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Election 2016

On straight tickets and undervotes

As we know, straight ticket voting in Texas is now officially a thing of the past. It will not be an option in 2020, the next time there will be partisan elections. Thanks to the success of Democratic candidates in 2018, particularly in Harris County, there have been a bunch of questionable takes about how the existence of straight ticket voting was the propellant for these victories. I’ve scoffed at the implicit assumption in these stories that Democrats would undervote in disproportionate numbers in the downballot races once the straight ticket option was gone, and that got me to thinking. What do we know about the undervote rate now?

In every race, some number of people don’t vote. That number is reported by the County Clerk in the election returns. Higher profile races, district races, races at the top of the ticket, these tend to have higher participation. Judicial races, which are lower profile and at the end of the ballot, those unsurprisingly tend to be the ones with the most undervotes. If these are the races most likely to be affected by the loss of the straight ticket option, then what might that effect be?

That’s the question I wanted to try to answer. So, I looked at the undervote rates in past elections, to see if there were any trends. First, though, I needed to establish what the real undervote rate is. By definition, the people who vote straight ticket are voting in each contested election, so only the people who don’t vote a straight ticket can undervote. Thus, I started out by subtracting the combined straight ticket totals for the year, and calculated the undervote rates based on the remaining tallies. Here’s what this looks like:


Year  Regular  Lo under  Hi under  Lo pct  Hi pct
=================================================
2002  296,924    46,505    58,319  15.66%  19.64% 
2006  314,606    48,626    57,970  15.46%  18.43%
2010  264,545    38,014    45,326  14.37%  17.13%
2014  219,892    27,360    33,280  12.44%  15.13%
2018  287,429    33,572    39,564  11.38%  13.76%

2004  389,898    81,724    85,333  20.96%  21.89%
2008  449,307    81,416    89,306  18.12%  19.88%
2012  386,475    66,435    73,387  17.19%  18.99%
2016  451,827    63,226    69,344  13.99%  15.35%

“Regular” is what I called the number of votes cast by those who did not vote a straight ticket. As you can see, even as turnout has varied greatly from year to year, the number of “regular” voters has remained relatively static. The next two numbers represent the range of undervote totals for the judicial races, and the numbers after them are the rates for the undervotes, adjusted to account for the straight ticket voters.

What we see from this is that even as straight ticket voting has increased, the number of people not voting in judicial elections has decreased, relatively speaking. I would attribute that to the overall increase in partisanship in recent years. That suggests to me that when straight ticket voting goes away, voters are still going to be likely to vote in all, or at least nearly all, of the races on the ballot. There will be more undervotes than there are now – as I previously observed, the undervote rate as calculated by the County Clerk over all voters was in the three to four percent range this year. It will end up between that and the lower end numbers I show above. Do bear in mind that for City of Houston elections for At Large Council spots and for City Controller, the undervote race is often above twenty percent. We’re not going to see anything like that in even-numbered years. The vast majority of voters are going to completely fill out their ballots. We’ll see what the numbers look like in 2020, but I see no reason why the trends we see here won’t continue.

The decline and fall of the Republican Party in Harris County

It can be summed up in this table:


Dist   Romney  Trump   Cruz
===========================
HD126   62.1%  53.0%  51.5%
HD127   69.2%  61.2%  59.5%
HD128   72.4%  68.2%  66.8%
HD129   64.5%  55.3%  54.0%
HD130   75.9%  68.1%  66.0%
HD132   58.9%  50.0%  47.9%
HD133   68.1%  54.5%  54.3%
HD135   58.8%  48.9%  46.4%
HD138   59.2%  47.8%  46.5%
HD144   47.9%  38.4%  37.9%
HD150   68.5%  59.2%  57.0%

These were the last three high-turnout elections. You can see what happens to the Republican share of the vote in State Rep districts that had been held by Republicans after the 2010 election. (I am as per my custom ignoring the unicorn that is HD134.) Besides putting more districts into play – the Democrats now hold 14 of the 24 State Rep districts, and came within an eyelash of winning a 15th – it means the Republicans aren’t running up the score in their best districts, which gives them fewer voters overall in the county, and in overlapping places like CD07 and Commissioners Court Precinct 2. For comparison, here are the Democratic districts over the same time period:


Dist   Romney  Trump   Cruz
===========================
HD131   15.7%  13.3%  14.1%
HD137   34.5%  28.9%  28.7%
HD139   23.6%  20.6%  21.7%
HD140   29.0%  21.9%  21.9%
HD141   12.1%  12.6%  12.7%
HD142   22.0%  21.0%  21.1%
HD143   31.9%  26.0%  26.0%
HD145   38.3%  28.7%  28.3%
HD146   20.1%  17.3%  17.9%
HD147   20.3%  16.8%  16.8%
HD148   41.1%  30.5%  30.0%
HD149   40.1%  32.5%  34.8%

There are a few notable drops in Republican support between 2012 and 2016, mostly in HDs 140, 145, and 148, but overall the decline was less severe. Of course, in some of these districts they basically had nowhere further to fall. The strong Democratic districts also tend to have fewer eligible and registered voters overall, and lower turnout besides. By my count, there were 605,214 votes total cast in the ten State Rep districts the Republicans won in 2018, and 612,257 in the 14 Democratic districts. If you put HDs 132 and 135 back in the Republican column, as they were before the election, then the split was 729,298 votes in the twelve districts that started out with Republican incumbents, and 488,119 votes in the twelve Dem-held districts. They needed bigger margins in those Republican districts, they got the exact opposite, and the rout was on.

Does this mean the Republicans are forever doomed in Harris County? No, of course not. As I said, I was feeling pretty good after the 2008 elections too, and we know what happened next. But the dynamic is clearly different now. Harris County isn’t purple. It’s blue, and it’s blue because there are more Democrats than Republicans. Right now at least, modulo any future changes to the nature of the parties and who belongs to them, the Democrats’ biggest threat in Harris County is lousy turnout. We did get swept in the no-turnout year of 2014, but the margins in the judicial races and at the top of the ticket were much closer than the ones we had this year. Until something changes at a macro level, in any normal-or-better turnout scenario, there are going to be more Democratic voters than Republican voters in Harris County. That’s the threat that the Republicans face, and the trends are not in their favor. On top of the demographic shift in Harris County, Donald Trump helped push away some of the more reliable members of the GOP base this year. Maybe that won’t stick, but even if it doesn’t that doesn’t help them that much. The Harris County GOP can whine all they want to about straight ticket voting. That wasn’t even close to their biggest problem.

Precinct analysis: The two key CDs

I want to break out of my usual precinct analysis posts to focus on the two big Congressional districts that were held by Republicans going into this election and are entirely within Harris County, CD02 and CD07.


CD07

Candidate    Votes     Pct
==========================
Culberson  115,418  47.49%
Fletcher   127,568  52.50%

Cruz       112,078  45.99%
O'Rourke   129,781  53.25%

Abbott     127,414  52.45%
Valdez     111,248  45.79%

Patrick    113,520  46.77%
Collier    124,555  51.31%

Paxton     110,526  45.63%
Nelson     126,567  52.25%

Hegar      124,558  51.69%
Chevalier  109,747  45.54%

Bush       121,500  50.31%
Suazo      114,267  47.31%

Miller     112,853  46.93%
Olson      123,473  51.35%

Craddick   124,873  51.93%
McAllen    110,377  45.90%

Emmett     135,016  57.34%
Hidalgo    100,412  42.66%

Daniel     123,371  51.97%
Burgess    114,006  48.03%

Stanart    116,383  49.98%
Trautman   116,488  50.02%

Sanchez    125,682  53.01%
Osborne    112,399  46.99%

Cowart     116,611  49.29%
Cantu      119,973  50.71%

State R avg         50.38%
State D avg         49.62%

Appeal R avg        51.63%
Appeal D avg        48.37%

County R avg        51.54%
County D avg        48.46%

The three categories at the end are the respective percentages for the state judicial races, the 1st and 14th Court of Appeals races, and the district court race, averaged over all of the candidates in each. I took third party and independent candidate vote totals into account in calculating the percentages, so they may not sum to 100. So just as Harris County is not purple but blue, so CD07 is not red but purple. Given the variance in how candidates did in this district, I have to think that while Democratic turnout helped reduce the previously existing partisan gap, the rest of the change is the result of people with a past Republican history deciding they just didn’t support the Republican in question. To the extent that that’s true, and as I have said before, I believe this brightens Lizzie Fletcher’s re-election prospects in 2020. She’s already done the hard work of convincing people she’s worth voting for, and the Republicans have helped by convincing people that they don’t deserve the benefit of the doubt. Obviously, lots of things can affect that, ranging from Fletcher’s performance over the next two years to the person the Rs nominate to oppose her to the Trump factor and more. Demography will still be working in the Dems’ favor, and Dems have built a pretty good turnout machine here. Expect this to be another top race in 2020, so be prepared to keep your DVR remote handy so you can zap the endless commercials that will be running.


CD02

Candidate    Votes     Pct
==========================
Crenshaw   139,012  52.87%
Litton     119,708  45.52%

Cruz       132,390  50.22%
O'Rourke   129,160  49.00%

Abbott     146,399  55.66%
Valdez     112,272  42.69%

Patrick    134,530  51.22%
Collier    123,364  46.97%

Paxton     131,374  50.11%
Nelson     125,193  47.76%

Hegar      141,744  54.34%
Chevalier  111,763  42.85%

Bush       139,352  53.33%
Suazo      114,931  43.99%

Miller     133,022  51.04%
Olson      122,897  47.15%

Craddick   142,254  54.61%
McAllen    112,407  43.15%

Emmett     150,630  59.24%
Hidalgo    103,625  40.76%

Daniel     141,260  54.80%
Burgess    116,519  45.20%

Stanart    135,427  53.70%
Trautman   116,744  46.30%

Sanchez    143,554  55.60%
Osborne    114,652  44.40%

Cowart     136,367  53.07%
Cantu      120,574  46.93%

State R avg         53.82%
State D avg         46.18%

Appeal R avg        54.30%
Appeal D avg        45.70%

County R avg        54.60%
County D avg        45.40%

CD02 was still just a little too Republican for Dems to overcome, though it’s closer to parity now than CD07 was in 2016. Dan Crenshaw proved to be a strong nominee for the Rs as well, running in the upper half of GOP candidates in the district. Given these numbers, Kathaleen Wall would probably have won as well, but it would have been closer, and I don’t know how confident anyone would feel about her re-election chances. As with CD07, there’s evidence that the Republican base may have eroded in addition to the Dem baseline rising. I feel pretty confident that as soon as someone puts together a list of Top Democratic Targets For 2020, this district will be on it (one of several from Texas, if they’re doing it right). I don’t expect Crenshaw to be outraised this time, however. Did I mention that you’re going to need to keep your remote handy in the fall of 2020? We wanted to be a swing state, we have to take the bad with the good.

For a bit of perspective on how these districts have changed:


CD07

Candidate    Votes     Pct
==========================
Culb 16    143,542  56.17%
Cargas 16  111,991  43.83%

Trump 16   121,204  46.80%
Clinton 16 124,722  48.20%

State R 16 avg      55.35%
State D 16 avg      43.05%

Culb 14     90,606  63.26%
Cargas 14   49,478  34.55%

Abbott 14   87,098  60.10%
Davis 14    61,387  38.30%

State R 14 avg      64.38%
State D 14 avg      33.58%

Culb 12    142,793  60.81%
Cargas 12   85,553  36.43%

Romney 12  143,631  59.90%
Obama 12    92,499  38.60%

State R 12 avg      59.78%
State D 12 avg      36.98%


CD02

Candidate    Votes     Pct
==========================
Poe 16     168,692  60.63%
Bryan 16   100,231  36.02%

Trump 16   145,530  52.00%
Clinton 16 119,659  42.80%

State R 16 avg      57.26%
State D 16 avg      37.59%

Poe 14     101,936  67.95%
Letsos 14   44,462  29.64%

Abbott 14   94,622  62.70% 
Davis  14   53,836  35.70%

State R 14 avg      65.57%
State D 14 avg      32.26%

Poe 12     159,664  64.82%
Doherty 12  80,512  32.68%

It really is staggering how much has changed since the beginning of the decade. There’s nothing in these numbers that would make you think either of these districts was particularly competitive, let alone winnable. The CD07 numbers from 2016 might make you put it on a second- or third-tier list of pickup opportunities, in range if everything goes well. Dems have registered a lot of new voters, and the turnout effort this year was great, but I have to assume that this is the Trump factor at work, degrading Republican performance. Of all the variables going into 2020, I start with the belief that this is the biggest one. I don’t think there’s any real room to win these voters back for the Republicans, though individual candidates may still have appeal. The question is whether there are more for them to lose or if they’ve basically hit bottom. Not a question I’d want to face if I were them.

Precinct analysis: Beto does Harris County

He won pretty much everywhere you looked. So let’s look at the numbers:


Dist     Cruz     Beto   Dike   Cruz%   Beto%  Trump%  Clint%
=============================================================
CD02  132,390  129,160  2,047  50.22%  49.00%  52.38%  43.05%
CD07  112,078  129,781  1,843  45.99%  53.25%  47.11%  48.47%
CD08   17,552   11,299    219  60.38%  38.87%  
CD09   22,625   96,747    705  18.84%  80.57%  17.56%  79.70%
CD10   70,435   43,559    849  61.33%  37.93%  63.61%  32.36%
CD18   37,567  145,752  1,314  20.35%  78.94%  19.95%  76.46%
CD22   15,099   16,379    255  47.58%  51.62%
CD29   29,988   86,918    673  25.50%  73.92%  25.46%  71.09%
CD36   60,441   38,985    734  60.34%  38.92%
					
SBOE6 278,443  299,800  4,608  47.77%  51.44%  48.92%  46.59%
					
HD126  28,683   26,642    385  51.49%  47.82%  52.96%  42.99%
HD127  40,910   27,332    491  59.52%  39.77%  61.23%  34.90%
HD128  34,892   17,040    330  66.76%  32.60%  68.17%  28.75%
HD129  35,233   29,467    547  54.00%  45.16%  55.33%  40.06%
HD130  50,631   25,486    581  66.01%  33.23%  68.08%  27.94%
HD131   5,921   35,793    214  14.12%  85.37%  13.33%  84.31%
HD132  32,045   34,388    467  47.90%  51.40%  50.04%  45.68%
HD133  39,175   32,412    578  54.29%  44.91%  54.54%  41.11%
HD134  35,387   54,687    686  38.99%  60.25%  39.58%  55.12%
HD135  26,108   29,740    438  46.38%  52.84%  48.91%  46.80%
HD137   6,996   17,188    184  28.71%  70.54%  28.95%  66.96%
HD138  22,682   25,748    404  46.45%  52.73%  47.80%  47.83%
HD139  10,245   36,770    283  21.66%  77.74%  20.60%  76.12%
HD140   5,181   18,305    123  21.95%  77.53%  21.89%  75.07%
HD141   3,976   27,231    170  12.67%  86.79%  12.58%  85.20%
HD142   8,410   31,178    225  21.12%  78.31%  20.97%  76.20%
HD143   7,482   21,146    164  25.99%  73.44%  26.02%  71.03%
HD144   8,895   14,406    162  37.91%  61.40%  38.41%  57.72%
HD145	9,376   23,500    255  28.30%  70.93%  28.73%  66.91%
HD146	7,817   35,558    301  17.90%  81.41%  17.31%  79.44%
HD147	9,359   45,894    355  16.83%  82.53%  16.76%  79.00%
HD148  14,536   33,378    531  30.01%  68.90%  30.49%  63.83%
HD149  13,603   25,179    252  34.85%  64.51%  32.51%  64.25%
HD150  40,632   30,112    513  57.02%  42.26%  59.18%  36.62%
					
CC1    59,092  230,334  1,851  20.29%  79.08%  19.74%  76.83%
CC2   105,548  122,309  1,617  46.00%  53.30%  46.79%  49.48%
CC3   159,957  173,028  2,501  47.68%  51.58%  48.22%  47.63%
CC4   173,578  172,909  2,670  49.71%  49.52%  51.22%  44.42%

I threw in the Trump/Clinton percentages from 2016 for extra context. Note that for the Congressional districts, the numbers in question are only for the Harris County portion of the district. I apparently didn’t bother with all of the CDs in 2016, so I’ve only got some of those numbers. Anyway, a few thoughts:

– It finally occurred to me in looking at these numbers why the Trump/Clinton percentages from 2016 might be a decent predictor of 2018 performance, at least in some races. Trump’s numbers were deflated relative to other Republicans in part because of the other available candidates, from Gary Johnson to Evan McMullin and even Jill Stein. In 2018, with a similarly objectionable Republican and a much-better-liked Democrat, the vast majority of those votes would stick with the Dem instead of reverting back to the R. That, plus a bit more, is what happened in this race. We won’t see that in every race, and where we do see it we won’t necessarily see as much of it, but it’s a pattern that exists in several contests.

– Okay, fine, Beto didn’t quite win everything. He did come close in CD02, and he came really close in Commissioners Court Precinct 4, the most Republican precinct in the county. Steve Radack may be hearing some footsteps behind him in Precinct 3 for 2020. I’ll talk more about CD02 in another post.

– How about SBOE district 6, the one political entity subject to redistricting that I inhabit where the incumbent is a Republican? Trump made it look swingy in 2016, but the other Republican statewides were carrying it by 13-15 points. Mitt Romney won it by 21 points in 2012, and Greg Abbott carried it by 23 points in 2014. There aren’t that many opportunities for Dems to play offense in Harris County in 2020, but this is one of them.

– Beto was the top performer in 2018, so his numbers are the best from a Democratic perspective. As with the Trump/Clinton numbers in 2016, that means that I will be a bit of a killjoy and warn about taking these numbers as the harbinger of things to come in two years. There’s a range of possibility, as you will see, and of course all of that is before we take into account the political environment and the quality of the candidates in whatever race you’re now greedily eyeing.

– But that doesn’t mean we can’t speculate a little. Clearly, HD138 is the top target in 2020, with HD126 a bit behind. Farther out, but honestly not that far off of where HDs 132, 135, and 138 were in 2016, are HDs 129 and 133, with HD150 another step back from them. (I consider HD134 to be a unicorn, with Sarah Davis the favorite to win regardless of outside conditions.) The latter three are all unlikely, but after this year, would anyone say they’re impossible? Again, lots of things can and will happen between now and then, but there’s no harm in doing a little window shopping now.

More to come in the next couple of weeks.

The Fort Bend blue wave

Let’s not forget that what happened in Harris County happened in Fort Bend, too.

KP George

Across the state, the “blue wave” that had long been a dream of the Democratic Party faithful failed to materialize in Tuesday’s midterm elections, with Republicans sweeping every statewide office for the 20th consecutive year, albeit by closer-than-expected margins.

But in Fort Bend County — the rapidly growing suburb southwest of Houston often heralded as a beacon of diversity — Democrats had their best election day since the political power base in Texas shifted from Democrat to Republican decades ago.

Political analysts attributed the near sweep in part to the county’s growing diversity, which also was reflected in the backgrounds of some of the winners: Middleton, who defeated Republican Cliff Vacek, is African-American, and Democrat KP George, who unseated longtime County Judge Robert Hebert, was born in India.

[…]

In Fort Bend County elections Tuesday, Democrats ousted Republican incumbents for county judge, Precinct 4 commissioner and district clerk. Middleton won the open district attorney race, and all 22 Democrats who ran for judicial positions — state district courts, appeals courts and county courts-at-law — prevailed; the lone Republican victor was opposed only by a Libertarian candidate.

Fort Bend County voters favored Democrats over Republicans for every statewide office on the ballot except governor. And even in that race, Gov. Greg Abbott, who won 56 percent of the statewide vote over challenger Lupe Valdez, managed only a slim plurality in Fort Bend County, besting Valdez by a mere 720 votes out of more than 250,000 cast.

Only in legislative campaigns did the Democrats fall short. Sri Kulkarni, who failed in his bid to unseat Republican U.S. Rep. Pete Olson in the multi-county 22nd Congressional District, lost in his district’s portion of Fort Bend County by 5 percentage points, roughly the same as the district-wide margin. Republican state Reps. Rick Miller and John Zerwas defeated Democratic challengers.

I agree that Fort Bend’s diversity played a big role in the result, but Fort Bend has been very diverse for years now. Democrats have come close before – Barack Obama got 48.50% in Fort Bend in 2008 – but they were never quite able to break through. This was the year it all came together, and I’d say it was a combination of demography, voter registration, Betomania, and the same disgust with Donald Trump from college-educated voters as we saw in Harris County and pretty much everywhere else. None of this really a surprise – we saw what was happening in Commissioners Court Precinct 4 in 2016 – but it still feels a bit unreal that it actually happened. The suburbs have long been the locus of Republican strength in Texas. That’s not true any more, and I think it’s going to take us all a little time to fully absorb that. In the meantime, I know some very happy people in Fort Bend right now. KUHF has more.

How Lizzie Fletcher won

I have three things to say about this.

Lizzie Fletcher

Now, having flipped a seat controlled for the last 52 years by Republicans, [Rep.-elect Lizzie] Fletcher heads to Washington with a target on her back, but also a desire to legislate with the same moderate approach she used to build her campaign.

“Whether people voted for me or not in this election, I hope they will watch what I do as their member of Congress,” Fletcher said. “I hope to earn their vote in 2020, because my job is to represent everyone. My office doors will be open to everyone.”

If Republicans are searching for a roadmap to unseat Fletcher, they might turn to Rep. Will Hurd, a Republican from Helotes who represents a perennial swing district running from San Antonio to El Paso.

In 2016 and again this year, Hurd — who appeared likely to win a third term with several hundred ballots outstanding Friday — rebuked Trump on high-profile issues and presented himself as a moderate, a strategy that also played well for Fletcher in the mostly suburban 7th Congressional District.

Culberson at times referenced his work across the aisle, but did not run as a moderate or publicly oppose Trump to the same degree as Hurd.

[…]

A key moment in Culberson’s loss came months before Election Day, when Fletcher won her primary runoff against activist Laura Moser. Running as the more progressive candidate, Moser indicated she would not moderate her message to attract Republicans turned off by Trump.

The primary in effect became a referendum on whether Democrats should oppose Culberson by whipping up the dormant part of their base or, by nominating Fletcher, pull in centrists and ex-Republicans.

Tuesday’s election results proved they could do both: In beating Culberson with more than 52 percent of the vote, Fletcher’s winning coalition included right-leaning moderates, but also hardline progressives who turned out in droves to support Democrat Beto O’Rourke’s turnout-driven Senate campaign.

“A moderate Democrat can win a swing district in the right circumstances, but two factors have to be at play,” Rottinghaus said. “No. 1, it has to be clear that the candidate is truly a moderate and … willing to work in a bipartisan fashion. But none of that works if Democrats don’t turn out. If you don’t have a Beto O’Rourke at the top of the ticket with clear progressive ideas to activate the more liberal-leaning voters, you won’t even have a chance.”

[…]

Fletcher’s moderate approach appeared most effective in harnessing anti-Trump energy among white, educated suburban women, a group that swung toward Democrats nationwide. Culberson, who declined to comment for this story, lost the most ground from 2016 in the same areas where he outperformed Trump by the widest margins that year, suggesting that Fletcher picked up voters who split their ticket between Hillary Clinton and Culberson.

The handful of precincts where Culberson performed worst relative to 2016 were clustered within about a mile of the affluent and highly educated Bellaire and West University Place suburbs, according to unofficial results. Culberson won 55 percent of the vote in those precincts two years ago, but only 42 percent this year, in line with Trump’s 43 vote share there.

“That was definitely a part of our strategy, because I knew I had to win those people – people who voted for Culberson and Clinton in 2016,” Fletcher said. “My goal was to really talk about my background here and my view of our Houston values, what I think we do here so well … and I think that really resonated with a lot of people.”

Fletcher’s campaign also targeted densely populated, deep-blue areas where Democrats are prone to staying home for midterms. She concentrated on suburbs north of Addicks Reservoir, including a pair of precincts near FM 529 that voted by more than 70 percent for Clinton. One of those precincts ultimately went 77 percent to Fletcher and produced by far her highest vote total of any precinct districtwide.

Meanwhile, Culberson’s most problematic precincts relative to 2016 also fell inside House District 134, where Republican state Rep. Sarah Davis staved off Harris County’s blue wave to win re-election by almost seven points.

The unique pocket of District 7 that overlaps with Davis’ district was all but built for candidates seeking crossover support in either direction. Fletcher and Davis both won more than 50 percent of the vote in 21 of the 36 precincts that cover their two districts. In 10 of those precincts, both candidates received more than 55 percent of the vote, indicating ticket-splitting was a common practice.

Though Fletcher found success in particular areas, the district-wide results suggest Culberson was in trouble from the start. He received a smaller share of the vote relative to 2016 in every precinct, indicative of the strong headwinds he faced from Trump and O’Rourke.

1. I feel like all things being equal, Fletcher will have a pretty decent shot at getting re-elected. In 2016, Hillary Clinton carried CD07, but it was still pretty red district downballot. Culberson won by 12, the judicial average was around that same level for the Dems, and even Kim Ogg, who came close to Clinton’s performance overall, didn’t crack 47% in the district. This year, there was a noticeable shift. Beto, Mike Collier, Justin Nelson, Kim Olson, Diane Trautman, and Richard Cantu all carried CD07. Republicans still had the advantage in judicial races, but it was by about three points on average for the district courts. Obviously all kinds of things can happen that would affect the national environment, and who the Republicans find to challenge her will matter, but given the trends in the county and now in this district, I’d say Fletcher starts out as the favorite.

2. Part of the reason for my optimism is that I think CD07 is the kind of district that will tend to look favorably on a middle-of-the-road workhorse who will get stuff done, stay in touch with the district, and not do anything stupid. Culberson actually kind of was that guy for awhile, and you do have to wonder how this race might have gone if Culberson was at least a rhetorical opponent of Trump’s, as Hurd is. (Never mind the voting records, talking a good game gets you a long way.) Does that mean I think Laura Moser couldn’t have won? No, I think she had a path to victory as well, and would have been helped by the Beto wave and relentless activism in the district as Fletcher was. But she might have presented a better target for the Republicans in 2020. You can play out the thought experiment however you like, this is just my view of it.

3. Fletcher was cast as the “moderate centrist” in the primary runoff and in the November race, but that’s largely for preferring fixes to Obamacare to Medicare for all. She also got a lot of TV advertising in her favor from the Gabby Giffords gun control PAC. Think back to 2008, the last time CD07 was competitive, when Michael Skelly picked a fight with MoveOn.org and Nick Lampson, trying to hold onto CD22, ran on a platform of balancing the budget and opposing the estate tax. The times, they do change.

Initial thoughts: Congress

I’ll be honest: I never felt particularly confident about winning CD07 or CD32. Not because Lizzie Fletcher and Colin Allred weren’t excellent candidates, or anything to do with the trends of the national environment or what have you. I just didn’t quite have as much faith in the fact that Hillary Clinton carried those districts as others. Down below the surface, these were still Republican-leaning districts, on the order of 12 points or so. Winning meant a massive advantage in turnout, convincing a lot of people who had been regularly voting Republican through 2016 to cross over, or both. I’ll know more when I see the Dallas County precinct data, but from what I’ve seen in CD07, it’s still a Republican district at its heart, but much less so than before, with multiple candidates capable of carrying it. If this is a lasting effect, then the news really is that bad for Republicans, in that Dems were finding new voters outside of the newly-registered folks.

On the flip side, if you had told me in January that we’d win CDs 07 and 32 but lose 23, I’d have bet you real money that you’d be wrong. Again, I’ll want to see precinct data, but either Will Hurd has managed to gain a significant amount of Democratic support, or this district is more Republican than it gets credit for. This should always be a winnable district for Dems, but we need to figure this out. Is Will Hurd this strong? Was Gina Ortiz Jones not as good a candidate as we thought? Is this district changing in ways that run counter to what we’ve seen elsewhere in the state? Maybe that loss in the SD19 special election runoff isn’t quite as shocking now. Let’s try to get an understanding of what happened so we can make a better effort in both of those districts in 2020.

Here are the districts that Dems lost by fewer than ten points:


Dist     Rep%    Dem%   Diff
============================
CD23   49.22%  48.67%  0.55%
CD21   50.34%  47.52%  2.82%
CD31   50.63%  47.63%  3.00%
CD24   50.67%  47.47%  3.20%
CD10   50.90%  46.93%  3.97%
CD22   51.39%  46.41%  4.98%
CD02   52.87%  45.52%  7.25%
CD06   53.13%  45.40%  7.73%
CD25   53.61%  44.69%  8.92%

Right in the upper half is CD24, the One Of These Things That Is Not Like The Others. Based on past electoral performance, CD24 was viewed more optimistically by The Crosstab, but Democratic nominee Jan McDowell, who had also run in 2016, never raised that much money and was never on anyone’s radar. Yet McDowell carried the Dallas County and Denton County parts of the district, though she got wiped out in Tarrant County. I have to wonder what a candidate with more resources might have done. I will note that CD24 is like some of these other districts in that it has a high percentage of college graduates, a demographic that we know turned strongly against the Republican Party this year. All I know is that this district needs to be a priority in 2020. The same is true for CD10, which got a boost from the insane turnout in Travis County as well as the overall shift in Harris.

Overall, Dems had the strongest and best-funded class of candidates we’ve ever seen, and the surge in Democratic turnout statewide showed the risks of the Republican Congressional gerrymander, with nine seats coming close to flipping in addition to the two that did. It is entirely plausible that in 2020 Dems can not only hold the two they gained, but also pick up one or more others. That’s going to be contingent on a number of things, including another strong group that is capable of raising money. There’s no reason we can’t get these things – we have shown that there’s plenty of grassroots-level funding available – it’s basically up to us to do it.

Initial thoughts: The Lege

Live by the gerrymander, die by the gerrymander.

At the end of the 2011 legislative session, state Rep. Rafael Anchia, a Dallas Democrat, sat down to dinner with a Republican colleague from the Texas House. Anchia was exhausted and incensed.

It had been a brutal six months for House Democrats, who were down to 48 seats in the 150-seat chamber. After riding a red wave in the 2010 election, Republicans used their new House supermajority to redraw Texas’ political maps following the once-a-decade census in a way that would help them hold onto their gains. They all but assured GOP control of the House for the next decade and secured almost 60 percent of the seats in Dallas County, even though the county was already reliably blue.

Anchia recalled telling the Republican colleague, who he declined to name, that Dallas Democrats were “getting screwed.” But the colleague offered a puzzling piece of solace: “There’s not going to be one [Dallas] Republican left by the end of this decade.”

Seven years later, that political forecast almost became reality. Amid their zeal for control, Republicans in 2011 opted for keeping their numbers up in the county and dismissed the possibility of creating a district with a black and Hispanic majority that could’ve made their seats safer in a Democratic wave election. Going into Election Day, Republicans held seven of the 14 House seats in Dallas County. But a collapse of the Republican-leaning redistricting scheme has left them with just two seats — and even those were won by narrow margins.

“The lesson is you can get too clever in gerrymandering,” said Michael Li, a redistricting expert with the Brennan Center for Justice at New York University.

[…]

As far as Democrats and redistricting experts are concerned, Republicans could have opted to create a new “opportunity district” for the county’s growing population of color. That would’ve reduced the number of voters of color in Republican districts, giving the GOP more of a cushion through the decade, but it would have also likely added another seat to the Democrats’ column.

Opting instead for more power, the Democrats alleged, the Republicans packed and cracked Latino voters across the county to diminish their voting strength overall and ensure a GOP majority.

But Republicans “shaved those things off a little too close because they got greedy,” said Jose Garza, a voting rights lawyer who helped challenge the GOP’s mapmaking. And in a wave election like this, the vulnerable Republican majority loses its edge, he added.

Here’s my precinct analysis from 2016 for Dallas County. I had some thoughts about how this year might go based on what happened in 2016, so let me quote myself from that second post:

“So the best case for the Republicans is a clear win in six districts, with two tossups. Democrats can reasonably hope to have an advantage in eight districts, and in a really good year could mount a decent challenge in 11. These are Presidential year conditions, of course, though as we’ve discussed several times, there’s every reason to believe that 2018 will not be like 2010 or 2014. It still could be bad – Dems will definitely have to protect HD107 – but if the off-year cycle has been broken, there are a lot of opportunities in Dallas to make gains.”

In actuality, Dems won twelve of fourteen races, with a recount possible in one of the two losses. Clearly, I did not see that coming. The supercharged performance in Dallas County overall contributed not only to these results, but also the wins in SD16 and CD32. If this is the new normal in Dallas County, Republicans are going to have some very hard choices to make in 2021 when it’s time to redraw the lines.

And by the way, this lesson about not being too greedy is one they should have learned in the last decade. In 2001, they drew the six legislative districts in Travis County to be three Ds and three Rs. By 2008, all six districts were in Democratic hands. The Republicans won HD47 back in the 2010 wave, and the map they drew this time around left it at 5-1 for the Dems. Of course, they lost HD47 last week too, so maybe the lesson is that the big urban areas are just unrelentingly hostile to them. Not a very useful lesson, I suppose, but not my problem.

Anyway. Here were the top legislative targets for 2018 that I identified last cycle. Let’s do an update on that:


Dist  Clinton% Burns%  Dem18%  Rep18%
=====================================
105     52.1%   49.0%   54.7%   45.3%
113     49.1%   46.4%   53.5%   46.5%
115     51.5%   45.8%   56.7%   43.3%
134     54.7%   45.4%   46.8%   53.2%
102     52.3%   45.3%   52.8%   47.2%
043     43.6%   44.3%   38.9%   61.1%
112     48.3%   43.9%   48.9%   51.1%
135     46.6%   43.7%   50.8%   47.7%
138     47.6%   43.6%   49.9%   50.1%
114     52.1%   43.3%   55.6%   44.4%
132     45.5%   42.7%   49.2%   49.1%
136     46.7%   42.7%   53.3%   43.8%
065     46.1%   42.4%   51.1%   48.9%
052     45.3%   42.2%   51.7%   48.3%
054     43.6%   42.0%   46.2%   53.8%
045     44.2%   41.7%   51.6%   48.4%
026     45.5%   41.0%   47.5%   52.5%
047     46.5%   40.5%   52.3%   47.7%
126     42.7%   39.8%   45.2%   54.8%
108     50.3%   39.6%   49.7%   50.3%
066     45.5%   39.5%   49.7%   50.3%
067     43.9%   38.9%   48.9%   51.1%
097     42.1%   38.5%   47.2%   50.9%
121     42.7%   38.0%   44.7%   53.2%

“Clinton%” is the share of the vote Hillary Clinton got in the district in 2016, while “Burns%” is the same for Court of Criminal Appeals candidate Robert Burns. I used the latter as my proxy for the partisan ratio in a district, as Clinton had picked up crossover votes and thus in my mind made things look better for Dems than perhaps they really were. As you can see from the “Dem18% and “Rep18%” values, which are the percentages the State Rep candidates got this year, I was overly pessimistic. I figured the potential was there for growth, and hoped that people who avoided Trump could be persuaded, but I did not expect this much success. Obviously Beto was a factor as well, but it’s not like Republicans didn’t vote. They just had nowhere near the cushion they were accustomed to having, and it showed in the results.

All 12 pickups came from this group, and there remain a few key opportunities for 2020, starting with HDs 138, 54, 26, 66, and 67. I’d remove HD43, which is moving in the wrong direction, and HD134 continues to be in a class by itself, but there are other places to look. What’s more, we can consider a few districts that weren’t on the radar this year to be in play for 2020:


Dist  Clinton% Burns%  Dem18%  Rep18%
=====================================
014     38.1%   34.7%   43.6%   56.4%
023     40.7%   40.5%   41.1%   56.8%
028     42.7%   38.9%   45.8%   54.2%
029     41.0%   38.9%   
032     41.9%   39.5%
064     39.5%   37.4%   44.5%   52.8%
070     32.2%   28.8%   38.2%   61.8%
084     34.8%   32.1%   39.8%   60.2%
085     40.9%   39.7%   43.5%   46.5%
089     35.4%   32.1%   40.4%   59.6%
092     40.2%   37.9%   47.4%   49.8%
093     40.0%   37.5%   46.1%   53.9%
094     40.5%   37.7%   43.9%   52.5%
096     42.3%   40.6%   47.2%   50.9%
129     39.8%   36.3%   41.8%   56.5%
150     36.3%   33.5%   42.2%   57.8%

Dems did not field a candidate in HD32 (Nueces County), and while we had a candidate run and win in the primary in HD29 (Brazoria County), he must have withdrawn because there’s no Dem listed on the SOS results page. Obviously, some of these are reaches, but given how much some of the districts above shifted in a Dem direction, I’d want to see it be a priority to get good candidates in all of them, and find the funds to help them run robust campaigns.

Two other points to note. One is that the number of LGBTQ members of the House went from two (Reps. Mary Gonzalez and Celia Israel) to five in this election, as Reps-elect Erin Zwiener, Jessica Gonzalez, and Julie Johnson join them. We just missed adding one to the Senate as Mark Phariss lost by two points to Angela Paxton. Other LGBTQ candidates won other races around the state, and that list at the bottom of the article omits at least one I know of, my friend and former blogging colleague KT Musselman in Williamson County.

And on a related note, the number of Anglo Democrats, a subject that gets discussed from time to time, has more than tripled, going from six to seventeen. We began with Sens. Kirk Watson and John Whitmire, and Reps. Donna Howard, Joe Pickett, Tracy King, and Chris Turner, and to them we add Sens-elect Beverly Powell and Nathan Johnson, and Reps-elect Erin Zwiener, Vikki Goodwin, James Talarico, Michelle Beckley, John Turner, Julie Johnson, Gina Calanni, Jon Rosenthal, and John Bucy. You can make of that what you want, I’m just noting it for the record.

UPDATE: As noted in the comments, added Rep. Tracy King to the list of Anglo Dems.

The CD23 race isn’t quite over yet

I believe it is highly unlikely that the outcome in CD23 will change from the current close win for Rep. Will Hurd, but we are not done counting the votes just yet.

Gina Ortiz Jones

The Texas congressional race between incumbent Republican Will Hurd and Democratic challenger Gina Ortiz Jones is still too close to call following a dramatic overnight in which Ortiz Jones pulled ahead, Hurd pulled back on top, and news outlets across the nation retracted their projections.

On Wednesday morning in Congressional District 23, the state’s only consistent battleground district, Hurd was leading Ortiz Jones by 689 votes, with all precincts counted.

“This election is not over—every vote matters,” said Noelle Rosellini, a spokesperson for Ortiz Jones. “We won’t stop working until every provisional ballot, absentee ballot, and military or overseas ballot has been counted.”

She did not mention the possibility of a recount, although Ortiz Jones’ campaign is well within the margin to do so in Texas. (According to state law, the difference in votes between the top two finishers must be less than 10 percent of the winner’s total votes — in this case, about 10,000.)

But that did not keep Hurd from declaring victory. “I’m proud to have won another tough reelection in the 23rd Congressional District of Texas,” he said in a statement on Wednesday morning, noting that he would be the only Texas Republican to keep his seat in a district carried by Hillary Clinton in 2016.

[…]

Many news outlets, including The Texas Tribune, called the race for Hurd late on Tuesday evening, with Hurd declaring victory on Twitter and in person to his supporters at a watch party in San Antonio as Ortiz Jones conceded defeat across town.

“While it didn’t shake out the way we would want, we ran a campaign that we are proud of and that really reflected Texas values,” Ortiz Jones said at her campaign headquarters, according to the San Antonio News-Express. Her campaign did not immediately respond to requests for comment.

But as more vote totals kept coming in, she surpassed Hurd by a margin of fewer than 300 votes with all precincts reporting. Early on Wednesday morning, news organizations withdrew their call of the race and Hurd deleted a tweet saying he won.

But vote totals from the last of eight Medina County precincts were inputted incorrectly — they had left out about 4000 votes when first entering totals. The fixed results put Hurd just over Ortiz Jones by a margin of fewer than 700 votes.

See here for some background. The current tally has Hurd up by 1,150 votes now, out of 209,058 votes cast. Apparently, a second county erred in how they initially reported their results, in a way that had inflated Ortiz Jones’ total. Late-arriving mail and provisional ballots still need to be counted, though usually there are not that many of them. I’d like to see a more thorough review of what exactly happened in Medina County, but beyond that I don’t think there’s much joy to be found here.

This race was a bit confounding well before any votes came in. The NYT/Siena College live polls had Hurd up by eight points in September and a whopping fifteen points in October. The NRCC pulled out around the time early voting started, presumably from a feeling of confidence in the race, then a lot of late money poured in, presumably in response to the off-the-charts turnout. I had faith this would be a close race, as it always is, but I had no idea what to make of all this.

In the end, the story of this race appears to come down to found counties. Compare the 2018 results to the 2016 results, in which Hurd defeated Pete Gallego in a rematch by about 3000 votes, and you see this:

– In Bexar County, Ortiz Jones improved on Gallego’s performance by 5000 votes, while Hurd received about 4500 votes less than he did in 2016. In theory, that should have been more than enough to win her the race.

– However, in El Paso, Maverick, and Val Verde counties, Hurd got nearly identical vote totals as he had in 2016, while Ortiz Jones underperformed Gallego by 3000, 2500, and 1200 votes, respectively. That was enough to put Hurd back into positive territory.

There was some float in the other counties, but these four told the main story. Both candidates had slightly lower vote totals than in 2016, and indeed Ortiz Jones got a larger share of the Gallego vote than 2018 Hurd did of 2016 Hurd. It just wasn’t quite enough.

Initial reactions: Statewide

I’m going to do a few of these “Initial reaction” posts about Tuesday’s elections as I try to make sense of all that happened. Here we go.

Let me start with a number. Two numbers, actually: 4,017,851 and 48.26%. The former is how many votes Beto O’Rourke has right now, and what his percentage of the vote was. That first number, which may still creep up a bit as there are a tiny number of precincts unreported as I write this, is the largest vote total any Texas Democrat has ever received. It’s more than 500K greater than Barack Obama in 2008, and it’s about 130K greater than Hillary Clinton in 2016. I had thought Clinton’s 3,877,868 votes were the absolute ceiling for any Dem this cycle, but I was wrong. Somehow, Beto O’Rourke built on what Hillary Clinton did in 2016. That is truly amazing.

Oh, and do note that Beto’s losing margin was 2.68 points, which was closer than all but four of the polls taken in this race – the one poll where he was tied, the one poll where he was leading, the one poll where he was trailing by one, and the one poll where he was trailing by two. It couldn’t have been easy for the pollsters to model this year’s electorate, but when they did they were generally more pessimistic about this race – though not necessarily about the state as a whole – than they should have been.

Now here are two other numbers to consider: 4,685,047 and 4,884,441. The former is what Donald Trump got in 2016, and the latter is what Supreme Court Justice Eva Guzman got that same year. Those are our targets for 2020, to truly make Texas a competitive electoral battleground. We know a lot of people with no previous electoral history voted this year, and I think it’s safe to say most of them voted for Beto. We need to figure out who the people are that did vote in 2016 but not in 2018, and make sure they vote in 2020. We also need to keep registering voters like crazy, and keep engaging the voters we got to come out this year. I know everyone is sad about Beto falling short – at this writing, he trails by 2.57 percentage points, which among other things means that the polls generally did underestimate him – but we need to stay focused and work to ensuring the level he achieved is a stepping stone and not a peak.

By how much did Beto outperform the Democratic baseline? First we have to decide what the baseline was. For the executive offices, the totals are bifurcated:


Valdez     3,520,868   Collier   3,833,069
Chevalier  3,545,626   Nelson    3,870,345
Suazo      3,540,153   Olson     3,794,683
McAllen    3,586,198

One might argue that Collier and Nelson and Olson might have done better if they’d had more money. Maybe, but there was a ton of money spent in the Senate race, and it’s not clear to me what the marginal effect of another million or two might have been. It’s hard for me to imagine any of them making it over the top if Beto wasn’t at least within automatic-recount distance of Cruz. The point here is that there was significant variation in these contests. That’s one reason why I usually default to the judicial races as my benchmark for partisan strength:


Kirkland   3,820,059
Sandill    3,765,102
Cheng      3,769,290
Jackson    3,707,483
Franklin   3,723,541

Much closer, as you can see. They lost by a range of 6.55 points (Kirkland) to 8.39 points (Franklin). In 2016, the closest any statewide Democratic judicial candidate got was Dori Garza’s 13.22 point loss. Based on the 2018 vote totals, I’d say the Democratic baseline is around 3.7 to 3.8 million. Compare the judicial race vote totals from this year to 2016:


Kirkland   3,820,059   Westergren  3,378,163
Sandill    3,765,102   Garza       3,608,634
Cheng      3,769,290   Robinson    3,445,959
Jackson    3,707,483   Meyers      3,496,205
Franklin   3,723,541   Johnson     3,511,950
                       Burns       3,558,844

That’s a nice step up, though do note that in 2016 all of the statewide judicial races also had a Libertarian candidate, and all but one also had a Green, while this year only Terri Jackson had company from a third party. Still and all, I think this shows that Beto wasn’t the only Dem to build on 2016. It also suggests that Beto got on the order of 300K crossover votes, while Collier and Nelson and Olson got 100K to 150K.

I don’t have any broad conclusions to draw just yet. We built on 2016. We still have room to grow – remember, as high as the turnout was this year, beating all off years as well as 2008 and 2012, turnout as a percentage of registered voters was still less than 53% – and with the right candidates we can attract some Republican voters. We should and we must make our goal be a competitive state for the Presidential race in 2020. I’ll look at the county by county canvass later, then of course do some precinct level reporting when the dust clears a bit. In the meantime, read Chris Hooks’ analysis for more.

Omnibus election report

It’s after midnight, I’ve mostly posted stuff on my long-dormant Twitter account (@kuff), and I will have many, many thoughts in the coming days. For now, a brief recap.

– As you know, neither Beto nor any other Dem won statewide, thus continuing the shutout that began in 1996. However, as of this writing and 6,998 of 7,939 precincts counted, O’Rourke had 3,824,780 votes, good for 47.86% of the total. In 2016, Hillary Clinton collected 3,877,868 votes. It seems very likely that by the time all is said and done, Beto O’Rourke will be the biggest vote-getter in history for a Texas Democrat. He will have built on Hillary Clinton’s total from 2016. That’s pretty goddamn amazing, and if you’re not truly impressed by it you’re not seeing the whole picture. We’re in a different state now.

– Beto may not have won, but boy howdy did he have coattails. Colin Allred won in CD32, and Lizzie Fletcher won in CD07. Will Hurd is hanging on to a shrinking lead in CD23, up by less than 1,200 votes with about 14% of the precincts yet to report. He was leading by 6,000 votes in early voting, and it may still be possible for Gina Ortiz Jones to catch him. Todd Litton (45.30% in CD02), Lorie Burch (44.21% in CD03), Jana Lynne Sanchez (45.25% in CD06), Mike Siegel (46.71% in CD10), Joseph Kopser (47.26% in CD21), Sri Kulkarni (46.38% in CD22), Jan McDowell (46.91% in CD24), Julie Oliver (44.43% in CD25), and MJ Hegar (47.54% in CD31) all came within ten points.

– Those coattails extended further down the ballot. Dems picked up two State Senate seats, as Beverly Powell defeated Konni Burton in SD10 (Wendy Davis’ old seat) and Nathan Johnson trounced Don Huffines in SD16. Rita Lucido was at 46.69% in SD17, but she wasn’t the next-closest competitor – Mark Phariss came within three points of defeating Angela Paxton in SD08, a race that wasn’t really on the radar. Oh, and in an even less-visible race Gwenn Burud scored 45.45% in SD09, while Meg Walsh got to 41.60% against Sen. Charles Schwertner in SD05 (he was just over 55% in that race). We could make things very, very interesting in 2022.

– And down in the State House, Dems have picked up 11 seats:

HD45, Erin Zwiener
HD47, Vikki Goodwin
HD52, James Talarico
HD65, Michelle Beckley
HD102, Ana-Marie Ramos
HD105, Terry Meza
HD113, Rhetta Bowers
HD114, John Turner
HD115, Julie Johnson
HD135, Jon Rosenthal
HD136, John Bucy

Note that of those seven wins, a total of four came from Denton, Hays, and Williamson Counties. The Dems have officially gained a foothold in the suburbs. They also lost some heartbreakingly close races in the House – I’ll save that for tomorrow – and now hold 12 of 14 seats in Dallas County after starting the decade with only six seats. This is the risk of doing too precise a gerrymander – the Republicans there had no room for error in a strong Democratic year.

– Here in Harris County, it was another sweep, as Dems won all the judicial races and in the end all the countywide races. Ed Emmett lost by a point after leading most of the evening, while the other Republicans lost by wide margins. Also late in the evening, Adrian Garcia squeaked ahead of Commissioner Jack Morman in Precinct 2, leading by a 112,356 to 111,226 score. Seems fitting that Morman would lose a close race in a wave year, as that was how he won in the first place. That means Dems now have a 3-2 majority on Commissioners Court. Did I say we now live in a different state? We now live in a very different county.

– With 999 of 1,013 precincts in, Harris County turnout was 1,194,379, with about 346K votes happening on Election Day. That puts turnout above what we had in 2008 (in terms of total votes, not percentage of registered voters) but a hair behind 2012. It also means that about 71% of the vote was cast early, a bit less than in 2016.

– Oh, and the Dems swept Fort Bend, too, winning District Attorney, County Judge, District Clerk, all contests judicial races, and County Commissioner in Precinct 4. Maybe someone can explain to me now why they didn’t run candidates for County Clerk and County Treasurer, but whatever.

– Possibly the biggest bloodbath of the night was in the Courts of Appeals, where the Dems won every single contested race in the 1st, 3rd, 4th, 5th, 13th, and 14th Courts. I count 16 incumbent Republican judges losing, with several more open Republican-held seats flipping. That is utterly amazing, and will have an impact far greater than we can imagine right now.

– Last but not least, both Houston propositions passed. Expect there to be a lawsuit over Prop B.

Today is election day

It’s what we’ve been waiting for, for what seems like forever. From the inbox:

Tuesday, November 6, 2018 is Election Day. Voting locations will be open from 7 am to 7 pm. Voters may visit www.HarrisVotes.com, the County Clerk’s election page, for more information.

“There are four important steps voters should take before heading to the polls,” advised Harris County Clerk Stan Stanart, the chief election officer of the County. “Go to HarrisVotes.com and look yourself up, study your personal ballot, see where your poll is located, and make sure you have one of the seven acceptable forms of Photo ID.”

At www.HarrisVotes.com, voters can find the answers to their voting questions. The website now provides voters an interactive Google map with directions to their Election Day polling location from the “Find Your Poll and Ballot” page.

“Please study your personal ballot,” urged Stanart. Voters may bring their marked up ballot into the voting booth to expedite the voting process and are strongly encouraged to review their selections before pressing the “cast ballot” button. Be sure you see the waving American Flag before exiting your voting booth. “If you have a question while voting, notify the election official in charge at the poll.”

There is still time to vote.” concluded Harris County Clerk Stanart. “Remember, on Election Day, a voter must vote at the polling location where their precinct is assigned to vote.”

The Election Day polling locations, a list of acceptable forms of identification to vote at the poll and information about “curbside voting” can be found at www.HarrisVotes.com. For more information, voters may also call the Harris County Clerk’s election information line at 713.755.6965.

Check the elections page for your own county if you’re not in Harris and you need to know where to go. Remember that if you’re in line by 7PM, you still get to vote. I will be at KTRK doing my thing and probably appearing on camera for thirty seconds at some random time. As for what happens today, well, your guess is as valid as anyone else’s. I’ll leave you with two thoughts. First, from Derek Ryan:


In case you’re wondering, turnout in 2008 was 8,077,795, in 2012 was 7,993,851, and in 2016 was 8,969,226. So, you know.

And also, because I didn’t see this in time to post it earlier:

Mayor Sylvester Turner will ask the city council next week to approve a $1.3 million contract with a law firm to represent the city in anticipation of possible litigation over Proposition B, a measure that would grant firefighters the same pay as police of corresponding rank and seniority.

The contract with Norton Rose Fulbright — which could be approved the day after Tuesday’s general election — would set aside $250,000 for the firm to handle litigation over real estate purchases in connection with infrastructure projects; the rest would be set aside for a court fight over pay “parity.”

[…]

The mayor’s office cast the decision as a simple act of preparing for the election.

“The city is seeking outside counsel to review and assess all options in case Proposition B should pass,” mayoral spokesman Alan Bernstein said. “It is a prudent course of action.”

I have believed all along that there would be litigation regardless of the outcome, so they may well need to assess their options in the seemingly unlikely event that Prop B fails. Something to look forward to after the election.

An under the radar pickup opportunity

It’s an open seat in the SBOE.

Suzanne Smith

Suzanne Smith says she has tried to run a nonpartisan campaign in her low-profile bid for a place on the State Board of Education. But she stands to benefit from the current contentious political climate that might have Texas Democrats running to the polls.

Since January 2017, Smith’s campaign has blown through over $200,000 – more than all other board candidates combined. With $26,000 left in the bank as early voting comes to an end, Smith could be the first Democrat seated in North Texas’ District 12 since it became an elected position in 1987.

Her race is one of five contested seats up for election this fall on the state board. The 15-member board sets policies and curriculum standards for the state, and experts are split on whether Smith, a Dallas-area business consultant, has a chance of flipping a district that has been in Republican hands for decades. Her win could strengthen the coalition between Democrats and centrist Republicans on the board, dragging it even more to the center — a big contrast from its history of political infighting among partisan factions that earned it national notoriety for decades.

[…]

“We went into this race trying to raise the profile, make it a competitive race, and we have made it a nonpartisan race,” said Smith. And she thinks it’s winnable: “Not because I’m a Democrat or a Republican. Because I’m the best candidate.”

Smith’s opponent, Pam Little, has the endorsement of outgoing board member Republican Geraldine “Tincy” Miller, and is relying on the district’s conservative constituency to turn out as usual. “My opponent has a much more liberal slant than I do,” said Little. “That’s not what our Collin County folks want.”

But the amount of donations Smith has received may be telling a different story. This year alone, she has raised over $85,000, largely through small individual donations. “It will likely be $120,000 before the end of the race,” said Smith, a number that may be a drop in the bucket for many campaigns, but is practically unheard of in state board races. Candidates usually don’t raise more than a few thousand dollars according to Dan Quinn, spokesperson for the left-leaning state board watchdog, the Texas Freedom Network.

“That’s remarkable for an SBOE candidate, especially a Democrat, in a general election,” said Quinn. “It strongly suggests that her campaign has generated considerable interest in a district that hasn’t been competitive in the past.”

The numbers from 2014 aren’t that eye-catching – incumbent Tincy Miller got 61.39%, challenger Lois Parrott got 35.24%. It’s a bit more encouraging when you look at the data from 2016, in which Trump beat Clinton 50.1% to 44.4%; going to my usual point of comparison in the Court of Criminal Appeals, it was Keasler 56.6%, Burns 39.1%. In a year like this where everything has gone off the charts, who knows what can happen. Smith’s fundraising is superb in the context of an SBOE race, which never get much attention, but do keep in mind that the 15 SBOE districts are all more than twice as big as the 36 Congressional districts. $200K isn’t nothing, but there’s only so much it can get you in a district with over 1.5 million people. Suzanne Smith’s website is here if you want to check her out; the district has a lot of overlap with CD03 in Collin County.

The trend in mail ballots

Wanted to take a closer look at the not-in-person aspect of early voting:


Year   Mailed  Returned  Return%    Dem %
=========================================
2008   76,187    68,612   90.06%   36.60%
2010   69,991    55,560   79.38%   30.82%
2012   92,290    76,085   82.44%   41.79%
2014   89,073    71,994   80.83%   48.94%
2016  123,999   101,594   81.93%   51.56%
2018  119,742    89,098*  74.41%*

“Mailed” is the number of mail ballots sent out, “Returned” is the number that were returned. This number is higher for the previous years than what I’ve been reporting in the daily EV posts because these numbers represent the final total, not what had arrived by the day in question. (The asterisk besides the 2018 numbers is to indicate that these are still in progress, and thus not directly comparable.) Remember, mail ballots that arrive between Friday and Tuesday also count. Going by past history, we can probably expect the total number of mail ballots to increase by three to five thousand, so the final percentage of ballots returned this year will be in the vicinity of 78%.

“Dem%” is a representative figure to illustrate how many mail voters were Democrats. For 2008 and 2012, that was the Presidential voters. For 2016, I went down to one of the Court of Criminal Appeals races, so as not to have this distorted by the crossover vote in the Presidential race that year. For 2010 and 2014, I used the Lt. Governor race. The HCDP began a program to get eligible Democratic voters to request and return mail ballots, and you can see the result as the Dem share of that vote increased. Sure, some of that was merely people shifting behavior, but some of it was new or less-likely voters participating. My expectation is that Dems will generally win the mail ballots this year. I don’t have any larger point to make, I just wanted to take a look at this for myself and see what there was.

Projecting Tuesday turnout

Here’s the statewide view.

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

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

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

The Courts of Appeals

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

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

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

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

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

[…]

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

[…]

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

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

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

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

[…]

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

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

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

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

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

Early voting, Day 12: Final curtain

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

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

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

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

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

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

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

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

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


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

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

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

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

Early voting, Day 11: Almost done

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

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

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

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


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

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

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

A broader look at the statewide judicial races

From the Trib:

Judge RK Sandill

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

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

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

Republicans, meanwhile, expect history to repeat itself.

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

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

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

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

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

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

Early voting, Day 10: Happy Halloween

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


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

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

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

Early voting, Day 9: Who are these people?

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

“The least-discussed vulnerable Republican on the ballot”

From Grits:

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

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

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


2014

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

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

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

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

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


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

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

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

Early voting, Day 8: On to Week 2

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


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

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

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

Day 7 early voting: Let the hot takes begin

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

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

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

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

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

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


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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

The eSlate issue

Everyone please take a deep breath.

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

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

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

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

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

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

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

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

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

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

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

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

Early voting Day 5: It’s been a long week (in a good way)

Did I mention it’s been busy?

Voters across the state have come out in massive numbers during the first five days of early voting, and soon, more Texans will have voted early in 2018 than in all of 2014’s early voting period, according to data from the secretary of state’s office.

The state’s five largest counties have all nearly doubled the turnout compared to the same point in 2014. By the time the polls closed Thursday, 13.2 percent of registered voters in Harris County, the state’s largest county, had voted, compared to 6.4 percent at the same time in 2014. That number comes close to the 16.4 percent voter turnout seen at the end of the fourth day of early voting in 2016, a presidential year.

The story is similar in Dallas County, which recorded a voter turnout of 16.9 percent at the end of Thursday, compared to 5.9 percent at the same point in 2014, and in Tarrant County, which recorded a voter turnout of 16 percent at the end of Thursday, compared to 7.3 percent at the same point in 2014.

In Travis County, where the Austin Fiesta Mart polling location is, Tax Assessor-Collector and Voter Registrar Bruce Elfant reported on Facebook that as of 4 p.m. Friday, 22 percent of registered voters had cast their vote. The number hovered around 7 percent at the same point back in 2014.

“After just five days of early voting, the 2018 voter turnout will likely have passed the entire Early Vote turnout for the 2010 and 2014 elections,” Elfant wrote.

Some counties — like El Paso, Williamson and Cameron — have already surpassed the overall voter turnout during the entire two-week early voting period in 2014. Overall, by the time the polls closed on Thursday, 16.3 percent of the 12.3 million registered voters in the 30 counties with the most registered voters had cast ballots.

“It’s pretty remarkable to double or triple voter turnout,” said Renée Cross, the associate director of the Hobby Center for Public Policy at the University of Houston.

[…]

Mark Jones, a fellow in political science at Rice University’s Baker Institute for Public Policy, said the long lines at polling places are “notable,” but he said that “almost any voter turnout should be above 2014.”

Jones also said it is too early to draw conclusions about whether strong early voting turnout will mean strong overall turnout. Early voting could be “cannibalizing Election Day turnout, ” he said.

“More and more people are voting early,” said Jones, who estimates that between 60 and 75 percent of registered voters will cast their vote before Election Day. “People have gotten used to it, and campaigns have been encouraging it.”

He noted that a greater proportion of voters this year will be under the age of 35.

“Beto O’Rourke has spent quite a bit of money and time targeting millennials and post-millennials with the correct belief that they support him more than any other age group,” Jones said.

I agree that some of the frenzied activity is people shifting behavior, but it’s quite a bit more than that. We’re on pace in Harris County to blow past not just the early voting totals from past years, but the final totals as well. Close to one million just in early voting remains on the table. Say it with me now: We’ve never seen anything like this before.

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


Year    Mail    Early    Total
==============================
2010  29,702  134,488  164,190
2014  54,300  104,099  158,399
2018  65,232  315,034  380,266

2008  40,059  220,046  260,105
2012  53,131  260,274  313,405
2016  77,445  374,679  452,124

As I expected, after the slight dip on Thursday, in person voting ticked up and was, by about 900 votes, the busiest in person day so far. We have now officially exceeded the entire final early vote total from 2014, and we have seven days of early voting to go. We haven’t even gotten to the really heavy days yet.

Day 4 early voting: A brief look around the state

The Trib has it all organized for you.

As of day three of early voting, 1,344,741 Texans have cast in-person ballots and 240,601 cast mail-in ballots in the 30 counties where most registered voters in the state — 78 percent — live. That preliminary turnout equals 79 percent of the total votes cast in those counties during the entire two-week early voting period in the last midterm election in 2014. So far this year, 12.9 percent of the 12.3 million registered voters in those 30 counties have voted.

Each day, as more data comes in, the graphs below will be updated to show cumulative in-person and mail-in ballot turnout in these counties. The data is preliminary. Texas is widely expected to surpass its 2014 voter turnout, and more than half of all those who do vote are expected to cast their ballots early. Some have speculated turnout this year could approach that of the past two presidential elections. Early voting for the 2018 midterms in Texas started Oct. 22 and runs through Nov. 2.

There’s graphs and charts to show you not just where we are now, but also where we were at the same time in 2016, 2014, and 2012. Suffice it to say we’re blowing 2014 out of the water – counties like Dallas, El Paso, and Travis are not just beyond their 2014 numbers, they’re up by two to three times as much as in 2014. That’s quite encouraging. Of course, turnout is up everywhere, including in heavily Republican counties. We’ll need to see some analysis of who has voted to start to make inferences. The person who has become the go-to for this sort of thing is Republican consultant Derek Ryan, who posts daily breakdowns on Twitter; I referred to his data a couple of times during the primary. You can see that (for example) more people with a Republican primary history have voted in Harris County so far than people with a Democratic primary history, but about a third of the electorate has no primary history, with a chunk of them having no previous voting history at all. Keep an eye on that as we go forward.

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


Year    Mail    Early    Total
==============================
2010  28,932  104,420  133,352
2014  52,338   80,103  132,441
2018  59,732  249,383  309,115

2008  37,381  170,629  208,010
2012  50,790  201,962  252,752
2016  73,043  293,440  366,483

Thursday was down a bit for in person voting, though it was up for mail ballots; my guess is that the ones that were put in the mail on Monday arrived yesterday. For what it’s worth, Thursday was the weakest day for in person early voting in both 2010 and 2014, though that was not the case in the Presidential years. Don’t know what to make of that, but if that pattern persists we’ll see an uptick today. As I said yesterday, barring anything weird we will either pass or come very close to the final EV total from 2014 after today’s voting.

The Fort Bend DA race

There’s been a lot of focus on how Harris County will vote this year after Hillary Clinton’s wide margin of victory in 2016 – I’ve certainly contributed to that – but it’s important to remember that Clinton carried Fort Bend County as well, and there are some big elections happening there, too.

Brian Middleton

Cliff Vacek knows Fort Bend County like the back of his hand. The former state district judge, now 71, has lived his whole life in the fast-growing, diverse suburb southwest of Houston, where he’s also served as a teacher and had his own law practice.

“The criminal justice system ought to be fair,” said Vacek, a Republican. “I hope people feel like I do, that they want the prosecution to be swift, they want it to be vigorous, but they want it to be fair. That’s what I offer.”

Brian Middleton once worked as a prosecutor for longtime District Attorney John Healey, but the Houston native now wears many hats — running his own law firm in southwest Houston in addition to working as a municipal prosecutor for the cities of Meadows Place, Jersey Village and Wallis and as a judge for the city of Jacinto.

If elected, Middleton would become the first African-American district attorney for the county of more than 765,000 residents, which is 35 percent white, 21 percent black, 24 percent Hispanic, and 21 percent Asian and other.

“I think it would send a signal to the rest of the world that we in Fort Bend County have very strong values and value diversity,” said Middleton, 46, a Democrat. “People of color can succeed.”

Whoever wins, it will represent a major change in Fort Bend County, where Healey, a Republican, has presided over the district attorney’s office since 1992, the year Bill Clinton was elected president. The race is being closely watched as the county backed Hillary Clinton for president in 2016 but has continued to elect Republicans to top county offices.

Other key races include county judge, where Republican incumbent Robert Hebert is trying to stave off a challenge from Fort Bend ISD board member KP George. At the federal level, meanwhile, Democrat Sri Preston Kulkarni is trying to unseat U.S. Rep. Pete Olson, a Republican who has represented the 22nd Congressional District since 2009.

I think psychologically, the state GOP is prepared for the possibility that they’ll lose Harris County. They don’t want to, of course, and they’ll do what they can to win as many races as they can, but they saw the numbers, and not just the ones from 2016. Losing Fort Bend, even one countywide race, would be a much bigger blow. The Republican takeover of the state began in earnest in the suburbs, which grew rapidly in population and voting strength, and spread from there. Democrats have mostly taken over the big urban counties, but an incursion into this kind of turf is as whole ‘nother thing. It changes the narrative of where Republicans and Democrats are, if nothing else, and it would definitely be a major consideration in 2021 when maps need to be redrawn. I don’t know how Middleton or George are going to do – in some ways, winning these county offices is harder than winning legislative races – but they have the potential to really shake things up if they win. Keep an eye on this.

Day 3 early voting: In shorter hours

I’ve heard a few people complain about the shorter early voting hours in the first week.

For the first five days for early voting, Harris County’s 46 polling locations open at 8 a.m. and close at 4:30 p.m., the earliest time among the 15 Texas counties with the most registered voters.

Harris County Clerk Stan Stanart, as the county’s chief election official, sets the early voting schedule and number of locations with approval from Harris County Commissioners Court. The county has closed its early voting locations at 4:30 p.m. for years, well before Stanart’s tenure.

Nonetheless, some have worried the hours hinder the county’s ability to meet voter demand, and possibly discourages people from casting ballots.

Harris County’s polling schedule coincides with the regular business hours of Stanart’s office, which Stanart said was standard procedure. He said he would need to receive a waiver from the Texas secretary of state to extend the hours further, because the state Election Code says early voting “shall be conducted” during the hours in which the clerk’s “main business office is regularly open for business.”

However, Sam Taylor, a spokesman for the secretary of state’s office, said those hours represent only a minimum requirement. Three Texas-based attorneys with expertise in elections also said they were unaware of a waiver requirement.

“I’ve never heard of a waiver,” said Buck Wood, an Austin-based election-law attorney. “I’ve never had anybody complain to me about it, and I’ve been doing this for almost 50 years.”

The section Stanart referenced applies only to counties in which the county clerk acts as the “early voting clerk.” In some cases, that duty falls to an appointed elections administrator, who follows a different set of guidelines for setting early voting hours.

Several other large Texas counties, including Travis, assign election duties to the county clerk and had early voting hours that extend beyond the clerk’s regular business hours, with some going from 7 a.m. to 7 p.m.

For his part, Stanart said he would have kept polls open later — like he did in 2016 — had he known turnout would reach such high levels. Midterm elections typically yield much lower turnout than those held in presidential years; the last time more than half of registered voters cast a ballot in a Texas midterm election was 1994.

“Nobody out there was ever predicting that we’d have this big” turnout, Stanart said.

Well, Stanart himself suggested we could get up to a million votes this year. To be fair, he meant overall, but at the pace we’re going now we could get there just by the end of the EV period. I voted yesterday during lunchtime, and it took me about fifteen minutes to get to the front of the line. So yeah, we’re still busy.Here are the totals for Wednesday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  28,104   79,678  107,782
2014  46,293   61,100  107,393
2018  55,506  190,445  245,951

2008  34,527  126,394  160,921
2012  47,265  150,722  197,987
2016  70,023  217,111  277,134

Breaking news: In person voting was down yesterday! From sixty-four thousand to sixty-two thousand, so, you know. I’m guessing the rain may have held a few people back. At this point, we’re two-thirds of the way to matching the entire early vote total from 2014, and at the rate we’re going we’ll at least get very close to that by the end of voting on Friday. Things are busy elsewhere in the state as well. Here are the totals through Day 2 in the big counties. El Paso has already exceeded its EV total from 2014. We’re well into uncharted territory. It’s just a matter of how much farther we go from here.

The Beto-Abbott voters

I have three things to say about this.

Rep. Beto O’Rourke

Barring divine intervention, Greg Abbott will handily beat Lupe Valdez — the only real question is by how much. The floor, if there is one, is Wendy Davis’ crushing loss to Greg Abbott by 20 percentage points in 2014. Abbott has the money, the power of incumbency, the “R” behind his name and more cash than an offshore account in the Cayman Islands. At the one and only gubernatorial debate, Abbott barely even acknowledged Valdez’s presence onstage, instead reciting anodyne talking points while making minor news about an extremely modest marijuana measure.

To her credit, Valdez has done more than a lot of bigger-name Democrats who have been “up and coming” for so long they’ve worn out the phrase: She is running. But even an extraordinary Democratic candidate running a flawless campaign would face difficult odds against Abbott, whose lackluster governing style doesn’t seem to bother the Republican electorate. That, I think it’s fair to say, does not describe Valdez or her campaign.

Interestingly, there is an unusually energetic Democratic candidate running a well-above-average statewide campaign this cycle — Beto O’Rourke affords us a rare opportunity to see just how much of a difference all that makes. Polls consistently show Abbott leading Valdez by 10 to 20 percentage points, while Ted Cruz appears to have a much narrower single digit lead over O’Rourke. That’s a remarkably steep drop-off. Are there really that many voters who will vote for Beto O’Rourke and Greg Abbott? I want to meet these strange folks! In any case, the Abbott/Valdez and Cruz/O’Rourke results will be meaningful, but imperfect, data points to gauge the “Beto effect.”

1. You know, just in 2016 Hillary Clinton got about 300,000 votes that otherwise went to Republicans. And in 2010, Bill White got even more than that. So maybe the Beto-Abbott voter this year looks like the Bill White-David Dewhurst voter from 2010, or the Hillary Clinton-pick a Republican judge voter from 2016. It’s not that mysterious, y’all.

2. No question, Beto polls better than Valdez – the difference was generally small early on but is more pronounced now – and I certainly don’t question the notion that he will draw more votes, possibly a lot more votes, than she will. That said, it’s not ridiculous to me that part of the difference in the polls comes from Beto’s name recognition being higher than Lupe Valdez’s. We’ve seen it before, when pollsters go past the top race or two and ask about races like Lite Guv and Attorney General and what have you, the (usually unknown) Democratic candidate hovers a good ten points or more below their final level of support. It may be that one reason why Beto and Valdez were closer in their levels of support early on because he wasn’t that much better known than she was at that time. My best guess is that Valdez will draw roughly the Democratic base level of support, whatever that happens to be. Maybe a bit less if Abbott draws some crossovers, maybe a bit more if she overperforms among Latinos. In the end, I think the difference in vote total between Beto and Valdez will come primarily from Beto’s ability to get crossovers, and not because people who otherwise voted Democratic did not support Valdez.

3. Of greater interest to me is whether the Rs who push the button for Beto will also consider doing so for at least one other Democrat. Mike Collier and Miguel Suazo have both been endorsed by the primary opponents of the Republican incumbents they are challenging, the Texas Farm Bureau and other usual suspects are declining to endorse Sid Miller even if they’re not formally supporting Kim Olson, and we haven’t even mentioned Ken Paxton and Justin Nelson. Plus, not to put too fine a point on it, but those Congressional districts that have drawn so much interest because of their being carried by Hillary Clinton were ten-points-or-more Republican downballot. (CD07 and CD32 specifically, not CD23.) The game plan there and in other districts that the Dems hope to flip – not just Congressional districts, mind you – is based in part on persuading some of those not-Trump Republicans to come to the other side, at least in some specific races. The question is not “who are these Beto-Abbott voters”, but whether the ones who vote for Beto are the oddballs, or the ones who vote for Abbott.

Day 1 early voting totals: Like three days in one

Monday was busy.

Harris County residents on Monday set a new record for the first day of early voting in a midterm election, as 63,188 went to the polls to cast ballots.

The turnout smashed the previous mark, set in 2010, by more than 35,000 votes, and came on the same day both major party candidates for the U.S. Senate, Gov. Greg Abbott and President Donald Trump campaigned in downtown Houston.

An additional 52,413 voters have returned mail-in ballots, bringing the total figure to date to 115, 601.

Harris County’s tally eclipsed the first-day total in the 2008 and 2012 presidential elections, even though midterms typically draw far fewer voters. Fort Bend and Montgomery counties experienced similar surges.

“There are just incredible numbers of turnout today,” Harris County Clerk Stan Stanart said. “Lines are moving, they’re getting to vote, and they’re getting on their way.”

The crowds at the polls signal voters are enthusiastic, said University of Houston political science professor Brandon Rottinghaus, but which political party benefits remains to be seen. He said an increase in voter turnout usually boosts Democrats, but the early voting surge simply could show that more voters are choosing to avoid the hassles voting on Election Day can bring.

“Historically, turnout on the first day tends to be exaggerated,” Rottinghaus said. “It’s impossible to know which party faithful are voting, or if it’s a surge in people who traditionally don’t vote.”

Here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. You want to see the first day totals in a nice, convenient table form, right? I aim to please:


Year    Mail    Early    Total
==============================
2010  24,273   26,051   50,324
2014  41,520   20,215   61,735
2018  52,413   63,188  115,601

2008  29,301   39,201   68,502
2012  40,566   47,093   87,659
2016  61,543   67,471  129,014

Monday’s total didn’t just exceed the day one totals from 2010 and 2014, it was more than the totals through Wednesday for those years. Other counties were super busy as well, though I haven’t had a chance to look around for more stories yet. While 2010 certainly stands as a good example of high turnout not being good for Democrats, I will dispute both of the things Prof. Rottinghaus said in that last paragraph. If you look at all the previous years, the number of mail ballots received drops by a lot after day one (since the day one total covers everything received to that date), but the number of in person voters generally stays around the same through the end of the week. Also, while you can’t tell from the numbers I get and publish, the names and voting histories of everyone who votes is available to anyone who wants it (for a small fee), so someone with that data can in fact tell what the likely partisan mix is and who are new voters versus old faithfuls. I expect to get information about that as we go. I do think that a lot of people sprinted to the starting line, but if the usual patterns hold, we are going to be seeing a lot of voters who don’t have a non-Presidential history. But every year tends to bring surprises, so we’ll see what this one has in store for us.

UPDATE: Forgot to actually share the file from Monday. It’s here.

CD31 “live poll” Carter 53, Hegar 38

Not a great result in CD31, where Democratic challenger MJ Hegar and her fundraising and amazing vidoes have moved this race against Rep. John Carter into lean-Republican territory on multiple forecasters’ lists, with two minor caveats and one addendum. Nate Cohn of The Upshot notes that “Hegar, despite being a national phenom, still has extremely low name-ID (but highly positive among those who know her) so some upside for her”. I would suspect that more of the “unknown/no decision” respondents may go her way. Carter won in 2014 by a 64-32 margin, and in 2016 by a 58.4-36.5 margin, so even this meh result is a step in the right direction. The same poll also has Ted Cruz leading Beto O’Rourke 52-43, which as Cohn notes is “consistent with about Cruz +4 or 5 statewide”, as Trump carried CD31 by 13 points while winning statewide by 9 in 2016. The Upshot is going to revisit a few Congressional districts next, so we’ll see what else they’ve got for us.

Lots more voters registered statewide

Always good to hear.

Still the only voter ID anyone should need

The Texas voter rolls have grown to 15.6 million people, a new record, Texas Secretary of State Rolando Pablos confirmed.

That is nearly a 400,000-person increase since March and a jump of 1.6 million since the last time Texas held a midterm election in 2014, according to election records.

And there is still time for more voters to join the rolls before Oct. 9, the final day to register in time to vote in the midterm elections.

[…]

Registering to vote and casting a ballot are two different things in Texas. Despite having 14 million registered voters in 2014, just 4.7 million people voted — about 34 percent of voters. In presidential cycles, voter turnout is much higher, hitting almost 60 percent in 2016 and 2012.

Here’s a convenient table that was included in the story to illustrate the progression of the voter rolls:

Voter Registration in Texas For Midterm elections over last 20 years


2018 - 15.6 million

2014 - 14.0 million

2010 - 13.2 million

2006 - 13.1 million

2002 - 12.6 million

1998 - 11.5 million

So there’s been more people registered to vote in the last four years than there were in the twelve years before that combined. There has been a comprehensive effort among various groups to increase Texas’ voter numbers – registering voters was in fact one of the few things that Battleground Texas did well in the 2014 cycle – so it’s good to see that pay off. Harris County by itself can account for nearly 250K of those new registrations since 2014. There’s definitely been a big focus on registering people in this cycle, which should not come as a surprise to anyone who has not been in a cryogenic state.

As noted, registering and voting are two different things. That said, even if the turnout rate remained at 34 percent as it was in 2014, that would translate to 5.3 million ballots cast, modulo however many more people get signed up before the 9th. For what it’s worth, I investigated the question of new voters voting in Harris County in 2014. As I recall (I can’t find the post I wrote about it right now), something like 21% of the brand-new voters turned out in 2014. That’s not great, but it’s not nothing, either. Twenty-one percent turnout of those 1.6 million new voters statewide would still push the 2014 total to just over five million. In 2016, turnout as a percentage of registered voters in Harris County was down compared to 2008 and 2012, but the total number of actual voters was up 130K over 2012, precisely because there were so many (300K in all) more voters. One way or another, expect 2018 turnout to exceed 2014. The real question is who those voters will be.