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Glen Maxey

Dallas County GOP sues to knock basically all Dallas Democrats off the ballot

Well, that escalated quickly.

Dallas County Republicans have filed a lawsuit to have 128 Democrats kicked off the March 6 primary ballot.

The lawsuit, filed in Dallas County late Friday, contends that Dallas County Democratic Party Chairman Carol Donovan didn’t sign the petitions of 128 Democratic Party candidates before sending them to the Texas Secretary of State’s office, as required by law.

“The Election Code says the chairman, and nobody else, has to sign them,” said Elizabeth Alvarez Bingham, a lawyer for the Dallas County Republican Party. “Carol Donovan is the chair. She was supposed to sign them. She didn’t do it.”

The news stunned some Democrats after a lawyer for their party notified them of the lawsuit Sunday afternoon.

“We have assembled a legal team of Dallas’ best and brightest Democratic election law attorneys,” Donovan said late Sunday in a news release. “Though we are taking this case seriously, the Republican Party’s lawsuit is not supported by Texas law. We will fight to ensure that all Democratic voters in Dallas County can participate in a fair Primary election.”

[…]

According to the lawsuit, only a fraction of the candidate petitions approved by Donovan actually contained a signature by her hand. The GOP lawsuit alleges Donovan’s signature on other petitions was not hers.

There’s not a whole lot of information to go on here, so let me note a couple of comments I saw on Facebook from people who know election law far better than I do. The first is from Glen Maxey:

“This is a frivolous lawsuit. The Primary Director, under the direction of the Chair, signed these forms. That’s the way it’s been done for decades. And the courts have ruled that way in the past.”

And the second is from Gerry Birnberg:

“And that’s how the Harris County Republican Party does it (or has for years).”

To that extent, and based on another comment I saw, here is Sec. 1.007:

DELIVERING, SUBMITTING, AND FILING DOCUMENTS. (a) When this code provides for the delivery, submission, or filing of an application, notice, report, or other document or paper with an authority having administrative responsibility under this code, a delivery, submission, or filing with an employee of the authority at the authority’s usual place for conducting official business constitutes filing with the authority.

In other words – and remember, I Am Not A Lawyer – it seems like the law allows for an employee of the county party to sign the documents, in place of the Chair. Which is what Maxey and Birnberg are saying. Individual candidates have had ballot applications rejected for technical issues with petitions they have submitted, but this isn’t quite the same as that.

There’s also the question of standing, which DCDP lawyers brought up in response to this suit.

According to a document filed late Monday on behalf of 14 candidates threatened with removal from the ballot, the Dallas County Republican Party and its chairwoman, Missy Shorey, have no standing to bring the suit, since they are not candidates in the election.

“The DCRP is clearly not a candidate and Shorey does not allege that she is a candidate for any office,” according to the filing from the lawyers. “As such, neither the DCRP nor Shorey have the necessary personal interest to have standing to seek the removal of any candidate from the ballot.”

Shorey and her attorney, Dallas lawyer Elizabeth Alvarez Bingham, argue that Dallas County Democratic Party Chairwoman Carol Donovan was required to sign the candidate paperwork of Democrats appearing on the March 6 ballot and send the documents to the Texas Secretary of State. Donovan signed only a fraction of the petitions submitted to her, but her signature, clearly signed by someone else, appears on the documents of the 128 candidates in question.

But the candidates, led by state Sen. Royce West, D-Dallas, say there’s nothing in election law that requires Donovan to “sign” candidate petitions, and that she can designate a person to review and sign petitions, if she chose.

[…]

Buck Wood, an attorney for the 14 candidates who responded to the suit, said it’s unlikely that the GOP lawsuit would result in anybody being removed from a ballot.

Wood said process duties, like those of a county party chairman, should not determine the fate of an “eligible” candidate because it would open the door for sloppy or diabolical county leaders sabotaging efforts of candidates across the state.

“It’s not an eligibility issue,” Wood said. “There’s no way anybody can be replaced.”

I have a hard time believing a court would essentially cancel dozens of elections for what seems to be normal practice, but I suppose anything can happen. At the very least, it looks like this action may be dismissed or withdrawn for now, but may be raised again after the primaries. We’ll see.

Let’s do talk about Democratic legislative candidates

I have so many things to say about this.

The hottest new trend in Democratic politics these days is running for Congress — everybody’s doing it. So far, more than 200 Democrats have filed to challenge Republican incumbents and raised at least $5,000. That’s more than the number of Democratic congressional candidates who had announced at this point in the cycle in the last four elections, combined. Trump’s election freaked people out, and this is how they’re responding. Obviously, it’s an encouraging sign for Democrats. You want people running everywhere, even in beet-red districts where they may not stand a chance.

There are a boatload of people running for Congress in Texas, too. Which, again, is good! Strangely, though, the Democratic slate for statewide offices — from the governor down to the land commissioner — is so far mostly empty, or lacking credible candidates. And there’s no sign (yet) of people lining up to run for the Legislature, where Democrats have traditionally been most in need of worthy candidates.

[…]

In huge swathes of the state, there simply is no Democratic Party to speak of. The local infrastructure doesn’t exist. Particularly in rural areas, local elections may feature no Democrats at all, and decades may have passed since the last competitive race outside of the Republican primary.

Without local representation, the “face” of the Democratic Party becomes, at worst, the caricature presented on talk radio, or, at best, Barack Obama or Chuck Schumer or Nancy Pelosi — Chicago, New York and San Francisco — which produces the sense that Democrats could never be champions of their communities.

But it also means marginalized communities go unrepresented. As this great 2016 Austin American-Statesman series relates, the Panhandle, which has some of the most ideologically conservative elected officials in the country, has huge populations of Hispanic and nonwhite voters who have very little say in their local communities, let alone in Austin. Deaf Smith County, west of Amarillo, is more than 70 percent Hispanic, but every elected member of county government is Anglo. That’s a pattern repeated throughout much of the state.

Reversing that trend is gonna require a lot of local work, in places where Democrats are not necessarily strong and where they won’t reap benefits right away. In Lubbock, where Democrats have a tiny footprint, two Democrats have already declared their intention to run against each other to challenge U.S. Representative Jodey Arrington. Trump beat Clinton by almost 50 percentage points in Arrington’s district.

You could make a plausible case that a vigorous, two-year congressional campaign is a good way to boost local organizing. But the candidates most able to reach out to individual voters are those with the smallest constituencies. Inside Arrington’s district is Lubbock’s state House District 84, represented by Republican John Frullo. Frullo’s district was teetering on the brink of being a majority-minority district at the time of the 2010 census, but a Democrat has only run once in the last three election cycles. In 2014, Frullo crushed a retired teacher named Ed Tishler, whose sole campaign expenditure was his filing fee. So far, nobody’s stepped up to run this year.

The point isn’t that Democrats are likely to turn the Panhandle blue. But the broader retreat from local politics allows Republicans to depress the nonwhite vote and run up high margins in red areas that cancel out Democratic votes in blue ones during statewide elections. Recently, $60 million was flushed down the toilet as part of Jon Ossoff’s losing congressional bid in Georgia. What would happen if some rich person donated a few grand to the Deaf Smith Democratic Party and paid for a few advisory trips from some veteran organizers?

Maybe nothing! My role is to second-guess, and I’m often wrong. But nothing is also what Ossoff’s loss left behind, which is the problem with blockbuster electoral bids in general. A lot of money will be raised by losing congressional candidates this cycle, and a lot of money will be spent in the top-dollar media markets of Dallas and Houston to buy ads to beat Pete Sessions and John Culberson. That gets a lot of people paid, which is partially why it happens. But I don’t know how much it actually accomplishes. Investing in people, in the places they live, seems like a better bet.

Where to begin?

1. The ability of progressive folks to find the negative in any situation never ceases to amaze me. People, including lots of women and people of color, have been inspired to run for Congress! Districts that have never had a contested primary have multiple candidates vying for the nomination! Money is being raised to support these candidates, many of whom are young and first-timers! But we’re gonna lose and all that money will be wasted anyway, so why bother? Argh! That sound you hear is me banging my head on my desk.

2. I realize that it was just being used as an anecdotal illustration, but for the record Deaf Smith County is in HD86, where it represents a bit less than 12% of the total population and where Donald Trump received 79.5% of the vote. The ratio of voting age population (VAP) to overall population in HD86 is 62% for Latinos, compared to 78% for Anglos. I don’t have the figures, but I’d guess the Latino VAP in Deaf Smith is lower than 70%, and if we go all the way to Citizen VAP, I’m sure it’s lower still. I completely agree about the need to build the party in places like the Panhandle, and that starts with city and county offices in places like Deaf Smith, but if the goal is to have a full slate of legislative candidates for 2018, at least for the districts that may be within striking distance, there are a lot of more promising targets than Deaf Smith County and HD86.

3. My biggest frustration by far with this article is that there appears to have been no effort made to actually find out how many announced or rumored or being-recruited candidates there are for the Lege next year. Did you know, for example, that there are already multiple Democratic candidates for the two closest Senate districts, SDs 10 and 16, and that there is at least one promising candidate looking at the next closest district, SD17? Neither SD16 nor SD17 was contested in 2014, by the way. But mentioning that kind of muddies the point of the story, so let’s just pretend it’s not worth it.

4. On the House side, nearly all of the Republican-held seats that were carried by Hillary Clinton in 2016 are in Harris and Dallas Counties. Dallas had a full slate of Democratic House candidates in 2016, and I see no reason why they won’t do that again this year. Maybe pick up the phone and call the county party chairs and ask them how it’s going? For that matter, the other districts of great interest are in a few other counties – Collin, Denton, Tarrant, Fort Bend, Williamson – maybe make a few more phone calls? Again, I strongly agree with the larger point about broadening the reach of the Democratic Party, but again, if you want to know about candidates for 2018, maybe go looking where they’re likely to be running. Maybe also call a couple of organizations that recruit and support Democratic legislative candidates – the Texas AFL-CIO, Annie’s List, the HDCC, you get the idea.

(By the way, Deaf Smith County has a Democratic Party Chair, too. You can thank Glen Maxey, who has done a ton of work ensuring that every county in the state can have a Democratic primary, for that. That’s a claim the Republicans couldn’t make in 2016, you know.)

5. Going back to point #3, every campaign finance report website that I’ve looked at for July finance reports either presents every report that has been filed or has a way to search for all filed reports. The FEC website, which used to suck, now has a very handy feature for querying, say, every Democratic Congressional candidate from Texas in the 2017-18 cycle. Every site makes it easy to find candidates whose existence you didn’t know except one – the Texas Ethics Commission website, which doesn’t have a way to query by district and doesn’t allow a search with the name field left blank. Speaking as an amateur blogger, I would have really really really appreciated the efforts of a professional reporter at a professional news-gathering organization to do some legwork and find a comprehensive list of candidates. Maybe if such a reporter had done that legwork, he might have found evidence to corroborate or disprove his hypothesis about a dearth of candidates for this point in the campaign.

6. Which is another point that bugs me. If you’re going to say there aren’t that many candidates, I will say, compared to when? How many candidates were there, based on finance reports, at this time in 2016 or 2014? I have no idea. Neither does the author of that story, or at least if he does he isn’t telling.

7. All of that said, there are fewer Democratic candidates for legislative seats so far in Harris County than I would have expected at this time. Of the four districts I most want to see good candidates run – HDs 138, 135, 132, and 126 – only HD138 has a candidate that I know of so far. It’s barely August so I’m not sweating it, but it would be nice to see a few more people out there. So it may well be that this story is 100% correct, and there just aren’t as many legislative candidates out there as we might have thought there’d be, especially given the energy given to Congressional campaigns. My whole point is that you can’t actually tell that from this story.

A bipartisan bill to address actual vote fraud

Miracles do happen.

Here’s something folks rarely see in Austin, or other statehouses, in these politically prickly times: a bipartisan effort to crack down on voter fraud.

In the waning days of the 85th Texas Legislative Session, a group of Republican and Democratic lawmakers — backed by party leaders — are pushing to tighten oversight of absentee ballots cast at nursing homes, which experts have long called vulnerable to abuse.

This effort has another twist: It could also bolster ballot access among the elderly.

“When was the last time you heard about a voter fraud bill that actually made it easier to vote?” said Rep. Tom Oliverson of Cypress, one of the Republicans championing the proposal.

A bill he filed died this week after failing to reach the House floor. But a unanimous Senate committee vote Thursday gave some life to identical legislation, Senate Bill 2149, filed by Sen. Joan Huffman, R-Houston.

It would create a process for collecting absentee ballots at nursing homes — essentially turning them into temporary polling places during early voting — to ensure facility staffers or others aren’t manipulating residents’ votes. That’s been a well-documented threat surrounding such vulnerable voters.

“Many of our elderly voters in Texas are being disenfranchised,” Eric Opiela, a lawyer for the Texas Republican Party, told lawmakers at Thursday’s hearing of the Senate Committee on State Affairs.

[…]

State law allows Texans with disabilities, those who are at least 65 years old, or those who plan to be out of the county during voting to request a mail-in ballot. That typically includes voters at residential care facilities. Huffman’s bill would change the process for homes that request five or more absentee ballots. During early voting, counties would send election judges to deliver the ballots and oversee voting at those homes, providing assistance if need be. And political parties could send registered poll watchers, just as they do at regular polling places.

Qualified voters who might have forgotten to request an absentee ballot could fill out such paperwork on site and cast a vote during the election judges’ visit.

“This is just going to help seniors vote. It’s going to allow them to participate in greater numbers,” said Rep. Eric Johnson, a Dallas Democrat who authored the House legislation with Oliverson, and has closely followed the Dallas fraud investigation.

Glen Maxey, legislative director for the Texas Democratic Party, on Thursday called the bill “the biggest expansion of voting rights in Texas since we moved to early voting.”

Would it be churlish of me to say that Democrats have argued in vain for years that voter ID laws have no effect on mail ballot fraud, and that if the Republicans had been serious about combating the kind of vote fraud that actually happens they wouldn’t have gotten their asses handed to them in the voter ID lawsuit? Because if it would be churlish of me to say that, well, too bad, I’ve already said it. As far as this bill goes, if Glen Maxey says it’s a good bill, it’s a good bill. Let’s hope it makes it to the finish line.

Paxton finds another way to be in trouble

Like fleas to a dog, trouble just follows this guy around.

Best mugshot ever

Best mugshot ever

Remember that historic Supreme Court ruling last year? The one that ended decades of discrimination against same-sex couples who wanted to get married?

Texas Attorney General Ken Paxton surely does because it’s probably still causing him headaches, in addition to his legal woes. The Lone Star State’s top lawman is accused of securities fraud.

We just learned that on January 29, the Board of Disciplinary Appeals, appointed by Texas’ Supreme Court, decided not to dismiss a grievance against Paxton filed with the State Bar Chief Disciplinary Counsel for an alleged violation of the Texas Disciplinary Rule of Professional Conduct, which means the Texas State Bar has been ordered to continue a disciplinary investigation into the alleged violation.

That whole defying the Supreme Court thing is good for television spots, but, not so good in reality.

You can see a copy of the complaint embedded in the story. Amazing, right? I looked in my archives and found that somehow, this had fallen entirely below my radar – I have no posts that mention this, as far as I can tell. So off to Google we go, and our first stop to get up to speed is this Trib story from July 3.

Roughly 150 Texas attorneys have signed on to a letter threatening to file a complaint with the State Bar of Texas against Attorney General Ken Paxton for his response to the U.S. Supreme Court’s ruling on same-sex marriage.

“It seems to us that your edict to encourage Texas clerks to violate a direct ruling of the United States Supreme Court violates” the State Bar’s rules requiring attorneys to uphold the U.S. Constitution, the letter states.

After the Supreme Court legalized gay marriage nationwide, Paxton issued an opinion telling Texas clerks they did not have to issue marriage licenses to same-sex couples if it violated their religious beliefs — though he suggested that they could face litigation.

On Friday, Paxton spokeswoman Cynthia Meyer said the attorney general’s legal opinion was “a nonbinding interpretation of the law,” one that “emphasizes the importance of protecting religious liberty while enforcing the Supreme Court’s expanded definition of marriage.”

If Paxton doesn’t change his direction to county clerks in the coming weeks, Steve Fischer, a former director of the State Bar of Texas, said he plans to file a complaint he anticipates hundreds of other lawyers will sign onto.

“I think he could very easily be disbarred,” said Fischer, who wrote the letter sent to Paxton’s office Friday. “He violated his oath to specifically uphold the United States Constitution.”

Note the reference at the end of this story to a complaint that had already been filed by then by former State Rep. Glen Maxey. This Courthouse News story covers that.

Glen Maxey, a member of the Texas Democratic Party executive committee and the state’s first openly gay legislator, filed a grievance with the State Bar of Texas on June 30.

It came two days after Paxton issued a nonbinding advisory opinion urging county officials not to issue the licenses if they have personal religious objections, but warned that if they did so they would probably be sued.

Paxton’s letter came after the Supreme Court’s landmark ruling in Obergefell v. Hodges on June 26 that struck down several states’ same-sex marriage bans.

Maxey said it is “irresponsible” for an elected official and attorney to tell other elected officials to break the law.

“He’s misleading county and state officials based on a false premise that they can discriminate against same-sex couples,” Maxey said in a July 3 statement. “This past Friday, the Supreme Court was clear with their decision to let same-sex couples marry. Paxton took an oath to defend and protect the Constitution. He must comply with the court’s decision.”

You can find a copy of Maxey’s complaint here. The grievance for which all those attorneys’ signatures were collected, which is the one referenced in the first link above, was eventually filed later in July. (The Trib, my usual source for this kind of political esoterica, oddly had the story about the complaint being filed in their subscription-only Texas Weekly section.) Why the wait? Steve Fischer, the former State Bar director, explains his reasoning.

Maxey, however, is not a lawyer and didn’t allow Paxton the 25-day implementation period, as provided by U.S. Supreme Court Rule 45 and in the 5th Circuit Court of Appeals mandate, which specified a July 17 compliance deadline.

Attempting to steer clear of politics, Fort Worth lawyer Brian Bouffard and I sent a warning to the attorney general that he must comply with the law. We posted on Facebook that we would collect attorney signatures, but quit after receiving about 300 in two days. If a grievance becomes necessary, we will have many more.

We allege the Texas attorney general has violated several of the State Bar Disciplinary Rules, most of which are found in Section 8.04 a (4) obstruction of justice, and 8.04 (a) 12 that he has violated his attorney oath to uphold the law of the United States. As the state’s top legal officer, he can’t be offering county clerks any legal ammunition to circumvent the law when it’s clear, to most legal analysts, they would be “shooting blanks.”

The State Bar of Texas, the licensing authority for all Texas lawyers, is 100 percent nonpartisan. When a complaint is filed it goes to State Bar disciplinary counsel and if they find grounds, Paxton would be required to file an answer. If his answer is insufficient, he would be given the choice of appearing before a grievance panel of a few lawyers and perhaps one nonlawyer or having his case heard in district court.

The penalties range from a reprimand to license suspension, and in the most egregious cases, disbarment. Usually, these cases are private and confidential; however, the bar has made an exception for public interest cases.

Many believe the State Bar does not go after its own, and it is accurate to say most complaints against lawyers are dismissed. The reason, however, is that the vast majority of filings are rancorous, rambling rants that do not allege a specific violation.

We hoped Paxton would take a deep breath and proclaim that although the Supreme Court decision violated his personal and religious beliefs, he would follow the law.

We know how that turned out. Which brings us back to today. Towleroad has an excerpt from the Board of Disciplinary Appeals’ ruling.

On January 29, 2016, the Board of Disciplinary Appeals appointed by the Supreme Court of Texas considered the appeal from the dismissal from the above grievance by the Office of the Chief Disciplinary counsel of the State Bar of Texas. After reviewing the grievance as filed with the sState Bar Chief Disciplinary Counsel’s office and no other information, the Board grants the appeal, finding that the grievance alleges a possible violation of Texas Disciplinary Rule of Professional Conduct 1.02(c).

The Board of Disciplinary Appeals will now return the case to the Office of the Chief Disciplinary Counsel for investigation and a determination whether there is just cause to believe that the attorney has committed professional misconduct. The Office of the Chief Disciplinary Counsel will notify both parties of each step of the process, including asking the attorney to respond to the complaint. For information concerning the handling of the case from this point forward, please contact the Austin Office of Chief Disciplinary Counsel.

And here’s the Trib story, and the Chron story, which recap everything we’ve discussed here in a much more concise fashion. The one bit of information mentioned in the Trib piece that I haven’t covered here is that the complaint was initially dismissed by the Chief Disciplinary Counsel’s office; it was the appeal to the Board of Disciplinary Appeals that brought us to this point. I can hardly wait to see what comes next. Trail Blazers and Daily Kos have more.

Voting by mail made easier

The Trib is reviewing some of the bills that were passed this spring and the changes they will bring, one of which will be to make the voting by mail process easier.

In Texas, disabled or elderly residents can currently receive mail-in ballots for all elections in a calendar year under a seemingly innocuous condition: The elections must be held in areas where the county clerk is the early voting clerk.

That requirement, however, has proved to have an unintended consequence: Some people eligible for annual mail-in ballots have not been receiving all of them because some elections are not held with the help of the county. For example, school boards sometimes hold elections on their own.

A bill set to go into effect Sept. 1 looks to change that. Among other things, House Bill 1927 by Rep. Greg Bonnen, R-Angleton, aims to close that loophole and ensure that annual mail-in ballots are sent to every person who applied for them.

“For them not to receive them is just unjust,” Bonnen said. “You can’t choose not to send the mail ballots.”

The bill might be the most consequential elections legislation signed by Gov. Greg Abbott from the standpoint of the average voter, said Glen Maxey, the legislative affairs director for the Texas Democratic Party. Several other elections measures were tacked on to HB 1927 on its way to Abbott’s desk, including a measure that lets Texans electronically apply to vote by mail.

“With all those things together,” Maxey said, “it will make mail balloting a lot easier.”

[…]

Bonnen called HB 1927 a no-brainer, and it drew no apparent opposition when it was heard by the House Elections Committee. The panel advanced the bill to the full House on a unanimous vote.

Among the measures that were later added to HB 1927 was one that sets up a process by which counties can maintain the most up-to-date information on vote-by-mail applications. The provision addresses problems that arise when voters’ identifying information changes over the course of a year, like when a person’s name changes after a marriage.

In that case, the spouse’s annual mail-in ballot would go “belly up, automatically,” said Bill Sargent, chief deputy clerk for elections in Galveston County. “We changed that and said, ‘Wait a minute. This is the same person. Why are we doing this?'”

Bonnen does not expect many hiccups when the law takes effect. After all, he added, “it’s such a commonsense piece of legislation.”

This is all to the good, and I recall Maxey celebrating the bill’s passage on Facebook. I’m all in favor of removing barriers to voting, as you know. I just wish it were possible to imagine a similar outcome for legislation relating to voter registration or any form of in-person voting.

Paxton takes the culture-warrior lead

Well, at least he’s found his calling in life.

Ken Paxton

In the six months before Ken Paxton won election as Texas attorney general last fall, he stayed largely out of sight. Under an ethical cloud amid claims of financial fraud, he avoided public events and rarely spoke to reporters, coasting to victory as part of new Republican leadership including Gov. Greg Abbott and Lt. Gov. Dan Patrick.

Lacking Patrick’s knack for political theater, and yet to display the lawyerly intellect of Abbott, his predecessor as the state’s top attorney, the 52-year-old former legislator struggled to emerge from their shadows during his first several months in office.

But now, even as his personal legal troubles resurface, Paxton is poised to claim his place in the sun as the state’s top culture warrior.

Two days after the U.S. Supreme Court struck down Texas’ long-standing same-sex marriage ban, Paxton issued an opinion telling county clerks with religious objections that pro bono lawyers were standing by to help defend them against legal challenges if they denied licenses to same-sex couples.

“Our religious liberties find protection in state and federal constitutions and statutes,” he said. “While they are indisputably our first freedom, we should not let them be our last.”

The missive launched him into the national consciousness, earning comparisons to George Wallace, the former Alabama governor who fought desperately to preserve racial segregation in the 1960s. Blasting Paxton for encouraging state officials to violate the law, a Democratic lawmaker has since asked the U.S. Justice Department to monitor the implementation of the Supreme Court’s decision.

The nonbinding opinion amounted to more of a statement of moral support than legal defiance. But to social conservatives — some beginning to feel abandoned by a governor who has declined their requests to call a special legislative session to address the issue of same-sex marriage — it bolstered the McKinney Republican’s standing as one of the last guardians of religious liberty.

“Texas often tries to bill itself as the most conservative state in the union, which isn’t very often the case actually. We have a reputation that we don’t live up to. But I think that Ken Paxton is living up to it,” said Julie McCarty, president of the NE Tarrant Tea Party, which wields considerable influence in Republican primaries. “I haven’t heard anything from our governor, which is not surprising, but again disappointing.”

Even Patrick, who came to power with the backing of the conservative movement, has not avoided the perception that he failed to do enough as the Senate’s presiding officer to protect traditional marriage this session.

“There’s a lot of other things that should have been passed, that the rest of the Republican leadership caved into the homosexual demands — that would be Abbott and Patrick and [Speaker] Straus,” said Steve Hotze, a Houston doctor who operates the powerful Conservative Republicans of Texas political action committee.

Paxton’s office was “very instrumental” in pushing lawmakers to pass legislation affirming religious officials’ rights to refuse to perform same-sex marriages known as the Pastor Protection Act, said Hotze, whose group distributes mailers and scorecards to a vast network of GOP voters.

“Most people don’t understand, but Ken Paxton does understand the direction of this movement, and he is speaking out,” he said. “Abbott has been AWOL on the issue.”

[…]

Based on the questions about Paxton’s ethical compass, former Railroad Commissioner Barry Smitherman, the candidate who came in third in the primary, later endorsed Paxton opponent Dan Branch in the runoff.

But concerns about Paxton’s business matters did not dissuade conservatives in 2014, and don’t seem to have gained traction among them recently.

McCarty said Thursday she was not aware that Paxton could face a felony charge, but said it did not affect her support for him.

“This is how politics goes. People are always pressing charges and making frivolous suits just to smear someone’s name,” she said. “The general public doesn’t follow it closely enough to know when everything’s been cleared and that it was all trumped up for nothing. Until we have a conclusion, I would definitely side with Paxton and give him the benefit of the doubt because I just know that’s how these games are played.”

So this is where we stand. And just to add a little gasoline to the fire, there’s this:

As if Attorney General Ken Paxton didn’t have enough troubles with a potential felony indictment, now he’ll be fighting off an ethics complaint over his opinion on same-sex marriage.

[…]

Now long-time Travis County Democratic mainstay Glen Maxey has savaged that opinion as nothing more than political cant, and filed a complaint with the Texas State Bar Association against Paxton. In it, the Texas Democratic Party county affairs director alleges multiple violations by Paxton of the Texas Disciplinary Rules of Professional Conduct, including that Paxton made a false statement of law that is “flatly inconsistent with the United States Constitution”, as well as violating the statutes defining his official duties, the oath of office as attorney general, and the terms of his license to practice law in the state of Texas.

In a statement Maxey, who was Texas’ first openly gay state representative, writes, ““It’s irresponsible for an elected official – and a lawyer – to tell other elected officials to break the law. He’s misleading county and state officials based on a false premise that they can discriminate against same-sex couples.”

You can see a copy of the complaint here. It’s not the first time someone has complained to the State Bar about Paxton. I’m not a lawyer and will pass on evaluating the merits of Maxey’s complaint. If that’s in your wheelhouse, by all means please chime in.

As for the larger issue with Paxton, all this raises the stakes on the grand jury/special prosecutor investigation against him. He can complain all he wants about being made a target, but he’s not being tried in Travis County and may have a hard time making that charge sound believable to anyone outside of Ms. McCarty’s circle. If he gets no-billed or manages to beat the charges one way or another, he’ll be in a very strong position politically. If he goes down, there could be collateral damage. At some point, Abbott and Patrick and the rest are going to have to decide if they want to stand by Ken Paxton or let him sink or swim on his own. I imagine there have been a few very off the record back-room discussions about how to play things if it all goes to hell for the state Republican brand. Trail Blazers and the Trib have more.