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Congress

Two views of Democratic fundraising

Positive:

For the first time in a generation, there is a Democrat running for Congress in every single district in the state.

Most of those candidates vying to unseat Republicans will likely lose. Many are running in districts where President Donald Trump and the GOP incumbent won by double digits in 2016. But campaign finance reports show that a significant number of these Democrats are running professional campaigns, hiring staff and making their presence known in their communities.

And in this effort, they are bringing big money into the state.

Back in 2016, Texas U.S. House Republican candidates raised an aggregate sum of $32.3 million at this point in the cycle, nearly three times as much as Texas U.S. House Democratic candidates, who raised $11.4 million, according to a Texas Tribune analysis of campaign finance reports.

Two years later, Texas U.S. House Republican candidates have raised an aggregate sum of $34.8 million so far this cycle, similar to where they were in 2016. Democrats in Texas meanwhile, have nearly doubled their haul, having raised $21.8 million.

These figures do not reflect the more than $30 million raised so far in the state’s high profile race for U.S. Senate between Republican incumbent Ted Cruz and Democratic U.S. Rep. Beto O’Rourke.

And negative:

Four years ago, Wendy Davis was touring Texas like a rock star as she ran for governor. Sporting the same pink Mizuno sneakers she wore for her famous filibuster against a bill to restrict abortions, she was greeted by 1,600 cheering fans here, many of them wearing “Turn Texas Blue” T-shirts.

She had more than $10 million in the bank of the $37 million she would raise in her bid to become the first Democrat elected to statewide office in Texas in 20 years.

Now, as former Dallas County Sheriff Lupe Valdez runs for the same office against Gov. Greg Abbott — who beat Davis by more than 20 percentage points — the crowds have often been scant. Valdez’s statewide name ID remains slim. Her bank account has been skinnier than a coyote in the desert.

Nevertheless, Democratic Party insiders expressed little concern as Valdez on Tuesday reported raising $742,250 in political contributions in the past seven months. As of June 30, she had $222,050 in the bank.

Instead of trying to build Valdez vs. Abbott into a marquee race, Democrats are focusing much of their attention — and campaign cash — on down-ballot and congressional races that have drawn a record number of candidates.

They’re hoping for what they call the reverse coattails effect — essentially they’re banking on well-funded Senate candidate Beto O’Rourke and the Democrats running for Congress, state and local office to help generate turnout for statewide candidates for governor, lieutenant governor and attorney general, instead of the other way around.

[…]

“Wendy (Davis) inspired optimism and enthusiasm, and she raised enough money to mount a top-flight campaign,” said Rice University political scientist Mark Jones, who analyzed the 2014 race and has been watching Valdez’s sputtering campaign — now at its halfway point approaching the November general election.

“This campaign is an embarrassment to everyone involved — Lupe Valdez, the Democratic Party, even Greg Abbott. At this point, I don’t think anyone could imagine Lupe Valdez as governor. You can’t create an alternate universe where she could win.”

But Jerry Polinard, a longtime political scientist at the University of Texas-Rio Grande Valley, said the party’s strategy could pay dividends in the future “if they’re successful in some of their down-ballot races. That could lay a groundwork for the future.”

If not, “that’ll be the party’s next big problem,” he said. “I’ve never seen a year like this in Texas at the top of the state ballot.”

I think you know where I stand on this. I’ll say again, Beto O’Rourke has raised a lot more money by this point than Davis did, and as we well know the Congressional challengers are orders of magnitude ahead of where they were in 2014. Yes, it would be nice if Lupe Valdez and Mike Collier could stay within the same zip code as Greg Abbott and Dan Patrick. But expand your field of vision a little, all right?

July 2018 campaign finance reports: Congress

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

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


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

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

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

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

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

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

Dems keep posting very strong finance reports

Wow.

There are few bigger warning signs for a member of Congress that their re-election may be in doubt than when a challenger outraises them. In Texas, it just happened to seven incumbents, all Republicans.

Since last week, when U.S. Rep. Beto O’Rourke, D-El Paso, revealed that he had raised a stunning $10.4 million between April and June in his bid to unseat Republican U.S. Sen. Ted Cruz, a wave of Texas Democrats running for U.S. House seats similarly blasted out their own unusually strong fundraising numbers.

The numbers only became more striking when compared to their rivals: Some Democratic challengers raised two, three or even four times what their Republican incumbent rivals posted. All congressional candidates were required to file their second-quarter fundraising reports with the Federal Election Commission by Sunday.

Along with Cruz, the six congressional incumbents who were outraised are delegation fixtures: U.S. Reps. John Carter of Round Rock, John Culberson of Houston, Will Hurd of Helotes, Pete Olson of Sugar Land, Pete Sessions of Dallas and Roger Williams of Austin.

In the 21st Congressional District, where Republican U.S. Rep. Lamar Smith is retiring, GOP nominee Chip Roy trailed his Democratic rival, Joseph Kopser. Several other Democratic candidates running in Republican strongholds across the state also posted abnormally large six-figure fundraising hauls.

One of the biggest red flags for Republicans came from Carter’s once-safe 31st District. Thanks to a successful viral video, veteran MJ Hegar raised more than four times Carter’s second-quarter sum – the biggest split among the races where Democrats outraised GOP incumbents.

[…]

Hardly anyone in Texas will suggest that incumbents like Olson and Williams are in any significant electoral trouble because they were outraised. But the cumulative effect of so much strong Democratic fundraising is unnerving to many Texas Republican insiders.

One anxious Texas operative suggested these fundraising numbers are merely a first alarm bell. The second may come once incumbents go into the field en masse and poll. But two GOP sources say many incumbents have been reluctant to poll their districts amid what feels like a chaotic political environment and are waiting for a more stable period to get an accurate read of the electorate.

You know most of the names already, but to reiterate, the Dems who outraised their opponents this quarter are Lizzie Fletcher in CD07, Joseph Kopser in CD21, Sri Kulkarni in CD22, Gina Ortiz Jones in Cd23, Julie Oliver in CD25, MJ Hegar in CD31, and Colin Allred in CD32. And there are more dimensions to this as well.

Jana Lynne Sanchez, who is running for the Tarrant County-area seat left open by disgraced Representative Joe Barton, has been steadily raising money and currently has a cash-on-hand advantage against former Barton staffer Ron Wright.

The Democratic fundraising tear has even reached into southeast Texas’ 36th Congressional District, which is rated as a +26 Republican district, one of the most conservative seats in the entire country. Longtime radio host and Democratic nominee Dayna Steele, who has pledged not to take corporate PAC money, raised $220,000 in the latest quarter, trailing ultraconservative incumbent Brian Babin’s haul by just $5,000.

Following Beto O’Rourke’s lead, many of these lesser-known candidates — running without national support in districts deemed too red for a blue wave — have sworn off corporate PAC money and are relying on small-dollar contributions. Sanchez says she has a total of 9,000 donors who have made an average contribution of $42.

All of these Democratic candidates have raised far more than past challengers in these districts — if a Democrat even bothered to run.

Keep that last bit in mind, because I’ll have more on it in a future post. And even where there’s a bright spot for the Republicans in CD02, where Dan Crenshaw reported a big haul, he’s facing Todd Litton with $843K raised and $435K on hand. It’s safe to say it’s been a long time since the Republicans have faced this many well-funded opponents.

Not all the reports are available yet on the FEC page, but when they get there I’ll have a post summarizing it all. Do bear in mind that even with all these strong numbers, Dan Patrick has also raised a bunch of money, and Greg Abbott has already booked $16 million in TV time for the fall. So celebrate the good news, but don’t get overconfident. What we’ve done here is approach parity, and the other guys may well have another gear to shift into. Keep the momentum going.

Monday “day before reports start showing up” campaign finance roundup

Good things keep happening to MJ Hegar.

MJ Hegar

EMILY’s List, a powerful organization that backs female Democratic candidates who support abortion rights, is putting its support behind Hegar, an Air Force veteran who has shot to national prominence in recent weeks following the release of a widely praised campaign video.

This is a long-shot race in a deeply Republican district against U.S. Rep. John Carter, R-Round Rock. But EMILY’s List is a fundraising juggernaut in congressional politics and this endorsement could deliver even more money to an already well-funded campaign.

“MJ is running against incumbent Congressman John Carter, a Tea Party extremist who hasn’t faced a tough re-election fight in years,” EMILY’s List president Stephanie Schriock said in a news release.

“MJ’s candidacy changes that. Voters in the 31st District finally have the opportunity to elect a representative who will fight for their interests, not special interests. Let’s show this military hero and champion for change the full support of the EMILY’s List community and do everything we can to help her flip this seat.”

That viral video and all the cash it helped Hegar raise keeps paying off. I wonder if we’ll start seeing CD31 being viewed differently by the prognosticators. Hegar is the fifth candidate from Texas to get the Emily’s List endorsement, following Veronica Escobar, Sylvia Garcia, Gina Ortiz Jones, and Lizzie Fletcher.

As of yesterday, there were a few completed Q2 reports available on the FEC page. One in particular caught my eye. I’ll let Patrick Svitek tell the story:


Dayna Steele ends Q2 with $516,859 raised, and $342,527 on hand. I don’t have the adjectives to express how insane that is, but let me put it to you this way: Dayne Steele has outraised the totals for the last three cycles combined in every Republican-held district except for three – CDs 14, 23, and 27. The former is because of Nick Lampson’s campaign in 2012, and the latter is because we thought we’d be able to win back the seat Blake Farenthold fluked into in 2010, despite it being (illegally, I don’t care what SCOTUS says) redistricted to be safe for him. There’s a decent chance that Dayne Steele will top $1 million raised in this 70% Republican district by the time all is said and done. If I had any mind left, it would be blown to smithereens.

Once more to Twitter, from Abby Livingston:


Livingston had previously noted that Democrat Colin Allred had outraised Rep. Pete Sessions in CD32, though Sessions still has a cash-on-hand advantage. It’s a longstanding complaint among Texas Dems that we perennially serve as an ATM for the rest of the country. Well, that’s also true for the Republicans, but that’s been less of a problem for them since they haven’t generally needed that much money given all their other advantages. Not so much this year.

I’ll be rounding up these and other finance reports as they appear, so look for more in the coming days.

Kulkarni reports $234K raised in Q2

From the Inbox:

Sri Kulkarni

Democratic nominee for U.S. Congress, Sri Preston Kulkarni, raised over $400,000 in receipts to date for his campaign to unseat incumbent Pete Olson (R-TX). This is the largest total ever for a Democratic candidate for the current district, with a total of $234,244 raised for the quarter from April 1 to June 30. Kulkarni has already outraised every democratic challenger for the past 8 years combined in District 22. Kulkarni’s campaign continues to push a positive and family values-based message, focused on ensuring children are healthy, educated, and safe, and investing in an economy for the future, not the past. By bringing together a strong coalition of various ethnicities and faiths in the second most diverse district in America, Kulkarni has offered a bold new vision of shared values and shared prosperity.

“This campaign has always been about the people of District 22. Because of our nearly 3,000 grassroots donors, we have increased Democratic fundraising from the previous election cycle by ten times. And we have done this all while rejecting corporate PAC money, unlike our opponent Pete Olson,” said Kulkarni. “This election is going to be won with hard work and sustained voter outreach. Our campaign has made over 120,000 direct voter contacts through multilingual digital engagement, phone calls, and blockwalking our neighborhoods with over 700 volunteers.”

The campaign is committed to a proven strategy of pulling in new voters from the immigrant community, engaging enthusiastic millennials, and offering an optimistic message that constituents across the political spectrum appreciate. By continuing to mobilize voters from every background, race, age, faith, and culture, the campaign will bring together this diverse district in November for a win.

Kulkarni had raised about $233K as of May 2, and $178K as of March 31, so as was the case with some other candidates, he really ramped things up in the last month of the quarter. If seeing the totals he announced make you think something like “oh, that’s not that much”, I will remind you that exactly one Democratic Congressional challenger raised as much as $100K for the entire 2016 election cycle, and he was a former incumbent. In this year, Kulkarni’s totals, overall and for Q2, will likely put him somewhere between seventh and tenth place; he trails the four (so far) million-dollar candidates as well as the not-yet-announced Joseph Kopser and Todd Litton, and his final ranking will depend on how the likes of Jana Sanchez, Dayna Steele, and Lorie Burch did. If you’re not amazed by this, you are not seeing the bigger picture.

UPDATE: Via Twitter, Trib reporter Abby Livingston says that Todd Litton “raised nearly $300,000 in Q2 and over $400K in COH”. I don’t have a press release and I didn’t see anything on Litton’s Twitter feed, but this would put him at close to $850K raised for the cycle. Not in the million dollar club yet, but getting there.

Republican reactions to Beto’s fundraising

The interesting bits of this story:

Rep. Beto O’Rourke

El Paso Democrat Beto O’Rourke, the underdog challenger to Republican U.S. Sen. Ted Cruz, recently burnished his grass-roots credentials by completing a tour of all 254 counties in Texas.

Now O’Rourke has proven his fundraising chops as well, raising a staggering $10.4 million in the past three months, more than double the $4.6 million reported by Cruz, a former presidential candidate defending his Senate seat in November.

The cash haul for the three-term congressman laid down a marker in a Senate race that has already brought national attention to a state that hasn’t elected a Democrat to statewide office since the Clinton administration.

[…]

While Democrats were buoyed by the latest numbers, several GOP analysts said they are not sounding the alarms, given the state’s deeply conservative leanings.

“O’Rourke’s fundraising is impressive. However, he is spending massive amounts to raise it,” said Austin GOP consultant Matt Mackowiak. “O’Rourke appears to be raising a lot of money outside Texas, and those dollars could be going to far more competitive U.S. Senate races than this one.”

Apart from fundraising, Mackowiak said Cruz retains significant advantages: He has a stronger statewide organization, higher name ID, and Texas remains a Republican state. “It is now clear that both campaigns will have sufficient funds to run real campaigns,” he said. “What remains unproven is this: What is Beto’s path to victory? I don’t see one.”

Other Republicans see O’Rourke’s fundraising as a sign of a more competitive race than Texans are used to, given the Democrats’ long record of futility in The Lone Star State.

“It’s significant,” said Texas GOP strategist Brendan Steinhauser, who served as Sen. John Cornyn’s campaign manager in 2014. “Time is still his enemy here, because a lot of people still don’t know who (O’Rourke) is. But if he continues to do that, he will have the resources to build his name ID very quickly through TV, radio and digital advertising.”

[…]

Steinhauser remains skeptical about O’Rourke’s chances but says he has forced Republicans to take the measure of the Democratic challenger.

“The challenge is a legitimate one,” Steinhauser said. “Cruz is taking it seriously; the party is taking it seriously. But at the end of the day, the voters go and vote regardless of the amount of money that you have. It’s about the candidates themselves, more than anything.”

O’Rourke’s fundraising prowess has been all the more surprising because Cruz, regarded as a national conservative leader, has a solid record of campaign organization, data analysis and fundraising. He raised nearly $90 million in the 2016 presidential primaries, more than any of Trump’s other GOP challengers, including Ben Carson and Jeb Bush.

But Cruz’s top-dog status in the Senate race also could also be a liability in the money chase.

“He raised a lot of money nationally for his presidential campaign, and he’s probably tapped out a lot of those folks,” Steinhauser said. “Some people around the country certainly gave him money for the presidential who wouldn’t necessarily give him money for a Texas Senate race, especially if they don’t buy the hype about O’Rourke, and they don’t see it as competitive.”

For Cruz partisans, the trick now could be how to project strength without seeming too overconfident.

Said Steinhauser: “Partly, I think people are like, ‘Look, it’s a statewide race in Texas, the Republican is going to win …’”

I don’t know what the status is now, but someone might want to advise Matt Mackowiak that as of the end of Q1, half of Ted Cruz’s contributions came from outside Texas, while less than a third of Beto’s did; his total out of state fundraising was less than Cruz’s while his in-state haul was far greater. Maybe the Q2 numbers will change that – the story does not address the point beyond quoting Mackowiak – but the narrative so far is quite clear, and it’s not that Beto has relied on non-Texas money to crush Cruz in that department.

Steinhauser’s statements are more reality-based, and are in the ballpark of what I’d say if the positions were reversed. The thing is, it’s not just about the Senate race. Republicans have thoroughly dominated the fundraising space since Tony Sanchez was spreading money around the state like grass seed in 2002. Democrats have had a few candidates here and there raise big bucks – Wendy Davis, Bill White, and people like Nick Lampson and Michael Skelley in Congressional races – but in any given year the vast amount of money raised has gone towards Republicans, with the lion’s share of Democratic money going to long-term incumbents in safe districts. It’s not just that Beto is raking it in, it’s also that multiple Democratic Congressional challengers are also kicking butt, in some cases outraising the incumbents they are running against. Republicans will still have the advantage overall, thanks mostly to Greg Abbott and Dan Patrick. It’s just that they won’t have the skies all to themselves this time. I feel certain that folks like Brendan Steinhauser are concerned about that, too. The DMN has more.

We are going to get some Congressional polling soon

Nate Cohn on Twitter:


In case you can’t tell from the picture, CDs 07, 23, and 32 are included among the districts that will be – actually, probably are already being – polled. We have one poll from CD07 done by the DCCC a month ago, and it showed a two point lead for John Culberson. I’m not aware of any polling in either of the other districts, but I’ll be very interested to see what we get here. Cohn mentions that he thinks the writeups of these polls will be out next week. I can hardly wait.

CD07 candidates endorse the August flood bond referendum

What I would expect.

U.S. Rep. John Culberson and his challenger, Lizzie Fletcher, found rare common ground on Wednesday as both endorsed Harris County’s proposed $2.5 billion flood infrastructure bond proposal.

Culberson said he can match every local dollar Harris County puts toward flood recovery with up to three federal dollars, ensuring the county would have access to additional flood mitigation funds it would not have to repay.

“I support that bond proposal, because that will increase the amount of money Harris County can put on the table, which allows me, as the appropriator, to put more federal dollars into the projects,” Culberson said.

Fletcher, his Democratic opponent, said the bond is critical to addressing the county’s chronic flooding problem.

“We saw as recently as last week how essential these investments in projects are to our community as Independence Day became another flood day in Houston,” she said in a statement.

It’s hard to imagine either candidate not endorsing any remotely sound flood bond measure. It would have been highly iconoclastic, and very much a campaign issue, if one of them did not do so. By the same token, it’s hard to imagine this bond passing if it doesn’t get robust support from within CD07. Go back to the 2013 referendum to build a joint processing center for the jail and combine the city jail into the county. It barely passed despite there being no organized opposition but very little in the way of a campaign for it, and it owed its passage to the voters in Council districts C and G, for which there is significant overlap with CD07. (This was an odd year election, and while the County Clerk has made some changes to its election canvass data since then, the only district information I had for this was Council districts.) Having both Culberson and Fletcher on board helps, but it’s not sufficient by itself, especially for a weirdly timed election. It’s a start, but more will be needed for this thing to pass.

The story behind the MJ Hegar video

Cool little “making of” feature.

MJ Hegar

Mary Jennings “MJ” Hegar, a 42-year-old mother and Republican turned “independent Democrat” running for Congress in Texas, is an Air Force veteran and retired Air National Guard helicopter pilot who didn’t let an abusive biological father, knee injuries, and sexual bias, harassment and assault stop her from doing three tours in Afghanistan that climaxed with a rescue mission gone awry in which she strapped herself to the skids of a chopper and fired at the Taliban. Her service earned her a Purple Heart. Back stateside, she successfully sued the Secretary of Defense (Hegar, et al. v. Panetta) to get the Pentagon to end the policy that officially barred women from combat, was named by Newsweek as one of 125 “Women of Impact” of 2012 and wrote a bestselling book called Shoot Like a Girl that came out last year and is now set to be turned into a movie with Angelina Jolie reportedly in talks to play the lead role.

“She’s a badass,” Democratic ad maker Cayce McCabe told me last week.

McCabe’s biggest concern heading into the shooting and editing of the 3½-minute biographical spot released last month was whether or not he could “do her story justice.”

He did. The ad immediately began to ricochet around the internet, Hegar’s fundraising and name recognition turbocharged by millions of YouTube views and Facebook shares. It earned her coverage in news outlets as varied as USA TodayAdweek and People. It got her on CNN and MSNBC. And it has made her a Democratic candidate to watch in Texas’ 31st Congressional District, which is composed of suburban and rural areas north of Austin, includes Fort Hood in Killeen and has voted for nobody but GOP Rep. “Judge” John Carter since it was created more than a decade and a half ago.

It also was the third Putnam Partners ad in the past two years that made a Democratic military veteran go viral. In 2016, it was Jason Kander, his blindfold and his AR-15. In 2017, it was Amy McGrath, the first female Marine to fly an F/A-18 fighter jet in combat, launching her upstart candidacy in Kentucky’s 6th District. This year, it’s Hegar.

[…]

Doors” went viral, McCabe believes, because of Hegar (she’s “dynamic” and “electric”) and because of her story (“good enough to make a movie out of”) but also due to the moment in which it landed. “It’s not an easy time in this country, especially these past couple weeks seeing families ripped apart at the border,” he told me. “So I think a story of somebody overcoming the odds, and fighting, and a warrior—it’s kind of just what people needed.” “Hamilton” creator Lin-Manuel Miranda told his more than 2.4 million Twitter followers it was “the best political ad anyone’s ever seen.”

“We’re in a period when many voters aren’t looking for more of the same, so women and veterans and people who haven’t been in traditional positions of power represent change, and they represent change at a time when more of the same just won’t do,” Margolis said. “This is a political moment where I think a lot of voters are anxious to see something very different in Congress and people who don’t look like everyone else who’s currently there.”

Trippi sees these spots as sneak previews of sorts for 2020. “You’re going to have 16, 17, 18 Democrats running for president of the United States, all doing some kind of compelling long-form video,” he told me.

For the time being, though, in these House races in red states, viral ads have made Democrats who are veterans viable in a way they wouldn’t have been without them.

McCabe thinks it can propel Hegar to a win this fall.

“Absolutely,” he said. The ad cost more than $40,000 to make, a tab shared by her campaign and the Democratic Congressional Campaign Committee, and Hegar didn’t have that much money to burn, but it proved to be more than worth it. “It’s helped her raise a ton of money. I mean, it’s over half a million as of right now. My guess is that it could very well be a million by the time this quarter report comes out.” Added McCabe: “We’re talking about hundreds of thousands of dollars if not close to a million in $5, $10, $25 contributions, so these are not people who are maxed out and cannot give again.” By contrast, Carter, the GOP incumbent, had a little more than $350,000 in his coffers at the end of March.

See here for the background, and here for your original introduction to MJ Hegar. This story came out before Hegar announced her million-dollar haul in Q2, so you can see just how good an investment that video was. Hegar had raised $496K as of May 2, but since she had $458K of that as of March 31 it’s clear the video paid off for her in spades. It surely helps to have a good story to tell, but it just as surely helps to tell that story well. I figure Putnam Partners is getting a lot of calls from other candidates about now.

What the prognosticators are saying about Texas

I’ve covered some of this before, but with Daily Kos releasing their initial House race rankings, let’s see how the national prognosticators are classifying Texas Congressional races.

Daily Kos Elections

Tossup – CD23
Lean R – CD07, CD32
Likely R – CD21, CD31

Cook Political Report

Republican Tossup – CD07, CD32
Lean R – CD23
Likely R – CD21, CD31

Real Clear Politics

Tossup – CD07, CD23, CD32
Likely R – CD21

Sabato’s Crystal Ball

Tossup – CD23
Lean R – CD07, CD32
Likely R – CD21

The Crosstab

Likely D – CD23
Tossup – CD07, CD32
Lean R – CD24
Likely R – CD02, CD06, CD10, CD21, CD22, CD25, CD31

A few notes: This is an updated list from Sabato; last time I looked I only found a set of rankings from January. I’m sure that was my oversight. Cook has “Republican Tossup” and “Democratic Tossup” rather than the plain old ordinary “Tossup”. I don’t know how he distinguishes them. The Crosstab doesn’t do categories, as it provides a probability for a Democratic win for each district. These rankings are based on my interpretation of those probabilities as of the most recent update on June 25, so “Likely D” represents at least a 75% chance of a Dem win, “Tossup” is a 40 to 60 percent chance, “Lean R” is a 25 to 40 percent chance, and “Likely R” is 10 to 25 percent.

No real surprises here. CD23 is the hottest race, though for reasons unclear to me Cook sees it as less competitive than CD07 and CD32. Those two are the next tier, with CD21 a consensus lower-chance race and CD31 on some radars but not others. The Crosstab stands alone, both by including CD24 – which strictly on the basis of 2016 performance makes sense; it likely gets overlooked due to having a lower-profile candidate who hasn’t raised much money – and by including a bunch of other races as secondary and tertiary targets. His is a quant approach while the others use subjective factors, but one wonders how far off some of those races are from the other rankings.

How much does any of this matter? In the grand scheme of things, not very much. You don’t really need Charlie Cook to tell you that CD23 is a competitive district. Rankings like these are one part validation, one part early warning system, and one part bullet point for fundraising pitches. The reasons why a given race is ranked (or not) are interesting and provide some insight into the larger national picture, but to some extent it’s like a mock draft for the NFL. It’s a good way to provide content and generate interest as we wait for a thing to happen, and we’ll all forget about it five seconds after the thing finally does happen.

Three more Dems top $1 million in Q2

In the morning there was Gina Ortiz Jones.

Gina Ortiz Jones

Gina Ortiz Jones, the Democrat running against U.S. Rep. Will Hurd, R-Helotes, raised more than $1.2 million over the last three months, a huge haul that far outpaces the fundraising by her party’s previous nominees in Texas’ most competitive congressional district.

Jones’ campaign, announcing the figure this morning, also said she has about $1.1 million cash on hand.

Hurd hasn’t shared his fundraising numbers for the second quarter yet but faces a Sunday deadline to report them to the Federal Election Commission. He reported having $1.6 million cash on hand after the first quarter, when he took in $395,000.

Jones’ second-quarter haul means she has now raked in $2.2 million since entering the race — already more than the 2016 Democratic nominee, Pete Gallego, raised from start to finish. By comparison, Gallego pulled in $327,000 during the same period of the 2016 cycle, which put his total raised at that point at roughly $1.3 million.

Ortiz Jones joins Lizzie Fletcher in the million-dollar-quarter club. In her press release, she notes that no Democratic candidate has raised more than $2.7 million for CD23 since the district was redrawn in 2006. I think it’s safe to say she will surpass that amount. And she may not be the only one who does.

Then in the afternoon we got MJ Hegar.

MJ Hegar

In the 10 days after long shot Democratic candidate and veteran MJ Hegar published her widely praised viral video, her campaign to unseat U.S. Rep. John Carter, R-Round Rock, raised $750,000. It’s only the latest large fundraising figure reported by a Democratic U.S. House candidate from Texas, but it shows a stunning surge of interest in Hegar’s candidacy.

Hegar will report raising $1.1 million in the second fundraising quarter of the year, her campaign told the Tribune. Most of that came about from the attention drawn to her candidacy by her biographical ad, “Doors,” which has been viewed more than 2.5 million times.

The Hegar news came amid a cascade of robust fundraising numbers from Democrats vying to unseat Texas Republicans in Congress.

[…]

If past is precedent, these candidates will deploy much of this money in fall television ad wars.

Hurd is a perennially strong fundraiser and Sessions is the former chairman of the National Republican Congressional Committee – a position that entails raising hundreds of millions of dollars for the national GOP House campaign. Culberson has improved his fundraising over the last year as the viability of the Democratic offensive in his district has taken form. None of these incumbents have released their second quarter numbers. Fundraising reports are due on July 15.

Hegar, however, is in a different category. Her race encompasses conservative areas along Interstate-35 and in the northern Austin suburbs. Carter, the incumbent, was first elected in 2002 and has never faced a serious general election campaign.

But $1 million hauls for individual House campaigns isn’t the status quo in American politics. In past cycles, candidates who raised $300,000-$400,000 were considered top fundraising performers.

Wow. I figured Hegar had a good shot at topping $1 million, but I assumed that would be by the end of the cycle. I didn’t expect her to hit that mark in a single cycle, but then that was one amazing ad. I don’t know how much her haul changes this race – it’s still a considerably redder district than the top tier – but it’s safe to say that CD31 is not a district the Republicans can take for granted. Not this year.

And finally in the evening there was Colin Allred.

Colin Allred

Texas Democratic candidates in four House races are reporting large fundraising hauls for the second quarter of this year, including Colin Allred, who is challenging Dallas Republican Rep. Pete Sessions.

Allred’s campaign said it would report raising almost $1.1 million between April 1 and June 30 for his run for the 5th Congressional District, leaving him with $900,000 cash on hand. Sessions has not yet released his contributions. The filing deadline is Sunday.

The second quarter marked a dramatic increase in Allred’s fundraising. During the first quarter, Allred reported raising $395,286 with $219,627 cash on hand. Allred’s fundraising began to pick up steam after he finished first in the March primary among seven candidates. He defeated Lillian Salerno in the May runoff.

During that period, Sessions reported $605,730 in contributions and $1.5 million cash on hand, according to federal filings.

Remember how I said that Democratic fundraising was way up from 2014, even if that wasn’t apparent from the non-Beto statewide candidates? (We haven’t heard from any of them yet, so that story line could change as well.) I trust my point has been sufficiently illuminated. We also haven’t heard from Joseph Kopser or Todd Litton yet, not to mention Dayna Steele, Jana Sanchez, Sri Kulkarni, Lorie Burch, and Mike Siegel. Fundraising isn’t destiny, but it sure is nice for our candidates to have the resources they need to compete.

Where best to attack Culberson?

Flooding is an obvious issue, but it’s hardly the only one.

Lizzie Fletcher

After Hurricane Harvey flooded much of Houston – including the hotly contested Seventh Congressional District – Republican incumbent John Culberson used his position on the House Appropriations Committee to stamp his name on billions of dollars in disaster recovery funds.

By February, he could claim a leading hand in securing $141 billion in congressional appropriations to help the victims of the 2017 hurricanes in Texas, Florida and Puerto Rico.

But as the nine-term congressman faces an unusually tough reelection against Democratic challenger Lizzie Pannill Fletcher, the city’s troubled history of flooding and the federal government’s long backlog of flood control projects has come under sharp political attack.

Fletcher, a Houston attorney making her first run for office, argues that Houstonians are paying the price for Culberson’s small government philosophy and a Republican-led Congress that she says has been slow to fund critical improvements to the Addicks and Barker dams, both aging structures that were deemed to be at “high risk” of failure as early as 2004.

She also has homed in on key votes cast by Culberson, who she labels a climate change skeptic, saying that they undermined flood prevention efforts in Texas and across the country.

“We can’t just look at the last nine months,” she said in an interview. “We need to look at the last nine terms.”

It’s a long story and I encourage you to read the whole thing. Culberson has done some things and was the only Texas Republican to avoid making himself a sniveling hypocrite when he supported federal relief funds for New York and New Jersey following Superstorm Sandy, but the fact that the rest of his caucus opposed such funds, and the fact that his party has so greatly prioritized cutting taxes and slashing spending over investing in infrastructure and solving problems just highlights why he doesn’t deserve a pass for a handful of decent votes. He’s part of the problem regardless, and the only way forward is a change of leadership in Congress. He can push the occasional bill and make the odd budget appropriation, but as long as he’s a vote for a Republican Speaker and a body in the count for a Republican House majority, nothing’s going to get done.

All this said, health care was the issue everyone was talking about earlier on, when the House – including John Culberson – was trying to kill the Affordable Care Act. That battle has shifted from Congress to the courthouse again, and that should bring this issue, on which Democrats enjoy an electoral advantage, to the fore. It’s never going to be a bad idea to remind people that Culberson has worked tirelessly to take their health care away. And since we’re only ever allowed to talk about mental illness when there’s another mass shooting, it’s also always a good time to remind people that the single biggest thing Texas can do to boost mental health care is to accept Medicaid expansion, which again John Culberson opposes with every fiber of his being. Flooding is a great and vital issue, with lots to talk about, but it’s not the only one.

Fletcher reports raising $1 million in Q2

Our first story about a strong finance report from the just-ended previous quarter.

Lizzie Fletcher

Lizzie Pannill Fletcher, the Democratic challenger in one of the Texas congressional seats that Democrats hope to flip in November, reported more than $1 million in contributions in the second quarter.

Fletcher is running against longtime GOP Rep. John Culberson in the 7th Congressional District in Houston. Culberson — who was first elected to Congress in 2000 and served on the House Appropriations Committee — has not yet released his second-quarter campaign financial report. His campaign did not respond to requests for comment.

Fletcher’s second-quarter contributions bring her total to more than $2 million. Her campaign currently has almost $800,000 in cash on hand.

After the first quarter, Culberson reported just over $1.5 million total in contributions and about $920,000 in cash on hand. The reporting deadline for the second quarter is July 15.

Here is where everyone was at the end of march. Fletcher’s most recently published report is more recent than that, thanks to the May primary runoff. She had $1,261,314 raised with $391,899 on hand as of 3/31, and $1,441,525 raised with $362,694 on hand as of 5/02. All of that means that she raised about $800K in May and June, which is officially Not Too Shabby. We’ll see how the other reports look – the FEC page isn’t usually fully up to date till the end of the month – but if other candidates are doing well that would add to my point about enthusiasm and fundraising. Dems may not have a lot of money in the statewide races, but between Beto O’Rourke and the Congressional challengers, there will be a lot more money invested in Democratic candidates overall. The Chron has more.

Same maps, different day

The coda to the SCOTUS redistricting ruling.

The 2018 elections will move forward without any tweaks to Texas’ political maps.

Following the U.S. Supreme Court’s ruling to uphold all but one of the state’s political districts, a three-judge federal panel in San Antonio on Tuesday ordered that the state’s maps should stay in place for this year’s elections despite outstanding issues with House District 90.

The Tarrant County-based district was the sole exception the Supreme Court made in OK’ing the state’s maps last week. That district, which is held by Democratic state Rep. Ramon Romero, was deemed an impermissible racial gerrymander because lawmakers illegally used race as the predominant factor in deciding its boundaries.

It’s likely that opponents of the maps will push for the district to be redrawn, which could affect neighboring Republican-held districts. But as things stand now, the district will only be corrected in time for one election before it likely needs to be redrawn again after the 2020 census.

See here for the background. I don’t even have it in me to make a snarky comment. For seven years of litigation showing clear-cut bad acts to come down to tweaking one safely Democratic district for the 2020 election, it’s a cruel joke. And if the injustice of it all doesn’t motivate you for November, you’re part of the problem. The DMN has more.

On enthusiasm and fundraising

RG Ratcliffe engages the “can Lupe Valdez be competitive” question.

Lupe Valdez

Valdez will almost certainly lose to Greg Abbott in November. Yet if she inspires Hispanic voters to turn out, she could help Democratic candidates in tight down-ballot races and make a big difference in the U.S. House of Representatives and the Texas House.

That scenario assumes that Valdez can significantly increase Hispanic turnout. But not everyone is certain she can. “I see the value of having Lupe Valdez running for governor,” [Julian] Castro said at the Blue Star pub. “She’s a great candidate, and her experience as Dallas County sheriff, her life experience, and the issues that she is addressing speak to a lot of Texans. Whether having her at the top of the ticket would impact the Latino vote . . . that’s hard to tell.”

Valdez, after all, has significant deficiencies as a candidate. She’s unpolished as a speaker and has demonstrated little command of statewide issues. She’s also underfunded—her latest campaign finance report showed she had a little more than $115,000 cash on hand, compared to Abbott’s $43 million. That has forced her to forgo campaign fundamentals such as an internal vetting process, in which the campaign looks for skeletons in its own candidate’s closet. Two days after Valdez won the Democratic runoff, for example, the Houston Chronicle revealed that she owed more than $12,000 in unpaid property taxes. A vetting would have prepared her better to respond when a Chronicle reporter asked about it; instead, a campaign spokesman tried to blame Abbott for allowing property taxes to rise.

In short, Valdez may not be the transformational figure many Democrats hope for. In the March 6 primary, Democrats turned out a million voters—their best primary showing since 1994—30 percent of whom had Hispanic surnames. But that high turnout seems to have been in spite of Valdez’s presence on the ballot. In several South Texas counties, thousands of voters cast ballots in the U.S. Senate contest and various local races but skipped voting for governor entirely. In Hidalgo County, Valdez failed to capture even half the voters with Hispanic surnames. One prominent South Texas Democrat told me that when Valdez campaigned in the area, her lack of knowledge of state issues turned off a lot of local voters. “We’re not blind,” he said. He also admitted that many conservative Hispanics just would not vote for a lesbian.

[…]

At her Blue Star Brewing event, Valdez turned the sanctuary cities bill into a major talking point, emphasizing her belief that Republicans only control Texas because many people—especially Hispanics—don’t vote. “Texas is not a red state,” Valdez intoned. “It’s a nonvoting state.”

Perhaps. But this is still Texas; even if Valdez manages to help a few of her Democratic colleagues, that doesn’t mean she’ll be able to help herself. There was tremendous enthusiasm for Wendy Davis four years ago too, and she was crushed by Greg Abbott by 20 points. Democratic enthusiasm this election cycle is, arguably, even greater, thanks to anti-Trump fervor. But to capitalize on that, Valdez will have to pull off something that no other Democrat has done: awaken the sleeping giant of Hispanic voters. And right now the giant seems content to catch a few more z’s.

Ratcliffe spends some time discussing the three highest-profile Congressional races and their effect, which I appreciate. There’s been too much coverage of the Governor’s race that seems to think it exists in a vacuum. It was Ratcliffe’s mention of enthusiasm levels that caught my eye, though. While he acknowledges that enthusiasm is high this year, which anyone who can read a poll knows, he cites 2014 as an example of high enthusiasm not translating to good results. I admit that’s something I worry about as well, but I can think of three factors that make this year different:

1. I feel like the enthusiasm in 2014 peaked when Davis announced her candidacy, with a bounce when Leticia Van de Putte followed suit, but trended steadily downhill after that, while this year enthusiasm has remained high and if anything has intensified. Maybe peak 2014 compares favorably to 2018, but I’d be willing to bet that June 2018 is well ahead of where June 2014 was.

2. There are a number of reasons why enthusiasm trended downward in 2014, including gripes about how Davis ran her campaign – remember when she said she favored open carry? – and concerns about just what the hell Battleground Texas was doing. I don’t think you can underestimate the effect the national atmosphere had on the enthusiasm level here, though. Say what you want about Davis and her campaign, she was far from alone in underperforming that year, and the national mood, which was strongly in the Republicans’ favor, was a big part of that. That’s just not the case this year, and it’s something I continue to believe that the pundit class here has not grappled with.

3. I’ll get into this more in a minute, but the full top-to-bottom slate of candidates that are working hard and raising money has an effect that we haven’t figured out how to quantify yet, too. The number of spirited Democratic challengers to Republican incumbents, in places both traditional and pioneering, is much greater this year.

I’m not arguing that the political world as we know it is about to be turned upside down. It may well be that Texas Republicans are better engaged than Republicans elsewhere, or that Democratic enthusiasm is overstated, or that Democratic weaknesses in organization and infrastructure will limit the potential gains from the positive factors that we have. We could look back on this in December and wonder what we were thinking. I’m willing to stand by the assertion that conditions are different now than they were four years ago and in ways that tend to favor Democrats. Beyond that, we’ll see.

On a related note:

Fundraising can be a reliable indicator of support for a candidate, and Valdez has struggled to raise money. Some analysts say she’ll need to raise $10 million to compete against Abbott in the general election. At last report in May, she had $115,000 on hand.

O’Rourke has raised $13 million from small-dollar donors, which worries Republicans because he’ll be able to go back to those people for more. He may also share those donors with other Democrats in the future.

Valdez, lieutenant governor candidate Mike Collier and other statewide candidates’ fundraising efforts, though, have paled in comparison. Collier warned that raising money for statewide races alone does not guarantee success.

Democrats watched gubernatorial candidate Wendy Davis raise tons of money in 2014 but fail to turn out voters. This election year, there was a concerted effort to field more candidates even in tough red areas. That way dozens of candidates will be using money to turn out Democrats instead of just hoping the top of the ticket will take care of everything.

“It has to come from the bottom up,” said Collier. “It can’t be top down.”

For what it’s worth, Wendy Davis had raised about $13 million across three campaign accounts as of the June 2014 finance report. Beto had raised $13 million as of April, though to be fair he had been running for Senate longer than Davis had been running for Governor by then. I expect he’ll have a few million more when the June quarterly report hits. Beyond Davis in 2014, Leticia Van de Putte had raised $1.2 million as of June, but the well got empty pretty quickly after that. Whatever Lupe Valdez and Mike Collier and the other statewides do – I’ll bet Justin Nelson has a decent report – I think we can conclude that Beto and crew will have raised more as of June than Davis and VdP and their squad.

But of course there’s more to it than that. I keep coming back to the Congressional fundraising because it really is so completely different than what we have seen before. Here are the final reports from the 2014 cycle. Pete Gallego raised $2.6 million in his unsuccessful defense of CD23, Wesley Reed raised $300K for CD27, and no one else in a potentially competitive race broke the $100K mark. As of this April, three Democratic Congressional challengers – Lizzie Fletcher, Joseph Kopser, Gina Ortiz Jones – had surpassed $1 million, with Colin Allred right behind them. Todd Litton and MJ Hegar are well on their way to $1 million. Dayna Steele and Jana Sanchez should break $500K. Sri Kulkarni and Lorie Burch are past $100K, with Julie Oliver and Mike Siegel not far off. At this level, it’s not even close, and that’s before we factor in outside money like the DCCC. And we haven’t even touched on legislative or county races.

Now of course Republicans are going to raise a bunch of money, too. Greg Abbott by himself probably has more cash on hand than what all these people will raise combined. What I’m saying, again, is that Dems are in a better position than they were in 2014, and that you shouldn’t focus on the Governor’s race to the exclusion of everything else. It would be nice if Lupe could raise more money. Maybe she’ll surprise us on her June report. Nonetheless, Dems just aren’t as dependent on one statewide candidate raising money as they were four years ago.

Cloud wins in CD27

No runoff needed.

Blake Farenthold

Republican Michael Cloud appears likely to win the special election to fill former U.S. Rep. Blake Farenthold’s seat, which would spare the GOP a runoff in the 27th District.

With 89 percent of precincts reporting, Cloud was leading Democrat Eric Holguin 54 percent to 32 percent, according to unofficial returns from the Texas secretary of state’s office. Cloud, a former chairman of the Victory County GOP, needs to finish above 50 percent in the nine-way race to avert a runoff later this summer.

The special election will determine who finishes Farenthold’s term, which ends in January. Both Cloud and Holguin are their party’s nominees in November for the full term that starts after that. The seven other candidates in the special election are Democrats Raul “Roy” Barrera and Mike Westergren, Republicans Bech Bruun and Marty Perez, independent candidates Judith Cutwright and Chris Suprun, and Libertarian Daniel Tinus.

Here are the election night returns. Farenthold won by a 61.7 to 38.3 margin in 2016. The three Dems in the special were at 39.6% as of when I drafted this. Like the HD13 special election, this one had little attention paid to it, so it’s hard to draw conclusions about the turnout. That said, Farenthold won 63.6 to 33.7 in 2014 (there was a Libertarian candidate that year), so Dems are at least a few points ahead of that. The upcoming SD19 election may tell us something more interesting, we’ll see. Congratulations to Rep.-elect Cloud, who will get a seniority advantage over the rest of the class of 2018 if he wins (as he will be favored to do) in 2018. Please be less embarrassing than your predecessor, that’s all I ask.

The CD27 special election is almost upon us

It’s on Saturday, to be specific.

Blake Farenthold

Voters in the 27th Congressional District are preparing to go to the polls for a third time this year on Saturday for a sleepy special election in which both parties are working to rally their fatigued troops behind a single candidate in the nine-person field to replace former U.S. Rep. Blake Farenthold, R-Corpus Christi.

Farenthold abruptly resigned in April amid the fallout from sexual harassment allegations and an ethics investigation by the House Ethics Committee. He had announced four months earlier that he wouldn’t run for re-election, creating an open race to succeed him.

Saturday’s election is to determine who completes Farenthold’s current term, which ends in January, and it’s separate from the November election, the winner of which will take over the seat for a full two-year term after that.

Despite nine candidates on the ballot, Republicans are hoping their general election nominee, Michael Cloud, can win outright Saturday and avoid a runoff that would keep the seat empty for at least two more months and leave the counties with the bill for yet another election this year. Democrats, meanwhile, believe the crowded race provides an opening for their consensus candidate — Eric Holguin, also his party’s pick for the fall — to advance to a second round.

Even if Holguin makes the runoff, few are predicting the solidly red district could flip. Still, Democrats view it as an opportunity to at least build some momentum in the run-up to the November elections, and Republicans acknowledge there is an inescapable element of uncertainty in the low-turnout environment.

“I think the odds are highly favorable of [Cloud] winning the special election at least in a runoff, but the turnout’s so low, anything can happen,” said Michael Bergsma, the Republican Party chairman in Nueces County.

See here for the background. There’s more to the story, but that’s the main idea. With nine candidates it should be difficult to win a clean majority, especially since one of the lower-tier Republicans is actually spending money for the right to be a slightly longer-tenured Shelley Sekula Gibba, but it’s at least possible. Dems would love to get Eric Holguin into a runoff, and of course we’ll all be watching to see what the relative levels of turnout look like. Dems have generally overperformed by about thirteen points on average in special elections over the past year and a half, though there’s a wide range of outcomes. I’ll have the result from this one on Sunday.

And on a side note:

Texas officials are fuming over the tab for the upcoming special election to replace former Republican Rep. Blake Farenthold.

The cost of the June 30 election to replace Farenthold, who resigned in April amid reports he had used $84,000 in taxpayer money to settle a sexual harassment lawsuit, is expected to be at least $157,000 — and many of the 13 largely rural counties holding the election say they can’t afford their share of the bill.

Worse, they argue, the special election is a pointless and needlessly costly exercise since the contest is likely to go to a September runoff — meaning the eventual winner will likely serve in Washington for less than 90 days.

“We’re all not happy,” said Wharton County Elections Administrator Cynthia Richter. “It is what it is, it’s just crazy.”

After announcing the special election date, Republican Gov. Greg Abbott wrote the millionaire former congressman to request that Farenthold pay for the special election costs himself. Farenthold had originally said he would pay back the $84,000 he used to settle the harassment claim; the governor asked that he apply that money to the local counties to cover the costs of the special election.

Farenthold’s response? No.

“In my opinion, as well as many other county officials I have heard from, a special election was not warranted and should not have been called,” wrote Farenthold in a letter addressed to Abbott. “However, that was your decision based upon the advice you were given. Since I didn’t call it and don’t think it’s necessary, I shouldn’t be asked to pay for it.”

[…]

County officials say expenses associated with a special election are forcing them to reach into their contingency funds — accounts set up to cover government emergencies — or significantly downsize their operations.

“We have done everything we can to introduce cost-saving methods,” said Bastrop County Elections Administrator Bridgette Escobedo, whose county is expected to shell out $12,000 in special election expenses. “We’ve consolidated locations, reduced election workers; we’re running minimum crews for no overtime; we’re all paper and ordered minimum ballots.”

The counties aren’t alone in their frustration. The governor points his finger directly at Farenthold.

We’ve seen this before. I sympathize with the counties, who have no control over this stuff, but I supported the decision to have this election now rather than in November, and I stand by that. That said, the Governor has some discretionary funds at his disposal, in which $157K would make only a tiny dent, so it seems to me he could help these counties cover the cost of the choice he made if he wanted to. (I could be wrong about this, in the sense that I don’t know how “discretionary” these funds are. He may not be allowed to tap into them for this purpose.) He could also support an item in the next budget to make the state shoulder the cost of special elections like this. Sending an invoice to Farenthold makes for a good show. Doing something effective makes for good government. I’m just saying.

UT/Trib: Cruz 41, O’Rourke 36, part 2

We pick up where we left off.

Republican Ted Cruz leads Democrat Beto O’Rourke 41 percent to 36 percent in the general election race for a Texas seat in the U.S. Senate, according to the latest University of Texas/Texas Tribune Poll.

Neal Dikeman, the Libertarian Party nominee for U.S. Senate, garnered 2 percent, according to the survey. And 20 percent of registered voters said either that they would vote for someone else in an election held today (3 percent) or that they haven’t thought enough about the contest to have a preference (17 percent).

In the governor’s race, Republican incumbent Greg Abbott holds a comfortable 12-percentage-point lead over Democratic challenger Lupe Valdez — the exact same advantage he held over Democrat Wendy Davis in an early-summer poll in 2014. Abbott went on to win that race by 20 percentage points. In this survey, Abbott had the support of 44 percent to Valdez’s 32 percent. Libertarian Mark Tippetts had the support of 4 percent of registered voters, while 20 percent chose “someone else” or said they haven’t made a choice yet.

[…]

The June UT/TT Poll, conducted from June 8 to June 17, is an early look at the 2018 general election, a survey of registered voters — not of the “likely voters” whose intentions will become clearer in the weeks immediately preceding the election. If recent history is the guide, most registered voters won’t vote in November; according to the Texas Secretary of State, only 34 percent of registered voters turned out in 2014, the last gubernatorial election year.

The numbers also reflect, perhaps, the faint rumble of excitement from Democrats and wariness from Republicans who together are wondering what kind of midterm election President Donald Trump might inspire. The last gubernatorial election year in Texas, 2014, came at Barack Obama’s second midterm, and like his first midterm — the Tea Party explosion of 2010 — it was a rough year for Democrats in Texas and elsewhere. As the late social philosopher Yogi Berra once said, this year could be “Déjà vu all over again.”

Accordingly, voter uncertainty rises in down-ballot races where even previously elected officials are less well known. Republican incumbent Dan Patrick leads Democrat Mike Collier in the contest for lieutenant governor, 37 percent to 31 percent. Kerry McKennon, the Libertarian in that race, had the support of 4 percent of the registered voters surveyed, while the rest said they were undecided (23 percent) or would vote for someone other than the three named candidates (5 percent).

“As you move down to races that are just less well known, you see the numbers drop,” said Daron Shaw, a government professor at the University of Texas at Austin and co-director of the poll. “They drop more for the Republicans. Part of that reflects the visibility of those races, and of those candidates.”

Henson said Patrick and other down-ballot incumbents work in the shadow of the governor, especially when the Legislature is not in in session. “That said, he’s still solid with the Republican base, though he lags behind Abbott and Cruz in both prominence and popularity,” he said. “There’s nothing unusual about that.”

And indecision marks the race for Texas attorney general, where Republican incumbent Ken Paxton has 32 percent to Democrat Justin Nelson’s 31 percent and 6 percent for Libertarian Michael Ray Harris. Four percent of registered voters said they plan to vote for someone else in that race and a fourth — 26 percent — said they haven’t chosen a favorite.

Nelson and Harris are unknown to statewide general election voters. Paxton, first elected in 2014, is fighting felony indictments for securities fraud — allegations that arose from his work as a private attorney before he was AG. He has steadily maintained his innocence, but political adversaries are hoping his legal problems prompt the state’s persistently conservative electorate to consider turning out an incumbent Republican officeholder.

“If you’ve heard anything about Ken Paxton in the last four years, more than likely you’ve heard about his legal troubles,” said Josh Blank, manager of polling and research at UT’s Texas Politics Project. Henson added a note of caution to that: There’s also no erosion in Ken Paxton support by the Republican base. This reflects some stirrings amongst the Democrats and Paxton’s troubles. But it would premature to draw drastic conclusions for November based upon these numbers from June.”

Shaw noted that the support for the Democrats in the three state races is uniform: Each has 31 percent or 32 percent of the vote. “All the variability is on the Republican side, it seems to me,” he said. When those voters move away from the Republican side, Shaw said, “they move not to the Democrats but to the Libertarian or to undecided.”

Trump is still getting very strong job ratings from Republican voters — strong enough to make his overall numbers look balanced, according to the poll. Among all registered voters, 47 percent approve of the job the president is doing, while 44 percent disapprove. Only 8 percent had no opinion.

See here for yesterday’s discussion. Before we go any further, let me provide a bit of context here, since I seem to be the only person to have noticed that that Trib poll from June 2014 also inquired about other races. Here for your perusal is a comparison of then and now:


Year    Office  Republican  Democrat  R Pct  D Pct
==================================================
2014    Senate      Cornyn   Alameel     36     25
2018    Senate        Cruz  O'Rourke     41     36

2014  Governor      Abbott     Davis     44     32
2018  Governor      Abbott    Valdez     44     32

2014  Lite Guv     Patrick       VdP     41     26
2018  Lite Guv     Patrick   Collier     37     31

2014  Atty Gen      Paxton   Houston     40     27
2018  Atty Gen      Paxton    Nelson     32     31

So four years ago, Wendy Davis topped Dems with 32%, with the others ranging from 25 to 27. All Dems trailed by double digits (there were some closer races further down the ballot, but that was entirely due to lower scores for the Republicans in those mostly obscure contests). Republicans other than the oddly-underperforming John Cornyn were all at 40% or higher. The Governor’s race was the marquee event, with the largest share of respondents offering an opinion.

This year, Beto O’Rourke leads the way for Dems at 36%, with others at 31 or 32. Abbott and Ted Cruz top 40%, but Dan Patrick and Ken Paxton are both lower than they were in 2014, with Paxton barely ahead of Justin Nelson. Only Abbott has a double-digit lead, with the other three in front by six, five, and one (!) points.

And yet the one quote we get about the numbers suggests that 2018 could be like 2010 or 2014? I must be missing something. Hey, how about we add in some 2010 numbers from the May 2010 UT/Trib poll?


Year    Office  Republican  Democrat  R Pct  D Pct
==================================================
2014    Senate      Cornyn   Alameel     36     25
2018    Senate        Cruz  O'Rourke     41     36

2010  Governor       Perry     White     44     35
2014  Governor      Abbott     Davis     44     32
2018  Governor      Abbott    Valdez     44     32

2010  Lite Guv    Dewhurst       LCT     44     30
2014  Lite Guv     Patrick       VdP     41     26
2018  Lite Guv     Patrick   Collier     37     31

2010  Atty Gen      Abbott Radnofsky     47     28
2014  Atty Gen      Paxton   Houston     40     27
2018  Atty Gen      Paxton    Nelson     32     31

There was no Senate race in 2010. I dunno, maybe the fact that Republicans outside the Governor’s race are doing worse this year than they did in the last two cycles is worth noting? Especially since two of them were first-time statewide candidates in 2014 and are running for re-election this year? Or am I the only one who’s able to remember that we had polls back then?

Since this cycle began and everyone started talking about Democratic energy going into the midterms, I’ve been looking for evidence of said energy here in Texas. There are objective signs of it, from the vast number of candidates running, to the strong fundraising numbers at the Congressional level, to the higher primary turnout, and so on. I haven’t as yet seen much in the poll numbers to show a Democratic boost, though. As we’ve observed before, Beto O’Rourke’s numbers aren’t that different than Bill White or Wendy Davis’ were. A bit higher than Davis overall, but still mostly in that 35-42 range. However, I did find something in the poll data, which was not in the story, that does suggest more Dem enthusiasm. Again, a comparison to 2010 and 2014 is instructive. In each of these three polls, there’s at least one “generic ballot” question, relating to the US House and the Texas Legislature. Let’s take a look at them.

If the 2010 election for [Congress/Lege] in your district were held today, would you vote for the Democratic candidate, the Republican candidate, or haven’t you thought enough about it to have an opinion?

2010 Congress – GOP 46, Dem 34
2010 Lege – GOP 44, Dem 33

If the 2014 election for the Texas Legislature in your district were held today, would you vote for the Democratic candidate, the Republican candidate, or haven’t you thought about it enough to have an opinion?

2014 Lege – GOP 46, Dem 38

If the 2018 election for [Congress/Lege] in your district were held today, would you vote for [RANDOMIZE “the Democratic candidate” and “the Republican candidate”] the Democratic candidate, the Republican candidate, or haven’t you thought about it enough to have an opinion?

2018 Congress – GOP 43, Dem 41
2018 Lege – GOP 43, Dem 42

Annoyingly, in 2014 they only asked that question about the Lege, and not about Congress. Be that as it may, Dems are up in this measure as well. True, they were up in 2014 compared to 2010, and in the end that meant nothing. This may mean nothing too, but why not at least note it in passing? How is it that I often seem to know these poll numbers better than Jim Henson and Daron Shaw themselves do?

Now maybe the pollsters have changed their methodology since then. It’s been eight years, I’m sure there have been a few tweaks, and as such we may not be doing a true comparison across these years. Even if that were the case, I’d still find this particular number worthy of mention. Moe than two thirds of Texas’ Congressional delegation is Republican. Even accounting for unopposed incumbents, the Republican share of the Congressional vote ought to be well above fifty percent in a given year, yet this poll suggests a neck and neck comparison. If you can think of a better explanation for this than a higher level of engagement among Dems than we’re used to seeing, I’m open to hearing it. And if I hadn’t noticed that, I don’t know who else might have.

SCOTUS upholds Texas redistricting

Screw this.

Extinguishing the possibility that Texas could be placed back under federal electoral supervision, the U.S. Supreme Court on Monday pushed aside claims that lawmakers intentionally discriminated against voters of color when they enacted the state’s congressional and state House maps.

In a 5-4 vote, the high court threw out a lower court ruling that had found that lawmakers intentionally undercut the voting power of Hispanic and black voters, oftentimes to keep white incumbents in office. The Supreme Court found that the evidence was “plainly insufficient” to prove that the 2013 Legislature acted in “bad faith.”

The Supreme Court also ruled that all but one of the 11 congressional and state House districts that had been flagged as problematic could remain intact. The one exception was Fort Worth-based House District 90, which is occupied by Democratic state Rep. Ramon Romero and was deemed an impermissible racial gerrymander because lawmakers illegally used race as the predominant factor in deciding its boundaries.

The Supreme Court’s ruling, which keeps all but one of the state’s districts in place through the end of the decade, is a major blow to the maps’ challengers — civil rights groups, voters of color and Democratic lawmakers — who since 2011 have been fighting the Republican-controlled Legislature’s post-2010 Census adjustment of district boundaries.

[…]

Joined by the court’s three other liberal justices, Justice Sonia Sotomayor denounced the majority’s opinion as a “disregard of both precedent and fact” in light of the “undeniable proof of intentional discrimination” against voters of color.

“Those voters must return to the polls in 2018 and 2020 with the knowledge that their ability to exercise meaningfully their right to vote has been burdened by the manipulation of district lines specifically designed to target their communities and minimize their political will,” Sotomayor wrote. “The fundamental right to vote is too precious to be disregarded in this manner.”

In siding with the state, the Supreme Court tossed out claims of intentional vote dilution in state House districts in Nueces County and Bell County as well as claims that Hispanic voters were “packed” into Dallas County districts to minimize their influence in surrounding districts. The high court also rejected challenges to Congressional District 27 — where the lower court said lawmakers diluted the votes of Hispanics in Nueces County — and Congressional District 35, which the lower court flagged as an impermissible racial gerrymander.

But perhaps most significant on the voting rights front was the Supreme Court’s ruling that the state could be not be held liable for intentional discrimination of Hispanic and black voters.

See here and here for the background. The opinion is here if you have the stomach for it. You sure can accomplish a lot if you close your eyes and wave away evidence. I don’t know what else there is for me to say, so I’ll just refer you to Pema Levy, Ian Millhiser, Martin Longman, and Mark Joseph Stern. What Rick Hasen wrote five years ago sure looks prescient now.

MJ Hegar introduces herself

Here’s her opening video:

Fair to say it made a good impression, and USA Today, Daily Kos, Slate, Business Insider, and Political Animal all gushed about it. Nancy LeTourneau, who wrote that latter article, used it as a springboard to talk about not just the influx of female (mostly Democratic) candidates this cycle, but how they are running different types of campaigns than what we are used to seeing:

The shift that has happened was perhaps best described by Stacey Abrams, who is running to be Georgia’s next governor, when she said, “My being a black woman is not a deficit…It is a strength. Because I could not be where I am had I not overcome so many other barriers. Which means you know I’m relentless, you know I’m persistent, and you know I’m smart.” I recently took at look at how some Native American candidates are embracing the same message.

These women are tossing out the playbook for political campaigns that was written mostly by men and putting their experiences as women front and center to make their case for why voters should support them. They’re breaking down stereotypes and talking about things that have affected women for centuries but have been relegated to the shadows.

As LeTourneau says, this is a big deal regardless of how many of these women win. It’s a paradigm shift, one that we better get used to. Hegar’s a decided underdog in CD31, but if the wave is high and she pulls an upset, people are going to know her name.

Dem primary loser in CD06 files “vote fraud” lawsuit

That sound you hear is me banging my head on my desk.

Ruby Woolridge

Democrat Ruby Woolridge has filed a lawsuit challenging her 717-vote primary runoff loss for the 6th Congressional District to Jana Lynne Sanchez.

In the lawsuit, Woolridge claims that Sanchez “knowingly filed petitions with fraudulent signatures” in order to secure a spot on the March primary ballot.

Sanchez called the lawsuit “frivolous.”

“Unwarranted accusations cannot undo months of hard work spent collecting qualifying signatures on voters’ doorsteps and at public events, cross-referencing names and addresses with databases and eliminating any that raised questions,” said Sanchez, a public relations specialist. “The voters clearly chose us in the primary.”

[…]

In the lawsuit, Woolridge claims that Sanchez “knowingly concealed the fraudulent signatures from the Democratic local authorities” and that the volunteer circulators signed “the forged petitions before a notary public under duress.”

Jana Sanchez

Woolridge said she “only discovered the fraudulent conduct after the initial primary election was held for the Congressional seat for District 6,” according to the lawsuit. And she claims some people couldn’t vote in the primary election because someone else had already voted in their name through mail-in ballots.

She asks, in the lawsuit, for a special election or second runoff election to be held without Sanchez’s name on the ballot.

‘The purpose of the Election Code is to prevent fraud in our primary and general elections,” Woolridge’s lawsuit states. “The fraudulent and forged signatures submitted and filed by (Sanchez) in her petitions for a place on the Democratic ballot renders her applications null and void.”

The lawsuit was filed in Ellis County against Sanchez, as well as the Texas Democratic Party, Democratic chairmen in Tarrant, Ellis and Navarro counties and the Texas secretary of state.

Sanchez filed paperwork with the court asking that the lawsuit be dismissed.

“Ms. Sanchez denies any fraud by her campaign,” her filing states. “The small group of signatures that raised suspicions were set aside before ballot petition filing. Those signatures appear to have been collected by a person later revealed to have been helping the Woolridge Campaign while paid as a contractor for the Sanchez Campaign and who later openly moved over to the Woolridge camp. That person since admitted to signing a few names on behalf of voters (potentially a crime and so reported to appropriate authorities prior to receipt of the lawsuit).”

Sanchez said she will keep fighting the lawsuit.

The DMN has a copy of the lawsuit as well as Sanchez’s response. While I think this is highly likely to be bullshit, Woolridge has the right to challenge the result if she has reason to believe she was wronged. But as I said when now-former State Rep. Lon Burnam tried something similar after losing his primary in 2014, invoking Republican talking points about “vote fraud” will not get you any sympathy from me. Don’t let your desire to win cause you to lose your soul. I’m rooting for a swift and decisive resolution to this.

Our typically feckless state leaders

Way to set an example for the rest of us, y’all.

Gov. Greg Abbott and Lt. Gov. Dan Patrick frequently talk tough about illegal immigration, but they refuse to publicly support the Trump administration’s “zero-tolerance” policy that’s spurred outrage for ripping thousands of undocumented children out of the arms of their parents.

Neither are they criticizing it.

Texas’ top Republicans are making a calculated decision to hide from the humanitarian crisis, largely taking place on Texas soil, because they are afraid of upsetting their political base.

The governor has tried to say as little as possible about the White House policy, making only one public comment backing Trump’s argument that the children’s and parents’ traumatic experiences can be used as leverage for an immigration overhaul.

“This is horrible and this rips everyone’s hearts apart about what’s going on,” Abbott told a Dallas-area TV station. He added that Trump had offered to “end the ripping apart of these families” if Democrats agree to a new immigration law.

Abbott declined repeated requests for comment from the Houston Chronicle. Instead, his staff forwarded the statement made last weekend to NBC TV. The governor seeks to appear loyal without attracting attention to himself.

“It shouldn’t be a tightrope to do the right thing,” said John Weaver, a longtime campaign strategist from Texas who has consulted for Republicans like George H.W. Bush and now Ohio Gov. John Kasich. “It’s disappointing that we haven’t heard from the governor but not surprising. We’ve gone from Texas having very strong leaders to having leaders who are very calculating.”

[…]

Patrick never brought up the separation policy or the border when he spoke for half an hour at the Texas Republican Party convention in San Antonio on Friday. His office and campaign have not returned repeated calls for comment.

“Dan Patrick’s silence, in the face of such brutality committed on Texas soil, makes him as culpable as the administration. Morally, it’s as though he wrenched the children from their parents with his own hands,” said Mike Collier, a Democratic businessman running against Patrick for lieutenant governor in November.

As the Lone Star Project noted, Abbott has expressed his support for the Trump detention policy previously, before it became untenable for everyone this side of Ken Paxton and Sid Miller to oppose it. I suppose he and Patrick were just taking their time and hoping this would all go away, as befitting their cowardly natures, but their absence was definitely noticed.

“What is happening on the border tonight is an affront to humanity and to all that we as proud Americans hold dear,” state Rep. Jason Villalba, R-Dallas, told the American-Statesman Tuesday. “We are better than this. To watch our own governor remain silent in the face of this atrocity is an affront to all that we as Texans hold dear. As a member of the Texas Legislature, I am ashamed that my ‘so called’ leader is so controlled by his fealty to the president’s myopic vision of America that he is frightened like a feeble squirrel from taking action. It is time to act. NOW. Governor Abbott. Can you hear me?”

Both of those stories were from yesterday morning. By around lunchtime, Abbott had been forced out of his spider hole to make a few grudging remarks.

Gov. Greg Abbott is asking Texans in Congress to take bipartisan action to address the crisis of thousands of immigrant children being separated from their parents.

“This disgraceful condition must end; and it can only end with action by Congress to reform the broken immigration system,” he wrote in a letter to all members of the Texas delegation, including Republican Sens. Ted Cruz and John Cornyn.

Abbott called family separations, which are the result of a Trump administration policy announced earlier this year, “tragic and heartrending.” But he also called the separations the “latest calamity children suffer because of a broken U.S. border” — and urged members to “seize” the opportunity to work across the aisle and finally fix the problem.

“Texans are not fooled by the partisan divide on this issue,” Abbott wrote in the letter, which was obtained by The Texas Tribune. “They know that even if all Republicans agree, a bill fixing the problem will not pass without Democrat support in the Senate.”

Naturally, as befitting his craven nature, Abbott hid behind the lie that Trump was forced into the family separation policy and only Democrats could save him, to which Trump himself quickly put the lie with a hasty afternoon executive order, one that has ulterior motives. But as one Democratic Senator pointed out prior to that, it was easily within the power of even one Republican Senator to force the issue. And if Greg Abbott is sincere about wanting to keep families together and make progress on immigration, here’s a bill he could support. Don’t hold your breath would be my advice. Greg Abbott always, without fail, takes the easiest way out. Vox and ThinkProgress have more.

SCOTUS punts on non-Texas redistricting cases

The Magic 8 ballSCOTUS says Reply hazy, try again later in the two partisan gerrymandering cases before it.

On Monday, the court punted two major political redistricting cases: Gill v. Whitford, a challenge to Wisconsin’s Republican gerrymander, and Benisek v. Lamone, a challenge to Maryland’s Democratic gerrymander. Together, Gill and Benisek presented the Supreme Court with an opportunity to finally decide whether legislators violate the Constitution when they draw districts designed to dilute the power of voters’ ballots on the basis of their political associations. Instead, the court shooed away both cases on plausible but not entirely satisfactory grounds. Its nondecision will allow partisan gerrymandering to continue for the time being. Yet Justice Elena Kagan’s concurring opinion provides a road map for voting rights advocates to follow in the future—one that might attract Justice Anthony Kennedy’s vote if he remains on the court.

Ironically, Gill’s assault on Wisconsin’s gerrymander failed for precisely the reason that so many advocates thought it would succeed. In 2004, the Supreme Court splintered on the question of whether the judiciary can strike down a legislative map drawn along unduly political lines. Kennedy declared that courts might be able to, because partisan gerrymandering constitutes a genuine threat to voters’ First Amendment rights to free association and expression. But first, Kennedy wrote, the courts would need reliable, manageable, and consistent “judicial standards” to determine when, exactly, a gerrymander infringes upon these rights.

Gill marked an effort to hand Kennedy that standard, in the form of the “efficiency gap.” This formula measures two types of “wasted votes”: “lost votes” cast for a defeated candidate and “surplus votes” cast for a winning candidate that weren’t necessary for her to win. As its creator explains it, the efficiency gap measures “the difference between the parties’ respective wasted votes in an election, divided by the total number of votes cast.” A large efficiency gap indicates a particularly egregious partisan gerrymander; an efficiency gap of 7 percent can entrench the majority party’s power indefinitely. Wisconsin’s GOP-drawn gerrymander has an efficiency gap of 13 percent, indicating that Democrats could not possibly win back a majority in the state legislature. The Gill plaintiffs used this calculation as proof that Wisconsin Republicans had trammeled their First Amendment rights.

But here’s the problem: In order to bring a lawsuit in federal court, an individual must have standing—a “particularized injury” that burdens their rights individually. And in Gill, the group of voters who sued Wisconsin Republicans had not proved that their specific votes had been diluted on account of their association with the Democratic Party. Instead, Chief Justice Roberts wrote in his majority opinion, they “rested their case” on a “theory of statewide injury to Wisconsin Democrats.” This statewide injury, Roberts held, was not sufficiently particularized to give the plaintiffs standing to sue. So he sent the case back down to the lower court, giving the plaintiffs another opportunity to prove that Wisconsin’s gerrymander directly injures them.

[…]

Kagan, on the other hand, wrote a concurring opinion, joined by the other three liberals, effectively providing the plaintiffs with guidance on how to prove standing next time around. After reiterating that partisan gerrymandering is “incompatible with democratic principles,” Kagan explained that the plaintiffs should now “introduce evidence that their individual districts” were drawn to dilute Democratic votes. Moreover, the lower court should still “consider statewide evidence,” such as GOP mapmakers’ explicit desire to create a map that disfavored Democrats. Taken together, this evidence should suffice to give the plaintiffs standing.

But Kagan went further, giving the plaintiffs a different route to victory on their second try. The justice explained that partisan gerrymandering may burden a voter’s constitutional rights even if she does not live in a gerrymandered district. In Wisconsin, for example, all members of the state Democratic party are “deprived of their natural political strength by a partisan gerrymander.” As a result, members of this “disfavored party … may face difficulties fundraising, registering voters, attracting volunteers, generating support from independents, and recruiting candidates to run for office.” Individual voters may have standing, Kagan wrote, when mapmakers burden their “associational rights” in this manner. And their injury—a broad harm to their “First Amendment rights of association”—would be fairly easy to prove.

I’ll let you read that story and the “more reading” links at the end for analysis, but that’s the gist of it there. Expect to see this case take another tour through the courts, with a different name or set of names on top. The main thing to remember otherwise is that these cases were about partisan gerrymandering, which is not a claim being decided in the Texas litigation. That one is an old-fashioned racial discrimination claim, so the court has no real basis to send it back. Though with this court, who knows. I was clearly of the opinion back in April when the case was argued that we would have a decision by the end of June, but now I think I got that wrong. The Gill case was argued last October, so based on that I now expect this to be handed down late in the year. But again, with this court, who knows? Ian Millhiser, Rick Hasen, Daily Kos, and Pema Levy have more.

No set-aside for Stockman

Sorry, Stevie.

Best newspaper graphic ever

A Texas federal judge has declined to set aside a jury’s conviction of former U.S. Rep. Stephen Stockman, R-Texas, who was found guilty in April of funneling what were solicited as charitable contributions into accounts that funded political campaigns and personal expenses, holding there was plenty of evidence to support the outcome.

Stockman’s defense team asked Chief U.S. District Judge Lee Rosenthal for an acquittal in May, after a jury convicted Stockman, 60, who was indicted in March 2017, on 23 of 24 counts and acquitted him on one count of wire fraud. Jurors deliberated for a little more than 15 hours over three days before returning their unanimous verdict in the trial that began with jury selection on March 19.

The former congressman’s attorneys argued in their motion that he’s entitled to an acquittal because a “reasonable-minded jury” couldn’t have seen the evidence presented at trial and concluded beyond a reasonable doubt that he was guilty. What the evidence did show, they argued, is that the wealthy conservative mega-donors Stockman was accused of defrauding — the now-deceased Stanford Z. Rothschild Jr. and Richard Uihlein — knew what Stockman was intending to use the funds for.

Stockman argued that while the evidence may have shown he was complicit in an illegal scheme involving campaign donations, it doesn’t show that he defrauded the rich donors who he alleges were “knowing participants.”

In her order issued Wednesday, Judge Rosenthal rejected that argument, noting that the government put Uihlein on the stand during the trial, and he testified he was misled about how the funds would be used.

“The evidence was sufficient for a jury to reasonably conclude that Stockman intended to defraud Uihlein,” the judge wrote. “The clear weight of the evidence supported the convictions. The jury credited Uihlein’s explanation and description of what Stockman told him and what he knew, believed, and expected as a result. The jury clearly did not believe the evidence that Stockman’s counsel cites to make the argument about Uihlein’s ‘real’ motive.”

See here for the background. Stockman remains in custody until he receives his sentence on August 17. I’m never going to get tired of these updates.

The June elections

You may not realize this, but there are multiple elections going on right now around Texas. I’m aware of three:

1. The Klein ISD Tax Ratification Election:

Our shared vision in Klein ISD is that every student enters with a promise and exits with a purpose. In order to make our vision a reality for EVERY student, we need resources. We believe it’s important that every member of the Klein community understands how our schools are funded by the State and local taxpayers. For example, you might be surprised to know that as your home value grows causing you to pay higher school taxes, the State decreases their share of funding.

The above videos explain the current school funding system and the impact it has on the Klein ISD budget. It also explains steps the district has taken over the years to maintain the current educational programs.

See here and here for some news coverage about this election. I only know about it because Klein ISD is in Harris County, up near the Woodlands, and I’ve been getting the daily early vote totals for it. The EV period for this is over and the election itself is tomorrow, the 16th. You can find your polling place here if that applies to you. I’ve no idea why this is being held now as opposed to the May uniform election date, but you can learn more about TREs and why school boards need to have them here and here.

2. The Pearland City Council runoff:

After neither candidate garnered more than 50 percent of the vote as polls closed Saturday, Adrian Hernandez and Dalia Kasseb will face each other in a runoff next month to decide who will be the next Position 4 council member.

“I’m overwhelmed by the amount of support. … I’m excited to keep going,” Hernandez said. “It’s no different today than it was yesterday or how it will be tomorrow. I’ve been serving the city and I’ll keep doing that. I’m going to keep doing what I’ve been doing.”

It’s a familiar result for Kasseb, who faced six candidates in 2017 for a council position before ultimately losing to Woody Owens in a runoff for Position 7.

“I am buoyed to know I can count on growing support from the community,” Kasseb said. “We will continue the fight to become that voice for all on city council and be the solution to the challenges we face in our rapidly growing community.”

In early vote totals, Hernandez had a winning margin of votes, but as Election Day ballots were counted, both Kasseb and G. Sonny Atkins picked away at his lead.

“She’s a formidable opponent,” Hernandez said. “We’re going to look to those people we have not reached yet and fill in those gaps.”

Pearland City Council has staggered three-year terms, so they have elections for a subset of their members every year. Mike Snyder had a decent overview of this a couple of weeks ago. Like the Klein ISD TRE, this one will happen on Saturday, as early voting ended on Tuesday. Voting location information is here and a map is here. At least the runoff this year seems to be a lot less ugly than last year’s was.

3. The special election in CD27.

Twice.

That’s the number of times candidates for Texas’ 27th Congressional District have already had their names on a ballot. For months they’ve traveled the district, shaken hands, and gone to meet and greets. They’ll need to get used to that campaign trail.

That’s because even when the top two contenders to fill the seat — Republican Michael Cloud and Democrat Eric Holguin — arose, the battle on the ballot was still far from over.

Voters will next cast their ballots in the June 30 special election. There could be two more elections after that as well. At the very least there’s one more in November.

[…]

The winner will be in office for less than a year.

That time could be cut down even more if one of the nine candidates on the ballot does not get more than half of the votes. If that happens, a runoff would follow.

When voters head to the polls they’ll see nine names on the ballot — Democrats, Republicans, Libertarians and Independents alike.

Three of those names should be familiar to voters: Holguin, Cloud and Raul “Roy” Barrera. Win or lose in the special election Holguin, a Democrat, and Cloud, a Republican, will face off again in the November general election.

On the last election night, Holguin said the primary runoff election’s outcome would play a “huge role” going into June.

“It shows who the top two candidates are,” he said. “I know there are nine candidates, but we are the ones that are going to be going face to face in November. So we’re the ones that people are going to be paying attention to and really focusing on.”

Last month, Bech Bruun, who lost to Cloud in May, endorsed the former Victoria GOP chair, asking people to vote for him in both June and November. Bruun’s name still will appear on the June ballot.

Bruun said a large part of the endorsement was so hopefully his supporters would switch to Cloud and a runoff would be avoided.

The Corpus Christi Caller also endorsed Cloud for the special election, though they reserved the right to change their mind for November. TDP Chair Gilberto Hinojosa endorsed Eric Holguin, as the only chance Dems have is in a low-turnout context with the bulk of Dem votes going to Holguin. I don’t care for his odds, but we’ll see if the trend of Dems cutting into Republican margins from 2016 holds here. Early voting for this one started on Wednesday, with E-Day on June 30. Oh, and just so we’re clear, Blake Farenthold is still a leech.

But wait! I hear you cry. Wasn’t there also supposed to be a runoff in the special election for HD13? Yes there was, and no there won’t be.

Following a March 6 Primary Election, May 5 Special Election and a May 22 Primary Runoff Election, former Grimes County Judge Ben Leman will take the oath of office Thursday, May 31, as the new Texas State Representative of District 13.

According to the Texas Secretary of State office, Leman was considered duly elected to fill the vacated seat for the remainder of the current term following the withdrawal of opponent Jill Wolfskill from the runoff special election that was set to occur in late summer. Wolfskill made a formal concession from the race May 23 via her Facebook page and submitted a “signed, notarized withdrawal to the office of the Secretary of State” to announce her decision.

“I want to say a big thank you to my family, friends, supporters, and volunteers on the Jill Wolfskill campaign these past four months,” said Wolfskill. “Running this race in has been a great honor and I am so blessed by the amazing support I received, and by the people I’ve had the opportunity to meet throughout this district.”

Wolfskill and Leman had both previously made public comments regarding the concession of the candidate who received the least number of votes in the May 22 Primary Runoff Election to prevent unnecessary financial burdens to the seven counties in House District 13. Leman took the majority of the 14,602 votes with 57.33 percent, while Wolfskill had 43.03 percent.

Leman still has to win the November election against Cecil Webster, but if he does he will have a head start in seniority over his fellow members of the class of 2018. And the good news is we should get the entire month of July off from elections.

Where CD02 and CD07 stand

The race in CD02 gets a little attention from the Chron.

Todd Litton

The demographic elements that make the 7th Congressional District in Houston one of the hottest midterm elections in the nation also run through a neighboring area that has some Democrats dreaming of picking up not one, but two Republican-held congressional seats in Harris County this year.

While the 2nd Congressional District has not received anywhere near the focus of national Republicans or Democrats as the neighboring 7th, the similarities in the districts’ changing demographics – particular the growth of non-white and college educated voters – has Democrats optimistic as they anticipate a national wave election that could sweep Democrats back into power on Capitol Hill.

Both districts have slightly more women then men, nearly identical median ages (35) and median household incomes ($72,000). According to U.S. Census data, both have about 98,000 black residents and about 245,000 Hispanic residents.

But there is one big factor so far keeping the 2nd from becoming a hot race like the battle between Democrat Lizzie Pinnell Fletcher and Rep. John Culberson, a Houston Republican, in the 7th District: Trump.

In 2016, both the 7th and 2nd saw less support for President Donald Trump than what Republican presidential candidate Mitt Romney received four years earlier. Romney won over 60 percent of the vote in both districts against President Barack Obama in 2012. But in 2016, Trump won 52 percent in the 2nd Congressional District and just 47 percent of the vote in the 7th, where Culberson has faced few serious challengers.

Those 5 percentage points mean everything to national forecasters who say Trump’s performance in the 7th revealed a major problem for Republicans. There are 20 seats in the House held by Republicans that Clinton won in 2016.

It is true that the difference in performance from 2016 has the forecasted odds for a Democratic win in CD02 lower than they are in CD07. It’s a similar story elsewhere – Cook Political Report and Real Clear Politics have CD07 as a tossup, while Sabato’s somewhat outdated Crystal Ball has CD07 as Lean R. None of them have CD02 on the board. I think that slightly underestimates the chances in CD02. The Morris model puts Litton’s odds at roughly one in six, which seems reasonable. If the wave is high enough, and if Harris County has shifted more than people think, it’s in play. Frankly, the fact that we’re even talking about it is kind of amazing.

Litton has the advantage over Lizzie Fletcher in that CD02 is an open seat. Ted Poe has generally been a more congenial member of Congress, which to some extent may just be a function of having had fewer general election opponents, but it’s fair to say this race would be farther off the radar if Poe were running for re-election. On the other hand, Fletcher gets to run against John Culberson’s record on health care, gun control, flood mitigation, Donald Trump, and so on, all in a year when being an incumbent may not provide the edge it usually does, while Litton will have to work to define Crenshaw before Crenshaw can establish his own identity. Crenshaw and Fletcher had to survive runoffs while Litton and Culberson have been able to focus on the fall since March, but the lengthened campaigns gave the former more exposure to their voters. Litton has the cash on hand advantage over Crenshaw for now, though I don’t expect that to last for long. Fletcher trails Culberson in the money race, but the total raised by Dems in CD07 has far exceeded Culberson’s haul, and now Fletcher isn’t competing with three other high-profile candidates. She will have to deal with outside money attacking her, while if the national groups have engaged in CD02 it’s surely a sign of great things for the Dems and a large helping of doom for the GOP. Overall you’d rather be in Lizzie Fletcher’s position because of the 2016 performance and the general makeup of the districts, but being Todd Litton has its advantages as well.

State Rep. Larry Gonzales steps down

One more legislative special election coming.

Rep. Larry Gonzales

State Rep. Larry Gonzales, R-Round Rock, is resigning early, saying “it’s time to get on with the next phase of my life.”

Gonzales, a member since 2011 and a Capitol staffer before that, had already decided this would be his last term and didn’t file for re-election this year. His resignation, effective on Thursday, sets up a special election for the remainder of his term.

That might take place on the same day as the November general elections. There’s a precedent: State Rep. Larry Phillips, R-Sherman, quit earlier this year and was appointed to a judicial position; the special election for what’s left of his term will take place in November.

[…]

Republican Cynthia Flores and Democrat James Talarico will be on the ballot for a full term in House District 52 in November; candidates can file for the stub term as soon as Gov. Greg Abbott calls a special election and sets a date.

Now-former Rep. Gonzales announced his intent to not run this November back in September. A November special election isn’t particularly interesting – had he resigned in time for there to have been a May special, that would have been – but his HD52 is a seat to watch, as Trump won it by a mere 46.7 to 45.3 margin; it was basically a ten-point Republican district downballot. And as with the HD62 special election, this is another opportunity for me to implore Sen. Sylvia Garcia to follow this path and let there be a special election in November to succeed her as well, so that SD06 can be properly represented for the 2019 term. Please don’t make me beg, Sen. Garcia.

Checking in on the Congressional forecast

Now that our November lineups are finalized, I thought I’d check in once again on the 2018 Congressional race forecast, from G. Elliott Morris of The Crosstab. I last wrote about this in December, at a time when the generic ballot preference was consistently showing a double-digit lead for Democrats. The polls are closer now but the Dems still have a sizable lead. Here’s how things project in Texas, according to this model:


Dist  Flip%  Margin  16 Marg  14 Marg
=====================================
CD02  14.3%   -10.6    -18.6    -33.7
CD03   7.4%   -14.4    -25.1    -37.1
CD06  19.2%   - 8.7    -16.0    -21.3
CD07  49.1%   - 0.2    -11.5    -31.4
CD10  19.0%   - 7.5    -16.1    -22.6
CD14   5.5%   -13.8    -20.7    -22.8
CD17   4.6%   -14.7    -22.4    -28.9
CD21  19.3%   - 8.6    -18.6    -26.0
CD22  18.6%   - 7.7    -16.0    -33.3
CD23  86.8%     9.7    - 0.5    -15.5
CD24  26.1%   - 5.5    -16.4    -30.9
CD25  11.3%   -10.5    -21.1    -22.5
CD27   4.3%   -17.1    -23.6    -30.3
CD31  10.8%   -10.7    -19.5    -27.7
CD32  39.9%    -2.2    -12.1    -23.7

These data points are from Sunday; there are daily updates, which move things a bit one way or the other. “Flip% is the probability that the Democratic challenger will win that district. “Margin” is the difference between the projected Republican share of the vote and the projected Democratic share, so a positive number is a Democratic win and a negative number is a Republican win. (Obviously, that’s a point within a range, not a gospel truth, hence the Flip% probability.)

“16 Marg” and “14 Marg” are my additions, as earlier versions of this table had similar values. As with the Margin column it’s the difference between Republican and Democratic performance. However, while Margin compares Congressional candidate percentages, we can’t reliably do that for 2016 and 2014, since some of these races were unopposed. As is my custom, I used Court of Criminal Appeals races – CCA3 for 2014, CCA6 for 2016. This provides another illustration of my point from that post about the CD07 poll. You can’t have tighter Congressional races up and down the ballot and not have tighter statewide races. It may be that Morris’ model is wrong, and it may be that the totality of statewide polling data will make it clear that he’s being too bullish on the Dems. All I’m saying is that stuff like this has to be taken into account as well.

The differences in the margins fascinate me. For the 2014 to 2016 shift, most of that reflects the kind of turnout pattern we have been used to seeing in Presidential versus non-Presidential years lately. The effect is much more pronounced in urban areas, and in this case it was greatly enhanced by the Trump effect, with a side of demographic change and voter registration efforts. Projected shifts from 2016 to 2018 are nearly all about the national atmosphere. It’s kind of amazing to me that the district projected to be the most flippable outside the top three is CD24, which has gotten maybe one percent of the attention that even some of the second-tier districts have gotten. Maybe that’s a blind spot in reporting, and maybe it’s a non-optimized opportunity on the Dems’ part. CDs 06, 10, and 22 all had smaller 2016 margins than CD24, so maybe they’ll catch up when all is said and done.

I’ll check in on this again in August or so. In the meantime, here’s a story about G. Elliott Morris, the guy who’s doing these projections. One way or another, his work will be closely scrutinized on November 7.

DCCC poll: Culberson 47, Fletcher 45

Game on.

Lizzie Fletcher

The U.S. House race between GOP incumbent John Culberson and Democratic challenger Lizzie Pannill Fletcher is generally expected to be closer than most in this traditionally Republican enclave of west Houston and the Harris County suburbs.

Now an internal Democratic poll of the 7th Congressional District shows it to be a statistical tie. The poll of district voters, released Friday by the Democratic Congressional Campaign Committee, found Fletcher within 2 points of Culberson, 45 percent to 47 percent. That is within the poll’s 4.9 percent margin of error.

[…]

The DCCC poll shows Fletcher leading Culberson by 8 points among women (50 percent to 42 percent), 20 points among independents (52 percent to 32 percent), and by 28 points among voters under 50 (57 percent to 29 percent).

Further proof that that the district could be in play: The poll found that a generic Democrat is within striking distance of a generic Republican – 46 percent to 47 percent. That’s tighter than the difference between Fletcher and Culberson, but still within the margin of error.

The Democratic poll also gave Culberson a net-negative favorability rating, with 32 percent of voters having a favorable view of the congressman, compared to 39 percent who don’t. Similarly, the poll found that 35 percent of voters approve of Culberson’s job performance, while 39 percent disapprove.

Meanwhile, Trump also remains underwater in a district, which he lost by 1.4 points in 2016. In the DCCC poll, 50 percent of Seventh District voters disapprove of his job performance, while 42 percent approve.

I first heard about this poll via G. Elliott Morris’s Twitter feed, but this story adds some details. Internal polls are generally treated with skepticism – scroll down to see the responses to that tweet for a couple of examples – and I want to talk about why that is first. The main reason why internal polls are looked at differently is because when an internal poll is released, you have no way of knowing how many other polls that particular campaign or committee might have done that they did not choose to release. In other words, the poll that gets released may be the most favorable of the bunch, cherry-picked to present a sunny view of the situation. Media and tracking polls are public, with all their results out there to be seen, so when there’s an outlier it tends to stand out. You just don’t know if an internal poll is an outlier or not.

The other reason why internal polls are different is that they are sometimes used for specific purposes like testing a message or attracting financial support. Polls that take the measure of a race, then “inform” the respondents about one of the candidates and re-ask the original question again at the end, are a common example of this. The Justin Nelson poll from December is in this category. There’s nothing wrong with this – it’s a valuable campaign tool – but since the result comes from an idealized scenario – in a real campaign, both candidates get to “inform” voters, assuming they have the resources to do so – these polls are not very useful as predictive tools.

For those reasons, and because full poll data is often not available, poll aggregators and election modelers tend to give internal polls less weight. All that said, this poll is an example of one we can probably take more seriously. For one thing, given that the runoff was less than two weeks ago, there very likely have not been any other polls done by the DCCC since Fletcher became the nominee. There’s (again, probably) nothing to cherry-pick from. The DCCC, which has now added Fletcher to its Red to Blue group, generally doesn’t try to convince funders to invest in a particular race, and for them to want to include CD07 as a race to target they’ll want accurate horse-race numbers. None of this means that they couldn’t have made optimistic assumptions about turnout or the makeup of the electorate – we don’t have the internal poll data, so who knows what they sampled from – but all pollsters have to make those judgments.

All things considered, I believe we can take this poll more or less at face value. Which is to say, it’s a data point, and we hope to see more of them to get a fuller picture of what may be happening. Given that, the way to think about this is not just for this race, which we believe will be close and competitive, but for how it fits into the bigger picture. For one thing, Democrats swept Harris County in 2016 while John Culberson was winning in CD07 by 12 points. If we’re in an election year where CD07 is truly a tossup, then that strongly implies an even better year for Democrats in the county. Even more than that Lina Hidalgo poll, this should be encouraging for Dems, and downright terrifying for Republicans.

But it’s not just Harris County. There are two big reasons why CD07 is and has been seen as a top pickup opportunity. The main reason is because Hillary Clinton carried the district in 2016, but as we have discussed here before, some of that was because of crossover voters. Like I said above, Culberson still won the district 56-44. The other, equally important, reason is that the national atmosphere is one that favors Democrats and strongly indicates that the Republican advantage in districts like CD07 will be greatly diminished. Put another way, we expect that more Democrats and fewer Republicans will vote than in other similar election years. And that’s not just true in CD07, and in other battleground districts like CD23 and CD32. It’s true across the board, and it’s factored into every election prediction model, like the Morris model. Scroll down to the “Forecasts for every House seat” section and compare his projected margin in each Congressional district to the actual margins from 2016 and 2014.

This is something that I don’t think has been absorbed by media outlets and pundits in this state, all of which comes very much to the fore when a statewide poll like the second one from Quinnipiac comes out. Greg Abbott, who carried Harris County by five points in 2014, carried CD07 by a 60-38 margin in 2014; Culberson won that year by a 63-35 score. Again, if we are in an election where CD07 is a tossup, then the effect of that will be felt statewide, not just countywide. More to the point, if we are in that election, then the same effect will be felt in every Congressional district in Texas. It will be felt more in some districts than in others, and in specific races with specific candidates with strengths and weaknesses that may counter or enhance the national mood. But it will be felt.

The point I’m making is that a poll like that second Quinnipiac poll may be right, and polls like the DCCC CD07 poll and the Hidalgo Harris County poll may be right, but they can’t all be right. If the Q-poll is right, the other two are almost certainly too optimistic about Democratic chances, and if the latter two are right, then that Q-poll is almost certainly understating Democratic statewide support. I wish the people who write about these things would take that into consideration when they do. We don’t know yet which view is right. The fact that these conflicting polls exist is almost certainly because everyone has a different idea of what that national atmosphere will be like, and how big its effect on Texas will be. If you’re skeptical of any effect here you need to explain why. For now at least, all I’m saying is that polls like these don’t exist in a vacuum. Don’t evaluate one without taking into consideration the others.

Stockman remains in custody

So sorry.

Best newspaper graphic ever

A federal judge ruled for the second time that former U.S. Congressman Steve Stockman is a flight risk and ordered him to remain in federal custody while he awaits sentencing in an elaborate $1.25 million fraud scheme.

Chief U.S. District Judge Lee H. Rosenthal ordered the former GOP lawmaker detained in April after his conviction, following a four-week jury trial, on 23 criminal counts, including mail and wire fraud, violating federal election law, making excessive campaign contributions and lying on a federal tax return.

Stockman’s attorneys asked last week that their 61-year-old client, who is diabetic, be permitted to be free on restricted bond so that that he can seek “necessary medical attention and treatment prior to sentencing.” His lawyers said in court documents he had not been receiving sufficient medical attention at the Joe Corley Detention Center in Conroe and he hoped to get evaluations and treatment in advance of his sentencing scheduled for August 17.

[…]

In denying the request, the judge said she would instruct the U.S. Marshals Service to work with the staff at the detention facility to ensure that Stockman receives the treatment and medication he needs.

Rosenthal explained in her terse four-page order that Stockman, who used Bitcoin and burner phones and helped an aide avoid FBI detection for years in Egypt, did not meet his burden to convince her he is not a flight risk.

See here for some background. I hate to make light of someone’s misfortune, but I daresay this is an example of someone’s reputation preceding them. Given the potential sentence he was facing, I’d consider him a flight risk, too.

Stockman asks for his verdict to be set aside

Never know till you ask, right?

Best newspaper graphic ever

Attorneys representing former U.S. Rep. Stephen Stockman, R-Texas, who was found guilty in April of funneling what were solicited as charitable contributions into accounts that instead funded political campaigns and personal expenses, have asked the court to set aside the jury’s conviction in the case citing a lack of evidence.

Stockman’s defense team filed the motion asking Chief U.S. District Judge Lee Rosenthal for an acquittal on Monday. A jury convicted Stockman, 60, who was indicted in March 2017, on 23 of 24 counts, acquitting him on one count of wire fraud. Jurors deliberated for a little more than 15 hours over three days before returning their unanimous verdict in the trial that began with jury selection on March 19.

[…]

The former congressman’s attorneys argued in the motion that he’s entitled to an acquittal because the evidence presented at trial “could not be accepted by a reasonable-minded jury as adequate and sufficient to support a guilty verdict beyond a reasonable doubt.” Instead, the evidence showed that the wealthy conservative mega-donors Stockman was accused of defrauding — the now-deceased Stanford Z. Rothschild Jr. and Richard Uihlein — knew what Stockman was intending to use the funds for, according to the motion.

“With respect to fraudulent intent, the evidence must show Mr. Stockman had a conscious, knowing intent to defraud and that he contemplated or intended some harm to the property rights of the victim,” the motion argued. “The government has not established this.”

Sean Buckley, who represents Stockman, had told reporters immediately after the verdict there would be an appeal in the case. He reiterated arguments presented for the jury that the funds came from donors who knew the congressman would be using the money “to finance Mr. Stockman’s political work and his projects.”

See here for the background. The motion was made to the trial judge, Judge Lee Rosenthal, who I presume will rule on it before sentencing, which is scheduled for August 17. I can’t imagine this sort of motion works very often, but I suppose it’s a prelude to the eventual appeal. I’ll keep my eyes open for further developments.

Pot versus Pete

I love this story.

Marijuana reform activists have created a new super PAC aimed exclusively at defeating Texas Republican Rep. Pete Sessions, the House Rules Committee chairman who has blocked cannabis reform legislation from reaching the House floor.

Marijuana Policy Project founder and former Executive Director Rob Kampia is leading the effort, which he said is crucial to legalizing medical marijuana federally and affirming federalism for recreational pot, two policies supported in principle by President Trump.

“Everyone knows who he is and that he’s our biggest problem on Capitol Hill. Half of my job has already been done by Pete Sessions himself,” Kampia told the Washington Examiner. “All I’m going to do is pass the hat.”

[…]

Kampia left MPP last year and now leads the Marijuana Leadership Campaign, a small group with a narrower agenda. He recently registered the super PAC, called Texans Removing Outdated and Unresponsive Politicians, ahead of a Wednesday donor meeting in New Orleans.

“[Sessions] is in fact what I call a sphincter who is constipating the process,” Kampia said. “The reason we haven’t won is just process; it’s not content.”

Kampia aims to raise $500,000, which he believes he can do after “having raised $4 million a year for this issue” at MPP, where he oversaw a variety of state efforts, including a major role in Colorado’s 2012 recreational legalization campaign.

In addition to the super PAC, which can independently spend unlimited amounts, Kampia plans to bundle contributions for the Democrat who wins a May 22 runoff primary and provide support for Libertarian candidate Melina Baker.

“I am going to bundle a whole bunch of checks and send them to the Democrat without talking to the Democrat. You are going to see a bunch of $2,700 checks flowing from the same people who you’re going to see on our [super PAC] reports,” he said.

The district’s two Democratic contenders, Colin Allred and Lillian Salerno, did not immediately respond to requests for comment. Although he believes their positions are acceptable, Kampia said, “It doesn’t matter if they are good on marijuana — we just need him out.”

I noted this in my Congressional runoff report, but didn’t get around to running this until now, when we know that Colin Allred is the runoff winner. I just want to say that “Legislative Sphincter” is now the name of my Butthole Surfers tribute band. No joke, though, Pete Sessions is seriously anti-pot – just read the quotes in that Examiner story. As D Magazine noted, both Democratic candidates in the runoff favored medical marijuana, so there was a winner either way for this PAC. I can’t wait to see the ads that Texans Removing Outdated and Unresponsive Politicians produces. The Dallas Observer has more.

It’s all about the millennials

From Colin Allred:

Colin Allred

When Colin Allred, a 35-year-old former NFL linebacker-turned-congressional candidate, addressed two dozen student volunteers at a rooftop restaurant last week, he promised them that he knows millennials are more than avocado toast-eating social media obsessives.

“People think millennials just tweet … and complain, but you all are living proof that that’s not true,” Allred said. “You are the best part of this party.”

Allred — the newly minted Democratic nominee for a competitive House seat here— is part of a swell of young Democratic House candidates hoping to inspire higher turnout among fellow millennials in the midterm elections, when youth voting rates typically decline. At least 20 millennial Democratic candidates are running in battleground districts, a leap over previous cycles that could remake the party’s generational divide.

“I don’t recall a cycle with anything close to this number of younger candidates in recent times,” said Ian Russell, a Democratic consultant who served as the deputy executive director of the Democratic Congressional Campaign Committee. “Notably, younger candidates who actually have a good shot at winning – raising money, running professional campaigns.”

[…]

Allred’s youth and personal story appear to have made up for an initial lack of traditional campaign resources. Allred lagged behind his Democratic opponents in cash for a year and didn’t air a single TV ad before finishing ahead of them all in the first-round primary in March.

Allred — who blasted Drake’s “Started from the Bottom” in the car en route to his primary-night victory party — is a local high school football star who was raised by a single mom and made it to the pros before becoming a civil rights attorney. That makes him the “kind of candidate who has a compelling story that can meet the experience threshold” to defuse attacks on his credentials, said [consultant Zac] McCrary.

To Dan Crenshaw:

In a Republican Party in desperate need of younger, more vibrant voices, Dan Crenshaw might be exactly what the GOP is looking for.

When the 34-year-old who nearly died on a battlefield in Afghanistan six years ago surged to a stunning victory on Tuesday night, he didn’t just win the party’s nomination in a Republican Primary battle for Congress that few thought he could win. He became a potential star on the national stage because of his war-hero story and a charisma that is drawing younger voters.

“It’s so exciting to have fresh faces emerging like Dan who will lead the Republican Party forward into the next generation,” said Jack Pandol, a spokesman for the National Republican Congressional Committee. “Wise political observers will start keeping an eye on Dan right now, because he has a bright future.”

I’ll stipulate that Crenshaw has more charisma than most Congressional candidates, but you’re going to need to do more to convince me than assert it in a news story that he will be more attractive to millennials who aren’t already Republicans than some other Republican. Millennials are more associated with Democrats than older generations, in part because millennials are a lot less white than older generations. Charisma is only worth so much; at some point, you have to speak to the issues the voters care about. I haven’t seen anything about Crenshaw to suggest he’s all that different from other Republicans on matters of substance, but the campaign is still young.

(For what it’s worth, CD02 Democratic candidate Todd Litton is 47. Older than Crenshaw, but himself also considerably younger than the average member of Congress.)

As for Allred, the issue as always is less persuasion and more engagement. If millennials turn out, he’ll get plenty of their votes. How well he, and every other Democrat, does on that score is the big question.

The Republicans’ risk factors in 2018

The Cook Report’s Dave Wasserman comes up with a system for evaluating Republican Congressional incumbents who may have some trouble in their future.

Armed with fresh FEC data, we have created a table listing seven “risk factors” to gauge Republican incumbents’ political health and readiness for a wave election. In the past, those incumbents with a high number of risk factors have typically been the ripest targets, while those with fewer risk factors could still be vulnerable but may be better able to withstand a hostile political environment.

The seven risk factors are:

1. Sits in a district with a Cook PVI score of R+5 or less Republican.
2. Sits in a district that Hillary Clinton carried in 2016.
3. Received 55 percent of the vote or less in the 2016 election (or a 2017 special election).
4. Voted in favor of the American Health Care Act in the May 4 roll call vote.
5. Voted in favor of the Tax Cuts and Jobs Act in the December 19 roll call vote.
6. Raised less money than at least one Democratic opponent in the first quarter of 2018.
7. Has a Democratic opponent with at least $200,000 in cash on hand as of March 31.

Only one incumbent, Rep. Steve Knight (CA-25), has all seven risk factors. Eight incumbents have six risk factors, 23 incumbents have five, 23 incumbents have four and 32 have three. This is not a hard and fast list, and over the next quarter, many incumbents will add or subtract factors based on their own and their opponents’ progress.

What we care about are the Texans on this list, so here they are:

Six risk factors – Will Hurd, CD23

Five risk factors – Pete Sessions, CD32

Four risk factors – John Culberson, CD07

Three risk factors – John Carter, CD31; Brian Babin, CD36

Two things to note here. One is that this list is limited to incumbents, so open seat races are not included. Two, these risk factors do not necessarily correlate to the electoral prospects of the district in question. The Cook House ratings report includes CDs 07, 23, 32, and open seat 21, but not 31 and 36.

That latter one really stands out, as it’s a 70%+ Trump district. The risk factors for Brian Babin are the AHCA and tax cut votes – we would need to see some district-specific polling to know how risky those were to him, but it’s not crazy to think those actions would not be terribly popular – and having been outraised in Q1 by Dayna Steele. Babin still has a large cash on hand advantage, not to mention being in that deep red district, and Steele had a competitive primary to win, but as I said before, the fact that Steele has been able to raise that kind of money in that kind of district is nothing short of amazing.