting the candidate of another party for U.S. Senate, exposing a potential problem with the integrity of the state’s high-profile contest between U.S. Sen. Ted Cruz and Congressman Beto O’Rourke and leading good government groups to sound the alarm.

Several Democratic voters, for example, have complained the voting system indicated they were about to cast a vote for Cruz, a Republican, instead of Democrat O’Rourke as they prepared to send it. Some said they were able to get help from staff at the polling place and change their votes back to what they intended before finalizing their ballots.

Most of the 15 to 20 people who have complained to the state so far said that their straight-ticket ballot left their vote for U.S. Senate blank, according to Sam Taylor, communications director for the Secretary of State. A spokesman for the Texas Civil Rights Project said the group has received about a half dozen complaints, mostly of Democratic straight ticket voters whose ballots erroneously included a vote for Cruz, and one Republican straight ticket voter whose ballot tabulated a vote for O’Rourke.

The problem occurs on the Hart eSlate voting machine when voters turn a selection dial and hit the “enter” button simultaneously, according to the state. Eighty-two of the 254 counties in Texas have these machines, although complaints have only come from Fort Bend, Harris, McLennan, Montgomery, Tarrant and Travis counties, according to Taylor.

The issue with the eSlate machine first surfaced in the 2016 presidential election. The Secretary of State’s office described it as user error at that time, and said the same of this year’s problems in an advisory sent to election workers issued this week.

“It does pop up from time to time,” said Taylor. Voters should “double and triple check and slow down” before casting their ballots, he said.

Although the state sent the advisory, the Civil Rights Project contends that more should be done to ensure voters understand the potential for wrongly recorded votes.

The group is pushing the state to post advisories to inform voters at the polls about the problem, and how to detect it.

“This is not an isolated issue but a symptom of a wider breakdown in Texas’s election systems,” said Beth Stevens, the organization’s voting rights director. “Texas voters should have full confidence that when they use a voting machine they are indeed casting their ballot of choice.”

I would dispute that this problem first surfaced in the 2016 election. We’ve heard a variation of problems like this going back to at least 2008. Here’s a post I wrote back then, in which there was confusion – some of which was being spread intentionally – about voting straight ticket and then clicking again on Obama/Biden, which of course would have the effect of canceling the vote in that race. This particular complaint may be relatively new, but reports of the voting machines not doing what the voters thought they were going to do have literally always been with us. It’s one part bad interface design, and one part user error.

The solution – for now – really is to review your ballot before you press the “cast vote” button. I do that in every election, because it’s always possible to not click what you thought you’d clicked, just like it’s possible to do that on your computer or tablet or cellphone. Election officials can and should do a more thorough job of educating voters about the voting machines – there are always new voters, and there are always voters who are not confident with electronic gadgets, and these people have as much right to vote the way they want to vote as anyone else – but the bottom line remains the same. Review your ballot before you commit to it, just like you review other transactions.

Here’s that advisory from the Secretary of State, and here’s the press release and letter to the SOS from the Texas Civil Rights Project. The TCRP is 100% correct that Texas needs to upgrade its voting machines, both to improve the interface and also to bolster security. As someone who works in cybersecurity, it’s unthinkable that we have voting systems that provide neither redundancy nor an audit trail. We know what a better system looks like, we just need a government that is willing to invest in it. We just need to vote in sufficient numbers to make that happen. The Trib has more.

Harris County makes its robot brothel ban official

We can all sleep more soundly now.

Harris County Commissioners Court on Tuesday unanimously adopted new rules to prevent so-called “robot brothels” from opening and more strictly regulate sexually oriented businesses in unincorporated areas.

The county already had been revising its sexually oriented business rules, first adopted in 1996, but decided to specifically address lifelike sex dolls for rent after Toronto-based company KinkySdollsS considered opening a Houston branch where patrons could try out human-like “adult love dolls” in private rooms at the shop.

[…]

Assistant County Attorney Celena Vinson said the county largely adopted language Houston’s legal department had written.

“We wanted to address the sex robot shop that was allegedly going to open in the city, and wanted to ensure our regulations were consistent with what the city of Houston was doing,” Vinson said.

The changes now clearly define sex dolls like the ones advertised by the Toronto firm as “anthropomorphic devices” and prohibit companies from renting them out to customers. Residents of the city and county remain free to purchase such devices for use in their own homes.

See here, here, and here for the background. Despite my best efforts, I still don’t have anything useful to say about this. I just can’t resist blogging about it, and Lord knows we can use the occasional respite from the real news. You’re welcome.

Endorsement watch: Fort Bend DA

One last recommendation.

Brian Middleton

The race for Fort Bend District Attorney presents voters with a choice that’s starting to feel familiar in Texas politics: An experienced Republican who represents the past and an upstart Democrat who wants to welcome the future.

In this race voters should go with the Democrat, Brian M. Middleton, because of his openness to new ideas in the realm of criminal justice.

Republican Cliff Vacek has decades of experience as an attorney, including overseeing a large law firm and serving as a district judge for 10 years with concurrent civil and criminal jurisdiction. He is board certified in personal injury law and received his law degree from the University of Houston Law Center. No doubt he has the resume to serve, but Vacek is skeptical of changes happening in our criminal courthouses. Practices that are routine in Harris County, under both Republicans and Democrats, are uncommon in Fort Bend and he likes it that way. For example, he told us that pretrial diversion — which helps people avoid convictions — should rarely be used.

For Vacek, the biggest problem in the Fort Bend courts are that it takes too long to get cases to trial.

[…]

What really convinced us was watching the two candidates sit side-by-side during the candidate screening and discuss drug policy.

Middleton said he though that low-level possession of marijuana should result in an automatic personal recognisance bond, an in-court assessment and, if appropriate, pre-trial diversion.

Vacek, on the other hand, spoke like a drug warrior and referred to marijuana as “a gateway drug.”

Times are changing, Fort Bend is changing, and the District Attorney’s Office needs a leader who is willing to change, too.

See here for some background. As we know, there have been a lot of reform-minded DAs getting elected around the country in the last couple of years, including here is Harris County. Most of them have been in heavily Democratic counties, with the wins coming in primaries. Winning in Fort Bend would be a new frontier for the criminal justice reform movement.