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Harris County

Early voting for the May elections has begun

From the inbox:

Early Voting for the May 4, 2019 Joint Election starts Monday, April 22 and ends on Tuesday, April 30. During that period, Harris County voters may vote at any of the 25 Early Voting locations designated throughout the county. Polls will be open from 7 am to 7 pm, except for Sunday, April 28, when polls are open from 1 pm to 6 pm. Ballot by mail applicants must submit their applications by April 23.

Launching this election, voters will be able to see the approximate wait time at each polling location. This new Wait Time feature will be available on our website alongside a map of all the Early Voting locations.

“In an effort to make voting easier and more convenient, Early Voting hours have been extended and a Wait Time feature have been added to the website to help voters avoid lines” said Harris County Clerk Diane Trautman. “I encourage all of the nearly 785,000 registered voters that are eligible to cast a ballot in this election to exercise their right to vote.”

The Harris County Clerk’s office will conduct elections for 23 political subdivisions across the county. Voters residing in these political entities can find their individual sample ballots, the Early Voting schedule, and the Election Day polling locations at www.HarrisVotes.com.

An approximate additional 30 political entities in Harris County will also conduct elections on the same day. Voters should communicate directly with political entities conducting their own elections to obtain more information.

For more information about the May 4 Joint Election, voters may visit www.HarrisVotes.com or call the Harris County Clerk’s office at 713.755.6965.

###

Entities Conducting Elections with Harris County

City of Humble, City of Pasadena, City of South Houston, City of West University Place, Channelview ISD, Cypress-Fairbanks ISD, Goose Creek Consolidated ISD, Humble ISD, Pasadena ISD, Cypress Klein Utility District, Encanto Real Utility District, Greenwood Utility District, Bridgestone MUD, Crosby MUD, Faulkey Gully MUD, Trail of the Lake MUD, Harris County MUD No. 5, Harris County MUD No. 44, Harris County MUD No. 55, Harris County ESD No. 60, Harris County Fresh Water Supply District No. 1A, Harris County Fresh Water Supply District No. 58, Harris County Water Control and Improvement District No. 109.

You can see what the Wait Time feature looks like here. It’s pretty cool, and something we’ll surely need going forward, though for this election I doubt you’ll see anything but green lights. The City of Pasadena elections are the biggest ones of most interest within Harris County, with the balance of power on Pasadena City Council being up for grabs. See my interview with Steve Halvorson for more on that.

Early voting information for Fort Bend County is here. Fort Bend ISD and the City of Sugar Land, where Nabila Mansoor is running for City Council District 2, are races to watch.

Early voting information for Brazoria County is here. There’s a lot of energy right now for three candidates for Pearland ISD Board of Trustees: Al Lloyd, Dona Murphey, and Joseph Say. If all three win, they’d join Trustee Mike Floyd, elected in 2017, to form a majority on that Board.

Elsewhere, there are Mayor’s races in San Antonio, Dallas, and Fort Worth, none of which I have followed closely. There’s a longer story to write about why we still hold these municipal elections in May of odd-numbered years, but that will wait till another day. For more about the Harris County races, see this Chron story. Is there an election for you to vote in? Leave a comment and let us know.

Ogg hires Bradford

A familiar face for the DA’s office.

C.O. “Brad” Bradford

Former Houston City Councilmember and Police Chief C.O. “Brad” Bradford has joined the Harris County District Attorney’s Office as a senior adviser.

District Attorney Kim Ogg has hired Bradford to serve in a senior-level position as special prosecutor and law enforcement liaison, said spokesman Dane Schiller.

“We welcome his expertise and experience as a respected member of the community, a lawyer for 25 years, and a former chief of the Houston Police Department,” Schiller said, declining to offer details about the motives for the high-profile hire.

Bradford said he would be using his expertise in both law enforcement and jurisprudence to analyze the processes of the DA’s office, the criminal cases police bring for prosecution and how the DA’s office handles those cases.

“Thousands and thousands of cases are being filed by police, and there’s a need to look at those cases and see if something can be done other than the police filing formal charges on those people,” Bradford said. “Some of them, you lock them up in jail still; they need that. Others may need prevention programs. They need mental health treatment. They may need diversion.”

The new hire comes on the heels of repeated requests for more prosecutors, the most substantial of which — $21 million for over 100 new positions — the Harris County Commissioners Court shot down earlier this year. The initial wave of new positions would have targeted felony courts, where lawyers are most needed given the post-Harvey backlog, Ogg has said.

The rest of the story is a recap of Bradford’s career – for the record, he served three terms on City Council, not two – quotes from various people of varying quality, and mention of the continued turnover at the DA’s office. I care more about what Bradford will do with the DA. He’s a sharp guy with a good grasp of policy, and I think he could be a good bridge between Ogg and the police, who as noted by some of those comments I didn’t include in this post haven’t always liked Ogg’s policy changes. I had some issue with him as Council member, as he was often a foil to Mayor Parker, but he was a strong advocate for his positions. While I’m sure some of his role will involve talk and diplomacy, I figure you don’t hire a guy like C.O. Bradford to be behind the scenes. I’ll be very interested to see what he gets up to.

We’re still figuring out how to do development in a floodplain

From the inbox:

The Greater Houston Flood Mitigation Consortium has released dual research reports that examine current standards in the area’s drainage, detention, and development regulations. The reports also include findings that encourage implementation of new and updated flood management infrastructure approaches and regulations to mitigate the risk of future flooding.

According to Consortium Project Manager Christof Spieler, “This research is intended to inform and unite our city and county leadership, development community and residents in planning for our region’s future. Some of the current regulations are not sufficient to address current flood risk and are further compounded by our region’s growth. Taking time to consider how we could benefit from updated regulations isn’t trying to limit that growth, but would set into motion the research and creative solutions required for growing in more resilient ways.”

Research Paper 1: Detention & Drainage Regulations:

According to researchers from Rice University’s SSPEED Center and report contributors Houston Advanced Research Center, as more and more land in and around Houston is developed, runoff and an inability for the land to absorb water from heavy rain events become contributing factors to flooding. The report goes on to identify areas where current detention regulations, which are in place to prevent those negative impacts, may in some situations be allowing new development to increase downstream flooding.

Specifically, the report findings state current regulations, with the biggest impact being from projects of 50 acres or less on greenfield sites:

  • Overestimate the runoff from some undeveloped sites and, as a result, underestimate detention required to maintain current conditions;
  • Use one-size-fits-all drainage formulas that do not reflect the variation in soils, vegetation and topography across the county; and
  • Only address maximum flow rate, not total runoff volume, meaning the cumulative effect of multiple developments can still increase flood levels. Further, downstream flooding can last longer while multi-day events can have a greater impact even if current requirements are met.

Suggestions to improve current regulations:

  • Increase the default minimum detention requirements set by the City of Houston and Harris County Flood Control District for development sites of all sizes to be a more conservative figure.
  • Allow developers / property owners with sites of any size to provide less than the default minimum detention requirements, provided there is an engineering study, based on field operations, that quantifies pre-development runoff.
  • Install gauges to collect measurable data on runoff in a variety of undeveloped watersheds.
  • Commission engineering studies for the undeveloped portions of Harris County’s major watersheds to understand cumulative effects and determine appropriate parameters.
  • Based on the studies, set specific criteria for the watershed, which could be coordinated across multiple jurisdictions in the watershed.
  • Require evaluation of cumulative effects across entire watersheds.
  • Require evaluation of multi-day events (three, five or seven days) as well as storms lasting a day or less.

Research Paper 2: Development Regulations:

According to the researchers from Kinder Institute for Urban Research Rice UniversityTexas Southern University, and Houston Advanced Research Center, the region can embrace a form of growth and innovation that sees opportunities in rules and systems that encourage resilient growth to avoid placing people and property in harm’s way.

Suggested approach for considering new regulations and policies:

  • Create regulations and policies to ensure both residents and officials understand that there is a range of flood risks both in and outside of current mapped floodplains.
  • Create systems that utilize both green and gray infrastructure elements for public and private infrastructure to maximize our ability to mitigate flooding.
  • Create land use and development policies that minimize future risk and address existing issues rather than relying too much on expensive infrastructure projects.

The report points out that these regulations are instituted and enforced by a variety of jurisdictions and operate within a legal framework set by the Texas Legislature. Changing the framework can require actions at many levels, and no one entity is solely responsible. Keeping the above points in mind and considering best practice research, key report takeaways include:

  • Tailor new developments to avoid at-risk areas in such a way as to keep people and structures from harm’s way and to reduce the number of existing vulnerable residents and structures.
  • Adopt regulations that inform residents about their flood risks and their options to mitigate those risks. This information should be proactively accessible to homeowners and renters both in and out of the mapped floodplains.
  • Provide public funding and programming to assist low-income residents in bringing their older, flood-prone homes up to new standards.
  • Require design standards and development permitting to incorporate broader resilience goals to help facilitate a more resilient region.
  • Implement regulations and design standards to encourage both green and gray infrastructure solutions to maximize our ability to reduce flooding. In order to see their use increased, green infrastructure efforts should be incentivized or even required, as the City of Houston is now studying.
  • Successful stormwater and floodplain management needs to be implemented at the regional level with the cooperation of city, county and regional institutions. Stormwater and floodplain management professionals within these institutions are best suited to put into place new and emerging best practices.
  • Balancing economic goals with regulatory reform can be a struggle. As new data and technology reveal a new picture of flood risks for the Houston region, this balance will likely shift, resulting in the need for a new set of regulatory practices. This report summarizes best practices that are potentially relevant for the Houston region.

A link to both reports can be found at  houstonconsortium.org.

flooding, harvey
See here and here for previous research, and here for the Chron story. I don’t have anything to add, I just hope Commissioners Court and the Lege are paying attention.

Wolfe censured by HCDE

A new episode of the Michael Wolfe reality show.

Harris County Department of Education’s board voted to censure Trustee Michael Wolfe over sexual harassment allegations hours after a state district judge denied his request for a temporary restraining order.

Trustees on Wednesday voted 4-2, with Trustee Don Sumners abstaining, to issue the formal reprimand. Trustee George Moore broke with others in the board’s new majority, of which Wolfe is a part, to vote in favor of the punishment. Moore would not comment about his vote.

At the board meeting, Wolfe said the allegations were politically motivated and he had not had a proper chance to defend himself against such controversial allegations.

“If any of you were in my shoes, you would want your due process in court before being branded a sexual harasser,” Wolfe said. “I’m shocked these allegations have gotten this far, especially in America.”

Wolfe had tried to stop the censure vote Tuesday evening by having his attorney file a petition for a temporary restraining order and arguing for the order Wednesday afternoon.

A state district judge denied Wolfe’s request. Civil Court Judge Steven Kirkland said he was reluctant to get involved in a “political squabble” or to interfere with an elected board’s right to formally punish its own members.

He asked Jared Woodfill, an attorney for Wolfe, whether the censure would result in Wolfe losing his elected position, prevent him from voting on future items or would force him to register as a sex offender. Woodfill said no, but pointed out the official punishment would brand his client as a sexual harasser and could make it more difficult for him to gain future employment.

“There’s no statutory authority for me to interfere with another governmental body and no clear basis for me to jump in and do this,” Kirkland said. “It is not under an authority of the court to interfere with what is, essentially, a political question.”

See here and here for some background. As is usually the case with anything involving Michael Wolfe, you need to read the whole thing, then wash your hands afterwards. Have I mentioned that he’s up for election in 2020? Having him provide opportunities for Jared Woodfill to lose in court is a point in his favor, I’ll admit, but voting him out will still be sweet.

We’re gonna need a bigger meeting room

Seems reasonable.

With a newfound public interest in Harris County Commissioners Court meetings, which at times have been so crowded that would-be attendees have been turned away, court members plan to build a larger chamber.

Commissioners Court [asked] County Engineer John Blount to design a new chamber on the first floor of the county administration building at 1001 Preston. The current chamber, on the ninth floor, has a capacity of 90 people. Blount said a first-floor chamber could fit as many as 220.

“We have to get a better courtroom,” Blount said. “If people had to do it again, no one would ever put the highest-occupancy facility on the highest floor of the building.”

The new chamber would occupy the west half of the first floor, which currently houses some employees of the county tax assessor-collector’s office. The office’s customer service windows on the east half of the floor, where residents can pay taxes or register a vehicle, would remain the same.

Blount said the county could design the new chamber in four to six months and complete construction about a year after that. The work would not affect in-progress renovations on the first floor, which include the replacement of exterior windows and doors. Blount said estimating a cost to build a new chamber would be a “pure guess” at this stage,

“There’s not a lot of structural work. It’s pretty straightforward,” he said.

[…]

The Harris County Precinct 1 Constable’s office, which protects downtown county properties, said a first-floor courtroom would require fewer deputies, spokesman Kevin Quinn said.

Security staff have to perform extra work on the ninth floor, he said, because the metal detector checkpoint is between the court chamber and the elevators to overflow rooms.

“Every time people come back and forth, they have to be re-screened,” Quinn said.

Seems pretty reasonable to me. The existing space is overcrowded, inconvenient, and requires extra security personnel. The proposed new location will have adequate seating for everyone, will be easier for everyone to get to, will require less security presence, and will be inexpensive to construct. Go for it.

Using Beto 2018 to project Beto 2020

The NYT recently took a deep dive into the 2018 election data from Texas, and came out seeing a real swing state, partly because of Beto and partly for other reasons.

Mr. O’Rourke’s close result wasn’t because of an exceptional turnout that will be hard for other Democrats to repeat in 2020. Republican voters, defined as those who have participated in a recent Republican primary, turned out at a higher rate than Democratic ones. Neither the Hispanic nor youth voter share of the electorate was higher than it was in 2016, when President Trump won the state by nine points.

On the contrary, Democrats in 2020 can be expected to enjoy a more favorable turnout because presidential races tend to draw in more young and Hispanic voters. Mr. O’Rourke might have won Texas last November if turnout had been at the level of a contested presidential race, based on an Upshot analysis of Times/Siena poll responses, actual results and voter file data from L2, a nonpartisan voter file vendor.

The data yields an estimate of how every registered voter in Texas would have voted, based on a long list of geographic and demographic factors that predicted vote choice in the Times/Siena polling. Importantly, turnout in 2018 is among those factors, which allows us to fully untangle how much of Mr. O’Rourke’s strength was because of strong turnout among his supporters.

The data indicates that two opposing turnout trends influenced the results. The electorate was older, whiter and more Republican than the state as a whole — or than the 2016 electorate. But an O’Rourke supporter was generally likelier to vote than a demographically and politically similar supporter of Mr. Cruz. This was the pattern nationwide, so it is not obvious that this can be attributed to Mr. O’Rourke specifically; it could have been the favorable Democratic environment more generally.

Either way, the extra turnout boost probably cut Mr. Cruz’s margin of victory by two points.

Mr. O’Rourke might have won with a turnout of around 10 million voters. (The actual turnout was around 8.4 million.) Without the extra edge of a Democratic wave year, it might have taken 11 million votes, a number that is not out of the question in 2020 if Texas is contested as a battleground state.

So how did Mr. O’Rourke fare so well? He did it through old-fashioned persuasion, by winning voters who had voted for Republicans and for minor-party candidates.

[…]

No matter how you explain it, the president’s disapproval rating in Texas would seem to imply that there’s at least some additional upside for Democrats there, beyond what Mr. O’Rourke pulled off. And the president’s far lower approval rating among all adults (as opposed to among registered voters) hints at another opportunity for Democrats: mobilizing unregistered voters. In both cases, Hispanic voters could represent the upside for Democrats.

Mr. O’Rourke’s strong showing had essentially nothing to do with the initial vision of a Blue Texas powered by mobilizing the state’s growing Hispanic population. The Texas electorate was only two points more Hispanic in 2018 than it was in 2012, but President Obama lost the state by 16 points in 2012, compared with Mr. O’Rourke’s 2.6-point loss.

At the same time, Mr. O’Rourke fared worse than Mr. Obama or Hillary Clinton in many of the state’s heavily Hispanic areas, particularly in more conservative South Texas. This could reflect Mr. Cruz’s relative strength among Hispanic voters compared with a typical Republican.

Instead, Mr. O’Rourke’s improvement came almost exclusively from white voters, and particularly college-educated white voters. Whites probably gave him around 33 percent of their votes, up from a mere 22 percent for Mr. Obama in 2012.

I’ve been sitting on this for a little while, in part because of there being lots of other things to write about, and in part because I’ve been thinking about it. I want to present a few broad conclusions that I hope will help shape how we think about 2020.

1. I haven’t tried to study this in great detail, but my general sense since the 2018 election has been that Democratic base turnout could have been higher than it was, and that to carry the state of Texas in 2020, the Democratic Presidential nominee will need to aim for five million votes. Both of these are validated by this story.

2. The other point, about persuasion and flipping people who had previously voted Republican, is another theme I’ve visited a few times since November. Some of the districts that Dems won in 2018 – CDs 07 and 32 in particular – just weren’t going to be won by better base turnout. Better base turnout was always going to be needed, it just wasn’t going to be enough. Remember, in a Presidential year, John Culberson won CD07 by eleven points, and Republican judicial candidates won it by similar margins. There weren’t enough non-voting Democrats to make up for that.

3. The key to the above was Trump, and that statement in the story about “winning voters who had voted for Republicans and for minor-party candidates” (emphasis mine) was the mechanism. CDs 07 and 32 were on the map, as were other districts like SD16 and the Dallas County State Rep districts, because they had been carried by Hillary Clinton. You may recall that I was skeptical of these numbers because it was clear that Clinton won those districts because a number of nominal Republicans just didn’t vote for Trump. It was an open question to me what they’d do in the next election. Clearly, now we know.

4. To be more specific, the not-Trump voters, who include those who voted for Gary Johnson and Evan McMullen and Jill Stein as well as those who actually crossed over to Clinton and those who skipped the race entirely, really did vote for Democratic candidates in 2018, at least in some races. Those candidates included Beto, most of the Congressional Dems, Mike Collier, Justin Nelson, Kim Olson, most of the legislative Dems, and some other downballot Dems. Some Republicans held onto the not-Trumpers – Greg Abbott, Glenn Hegar, George P. Bush, and Christie Craddick – but by and large these people were quite willing to stray. The proof is in the districts where the Trump percentage from 2016 was the ceiling for these Republicans in 2018.

5. Given this, the basis for Texas as a swing state, as well as a Congressional battleground, in 2020, is precisely the idea that these voters will again not vote for Trump, and base Democratic turnout will be higher. Implicit in this is the idea that the not-Trump voters who were also not-Hillary voters will be more inclined to vote for the 2020 Dem, which I think is a reasonable assumption. Dems will have their work cut out for them – we’re talking a million more votes than Beto got, which was 200K more votes than Hillary got and 500K more votes than Obama ’08 got – but the path is clear.

6. For example, Beto carried Harris County by 200K votes, with 1.2 million votes cast. If turnout in Harris is 1.5 million – hardly crazy, assuming 2.4 million registered voters (registration was 2.3 million in 2018), which in turn would be turnout of 62.5%, basically a point higher than it was in 2016 – you can imagine a Dem carrying the county 900K to 600K, which is about where the Republican vote total has plateaued. That’s 20 percent of the way to the goal right there, and it doesn’t even assume a heroic turnout effort.

7. Do I think Democratic turnout in Texas will be better if Beto, or for that matter Julian Castro, is the nominee than if someone else is? Maybe, but honestly I don’t think it would be by much, if at all. I think it really is about Trump more than it is about who the Dem is. Beto was very much the right candidate at the right time in 2018, but I don’t believe 2020 depends on him. I do think Beto as a Senate candidate may well have outperformed any Dem Presidential candidate (with the possible exception of Castro) in 2020, but that’s not the situation we will have. As a Presidential candidate, I don’t think he’d be that much different.

8. Bottom line, keep registering voters, and keep talking to people who haven’t been habitual voters. We’re going to need everyone working together to make this happen.

Bail lawsuit settlement outline taking shape

We should have a final version in a couple of weeks.

A proposed settlement in the landmark Harris County bail lawsuit would significantly change how the county treats poor defendants in misdemeanor cases by providing free social and transportation services and relaxing penalties for missed court dates.

The draft deal includes a number of reforms aimed at ensuring poor defendants arrive for court hearings and are not unfairly pressured into guilty pleas. They would, among other changes: require Harris County to provide free child care at courthouses, develop a two-way communication system between courts and defendants, give cell phones to poor defendants and pay for public transit or ride share services for defendants without access to transportation to court.

“I’m not aware of any county, or city the size of Houston… doing those type of innovative things,” said Mary McCord, a former federal prosecutor who filed an amicus brief in the case on behalf of the poor defendants. “Ultimately, the county is going to save so much money by not keeping these people in jail.”

The proffered agreement would require the county to operate at least one night or weekend docket to provide a more convenient opportunity for defendants with family, work and education commitments. Courts would be barred from charging any fees to poor defendants, defined as those earning less than 200 percent of the federal poverty level, which is about $25,000 for someone with no dependents.

The proposal also would reduce penalties for missed court dates. A defendant could not be deemed to have failed to appear if he arrived in court on the day assigned, even if he was hours late. Defendants would be allowed to reschedule court appearances for any reason at least two times without negative consequences. Judges only could issue bench warrants 30 days after a missed a court appearance, so long as the court already has attempted to contact the defendant with a rescheduled hearing date.

In addition, judges would be required to permit defendants to skip hearings where their presence is unnecessary, such as routine meetings between prosecutors, defense attorneys and judges that do not involve testimony or fact-finding.

At the heart of the 23-page proposed settlement, a copy of which was obtained by the Houston Chronicle, is the codification of a new bail schedule unveiled by the slate of newly elected of criminal judges in January, under which about 85 percent of people arrested on misdemeanors automatically qualify for release on no-cash bonds.

“Our current goal now is to become the model misdemeanor court system in America,” said Harris County Criminal Court at Law Judge Darrell Jordan, a bail reform advocate and the only Democrat on the misdemeanor bench when the case began. “I think the proposals in the settlement, as far as the wraparound services for misdemeanor defendants, is a great step in that direction.”

[…]

Harris County Judge Lina Hidalgo issued a statement late Friday stressing that the proposal is preliminary, and could change.

“We’re working well with the plaintiffs to reach an agreement that will provide a model for bail reform around the country while also being feasible for the county to implement,” she said.

Precinct 2 Commissioner Adrian Garcia said he is eager to negotiate a settlement that balances the needs of defendants against those of victims and county taxpayers. He declined to speak to specific provisions in the proposed settlement, but said he has concerns that some may be too expensive or unrealistic.

“I’ll just say there’s a number of things that immediately hit me like, ‘I’m not sure how we’re going to do that,’” Garcia said.

Precinct 3 Commissioner Steve Radack and Precinct 4’s Jack Cagle panned the proposal, which they said is too broad. The pair of Republicans said it should instead focus on implementing bail rules that ignore a defendant’s ability to pay.

“If my learned colleagues are going to strive for free Uber rides for the accused, I’d strongly advocate we provide the same to victims,” Cagle said.

Just a reminder, for anyone who might be fixating on the Uber rides or childcare aspects of this, the goal here is to get people to show up for their court dates. I would remind you that the alternative to paying for those relatively small things is paying to house, feed, and clothe thousands of people for weeks or months at a time, and that we have been doing exactly that for decades now. And if it’s the Uber thing that’s really sticking in your craw, then I trust you support a robust expansion of our public transit and pedestrian infrastructure so that it’s practical for anyone to take a bus to the courthouse. (Though having said that, if Commissioner Cagle was being sincere and not sarcastic, providing rides to the courthouse for victims who need them seems like a good idea to me.)

Again, just to review. Locking people up who have not been convicted of a crime is (with limited exceptions) wrong. Locking people up who have been arrested on charges that would normally not carry jail time if they were convicted is wrong. Locking people up for technical violations that have nothing to do with the crimes with which they have been charged is wrong. We spend tens of millions of dollars of our tax dollars every year doing these things. This is our chance to spend a whole lot less, and to get better results for it.

Was the McLeod replacement too hasty?

Eh, I dunno.

Judge William McLeod

Republican members of Harris County Commissioners Court criticized their Democratic colleagues for quickly approving a new civil court judge at Tuesday’s meeting who had not been vetted by the full body.

The three Democrats voted to appoint Houston lawyer Lesley Briones to replace County Court at Law Judge Bill McLeod, who inadvertently resigned last week. Briones’ name was absent from the agenda, she had only spoken with the Democratic members and just 36 minutes passed between her nomination and approval.

“This is the least transparent appointment I have ever seen,” Republican Precinct 3 Commissioner Steve Radack said. “The unfairness of the process was overwhelming.”

During the meeting, Precinct 4 Commissioner Jack Cagle held up Briones résumé, which he had been handed minutes earlier, and said he may have supported her if he only had the chance to review it. Instead the vote fell along party lines, 3 to 2.

County Judge Lina Hidalgo, who regularly pledges her administration will be more transparent than those past, defended the process.

Hidalgo said Commissioners Court faces several pressing issues, including responses to two massive chemical fires in recent weeks and a looming settlement in the county’s landmark bail lawsuit. When an assistant county attorney warned court members Tuesday that leaving Judge McLeod on the bench as a holdover judge almost certainly would force him to recuse himself from some cases, Hidalgo said the court needed to choose a replacement.

She said McLeod, not Commissioners Court, had created the predicament.

“I decided for myself it wasn’t going to go beyond this court,” Hidalgo said. She added, “This is something we needed to get done and move on from.”

See here for my initial reactions, and here for some further background. I have some sympathy for the Court here. This was a weird situation, not of their own making. I think most people would agree that inadvertent or not, McLeod did trigger the “resign to run” condition. I suspect as much as anything they just wanted to put this mess behind them, so they went ahead and named a replacement. I get it, but I have to agree that Commissioner Cagle makes a good point. They could at least have had something like a Judicial Committee hearing, to give all the Commissioners some time to know who they were voting on. I would hope this situation will never arise again, but in the unfortunate event it does, let’s take that lesson from this experience.

UPDATE: Stace sums it all up nicely.

Commissioners Court replaces Judge McLeod

Unfortunate, but understandable.

Judge William McLeod

A divided Harris County Commissioners Court declined to give County Court At Law Judge Bill McLeod a reprieve Tuesday after he inadvertently resigned last week, opting instead to appoint a replacement.

Harris County Judge Lina Hidalgo said letting McLeod remain as a holdover judge until a special election for the seat in 2020 was too risky, since he almost would certainly have to recuse himself from cases to which the county was a party, as Commissioners Court would have the power to remove him at any time.

Instead, the court voted 3 to 2 to appoint Houston lawyer Lesley Briones to hold the seat through next year, on the recommendation of Precinct 2 Commissioner Adrian Garcia.

“I think voters deserve a judge who can be absolutely independent, as he was elected to be,” Hidalgo said. “This would put us in the untenable position that he would no longer be an unbiased person, because he would be beholden to Commissioners Court.”

Precinct 3 Commissioner Steve Radack and Precinct 4’s Jack Cagle voted against the appointment. Cagle told Briones he could not support her since the nomination was made just minutes earlier and he did not have a chance to review her qualifications.

Briones, a Yale Law School graduate and general counsel to the Laura and John Arnold Foundation until December, accepted the appointment on the spot.

“I have deep respect for the law and I respect that you made a hard decision, and I respect the consternation in this room,” Briones said. “But know that I will work extremely hard for everyone.”

See here and here for the background. There were some good legal arguments in favor of retaining Judge McLeod, while Judge Hidalgo’s point is worth taking seriously as well. In the end, I didn’t have a strong opinion one way or the other; I think either decision was defensible. JUst a couple of thoughts to keep in mind as we go forward:

– McLeod’s point that the state constitution is incredibly long and arcane is unquestionably true. It’s also kind of disingenuous coming from a judge. More to the point, this is why potential candidates should talk to a political professional or two before making any public statements about running for office, because there are various weird rules related to candidacy that are easy to stumble over if you don’t know what you’re doing. I can think of a dozen people off the top of my head who could have pointed this out to McLeod before he filed his designation of treasurer. You gotta do your due diligence.

– Not to belabor the point, but there’s a reason why basically nobody had been felled by this problem before. As I said in my first post, nearly every story about then-Sheriff Adrian Garcia’s rumored candidacy for Mayor was accompanied by a discussion of how he couldn’t say anything without triggering the resign-to-run provision. Sheriff isn’t judge, but in this case they’re both county positions. One might well wonder if that provision applied to one job, would it apply to another?

– All that said, let’s not get too high and mighty at Bill McLeod’s expense. Yes, this was a dumb and avoidable mistake, but it’s not like this particular cul-de-sac of our word salad that is the state constitution was a cornerstone of our inviolable values as a state. County court judges have to resign to run for another office, but district court judges and appeals court judges don’t. All five Democrats who ran for statewide judicial positions last year were sitting on a bench while running for something else, and last I checked our state didn’t collapse. The fact that Bill McLeod had to resign is a quirk and not a principle, and it’s at least as dumb as McLeod’s unfortunate action. I’m sorry this happened to him. I’m sure we’ll all take the lesson to check and doublecheck whether “resign to run” applies to whatever office one holds before stating an intention to seek another, but maybe we should also take the lesson that these same rules are arbitrary and ought to be reviewed to see if they still make sense. Campos has more.

Using floodplain rules to force environmental safety compliance

A county’s gotta do what a county’s gotta do.

Harris County officials are using flood control regulations passed after Hurricane Harvey to delay the reopening of two chemical companies where fires erupted in recent weeks, killing one worker and sending large plumes of black smoke into the Houston area.

The Harris County Attorney’s office cited the post-Harvey rules on floodplain construction and stormwater drainage in its civil lawsuits against KMCO and Intercontinental Terminals Co., where cleanup is still ongoing after the fires.

“We don’t shy away from going after the biggest, baddest companies out there,” said Harris County Attorney Vince Ryan. “It sends a message to everyone.”

The county is digging through maps and available data to determine if both companies are in a floodplain. The new regulations put chemical facilities that are in a 500-year floodplain under tighter scrutiny.

The drainage rules restrict discharges of hazardous materials into the county’s stormwater system. If a company is found to have discharged hazardous materials, it can be cited by the county. Larger releases could lead to additional legal action.

The floodplain rules apply to more than facilities with fires and toxic releases and can force companies to meet new requirements when seeking to expand or change an existing facility, said Rock Owens, managing attorney for the Harris County Attorney’s environmental section.

The story doesn’t go into detail about what compliance issues there are and how long they may take to resolve. You may be thinking “why doesn’t the county file a lawsuit against these companies to force them to fix their problems?” The answer is that this used to be how things went, but your Texas legislature has taken steps to shackle counties and their enforcement efforts.

But in 2015, the state Legislature started taking away authority from the local governments. Lawmakers approved a bill capping the amount of money a local government could receive from civil penalties sought in environmental cases.

In 2017, another bill passed forcing local authorities to ask permission from the Texas attorney general before seeking penalties. If the attorney general’s office does not file its own suit in 90 days, the local government can go forward with a civil suit.

Lawmakers are currently considering two bills that would restrict local governments even more.

House Bill 3981, filed by state Rep. Jeff Leach, R-Plano, would give the attorney general the authority to settle lawsuits started by the county, without the approval of the county.

House bill 2826, filed by state Rep. Greg Bonnen, R-Friendswood and three others, would let the attorney general prohibit the county from hiring outside attorneys on cases.

“The concern isn’t that the local governments are intentionally causing any problems with these suits, just that a more efficient state-led effort may at times be more desirable,” said Justin Till, Bonnen’s chief of staff.

More desirable for the polluters, that’s for sure. Let’s be very clear, the main reason why bills like these get passed are specifically to muzzle Harris County’s enforcement efforts. (The city of Houston’s efforts were killed by the Supreme Court.) It’s a pollution-friendly Republican Legislature taking care of bad actors, aided and abetted by the business lobby. You know what I’m going to say next: Nothing will change until we change who we elect.

Revisiting El Franco Lee’s campaign finances

There’s still a lot of cash in the late Commissioner’s campaign finance account.

El Franco Lee

When 66-year-old Precinct 1 Commissioner El Franco Lee had a fatal heart attack in January 2016, his campaign account had $3.8 million. Since then, the cash has been managed by Ethel Kaye Lee, the late commissioner’s widow and campaign treasurer. Lee has invested much of the sum in securities, growing the fund at times to more than $4 million. Under Texas law, she has until 2022 to close the account.

Incumbent politicians often leave unspent campaign funds when they lose elections or die in office, but the size of Lee’s account three years after his passing presents a peculiar case. That Ethel Kaye Lee has the sole discretion to spend the fund potentially makes her one of the most powerful donors in Texas heading into the 2020 general election, University of Houston political science professor Brandon Rottinghaus said.

“A few hundred thousand dollars could mean the difference between a Democrat winning and losing,” Rottinghaus said. “She is in a position to exert tremendous political authority and to potentially sway a half-dozen seats all across the state.”

[…]

Under state law, dormant political campaigns must disburse their funds within six years to any of six sources: the candidate’s political party, a different candidate or political committee, the state treasury, a tax-exempt charity, a school or university for a scholarship program or as a refund to donors who gave in the final two years the candidate accepted contributions.

Ethel Lee said in a text message last week “all campaign funds have been allocated for the El Franco Lee campaign account in accordance with the guidelines from the Texas Ethics Commission. Recipients will be noted in the next compliance report.”

Lee did not respond to additional questions about the account. The next campaign reporting period, which covers the first six months of the year, ends June 30. Reports are due to the county clerk’s office two weeks later.

Lee’s campaign has made one political contribution since his death: $100,000 to Democratic attorney general candidate Justin Nelson in 2018. Nelson said he has known Ethel Lee his entire life and was grateful for the donation, which his campaign did not solicit.

Harris County Democratic Party Chairwoman Lillie Schecter said the party would welcome donations from the Lee campaign, but has yet to receive any. Schecter said Ethel Lee does not regularly participate in party events or campaigns.

See here for the background, and here for the January 2019 report. I don’t know what will happen with all this cash, but I don’t expect much of it to be contributed to campaigns. Commissioner Lee was not known for doing that while he was alive. My guess is it will mostly go to schools and charities, which is fine. We’ll know for sure no later than 2022.

Precinct analysis: 2018 SBOE

There are 15 State Board of Education positions, currently divided 10 GOP to 5 Dem. They’re bigger than State Senate and Congressional districts but no one raises any money for them so they’re basically decided by partisan turnout. As with State Senate districts they were not for the most part drawn to be competitive – more like “these are yours and these are mine”. And yet, here we are:


Dist  18 Dem    Beto    Lupe Collier  Nelson   Olson McAllen
============================================================
SB2    53.6%   51.9%   45.3%   50.4%   51.2%   51.1%   49.8%
SB5       NA   54.8%   48.0%   51.8%   53.0%   52.2%   48.9%
SB6       NA   51.5%   44.7%   49.5%   50.3%   49.5%   45.0%
SB10      NA   50.0%   43.7%   47.8%   48.4%   47.5%   45.0%
SB12   47.9%   51.5%   43.7%   48.5%   49.6%   48.1%   44.9%

SBOE2 is the one Democrat-held district in the table above. We’ll need to keep an eye on it during the 2021 redistricting process. SBOE districts were not part of any redistricting litigation in past cycles, but with three competitive seats up for grabs in 2020, which would swing control of the SBOE if Dems sweep them, I have to assume this will get a bit more focus next time around.

SBOE5 was on my radar before the 2016 election. It was carried by Hillary Clinton and is currently held by true believer wingnut Ken Mercer, so flipping it is both well within reach and a nice prize to have. SBOE6 shifted quite a bit from 2012 to 2016, and even more from 2016 to 2018. It’s all within Harris County and overlaps a lot of the turf that moved in a blue direction. As we’ve discussed before, this is coming from people who used to vote Republican turning away from the Trump Party at least as much as it is from new and newly-activated Democrats. That will be key to taking it over in 2020, as the gap in absolute numbers is just too big to overcome on turnout alone. Dems have an announced candidate for SBOE6 in Michelle Palmer; I’m not aware of candidates for other SBOE slots yet.

SBOE10 will be the toughest nut to crack. It gets about two-thirds of its vote from Travis and Williamson Counties, with about half of the remainder in Bell County. Running up the score in Travis, and continuing the red-to-blue transformation of Williamson will be key to putting this district in play, but all those small rural districts combine to give the Republicans an advantage that won’t be easily overcome. I feel like we can win districts 2 and 5 with Trump still winning statewide, but we’ll need a Democratic majority statewide for 10 to truly be in play. I’ll be happy to be proven wrong about that.

UPDATE Former HCDE Trustee Debra Kerner has informed me that she also plans to seek this seat.

Explode, rinse, repeat

Here we go again.

A massive explosion at a chemical plant in northeast Harris County on Tuesday killed one person and sent two others to the hospital in critical condition, sparking a blaze that sent yet another plume of dark smoke into the sky and forcing residents to temporarily shelter in place.

The fire, ignited by a flammable gas called isobutylene at the KMCO chemical processing plant in Crosby, marked the third time in 17 days that a smoggy cloud of smoke emanated from a Houston-area chemical facility.

It is the first chemical fatality at a Houston-area plant since 2016, when a worker died in an incident at PeroxyChem in Pasadena. In 2014, four workers died at a DuPont plant in La Porte.

Responders extinguished the KMCO fire late Tuesday afternoon, while on-scene investigators with the Harris County Fire Marshal’s Office began conducting interviews to determine where the fire started and what caused the gas to ignite.

“There’s a lot of hot metal in there,” said Rachel Moreno, a fire marshal spokeswoman. “Until it’s safe for our guys to go in, they’ll continue doing interviews of everybody that was at work.”

The response will stretch Harris County’s resources, Moreno said, as the fire marshal’s office begins its second major investigation in less than three weeks. The site of an even larger conflagration at Intercontinental Terminals Co. in Deer Park less than 15 miles away on March 17 remains too unsafe for investigators to visit.

[…]

KMCO, a subsidiary of an Austin private investment firm, produces coolant and brake fluid products for the automotive industry, as well as chemicals for the oil field industry. Its facility, which has a history of environmental and workplace safety issues, sits about 13 miles away from the ITC plant, where Harris County officials continued to detect carcinogenic benzene this week.

The KMCO plant is less than three miles from the Arkema facility where a series of explosions spewed chemicals and sickened residents after Hurricane Harvey in 2017.

Let’s talk about that history, shall we?

“As long as I’ve been doing environmental work for Harris County, I’ve been involved in case with this company, either with the previous owner or the current owner,” said Rock Owens, managing attorney for the Harris County Attorney’s environmental section. “And I’ve been doing this for close to 30 years. This company has been around forever causing trouble.”

[…]

On Christmas Eve 2010, a runaway reaction sent three employees at the plant to the hospital. Workers there couldn’t lower the pressure in a reactor and, as they tried to fix a clogged line, they accidentally mixed a caustic solution with maleic anhydride, a normally stable chemical. The result was an explosion and fire. An explosion in 2011 sent two more workers to a hospital.

[…]

Since 2009, KMCO has paid out more than $4 million in fines or criminal penalties to local and federal regulators.

In 2017, the company pleaded guilty to criminal violations of the Clean Air Act filed by the Environmental Protection Agency and was ordered to pay $3.5 million. The violations were in connection to an explosion at its Port Arthur facility and air emissions at the Crosby plant.

The Occupational Safety and Health Administration has issued dozens of violations to KMCO since 2010 and fined the company about $250,000.

The facility is currently not compliant with the federal Clean Water Act. KMCO was in violation of the act for seven of the last 12 quarters, records show. It violated the Clean Air Act three times in the last 12 quarters. EPA data shows the facility also violated the Resource Conservation and Recovery Act in February 2018. That law regulates how facilities handle hazardous and non-hazardous solid waste.

[…]

Harris County first sued KMCO in 1987. The company was ordered to pay $49,750 for violations of the Texas Water Code.

The county sued the KMCO plant in 2008 for spills and fumes that gave neighbors headaches. The lawsuit ended in 2009 with a permanent injunction requiring KMCO to pay $100,000 in civil penalties and to give investigators easy access to the facility and prompt notification of releases.

The county sued again in 2013; that case is still ongoing. Owens said the county attorney’s office is still deciding whether to add Tuesday’s incident to the existing case or bring a separate case against the company.

“While there’s been actions before, it hasn’t been sufficient,” said Luke Metzger, executive director of Environment Texas, an environmental advocacy group. “We should, in the 21st century, be able to prevent these kinds of things from happening.”

A Houston Chronicle report from 2016 found that there’s a major chemical incident every six weeks in the greater Houston area.

You’d really like to think that we could prevent this kind of thing from happening, wouldn’t you?

Sunday, this editorial board demanded that state officials hold polluters accountable — and not just after a disaster.

We didn’t expect to be repeating ourselves so soon.

But this is what happens in a state where environmental regulators are toothless tigers. Where the TCEQ trusts polluters to police themselves — in part out of necessity, since lawmakers don’t adequately fund the agency. Where violators avoid sanctions and routinely endanger Texans’ health without our knowledge. Where Gov. Greg Abbott and Attorney General Ken Paxton talk tough, maybe even file a lawsuit after an incident makes headlines, but look the other way when the smoke clears.

At this rate, the smoke will never really clear. There will be another fire. And another.

Another round of parents fearing for their children’s safety. Another community fearing the effects of chemicals and pollutants they can’t pronounce. Another black eye to Houston’s already bad reputation as a place where one shouldn’t breathe too deeply, a place where profits outweigh concern for public health.

As we’ve pointed out, Texas facilities in 2017 reported releasing more than 63 million pounds of unauthorized air pollution — including chemicals linked to cancer, heart attacks and respiratory problems, according to a report by Environment Texas. But, in the past seven years, TCEQ issued fines in less than 3 percent of such events.

“These repeated, disastrous fires and explosions can no longer be called isolated incidents,” Luke Metzger, director of Environment Texas, told the editorial board Tuesday. “The Texas petrochemical industry has a serious, chronic problem, and Texas workers and citizens are paying the price. How many people have to die, get hurt, get cancer or suffer respiratory failure before the state takes this seriously and overhauls our broken system of oversight?”

Texans, these are questions for Abbott and our other state leaders. It’s up to us to demand the answers.

The only way to get the answers you need is to vote for those who will give them to you, and against those who won’t. If the choices aren’t clear by now, I don’t know what to tell you.

More on McLeod

Here’s the Chron story on the bizarre accidental judicial resignation.

Judge William McLeod

The Harris County attorney’s office was notified in March that Judge Bill McLeod, a Democrat presiding over Harris County Court at Law No. 4, had filed a transfer of campaign treasurer appointment with the Texas Ethics Commission stating he was seeking the office of chief justice of the Texas Supreme Court.

Unbeknownst to McLeod, this filing triggered Article 16, Section 65 of the Texas Constitution which considers such an announcement by anyone holding a county judicial post an automatic resignation.

“This is insane,” McLeod said Wednesday. “All of the judges are going, ‘You did what? How? We didn’t even know (the constitutional provision) existed.’”

McLeod, who was elected in November, hopes that a different provision of the constitution will help rectify his mistake. Article 16, Section 17 states that a county Commissioners Court is not required to appoint a successor after a county officer resigns, and “may allow the officeholder who resigned…to remain in office” as a holdover. If this happens, McLeod would have to run again in 2020 even though he was elected to a four-year term.

[…]

McLeod is not the first judicial officer to fall victim to this provision. In 2013, Irene Rios, then a Bexar County (San Antonio) court-at-law judge, told county commissioners she intended to run for chief justice of the 4th Court of Appeals, triggering her automatic resignation. Rios remained in her seat for four weeks after her announcement before tendering her letter of resignation, and she continued to make legal rulings during that time.

A 1999 amendment to the Texas Supreme Court judicial code of conduct further affirms that judges can continue to hold judicial office while being a candidate for another judicial office.

[…]

Rodney Ellis, a Democratic commissioner, was noncommittal on McLeod’s future, stating: “I firmly believe that any action taken by Commissioners Court on this matter must uphold the Texas Constitution above all else and that principle is what will ultimately guide my decision on Tuesday.”

Commissioner Adrian Garcia and a spokeswoman for County Judge Lina Hidalgo, the two other Democrats on the court, did not respond to requests for comment.

Republican Commissioner Steve Radack said he would not be receptive to appointing a holdover for a judicial post.

“If he’s resigned then how can you justify having him as a holdover?” Radack said. “That’s certainly not the spirit of the law.”

See here for the background. As the story notes, the judicial code of conduct doesn’t override the Constitution, it just allows judges that aren’t subject to that Constitutional provision to run for other office while remaining on the bench. If you look at Chapter 16, Section 65, all the offices in question are county offices except for District Attorney. It’s a quirk of the code that’s surely a holdover from an earlier time (note the inclusion of public weighers), and when you think about it there’s no real logic to limiting that restriction to just those offices. But that’s the Constitution we have, so here we are.

As to what happens, who knows? Either three Commissioners agree with the argument that it doesn’t make sense to kick McLeod off the bench, thus allowing him to hold over till the 2020 election, or they don’t. Note that if McLeod has his sights on the Supreme Court, he would have to step down after 2020 anyway, as he wouldn’t be able to run to fill the remainder of his term. It’s a coin toss either way, and I don’t envy any member of Commissioners Court the decision.

UPDATE: The Washington Post covers the story, reprinted by the Trib.

UPDATE: Here’s a detailed legal argument in favor of retaining Judge McLeod, sent to me by Adam Milasincic. It’s pretty persuasive.

Please delete April Fools Day from your calendar

I just can’t.

Judge William McLeod

An April Fools’ Day resignation prank? One Texas civil court judge wishes it were so.

A newly elected judge in Houston accidentally resigned on Monday, according to local media and a county official, after he shared plans online to run for the state supreme court, apparently unaware that the Texas constitution considers such an announcement an automatic resignation.

The Harris County Civil Court judge, Bill McLeod, did not immediately respond to a request for comment on Tuesday. Local TV station KHOU 11 News on Monday reported that McLeod declined to comment on the move.

Article 16, Section 65, of the state’s constitution says that a judge’s announcement of candidacy for another office “shall constitute an automatic resignation of the office then held.”

The county attorney’s office will present the matter to county commissioners next Tuesday, First Assistant County Attorney Robert Soard said in a phone interview on Tuesday. County commissioners, who can appoint replacements, may decide to keep McLeod in office until there is a special election, KHOU 11 reported.

The judge’s supporters have organized on social media using the hashtag #IStandWithMcLeod. They plan to attend the commissioners’ Tuesday meeting and express their wish that the judge retain his office despite his blunder.

Here’s Judge McLeod’s Facebook page, where I assume this accidental resignation happened. I tried looking for that post, but there were too many posts in support of him to scroll past, so I gave up. Judge McLeod was one of the more energetic campaigners, both in real life and on social media, in 2018 and I’m not at all surprised that people are rallying to his defense. Commissioners Court has the discretion of allowing him to stay in place until the next election, essentially serving as his own appointed interim successor. If he’s lucky, he’ll just have to run again in 2020 – he should have no trouble winning if that happens – and then can run for re-election as usual in 2022. This KHOU story doesn’t mention the April Fool angle, so I’m not really sure if this was a joke that didn’t land or just a foolishly early announcement with unexpected consequences. Either way, it wasn’t the best idea anyone ever had.

(Just so we’re all clear, the Constitutional provision cited in the story applies to the following offices: District Clerks; County Clerks; County Judges; Judges of the County Courts at Law, County Criminal Courts, County Probate Courts and County Domestic Relations Courts; County Treasurers; Criminal District Attorneys; County Surveyors; County Commissioners; Justices of the Peace; Sheriffs; Assessors and Collectors of Taxes; District Attorneys; County Attorneys; Public Weighers; and Constables. That means that among other things, it does not apply to District Court judges or appeals court judges, which is why the Democratic candidates for Supreme Court and the Court of Criminal Appeals in 2018, all of whom were sitting District Court judges in Harris County, did not have to resign. Remember how long there was speculation about Adrian Garcia running for Mayor in 2015 before he ever said anything? That was because he had to resign as soon as he did say it. Let’s all be aware of these things going forward, OK? Thanks.)

UPDATE: Here’s a legal defense of Judge McLeod’s actions. It’s more complicated than it first appears.

Marijuana diversions

Good progress so far. What can we do to build on it?

Kim Ogg

The Harris County District Attorney’s Office estimated on Friday that it’s saved $35 million and arrested 14,000 fewer people since the start of a program to divert low-level marijuana offenses.

The announcement marked the two-year anniversary of the initiative, which allows misdemeanor anyone caught with less than 4 ounces of marijuana to avoid an arrest, ticket or court appearances if they agree to take a four-hour drug education class.

“We know we have reduced the arrest rate,” Harris County District Attorney Kim Ogg said at a news conference Friday morning. “That gives law enforcement more time to answer serious calls.”

The initiative launched in early 2017 was one of Ogg’s first steps to reform, earning her accolades among criminal justice reformers and marijuana activists. Since then, the program has expanded to include parolees and defendants on probation – but still some experts have questioned whether the initiative, and Ogg’s office, could go further.

“Compared to past district attorneys in Harris County, Kim Ogg’s record looks promising,” said criminal justice expert Scott Henson, with the nonprofit Just Liberty. “Compared to so-called ‘progressive’ district attorneys at the national level like Larry Krasner in Philadelphia, she looks very moderate.”

Before the program started, Harris County law enforcement agencies typically filed around 10,000 misdemeanor weed cases per year, officials said Friday. Since the program began, that number has dropped to about 3,000 people per year.

[…]

[HPD Misdemeanor Division Chief Nathan] Beedle suggested that Ogg’s office isn’t getting enough credit for the progressive shift in marijuana prosecutions, but reformers like Henson have advocated for dropping marijuana prosecutions across the board – whether or not the would-be arrestee successfully completes an education class.

“In a time when 10 states have already legalized fully, I think that marijuana diversion is probably looked at as less aggressively reformist than it would have been 10 or 15 years ago,” Henson said. “I mean, Greg Abbott thinks it should be charged as a Class C misdemeanor. So she’s not that far out of line with centrist opinion.”

I’m not as inclined to give Abbott credit for his belief. Nothing has passed the Lege yet, and Dan Patrick remains a significant obstacle to any reforms. It’s good that Abbott himself isn’t an obstacle, but let’s hold off on the plaudits till something gets done.

That said, I take Henson’s point that while diversion has been a big change here in Harris County, it’s not on the leading edge of reformist thought anymore. So, while we can be glad for the progress that we’ve made so far, it’s fair to ask what comes next. What can we do to push these arrest numbers down further? What do we need to do to drag the more recalcitrant law enforcement agencies within the county along? What’s the next opportunity once marijuana arrests are mostly a thing of the past? These are the questions we need to be asking and answering.

County Attorney investigating Wolfe

Good.

The Harris County Attorney is investigating a report alleging that a Harris County Department of Education Trustee Michael Wolfe sexually harassed a job applicant and retaliated against her when she refused to date him.

In a letter dated March 5, Vince Ryan asked Harris County Department of Education Superintendent James Colbert Jr. and Board President Josh Flynn to preserve documents related to the allegations and subsequent third-party investigation against Wolfe. Ryan wrote that the review would be completed “within a few weeks.”

Robert Soard, first assistant attorney for the Harris County Attorney’s Office, said Thursday that two senior attorneys are handling the inquiry, which could take several more weeks. He said their work includes reviewing an already published third-party investigation into the allegations, double-checking some points in that report and taking action they deem appropriate. If warranted, Soard said, they could have the authority to remove Wolfe from office.

“I can’t say this would qualify,” Soard said. “But certainly the report… raises questions that need to be reviewed.”

Meanwhile, an attorney representing Wolfe sent a letter to HCDE trustees and Colbert on Wednesday informing them Wolfe would sue if they moved forward with a vote to censure the longtime Republican operative.

Attorney Jared Woodfill said Thursday that attempting to brand Wolfe as a sexual harasser without sworn affidavits or depositions, and only relying on a 15-page third-party investigation that lacked official documentation, would unfairly damage his client’s reputation.

“It’s outrageous to me they would make these types of allegations and not do more to dive into what the truth is before brand someone with this label,” Woodfill said.

See here for the background. Hey, if you’re worried about unfounded accusations against Michael Wolfe, then surely you’re happy to have an official investigation into those allegations. I’m perfectly willing to reserve judgment until the County Attorney presents a report. Not that this should affect how you vote in the HCDE races next year – Michael Wolfe has now twice demonstrated that he is completely unfit for this, or any, office. But one way or the other, we’ll get some clarity on what may have happened in this case.

TCRP report on Texas election administration problems

From the inbox:

Today the Texas Civil Rights Project (“TCRP”) released a report—utilizing data from the largest non-partisan Election Protection effort in the state, provisional ballot data, as well as publicly available information—to analyze the the long-standing failures in Texas election administration infrastructure.

According to the report, Texas Election Protection 2018: How Election Administration Failures Impacted Hundreds of Thousands of Voters, election administration issues impacted, at a minimum, 277,628 voters — a number higher than the margin of victory in Texas’ closely watched Senate race.

“Across Texas, the 2018 election brought a surge of civic engagement energy. We saw record-breaking voter registration and turnout rates in almost every county. Unfortunately, Texas’ election administration did not keep up with voters,” said Emily Eby, report author and staff attorney with the Texas Civil Rights Project. “Through our Election Protection efforts, we heard directly from voters about the problems they encountered in the voting booth due to the state’s unwillingness to bring our democracy into the 21st Century. There is an urgent need for Texas to reform its antiquated election infrastructure immediately and this report sheds light on how many voters were harmed by the state’s election administration failures.”

The 2018 general election saw a wave of renewed civic engagement and democratic participation that swept across the state. Voter registration surged to 79.36% of the citizen voting age population, the highest percentage in Texas since the 2004 presidential election. Of those registered in Texas, 53% turned out to vote (up 20% from the 2014 midterms and the highest in a Texas midterm election since 1970). Despite this renewed wave of civic engagement, Texas’ election administration failed voters.

Findings from the report revealed:

  • Late poll openings, including at least 1,512 voters who had their voting rights curtailed by late openings in Harris County alone.

  • Long lines at polling places, including a three-hour wait time in a polling location in Corpus Christi during Early Voting.

  • At least 262,647 eligible college students lacked an accessible place to vote on their college campuses.

  • Early registration deadlines, overwhelming county administrators who had to process all of the paper applications one-by-one.

  • Noncompliance with federal voting rights laws, including at least 753 voters who were disenfranchised because Texas refuses to comply with the National Voter Registration Act.

  • Provisional ballot problems, including at least 10,831 eligible voters who cast ballots that did not count simply because the voter was in the wrong place on Election Day.

  • Voter intimidation, such as when Alan Vera, a Harris County resident, allegedly attempted to disenfranchise some of his fellow Houstonians by delivering over 4,000 voter challenges to the voter registrar’s office.

  • Voting machine malfunctions, such as the Hart eSlate voting machine malfunction that switched straight-party votes in the Texas Senate race. At least 1,885,066 voters were susceptible to the Hart eSlate machine error.

In addition to highlighting the issues in Texas’ election administration infrastructure, the report recommends key solutions for local, state, and federal policy makers to address the systemic failures before the 2020 election — when voter registration and turnout are expected to reach record levels once again.

The landing page with another summary of the report is here, and the full report is here. Some of the Harris County problems will be ameliorated by the election of Diane Trautman, like when and how long polling places are open. Some issues, like college campus voting locations, are only now getting visibility and can be worked on locally, as was the case last year in Prairie View. Some issues, like expanded voter registration, will require legislative fixes, which very likely means a Democratic takeover of state government; there may be a bipartisan bill in the House for same day registration, but I can’t imagine a scenario in which Dan Patrick or Greg Abbott let such a thing become law. It all starts with winning more elections. The Chron has more.

Harris County sues ITC over Deer Park fire

Go get ’em.

Harris County has sued Intercontinental Terminals Co. for failing to prevent a massive chemical fire that burned for more than 60 hours last week and spewed an unknown volume of hazardous chemicals into the air and nearby waterways.

The county is seeking a temporary injunction and restraining order against the company, alleging that it violated the Texas Clean Air Act and the Texas Solid Waste Disposal Act, among other rules.

The lawsuit accuses ITC of violating the state’s water code, health and safety code and administrative code on multiple days, by “causing suffering or allowing the discharge of at least one air contaminant without a permit and in such concentration and or such duration as to be injurious to human health, welfare or property, or as to interfere with the normal use and enjoyment of property.”

[…]

First Assistant County Attorney Robert Soard said his office will hire an in-house auditor to review ITC’s actions during and after the fire.

Soard also said Harris County will demand ITC cover the cost of the government’s response, which included frequent air and water monitoring, mobile clinics sponsored by the health department and an ongoing activation of the county’s Office of Emergency Management.

You can see a copy of the lawsuit here in the updated version of the story. I hope the county collects on every last penny. These guys need to be held accountable for their failures. Yes, I know, there is a state lawsuit as well, but this is about reimbursing Harris County, in the same way that your insurance company collects from the other guy’s insurance company when the other driver is found to be at fault in your fender-bender. If ITC doesn’t like it, they can do a better job of fire prevention in the future.

Meanwhile, on a semi-related note:

Harris County Judge Lina Hidalgo has been holding continuous press conferences on the Intercontinental Terminals Co. fire in Deer Park, delivering updates in both English and Spanish.

Despite the effort to communicate with Hispanic viewers, one area commissioner publicly criticized her use of Spanish during a recent press conference.

“She is a joke,” Chambers County Precinct 2 Commissioner Mark Tice said in a comment under a live feed of a press conference Monday afternoon. “English this is not Mexico.”

Tice admitted to making the comment Tuesday afternoon during a phone interview with Chron.com. He also doubled down on the message.

You know the old bit about how every New Yorker cartoon could be captioned “Christ, what an asshole!”? Well, as of today, anything Mark Tice says can be responded to by saying “Christ, what an asshole!” as well.

UPDATE: Tice has apologized following some blowback. My assessment of him has not changed.

Still lots of houses at risk of flooding

This is going to take a long time to really mitigate.

A new study is raising concerns that restrictions on new construction put in place after Hurricane Harvey could leave low-income residents with fewer choices for affordable housing.

More than 475,000 people in Harris County live in multifamily units at risk of flooding, according to the study released Thursday by the Greater Houston Flood Mitigation Consortium. The group includes the University of Houston, the Kinder Institute and the Local Initiatives Support Corporation, among others. Even without the flooding risk, units are becoming less and less affordable.

“The issue of flooding and the issue of affordable housing are very connected,” said Christof Spieler, the consortium’s project manager. “We have a lot of Houstonians who are in the difficult position where the housing they can afford is the housing that puts them at risk of flooding.”

In Harris County, 26 percent of all multifamily units — buildings with two or more units — are currently located within a flood-risk area. After Harvey, Houston leaders passed an ordinance known as Chapter 19 that requires elevation for rebuilding in the flood plain. The down side, according to the consortium, is that this requirement may lead to the loss of affordable multifamily units in the floodplain.

“Chapter 19 has the best interests of people in mind, but I just don’t think that we really thought through the potential impact on multifamily units,” said study co-author Susan Rogers, the director of the University of Houston’s Community Design Resource Center. “I don’t think any of us want to encourage apartment owners to continue to renovate and put people in (apartments) clueless of what could happen to them.”

While most of the multifamily units in Houston that are being rebuilt were permitted before the ordinance took effect, researchers heard through focus groups that property owners are worried about what will happen after the next storm.

“If you’re trying to keep affordable units, but safe and not-falling-apart units, you don’t want reputable property owners to either go bankrupt and abandon their properties to the kind of ‘owner of last resort’ who will potentially not bring things back up to where they should be,” said Kyle Shelton, director of strategic partnerships at Rice University’s Kinder Institute and another of the study’s lead authors.

The press release is here, the full report is here, and Mayor Turner’s response to this report is here. All of the Consortium’s research is here if you need to read more. I don’t have much to add to this, just that if we want to make good policy decisions to fix the mistakes of the past and prevent making more of them in the future, we really need to understand the full scope of the issues. I’m glad we have this group doing that work for it.

An overview on bail reform

From Mother Jones, a look at how bail reform is progressing in Harris County. I’m going to focus on the part about the second bail-related lawsuit, which covers felony arrests.

A federal judge in Harris County is currently considering a case that would transform the way bail is set for people charged with felonies, a population that comprises the vast majority of people in jail awaiting trial.

The lawsuit, filed in January by civil rights groups against the county and its sheriff, argues that detaining felony defendants simply because they can’t afford bail discriminates against the poor and often forces them to take guilty pleas just to get out faster. The suit asks the court to stop the practice of jailing people who aren’t a threat to public safety prior to trial only because they can’t pay. According to the suit, in 2017, up to 85 percent of those arrested for felonies were booked into jail because they couldn’t make bail.

[…]

The settlement [in the misdemeanor case lawsuit] was a watershed moment. “I don’t think we can understate the cultural significance,” says Alec Karakatsanis, who was a lawyer with Equal Justice Under Law when the case was settled and is now an attorney with Civil Rights Corps. Although other counties and states have similarly reformed their bail systems—California abolished cash bail last year, and Washington, DC, largely did away with the practice decades ago—Harris County’s size makes the victory particularly significant.

And while the settlement details were being ironed out, the same lawyers from the misdemeanor case filed the felony suit.

“Once we were having very constructive, productive discussions with the new misdemeanor judges about a final settlement, we realized it was time now to move on to the next piece of the problem,” said Neal Manne, an attorney representing the plaintiffs in both lawsuits.

The felony case, a class action, was filed on behalf of three men who had been charged with nonviolent felony offenses, including driving under the influence and drug possession. The men were assigned bail amounts between $15,000 and $30,000. None of them could pay, and two of them remain detained since being brought into custody in mid-January. (The other made bail after about two weeks in jail.) Like the misdemeanor case, lawyers for the plaintiffs are arguing that such a bail system discriminates against poor inmates who are otherwise low risk.

But if the misdemeanor case was a big deal, the case currently in front of the court will be a game-changer. As of March 2016, misdemeanor defendants comprise only about 8 percent of the county jail’s pretrial population—felony defendants, meanwhile, account for the rest. In fact, 77 percent of the entire county jail population, or approximately 6,000 people, at any given time are felony defendants awaiting trial, most of them for nonviolent offenses. And like people charged with misdemeanors, most of the defendants in jail for felony charges are stuck there because they can’t afford a bond. Although there are no national figures available on how many people are in jail because they can’t pay, data from the Prison Policy Initiative says that every day, 465,000 people are held in jail pretrial, and the organization estimates that hundreds of thousands of these people are there because they can’t afford bail.

If the district court sides with Karakatsanis and his clients, Harris County would be one of the largest in the country to severely limit the use of cash bail. The parties will be negotiating a settlement over the next several weeks, and Manne said he’s optimistic those talks will result in a similar outcome as the misdemeanor suit.

See here and here for some background. The story does not note that there are bills filed in the Legislature that would implement much of the reforms from the Harris County lawsuit statewide. Harris County was a watershed here not just because it’s the biggest county, with the biggest jail population, but also because for the most part, the other big counties have not taken similar action yet. The precedent this lawsuit set will certainly affect any future and current lawsuits in other counties, whether or not the proposed bills pass. There of course remains some resistance to the whole thing, but that is by this point a diminishing position. I look forward to seeing how the negotiations over the felony bail lawsuit turn out.

The Harris County poll you didn’t really need

From the inbox:

Sponsored by HRBC, a survey was released today that reveals many insights into Harris County voters and their feelings towards political leaders and important issues facing Harris County.

“While Harris County voters feel very differently about various leaders and issues, they overwhelmingly believe that our home is a leader in job creation because of its low taxes and regulations,” said HRBC Chairman Alan Hassenflu. “HRBC looks forward to its continued work with state and local leaders to ensure our region and state remains an economic powerhouse,” continued Hassenflu.

The survey was conducted by Ragnar Research Partners, February 24 through February 26, 2019 by telephone, including landlines (28%) and cell phones (72%). Interviews included 400 Likely Voters (LVs) across Harris County. Quotas on age, gender, education, ethnicity, and region were used to ensure a representative distribution. The study’s margin of error is ±5%.

“Generally, we see that voters have a positive outlook for Harris County which is reflected in the optimistic attitudes towards the County’s continued economic prosperity. The voters believe that Texas continues to head in the right direction, but they have a differing opinion on the state of the Nation,” said Chris Perkins, Partner at Ragnar Research.

Click link to review full survey results:

https://houstonrealty.org/wp-content/uploads/2019/03/HRBC_Harris-Co_Memo_vF_190320.pdf

HRBC is the Houston Realty Business Coalition, a group that tends to endorse conservative candidates in city elections; Bill King, Bill Frazer, and Mike Knox were among their preferred candidates in 2015. I’d not heard of Ragnar Research Partners before, but Chris Perkins is a longtime Republican operative who’s shown up on this blog before. He was once part of Wilson Perkins Associates, now known as WPA Intelligence. I tell you all this not to convince you that their data is junk, just to let you know who you’re dealing with.

As for the poll results, I’d take them with a modest amount of salt. Greg Abbott has a 52-36 favorable split in the county, which didn’t stop him from losing the county to Lupe Valdez 52-46 in 2018, while County Judge Lina Hidalgo was largely unknown to respondents. (That didn’t stop 65% of them from disagreeing with Hidalgo hiring some New York-based consultants, with her campaign’s money (not mentioned in the question, by the way) after the election, even though I’d bet my annual salary against Chris Perkins’ that basically nobody had even heard of that before being asked the question.) Donald Trump, on the other hand, was at 39-60 in favorability, which let’s just say is not good and does not bode well for Republicans in the county in 2020. And even though they did their best to tilt the question by associating it with Nancy Pelosi, more respondents preferred Pelosi’s position on the border wall.

Earlier in this post I said I wasn’t trying to convince you that this pollster is shady. Well, let’s revisit that. Here, from the full results page, is one of their “local issues” questions:

Bus Services Are Preferred
Likely voters are split initially on whether building an additional twenty miles of light rail is the best use of $2.45 billion dollars. However, when given the choice, a majority of voters are more likely to agree prefer BRT and providing more express commuter bus service over building more light rail tracks.

Seems straightforward enough, right? Now here are the questions they actually asked:

Question Asked:
20 mi Light Rail: Do you agree or disagree that building an additional twenty miles of light rail is the best use of two point four five billion dollars to help address Houston’s transportation needs?

BRT vs Light Rail: Please tell me which point of view you agree with the most. Some people say, Metro should build more light rail. Other people say, Metro should make fares free and provide more express commuter bus service to job centers other than downtown.

Emphasis mine. That’s not the same choice as they presented it above. I’m not some fancy professional pollster, but it seems to me that if one of your choices is something for free, it’s going to get more support than it would have without the free stuff, and more support than something else that isn’t free.

Anyway. I don’t know what motivated a poll of the county this far out from any election, but more data is better than less data. Even questionable data from questionable sources has some value.

Hogs in the city

Too close, y’all. Too close.

If you have noticed more feral hogs in your Houston-area neighborhood recently, you are not alone. Neighbors across the Greater Houston report the wild animals are more frequently making their way into their subdivisions and streets, leaving properties destroyed in their wake.

The Houston area is not unfamiliar with the battle between feral hogs and residents; last year the Chronicle reported hogs were disrupting neighbors in Liberty and San Jacinto counties; taking over Spring, Tomball and Cypress areas and driving neighbors in the Woodlands insane. 

The hog epidemic is a problem particularly in Texas; the state’s estimated feral hog populations are in excess of 1.5 million, according to the Texas Parks and Wildlife Department.

In 2017, feral hogs created an estimated economic toll exceeding $1.5 billion in the U.S. In Texas, it is estimated they cause $52 million in agricultural damages every year, according to the Texas A&M Natural Resources Institute.

Steven Horelica, co-owner of Deep South Trapping, a Texas-based hog trapping business, said the Houston area has seen a significant increase in feral hog sightings. He has trapped pigs all over suburban areas in Houston, including Kingwood, Missouri City, Cypress and Liberty.

Over the last few years, the number of hogs he has trapped has increased significantly, from 742 in all of 2016 to 1387 in 2018. So far in 2019, he has already caught 306 hogs.

“Instead of being out in rural agricultural land, they are starting to move into subdivisions and cities,” Horelica said. “It is starting to affect everybody, not just farmers or ranchers.”

Now to be sure, feral hogs have been seen in Kingwood and the Woodlands, as well as western Harris County, for several years. They’re just getting more numerous, which is pretty much the core competency of these buggers. And unlike in rural areas, shooting them with automatic weapons from helicopters is frowned upon in the suburbs. All I know is if they ever make it into downtown Houston, we may as well surrender and hand over control of the state to them. Let’s hope it doesn’t come to that.

Harris County settles ADA voting rights lawsuit

Chalk up another accomplishment for our new county overlords.

The U.S. Department of Justice will monitor Harris County elections, at county expense, for up to four years under the settlement of a federal lawsuit over inadequate access to polling places for voters with disabilities.

Commissioners Court approved the 15-page settlement during at its regularly scheduled meeting Tuesday. The item originally was designated for a closed-door executive session, but court members simply agreed to First Assistant County Attorney Robert Soard’s recommendation they sign off on the deal.

Under the agreement, Harris County will have to make minor accessibility improvements to as many as 300 of its 750 regular voting sites, hire two outside election experts to supervise balloting and designate an in-house Americans with Disabilities Act compliance officer. The county does not have to concede it has violated the ADA in past elections.

“It’s a fair settlement,” Soard said. “It’s a reasonable way to conclude this litigation.”

Toby Cole, a quadriplegic attorney who almost exclusively represents wheelchair users, said the settlement and extended federal supervision are essential because disabled voters often are reluctant to complain about problems they encounter.

“They don’t want to make a huge fuss,” Cole said. “So, you don’t vote the first time, then the second time. We cut things out of our lives already, and voting is one more thing to say is too difficult.”

County Judge Lina Hidalgo said after the meeting she is confident the county will be able to show the federal government much sooner than four years it is capable of running an election in which each polling place meets ADA guidelines.

“We’ve got a court, and a county clerk, and a county attorney that are committed to equitable access to elections,” Hidalgo said. “We’re all working to make sure we adhere to that settlement.”

[…]

Monica Flores-Richart, whom County Clerk Diane Trautman hired in January as the county’s ADA compliance officer, said the office will re-examine each polling place. In most cases, she said problems can be identified and addressed quickly.

“We’re not talking about permanent improvements,” Flores-Richart said. “If there’s a gap of a certain size in the sidewalk, you need to put a mat down. Those are the kind of things we’re talking about.”

The settlement requires the county to submit a new ADA compliance plan to the Justice Department within 120 days. The county also must hire at least 20 contractors, or use county employees, to monitor each countywide election.

See here, here, and here for the background. I’ve expressed a modicum of sympathy for the County Clerk in the past regarding this litigation, which was filed in August of 2016 following a letter of finding in 2014, but if this is all it took to settle the case, I have to wonder why it took so long. Well, okay, I know the answer to that, and it has to do with whose picture you see when you load up the harrisvotes.com website. But seriously, this should have been wrapped up long before now. Be that as it may, kudos to all for getting it done. I share Judge Hidalgo’s confidence that Harris County can complete the terms of the settlement in less than the time allotted. The Trib has more.

Vote centers approved for Harris County

From the inbox:

Diane Trautman

Today, Texas Secretary of State David Whitley approved Harris County as one of six Texas counties with a population of more than 100,000 to participate in the Countywide Polling Place Program. With over 2 million registered voters, this makes Harris County the largest county in the country to implement this program. The state program allows eligible counties to establish non-precinct based Election Day Voting Centers.

“The voters of Harris County have made it clear that a Countywide Polling Place Program would have a positive impact on elections and I am confident that the transition to a Countywide Polling Place Program will be successful”, announced Harris County Clerk Dr. Diane Trautman.

Voters will now be able to vote anywhere in Harris County on Election Day, beginning with the May 4, 2019 Joint Election. All elections, including general, special, joint, primaries, and runoffs will be recommended to use the Countywide Polling Place Program.

“The Countywide Polling Place Program will allow more Houstonians to exercise their most precious right, the right to vote”, stated Dr. Trautman.

Voters can find more information on the Countywide Polling Place Program by visiting www.HarrisVotes.com or by calling the Harris County Clerk’s office at 713.755.6965.

See here and here for the background. The Vote Centers section of the County Clerk page is here, and the plan outline is here.

The Chron story has more:

Proponents of the countywide system tout it as a way to boost voter participation. Supporters also say it eventually could cut election costs because counties can replace smaller precinct sites with larger voting centers. More than 50 Texas counties successfully have implemented the countywide program, including neighboring Fort Bend and Brazoria, and some have seen an uptick in voter participation.

Trautman has said she would start by using the county’s 46 early voting locations as Election Day voting centers, in addition to traditional precinct polling sites, which she would not close before first seeking the approval of residents.

Jay Aiyer, a Texas Southern University political analyst, said Trautman should wait at least a few election cycles before removing any precinct sites to avoid disenfranchising voters.

“Harris County is basically a state,” Aiyer said. “So, what we’re talking about is a pretty fundamental change of an electoral process for an area, or at least a population base, that’s larger than 25 states.”

Some concerns, Aiyer said, include the vast length of Harris County’s ballot and the lack of straight-ticket voting in 2020, the first time Texas voters will be without that option. The change likely will create longer lines at the polls, Aiyer noted.

Harris County Republican Party Chair Paul Simpson decried the move, contending that Trautman, “in a rush to revamp Harris County voting,” is using unreliable technology that would actually depress turnout.

“Trumpeting her new system as voter-approved, Ms. Trautman, in fact, hand-picked groups to support her voting center scheme despite the risk it poses to all Harris County voters,” Simpson said in a statement. “Her unproven voting center scheme might work in a smaller county. But in the large and diverse community of Harris County, it risks vote dilution and discouraging, confusing, and disenfranchising countless voters on election day.”

Lubbock County became the first in Texas to run a countywide polling operation in 2006, under what was then a pilot program enacted by the Legislature. Since then, state lawmakers have made the program permanent, and Travis County, with about 788,000 registered voters as of the November midterms, is the largest Texas county to use the voting centers.

Trautman deliberately sought state approval before the May elections so she could roll out the program during a low-turnout election, instead of during the November 2019 city election or 2020 presidential election when turnout runs much higher. Harris County must secure approval from the secretary of state’s office after the May 4 election to continue using the countywide polling program.

Still, Simpson said he worried that voting centers would be unable to communicate electronically on Election Day to ensure no one votes more than once. County officials have said otherwise, and the state’s elections director, Keith Ingram, wrote in a letter to County Judge Lina Hidalgo Thursday that documentation provided by the county reflects that its polling devices can update the master voter database even upon losing cellular connection.

Former Harris County Clerk Stan Stanart, a Republican whom Trautman defeated, said during the campaign he was open to countywide polling sites. The option is only available, Stanart said, because the county began using electronic poll books, or modified iPads, that communicate with each other to prevent people from voting more than once.

Not that there’s ever a reason to listen to Paul Simpson, but every one of his objections has been contradicted. The vote to apply for state approval was unanimous in Commissioners Court as well, so at every step of the way this has been a bipartisan process. Plus, you know, this is something Trautman explicitly campaigned on, and she won. As they say, elections have consequences.

Metro working on sidewalks

I heartily approve of this.

Metropolitan Transit Authority is taking the lead on leveling sidewalks and bus stops to give riders an easier path to transit — or, in some cases, actual access to it.

“This is a model of what an agency can do,” said Metro board member and disability access advocate Lex Frieden.

Noting will happen overnight to make each of Metro’s 9,000 stops smooth and ready for wheelchairs, but the effort and the money Metro is putting behind it — some of its own and the rest coming from city, county, regional and state sources — is unprecedented.

“This is not just rhetoric, we are funding this priority,” said Roberto Trevino, Metro’s executive vice president for planning, engineering and construction.

Transit officials last year committed to tackling these treacherous trips, noting the deplorable condition of some sidewalks and bus stops in the region.

In many communities, transit users — especially the elderly and those in wheelchairs — are cut off from buses because they cannot make it to the stops because of blocked, buckled or absent sidewalks. When they can get to a stop, they wait exposed to the sun and rain, at places where bus ramps cannot quite line up with the sidewalk, if there even is a sidewalk.

“Some of them are just standing in the grass,” Metro board member Lisa Castaneda said.

Metro jump-started a handful of projects last year to repair sidewalks in key spots, as they assessed which of the system’s bus stops — including those at transit centers — were most in need of fixing.

On Thursday, officials are scheduled to approve a contract with Tikon Group for on-call construction services aimed at bus stops. The on-call contract will give staff the ability to hire Tikon for up to $3.2 million worth of work over the next three years.

Repairs at each stop will vary in price, but officials said the contract likely will lead to repairs at hundreds of bus stops.

[…]

Another $30 million in funding could follow, pending approval from the Houston-Galveston Area Council. The agency’s transportation policy council, which doles out federal money, is finalizing its list of upcoming projects. Staff have suggested giving Metro $30 million for key sidewalk and accessibility projects.

Addressing the problems, however, extends beyond Metro. Within Houston, the city has some oversight of sidewalks but cedes most of the responsibility to landowners, who are supposed to maintain pedestrian access along the property. The city lacks the power in many cases to force improvements, leaving many sidewalks in disrepair, especially in older parts of the city.

Harris County leaders have expressed interest in working with Metro to make some larger improvements, said Metro board member Jim Robinson, the county’s appointee to the transit authority.

I’ve been all in on improving sidewalks for some time now, so this is all music to my ears. I’m especially glad to see H-GAC and Harris County getting into the game. It can’t be said enough: Better sidewalks make for a better transit experience, which will mean more riders. It’s also vital for riders with mobility issues. Everything about this story makes me happy.

Today is Runoff Day in HD145

From the Inbox:

Tuesday, March 5, 2019, is Election Day for voters in Texas State Representative District 145. There will be 27 Voting Locations open from 7 am to 7 pm. Voters may visit the County Clerk’s election page, www.harrisvotes.com for more information.

“Only individuals who are registered to vote in SRD 145 may vote in this election,” said Harris County Clerk Diane Trautman, the Chief Election Official of the county.

At the end of the Early Voting period, only 1,417 votes had been cast in the election. This election will determine who will be the next Texas State Representative for District 145.

“While Harris County is seeking approval to implement a Countywide Polling Place Program, voters should remember that currently on Election Day, they must cast a ballot at the polling location where their precinct is assigned,” stated Dr. Trautman.

State Representative District 145 registered voters can find their sample ballot, as well as their Election Day location, by visiting www.HarrisVotes.com or by calling the Harris County Clerk’s office at 713.755.6965.

The list of polling places is here. You can vote in the runoff whether or not you voted in the original special election, you just have to be registered in HD145. Not many people have voted so far, so your vote counts for a lot. I voted for Melissa Noriega, and I encourage you to vote for her as well.

Meanwhile, early voting in the HD125 runoff is underway.

After a special election with four Democratic candidates and one Republican, the runoff has turned into a classic face-off between one candidate from each party. Former District 6 City Councilman Ray Lopez, a Democrat, narrowly won a spot in the runoff election last month with 19.5 percent of the vote, while businessman and Republican Fred Rangel easily led the pack with 38 percent.

Lopez said he doesn’t consider the previous margin to be indicative of how the runoff will shake out because the district is made up of mostly Democratic voters.

“Crystallizing the message for all Democrats to get behind is important, and I believe we’re doing that,” he said. “All my co-candidates [from the previous election] have endorsed me and supported me. They all realize party unity is important. We don’t want to lose a predominantly Democratic area to a Republican.”

Both candidates have acknowledged school finance reform is paramount in their district, as it is in the Legislature, but differ on secondary priorities. Lopez has championed veteran services and job creation, while Rangel said he wants to see property tax relief and lists his anti-abortion stance as a priority on his campaign’s Facebook page. But most of Rangel’s efforts currently focus on telling people an election is happening, he said.

[…]

Early voting for the runoff is Monday through Friday. The lack of weekend early voting is typical for this type of election, Bexar County Elections Administrator Jacque Callanen said. There are seven early voting sites, and there will be 31 poll sites on election day, which is March 12. Callanen also reiterated that all of the 101,000 registered voters in the district are eligible to vote in this election.

“There’s always confusion when we have a runoff, where some people still think you must have voted in the first election to be able to vote in the runoff,” she said. “That’s not true. If you’re a registered voter in that area, you’re eligible to come to the polls.”

Voters can go to any poll site during early voting but must go to their precinct on election day. Check here for locations. If you’re unsure in which House district you live, you can search by address or ZIP code here. Bring a Texas driver’s license, a U.S. passport, or one of five other valid forms of ID.

Polls will be open from 8 a.m. to 6 p.m. Monday through Wednesday and 8 a.m. to 8 p.m. Thursday and Friday.

Get this one done, Bexar Dems. We don’t need any more accidents.

Seriously, what is happening at HCDE?

I’m just flabbergasted.

Six trustees of the Harris County Department of Education’s board have voted to accept an investigation alleging fellow Trustee Michael Wolfe sexually harassed a female job candidate and spread rumors about her sex life after she twice refused to go on a date with him.

The report, compiled by Dallas-based labor lawyer Harry Jones at the behest of HCDE Superintendent James Colbert Jr., also says Wolfe and Trustee Eric Dick skewed the interview process for a board secretary in 2018 to favor friends and people who were “friendly” to their political ideologies.

Trustees, who accepted the report Wednesday, will vote on whether to censure Wolfe at a special meeting that has yet to be scheduled. Jared Woodfill, an attorney representing Wolfe, said his client may sue if the board votes to censure. He said Wolfe denies any wrongdoing.

“It’s a politically manufactured hit job by a person upset with the way Mr. Wolfe voted,” Woodfill said.

See here and here for the background. The story quotes extensively from the report, which is a fascinating read and only 13 pages long, so by all means go through it. I’m just going to pick out a couple of bits:

Mr. Dick heard from a woman I will call “Jane Doe” about Mr. Wolfe asking her out during a job application process, being affected in his decisions based on whether she would go out with him, and being vindictive when she declined to go out with him, even including trying to prevent her working elsewhere.

As I learned from my conversations with Mr. Dick, and looking at his marketing materials, while Mr. Dick is pleasant and chatty, he is prone to irony and drama.

[…]

Mr. Wolfe (who met me at his lawyer’s office, voluntarily) freely admitted:
“We wanted to bring people in who were more friendly – politically and otherwise – to our philosophy; people we could trust. We all had people we wanted to apply for the position. I had two, Eric had two, Louis had one, one was an existing employee, a black lady in her 50s or 60s, and one was from the outside who just had a resume that looked good. She was the no-show.”

Mr. Evans denied having a “personal pick,” but Mr. Wolfe said Mr. Evans’ invitee was a “blonde, young woman from HEB,” who made the top three. Mr. Wolfe said he met the eventual hire, Ms. Smith, a year earlier at the Harris County Republican Primary office.

My impression was that Mr. Wolfe did not even know that what he had just told me was a boon to any decent plaintiff’s attorney who might want to accuse HCDE of deviating from their objective criteria to disfavor and discriminate, and that he was oblivious to the law.

Mr. Evans essentially confirmed my impression:
“Mike is a bit less formal than he should be. I did have to tell him not to ask certain questions. Illegal questions. I don’t think he’s ever held a management position.”

Mr. Flynn flat out told me:
“Michael is a child. He doesn’t even know what he is saying. He may be autistic.”

In any event, the verbally undisciplined Mr. Wolfe sat on the interview committee.

I haven’t even included some of the best parts, so yeah, you need to read this. You may also like reporter Shelby Webb’s Twitter thread about the meeting where this all came out. I don’t know what happens next, but I do know four things: 1) Michael Wolfe is even skeezier and sleazier than I had imagined; 2) Eric Dick may have forced me to say some complimentary things about him in the wake of the recent shenanigans, but he’s still Eric Dick; 3) Jared Woodfill has to make a buck somehow now that he can’t leech off of Republican judges; and 4) assuming that the Lege doesn’t kill off the HCDE, we will have another chance to boot Michael Wolfe off of the Board in 2020, along with Don Sumners. Hold onto that while we wallow in the current chaos.

Commissioners Court appoints a new judge

From the inbox:

Genesis Draper

Based on the motion from Harris County Commissioner Rodney Ellis, Commissioners Court on Tuesday appointed Genesis E. Draper – an assistant public defender in the Harris County Public Defender’s Office – to fill the judicial vacancy at Harris County Criminal Court at Law No. 12.

The seat was left vacant following the unexpected passing of Judge Cassandra Hollemon, who was elected to the bench in November as part of a historical judicial sweep that elected 17 Black women to the county judiciary, all of whom demonstrated a deep commitment to criminal justice reform. During her short time on the bench, Judge Hollemon was a part of the historical decision by the County Criminal Court judges to implement local rule changes for misdemeanor bail protocols, effectively ushering in long-awaited bail reform.

“We can never replace Judge Hollemon, but we can honor her legacy and the will of the voters by appointing Genesis E. Draper to the bench,” said Commissioner Ellis. “Ms. Draper has an exemplary legal career and record of public service that reflects a clear commitment to ensuring everyone receives fair treatment and equal justice in Harris County regardless of who they are or how much money they have.”

After Commissioners Court, Draper said: “This appointment is a tremendous honor. I’m committed to building on Judge Hollemon’s legacy and will continue her work, alongside other members of the Harris County judiciary, to advance the reforms that are needed to transform our justice system into one that delivers equal justice and fair treatment to all people.”

Draper is a graduate of Spelman College and received her law degree from the University of Texas Law School, where she was a member of the Thurgood Marshall Legal Society, Criminal Law Society, Board of Advocates and the mock trial team.

She began her legal career as a public defender in Tennessee and later served as a federal public defender in the Southern District Court of Texas before joining the Harris County Public Defender’s Office in 2017.

“Ms. Draper has a thorough understanding of criminal court proceedings and the Constitution. She also knows firsthand how the racial and economic disparities found throughout the system undermine justice,” Commissioner Ellis said. “I am confident that her appointment to the bench will serve the people of Harris County and help transform our criminal justice system into one that is more fair and just for all people.”

See here for the background. Judge Draper will need to run in 2020 to serve the remainder of Judge Hollemon’s term, then she will be on the off-year cycle with the other misdemeanor court judges. As the Chron notes. Judge Draper is the sixth former member of the Public Defenders Office to get elevated to the bench; the others are Justice Sara Beth Landau, 1st Court of Appeals; Justice Francis Bourliot, 14th Court of Appeals; Judge Danilo Lacayo, 182nd Criminal District Court; Judge Leah Shapiro, 315th Juvenile District Court; and Judge Franklin Bynum, County Criminal Court at Law No. 8, all of whom were elected in November. My congratulations and best wishes to Judge Genesis Draper.

January 2019 campaign finance reports: Harris County

One last set of finance reports I want to look at, from Harris County officials. I’m dividing them into a few groups:

Lina Hidalgo, County Judge
Diane Trautman, County Clerk
Dylan Osborne, County Treasurer
Marilyn Burgess, District Clerk

Kim Ogg, District Attorney
Ed Gonzalez, Sheriff
Vince Ryan, County Attorney
Ann Harris Bennett

Rodney Ellis, Precinct 1
Adrian Garcia, Precinct 2
Steve Radack, Precinct 3
Jack Cagle PAC, Precinct 4

George Moore, HCDE Position 1, Precinct 2
Eric Dick, HCDE Position 2, Precinct 4
Richard Cantu, HCDE Position 3, At Large
Josh Flynn, HCDE Position 4, Precinct 3
Michael Wolfe, HCDE Position 5, At Large
Danny Norris, HCDE Position 6, Precinct 1
Don Sumners, HCDE Position 7, At Large


Candidate     Raised     Spent     Loan     On Hand
===================================================
Hidalgo      239,834   161,503    1,400      51,836
Trautman       4,613       501        0      17,044
Osborne        1,225     2,242        0         122
Burgess        6,647     5,816        0       6,683

Ogg              600    13,936   68,489     212,875
Gonzalez      88,755    26,205        0     114,976
Ryan           6,500    14,656        0      58,464
Bennett        5,250     5,799        0      29,411

Ellis        223,000   310,395        0   2,916,307
Garcia       739,508   310,945        0     531,887
Radack       801,500   331,900        0   1,742,357
Cagle         68,045   113,143        0     171,242

Moore              0         0        0         243
Dick
Cantu          1,070       786        0       1,325
Flynn              0        10        0       1,600
Wolfe              0         0        0           0
Norris
Sumners

Remember that for those who were on the November 2018 ballot, this filing period runs from the 8 day report, which was October 27, through the end of the year. Basically, the last two months, including the last week of the campaign. For everyone else, it’s the usual six month period. HCDE candidates generally raise and spend negligible amounts, so it’s not that odd for some of them to have no activity to report.

$99K of the amount Lina Hidalgo raised was in kind, $95K of which came from the Texas Organizing Project for field work. It’s common for newly-elected candidates to get a surge in financial support right after their election – these are called “late train” donations – but in Hidalgo’s case a fair amount of the contributions reported here were before Election Day. Given her pledge to refrain from taking money from those who do business with the county, it will be interesting to see what her future reports will look like. The Commissioners have not taken a similar pledge, and they tend to be the bigger fundraisers anyway. Keep an eye on Steve Radack going forward – he’s either going to gear up for a tough election, or he’s going to decide to step down and let someone else engage in that battle. If Ed Emmett had been re-elected, it wouldn’t have shocked me if Radack ran again and then resigned after winning, in the grand tradition of Republican county officials, to let Emmett pick his successor. I feel confident saying that Steve Radack will not give Lina Hidalgo the opportunity to replace him.

With the strong Democratic trend in Harris County and the greater level of Democratic engagement – not to mention the possibility of the DNC being here and Texas being contested at the Presidential level – I don’t expect the countywide officeholders to work too hard to raise money for next November. They won’t slack, exactly, but they know they’ve got a lot of support behind them. That said, with Kim Ogg already getting a potential primary opponent, and given my belief that Vince Ryan will also draw one, they may step it up to make next March easier for them. The incentives, and the strategy, are different now in a blue county.

I am going to do one more report, on the Congressional candidates from 2018, two of whom are now incumbents and several others who will be back this cycle. As always, I hope this has been useful for you.

Of course there are bills to do something with that bogus SOS advisory

What else did you expect?

Still the only voter ID anyone should need

Among other things,  Senate Bill 960 and Senate Bill 953, filed late last week, would require voter registrars across the state to kick every person off the voter rolls who at one point said they were not a citizen to any government agency.

Beth Stevens, voting rights program director with the Texas Civil Rights Project, said the bills could potentially reduce “protections that a voter has to address a claim that they are a noncitizen.” The nonprofit is one of many groups challenging the state’s effort in court.

“It further adds an element of intimidation of voter registrars,” she said.

[…]

If enacted, SB 960 and SB 953 would require registrars to immediately remove flagged voters from voter rolls. The bills wouldn’t require registrars to notify individuals their citizenship was being questioned. SB 960 would also subject any registrar who does not immediately remove those voters to a civil penalty and a possible Class A misdemeanor charge.

SB 960 would also give the Attorney General’s office the power to petition a court to remove a registrar from office if he or she does not kick those voters off the rolls.

“These two bills – and particularly SB 960 – are very much voter suppression on their face,” Stevens said.

SB 960 was filed by state Sen. Paul Bettencourt, a Republican from Houston. Bettencourt did not respond to a request for comment. He did, however, weigh in on the issue last year and admonished local officials for not pursuing and removing alleged noncitizens from voter rolls.

“This really strikes at the fabric of the integrity of the whole election process,” Bettencourt said in a written statement last June. “The fact is that non-citizens simply cannot vote in our elections.”

SB953 was authored by Sen. Pat Fallon. Of course Bettencourt would have a hand in this. He made his bones as Harris County Tax Assessor finding many creative and legally questionable ways to purge voters he didn’t like. There’s a reason why voter registration numbers in the county were flat for so long. Whether this particular ploy will work or not remains to be seen. These bills can probably pass if the leadership wants them to, but in the absence of a push they may die the usual death by natural causes. I’ll try to keep an eye on them.

Ogg’s second ask

We’ll see how this goes.

Kim Ogg

Harris County District Attorney Kim Ogg is planning to head back to county leaders with another request for more prosecutors in light of the massive case review sparked by fallout from last month’s botched Houston police drug raid.

The renewed push for additional positions comes just after a failed bid to get funding for 102 new prosecutors, a hefty $21 million budget request slapped down by the Harris County Commissioners Court earlier this month. At the time, Ogg argued that her office’s overwhelming caseloads were likely among the highest in the country, and that the understaffing at all levels could prevent prosecutors from evaluating cases eligible for diversion.

But now, her new push to expand hinges on the need to review the more than 1,400 cases handled by Officer Gerald Goines, the case agent suspected of giving false information to justify the no-knock raid that left two civilians dead, officials said. In some of the cases, the 34-year officer was a witness, while in others he signed the affidavits underlying warrants, Ogg said Thursday. Of those up for review, 27 are active and at least five involve defendants currently in jail.

“These are individual cases; justice has to be meted out in every one. It takes time, we need some more investigators,” Ogg said. “We can get there with the understaffing that we have, it’s just going to take longer.”

It’s not clear how many new positions Ogg would ask for, but she stressed that the case reviews will happen regardless.

“This review is not contingent on funding, we’re going to do it,” she said. “It’ll just take a lot longer with the few people that we’ve got assigned to our Conviction Integrity Division.”

Because the jobs would go to “trusted, trained” prosecutors, Ogg said, the idea would be to promote from within and hire new positions at a lower level. The review of the 27 active cases can be handled by current staff.

See here for some background. I’ve not gotten any press releases in my inbox from groups that had opposed the previous request, as I had at that time, but that may just be a function of timing. It’s not fully clear to me from this story if what Ogg is requesting is more prosecutors or more investigators, the latter of which may perhaps be less controversial. The reason prompting this request is unimpeachable, but there may be more to it than what is apparent now. If she’s going to make this request at Tuesday’s Commissioners Court meeting, we should know pretty quickly what kind of a reaction this will get.

As for the larger issue, I have not blogged about the HPD no-knock raid mess, as there’s only so much I can keep up with. I fully support the effort to review and revise the department’s policy on no-knock raids, and will note that there has been advocacy in favor of this, here and nationally, for a long time. As is so often the case, it takes a tragedy to focus a sufficient amount of attention on the issue to make anything happen. Harris County Sheriff Ed Gonzalez is making similar changes, though that will have a much smaller effect than what HPD does since the Sheriff’s office rarely conducts such raids. There are also bills in the Legislature, with Rep. Harold Dutton being one of the main authors, to impose restrictions and more stringent processes on all law enforcement agencies. As with bail reform, this is something that has been needed for a long time, and maybe, just maybe, the time is right for it to happen.

Another reason David Whitley has to go

County elections officials feel like they can’t trust him or his office right now. That’s a big deal.

Still the only voter ID anyone should need

As the Texas secretary of state’s office rolled out its botched effort to review the citizenship of nearly 100,000 voters, Betsy Schonhoff was local election officials’ main point of contact.

Seven years into her post as the state’s voter registration manager, she was largely responsible for the training provided to county officials ahead of the review. Schonhoff and her team fielded calls from election officials across the state as they began to sift through their lists. And she was the person who reached out to many of them when her agency discovered that thousands of voters’ names had been mistakenly flagged.

But a week and half into the convoluted review efforts, Schonhoff — voter registrars’ main contact within the agency — disappeared.

County election officials who called the secretary of state’s office asking for her were informed she was not available. A county worker who traveled to Austin last week to meet with Schonhoff was told she was out that day.

By then, Schonhoff had been gone from the secretary of state’s office for several days. She abruptly resigned on Feb. 6. But the county workers who relied on her experience overseeing the state’s voter rolls were kept in the dark.

A spokesman for the secretary of state denied that county officials were misled, saying those who called in were “directed to appropriate staff.” But during a call to Schonhoff’s office a week after she tendered her resignation and completed an exit interview, The Texas Tribune was told “Betsy’s not in.”

“It’s extremely odd, ” said John Oldham, Fort Bend County’s elections administrator, complaining at the time that “we don’t know what’s going on.”

The secretary of state’s office has since acknowledged that Schonhoff left. But the maelstrom surrounding her exit highlights the breakdown in communication and frustrations that have emerged between the state’s top election officials and county election offices since the citizenship review effort launched four weeks ago.

I believe the term of art for this is that the SOS office is “in disarray”. Let us continue:

Sharing responsibilities for maintaining the state’s voter rolls, the secretary of state’s office and county election officials regularly review the list of 15.8 million people and counting who are registered to vote in Texas. List maintenance is largely a routine process and typically occurs without incident.

But the state’s latest stab at reviewing the rolls has felt anything but ordinary, according to county officials across the state.

It started with Whitley’s announcement of the new list maintenance process on Jan. 25. For the better part of last year, the secretary of state’s office had been quietly working with the Texas Department of Public Safety to match the state’s voter rolls with data kept on Texans who indicated they were not citizens when they obtained their driver’s licenses or ID cards.

His office had offered trainings for local county officials ahead of sharing the data, and the secretary of state’s advised them earlier in the day that the data would soon be released. But they had no warning about the press release Whitley sent out announcing the review, nor were they aware that Whitley had provided data of the approximately 95,000 voters who were initially flagged to the state’s top prosecutors even before county officials would have access to it.

Oldham said he was tipped off about the announcement by a former local candidate who had seen a draft of the press release the attorney general’s office would send soon after Whitley’s announcement landed.

But others were caught flat-footed.

“Most of the time, it’s just very routine. [The state and counties] work together very well and then every once in a while something like this comes out,” said Douglas Ray, a special assistant county attorney in Harris County. “They characterized it as list maintenance, but it didn’t look or feel anything like ordinary list maintenance.”

And from there it got worse. The data was quickly shown to be disastrously inaccurate, with the SOS office at first quietly admitting as much to county officials. The lawsuits started coming, with county officials themselves being named in some of them for taking action upon receipt of the SOS advisory. And then the crown jewel, in which Keith Ingram threw county officials under the bus in a mealy-mouthed defense of his office’s incompetence. I’m sure this marriage of state and local elections officials can still be saved, but it’s time to get some counseling.

In the meantime, we’re still waiting for Betsy Schonhoff to tell her story in court, and for the reality to sink in on the Republican side that David Whitley’s days in office are numbered. And all of this began because of a zealous and fanatical pursuit of “illegal voters”, a problem that is very small and usually the result of misunderstanding than any bad intent, where all of the proposed “solutions” cause far more damage than they can ever hope to mitigate. All happening against the backdrop of the biggest election scandal I can recall, in which a Republican candidate for Congress and a shady campaign consultant used absentee ballots to actually steal an election, just last year, which now has to be done over. Just curious here, I don’t follow Ken Paxton on Twitter, but has he had anything to say about that? There are indeed lessons to be learned about election fraud. Our state leadership refuses to try.

Early voting begins tomorrow for the HD145 runoff

From the inbox:

Early Voting for the March 5, 2019 Special Runoff Election For State Representative District 145 begins Monday, February 25 and ends Friday, March 1.  During the five day Early Voting period, five locations will be available to more than 70,000 registered voters within the district.  Voters can cast their ballot at any one of the five locations from 7:00 a.m. to 7:00 p.m.

 

The Early Voting locations and schedule are as follows:

Harris County, TX Early Voting Schedule and Locations

March 5, 2019 Special Runoff Election For State Representative District 145

Location Address City Zip
County Attorney Conference Center 1019 Congress Avenue Houston 77002
Moody Park Community Center 3725 Fulton Street Houston 77009
Ripley House Neighborhood Center 4410 Navigation Boulevard Houston 77011
HCCS Southeast College 6960 Rustic Street, Parking Garage Houston 77087
Harris County Scarsdale Annex 10851 Scarsdale Boulevard Houston 77089
Hours of Operation
Day(s) Date Time
Monday to Friday February 25 – March 1 7am – 7 pm

“The Harris County Early Voting locations for this election are only available to individuals who are registered to vote in State Representative District 145,” stated Harris County Clerk Dr. Diane Trautman.

For more information about the March 5 Special Runoff Election, voters may visit www.HarrisVotes.com or call the Harris County Clerk’s office at 713.755.6965.  Voters may also visit the website to determine if they are eligible to vote in an upcoming election or review the sample ballot before going to vote at the polls.

Here’s the Chron overview of the runoff. These are the same early voting locations as for the initial election, but by law there are just the five days for it. I do believe we will have higher turnout in the runoff than we did in January, but it will be close. There’s not a lot of money in this race, nor is there a GOP-versus-Dem dynamic, and at least as of today there’s been basically no mud thrown. As is always the case, your vote counts for a lot in these low-turnout elections. I am voting for Melissa Noriega in this runoff, so get out there and either amplify or cancel out my vote as you see fit.

Meanwhile, we have a date in HD125.

Gov. Greg Abbott on Friday selected March 12 as the date of the special election runoff to replace former state Rep. Justin Rodriguez, D-San Antonio.

The race for traditionally blue House District 125 has come down to Republican Fred Rangel and Democrat Ray Lopez. They were the top two finishers in the initial five-way contest earlier this month.

[…]

Early voting for the HD125 special election runoff begins March 4.

You know what I think about this one. Barring anything unexpected, this will be the end of the legislative special election season.