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2018 primary results: Legislative

Rep. Sarah Davis

Statewide Dem totals
Statewide GOP totals

Harris County Dem totals
Harris County GOP totals

(Please note that all results were coming in very slowly. I expect there will still be some precincts not yet reported by the time this publishes. So, I’m going to be less specific than usual, and may have to make a correction or two by Thursday.)

I’m gonna lead with the Republicans this time. Sarah Davis and Lyle Larson, both viciously targeted by Greg Abbott, won their races easily. Sarah, here’s that picture I mentioned before. Also, too, the anti-vaxxers can suck it (in this race; they unfortunately appear to have claimed a scalp elsewhere). Abbott did manage to unseat the mediocre Wayne Faircloth, who was the most conservative of his three targets. Party on, Greg!

Back to the good side: Rita Lucido was leading Fran Watson in SD17, but was short of a majority. Beverly Powell won in SD10, Wendy Davis’ old district. Mark Phariss was leading in SD08, but it was too close to call. On the Republican side, Rep. Pat Fallon destroyed Sen. Craig Estes in SD30, but Sen. Kel Seliger beat back the wingnuts again in SD31. Sen. John Whitmire won easily. Joan Huffman easily held off Kristin Tassin on her side of SD17. And Angela Paxton won in SD08 over the lesser Huffines brother. Apparently, two Paxtons are better than one, and also better than two Huffineses.

Other incumbents in both parties had more trouble. On the D side, longtime Rep. Robert Alonzo lost to Jessica Gonzalez in HD104; her election increases the number of LGBT members of the Lege by one. First term Rep. Diana Arevalo lost to former Rep. Trey Martinez-Fischer in HD116, and first-term Rep. Tomas Uresti, no doubt damaged by his brother’s legal problems, lost to Leo Pacheco. And Dawnna Dukes’ odyssey came to an end as challengers Sheryl Cole and Chito Vela both ran way ahead of her. Other Dems, including (sigh) Ron Reynolds hung on, though Rep. Rene Oliveira was headed to a runoff with Alex Dominguez in HD37. For the Rs, Rep. Jason Villalba was going down in HD114 – he was an anti-vaxxer target, though there were other factors in that race, so it sure would be nice for Dems to pick that one off in November. Rep. Scott Cosper was headed to a runoff in HD54. Other incumbents, including those targeted by the extreme wingnut coalition, made it through.

For Harris County, the following challengers won: Natali Hurtado (HD126; she celebrated by going into labor, so double congratulations to her), Gina Calanni (HD132), Adam Milasincic (HD138). Sandra Moore was briefly above 50% in HD133, but ultimately fell back below it to wind up in a runoff with Marty Schexnayder. Allison Lami Sawyer had a slightly easier time of it, collecting over 90% of the vote against the idiot Lloyd Oliver. Maybe, just maybe, this will be enough to convince Oliver that his run-for-office marketing strategy has come to the end of its usefulness. Sam Harless was on the knife’s edge of a majority in HD126 on the R side; if he falls short, Kevin Fulton was in second place.

There will be a few runoffs in other races around the state. I’ll get back to that another day.

Court throws out State House map

Once more, with feeling.

Parts of the Texas House map must be redrawn ahead of the 2018 elections because lawmakers intentionally discriminated against minorities in crafting several legislative districts, federal judges ruled on Thursday.

A three-judge panel in San Antonio unanimously ruled that Texas must address violations that could affect the configuration of House districts in four counties, where lawmakers diluted the strength of voters of color. In some cases, the court found mapdrawers intentionally undercut minority voting power “to ensure Anglo control” of legislative districts.

These are the nine districts the court flagged:

  • Dallas County’s HD 103, represented by Democrat Rafael Anchia, HD 104, represented by Democrat Roberto Alonzo and HD 105, represented by Republican Rodney Anderson
  • Nueces County’s HD 32, represented by Republican Todd Hunter, and HD 34, represented by Democrat Abel Herrero
  • Bell County’s HD 54, represented by Republican Scott Cosper, and HD 55, represented by Republican Hugh Shine
  • Tarrant County’s HD 90, represented by Democrat Ramon Romero, and HD 93 represented by Matt Krause.

Adjusting those boundaries could have a ripple effect on other races.


In both the congressional and state House rulings, the court ordered Attorney General Ken Paxton to signal whether the Legislature would take up redistricting to fix violations in the maps.

But so far, state leaders have signaled they have no appetite to call lawmakers back to Austin over mapmaking. Instead, Texas is looking to the U.S. Supreme Court to keep its political boundaries intact.

“The judges held that maps they themselves adopted violate the law,” Paxton said in a Thursday statement. “Needless to say, we will appeal.”

Meanwhile, the state and the parties that sued over the congressional districts are scheduled to return to court on Sept. 5 to begin redrawing the congressional map. In its Thursday ruling, the court indicated they should be prepared to also meet on Sept. 6 to consider changes to the state House map.

“Today’s ruling once again found that Texas racially gerrymandered its voting districts and used Latino voters as pawns in doing so,” said Nina Perales, vice president of litigation for the Mexican American Legal Defense and Educational Fund, who is representing plaintiffs in the case. “With the 2018 election cycle fast approaching, it’s time for Texas to stop discriminating against Latino voters and agree to a remedy that will provide equal opportunity to all.”

It was just over a week ago that the same court invalidated the Congressional map, also calling it intentionally discriminatory. Add in the voter ID ruling and you’ve got three such judgments in a span of eight days; you can also toss in the ruling on interpreters for a four-game losing streak for the state. Don’t forget the Pasadena case, too – it’s not the state, but it is another intentional-discrimination opinion. Maybe this will all add up to enough to convince Chief Justice Roberts to change his mind about the state of voting rights and the need to protect communities of color.

Or not. I wouldn’t hold my breath. Be that as it may, this ruling could have an effect on the effort by wingnuts to oust House Speaker Joe Straus. RG Ratcliffe explains.

The court found that in Nueces County, the district maps discriminated in the placement of minority voters in a way that favored the re-election of Representative Todd Hunter, a key Straus Republican ally and chairman of the House committee that sets bills for debate on the daily calendar. To make his district safe, the court said Hispanic voters were packed into the district of Representative Abel Herrero, a Democrat. Redrawing the districts won’t automatically guarantee Hunter’s defeat, but it will make it more difficult for him to win re-election.

The court also ruled that the Legislature intentionally split a minority community in Killeen to guarantee the election of two white Republicans in Districts 54 and 55, Scott Cosper of Killeen and Hugh Shine of Temple. Both have backed Straus in the past. Putting the minority community in Killeen back together probably endangers Cosper’s re-election, and may put a Democrat in that rural district. Either way, this likely is a wash in the politics of electing the next speaker.

In Dallas and Tarrant counties, the court ruling likely would help Straus win re-election. In declaring that five districts in those two counties discriminated against minorities, the most likely losers in any redrawing of the district maps will be Republican Representatives Rodney Anderson of Irving and Matt Krause of Fort Worth. Anderson was among nineteen House members who voted against Straus in one election for speaker, and Krause is a member of the Freedom Caucus, which has been trying to force a speaker vote in the caucus instead of on the House floor, where Democrats also have a say.

Anderson barely squeaked by in 2016, in a district that was ever so slightly bluer than HD107, which flipped to the Dems. He was going to be a target no matter what. The ripple effect in Dallas could be very interesting. And of course, anything that puts jerks like Krause in jeopardy is a good thing. We’ll know if and when SCOTUS intervenes if a second special session will be forthcoming. A statement from MALC is here, and Michael Li, the Chron, the DMN, Rick Hasen, the HuffPost, and the Lone Star Project have more.

Races I’ll be watching on Tuesday, Legislative edition


Here are the legislative races I’ll be looking at to see what kind of a day it has been for Texas Democrats. After the 2012 general election, the Dems had 55 seats in the Lege. Thee Democrats lost in 2014, lowering that total to 52. As things stand right now, Dems are at 50 seats, with one seat being lost early this year in a special election, and another later on to an independent in a special election that basically no one paid any attention to. I’m going to group the races into four tiers with decreasing levels of likelihood and expectation, and we’ll see where we might wind up.

Group 1: Back to parity

HD117 – Obama 2008 52.5%, Obama 2012 51.8%
HD118 – Obama 2008 55.1%, Obama 2012 55.2%
HD120 – Obama 2008 62.9%, Obama 2012 64.6%
HD144 – Obama 2008 48.0%, Obama 2012 51.0%

HDs 117 and 144 were the seats lost in 2014 (along with HD23, which is in a different category). HDs 118 (Farias) and 120 (McClendon) had specials due to the early retirement of their Dem incumbents. Note that Mary Ann Perez won HD144 in 2012 by 6.5 points over a stronger Republican opponent than the accidental incumbent she faces now. Phillip Cortez, running to reclaim HD117 after losing it in 2014, defeated a 2010-wave Republican by nearly eight points in 2012. I expect all four to be won by Democrats on Tuesday, which puts the caucus at 54.

Group 2: It sure would be nice to win these in a year like this

HD43 – Obama 2008 46.9%, Obama 2012 47.9%
HD105 – Obama 2008 46.1%, Obama 2012 46.5%
HD107 – Obama 2008 46.7%, Obama 2012 46.9%
HD113 – Obama 2008 46.1%, Obama 2012 46.3%

These are the white whales for Texas Democrats in recent elections. HD43 is home of the turncoat JM Lozano, who switched parties after the 2010 wipeout after having won a Democratic primary against an ethically-challenged incumbent in March. Now-former Rep. Linda Harper-Brown, who lost a primary in HD105 in 2014 to Rep. Rodney Anderson, had two of the closest victories in recent years, hanging on in 2008 by twenty votes and in 2012 by fewer than 800 votes. Similarly, Rep. Kenneth Sheets won in 2012 by 850 votes. The map designers in 2011 did a great job of keeping eight out of 14 districts in strongly Democratic Dallas County just red enough to win so far. I have to feel like this is the year their luck runs out. I’ll be disappointed if Dems don’t win at least two of these races, so let’s put the caucus at 56.

Group 3: Pop the champagne, we’re having a great night

HD23 – Obama 2008 47.5%, Obama 2012 44.2%
HD54 – Obama 2008 47.9%, Obama 2012 45.7%
HD102 – Obama 2008 46.6%, Obama 2012 45.3%
HD112 – Obama 2008 44.0%, Obama 2012 43.5%
HD114 – Obama 2008 46.6%, Obama 2012 43.5%
HD115 – Obama 2008 43.9%, Obama 2012 43.2%
HD134 – Obama 2008 46.5%, Obama 2012 41.7%

That’s most of the rest of Dallas County, the seat held by former Rep. Craig Eiland till he retired before the 2014 election, Rep. Sarah Davis’ perennial swing seat, and the Killeen-based district now held by the retiring Rep. Jimmie Don Aycock. It’s this last one that I think is most likely to flip; there were a few maps drawn during the 2011 session that made this a fairly solid blue seat. The main hesitation I have with this one is that I don’t know what kind of Dem infrastructure exists out there to take advantage of the conditions. Aycock never faced much of a challenge though he won in 2012 by the skinny-for-this-gerrymandering margin of 57.5% to 42.5%, partly because that district is off the beaten path for Dems and partly (I suspect) out of respect for Aycock, who was a really good Public Ed committee chair. If even one of these seats flip, I’d assume all four of the ones in the level above did, so we’ll increment the county to 59.

Group 4: Holy crap, how did that happen?

HD47 – Obama 2008 44.8%, Obama 2012 39.3%
HD52 – Obama 2008 46.2%, Obama 2012 42.4%
HD65 – Obama 2008 43.0%, Obama 2012 40.8%
HD85 – Obama 2008 40.7%, Obama 2012 38.0%
HD108 – Obama 2008 44.9%, Obama 2012 39.3%
HD135 – Obama 2008 38.7%, Obama 2012 39.8%
HD136 – Obama 2008 45.9%, Obama 2012 41.2%

Now we’re starting to get into some unfamiliar territory. HD47 is the lone Republican district in Travis County. Dems captured it in the wave of 2008 then lost it in the wave of 2010, and it was shored up as a genuine Republican district in 2011, with the side effect of making HDs 48 and 50 more solidly blue. HD108 is in the Highland Park part of Dallas, so who knows, maybe Donald Trump was the last straw for some of those folks. I’ve talked a few times about how HDs 135 and 132 were the two red districts in Harris County trended bluer from 2008 to 2012; I don’t expect it to go all the way, but I’ll be shocked if there isn’t some decent progress made. HD52 was won by a Dem in 2008 but was drawn to be more Republican in 2011. HD136, like HD52 in Williamson County, was a new district in 2012 and has been represented by a crazy person since then. HD65 is in Collin County, and HD85 is primarily in Fort Bend. Winning any of these would help tamp down the narrative that Dems are only creatures of the urban counties and the border.

If somehow Dems won all of these districts – which won’t happen, but go with it for a minute – the caucus would be at 73 members, which needless to say would have a seismic effect on the 2017 session and Dan Patrick’s ambitions. Putting the number above 60 would be a very nice accomplishment given all that’s stacked against such a thing happening, though it’s hard to say how much effect that might have on the session. Note that I have not put any Senate races in here. This is not because the Senate has a more diabolical gerrymander than the House does, but because the four most purple Senate districts – SDs 09, 10, 16, and 17 – were all up in 2014, and thus not on the ballot this year. You can bet I’ll be looking at their numbers once we have them.

There are a few districts that I would have included if there had been a Dem running in them (specifically, HDs 32, 45, and 132), and there are a few with numbers similar to those in the bottom group that I didn’t go with for whatever the reason. Tell me which districts you’ll be looking out for tomorrow. I’ll have a companion piece to this on Tuesday.

An early look ahead to the legislative races

The Trib takes a look at the legislative races that could end with a seat changing parties.


• HD-23. Freshman state Rep. Wayne Faircloth, R-Dickinson, against former state Rep. Lloyd Criss, R-La Marque.

• HD-43. State Rep. J.M. Lozano, R-Kingsville, will face Democratic challenger Marisa Yvette Garcia-Utley.

• HD-54. State Rep. Jimmie Don Aycock, R-Killeen, decided not to seek reelection in a district where Republicans have only a narrow advantage over Democrats in presidential election years like this one. Killeen Mayor Scott Cosper apparently won the Republican runoff, but his 43-vote margin over Austin Ruiz has prompted a recount. The winner will face Democrat Sandra Blankenship in November.

• HD-78. State Rep. Joe Moody, D-El Paso, will contend with Jeffrey Lane, a Republican in a district where Democrats have demonstrated a slight advantage.

• HD-102. Freshman Rep. Linda Koop, R-Dallas, will face Democrat Laura Irvin.

• HD-105. State Rep. Rodney Anderson, R-Grand Prairie, currently holds this swing district. He’ll battle Democrat Terry Meza in November.

• HD-107. State Rep. Ken Sheets, R-Dallas, has fended off a series of challenges in his narrowly Republican district; this time, the chief opponent is Democrat Victoria Neave.

• HD-113. Like Sheets in the district next door, state Rep. Cindy Burkett, R-Sunnyvale, has a district where the incumbent is always under attack. Her Democratic opponent this time is Rhetta Andrews Bowers.

• HD-117. State Rep. Rick Galindo, R-San Antonio, is one of two House Republicans defending a district where Democrats generally win statewide races. He’ll face the guy he beat, former Rep. Philip Cortez, a Democrat, in November.

• HD-118. The other of those Republicans is John Luhan, also of San Antonio, who won a special election earlier this year to replace Democrat Joe Farias, who retired. He’ll face Democrat Tomás Uresti — the loser of that special election — in a November rematch.

• HD-144. State Rep. Gilbert Peña, R-Pasadena, represents a district that has gone for Republicans in some years and Democrats in others. And it’s another rematch: He will face former Rep. Mary Ann Perez, the Democrat who lost in 2014 by 152 votes out of 11,878 cast.

Several incumbents got free passes in districts where an able opponent might have been dangerous. In HD-34, state Rep. Abel Herrero, D-Robstown, drew no Republican challenger. In HD-45, Republican Jason Isaac didn’t draw a Democratic opponent.

That’s a pretty comprehensive list. Because I like numbers, I went and dug up the 2012 district results so you can get some idea of how steep a hill these are to climb for the Democrats:

Dist    Romney    Obama    Romney%   Obama%    Diff   Boost
023     31,282   25,365     54.56%   44.24%   5,917   23.3%
043     25,017   22,554     52.05%   46.92%   2,463   10.9%
054     25,343   21,909     52.90%   45.73%   3,434   15.7%
102     29,198   24,958     53.01%   45.31%   4,240   17.0%
105     23,228   20,710     52.11%   46.46%   2,518   12.2%
107     27,185   24,593     51.81%   46.87%   2,592   10.5%
112     28,221   22,308     55.01%   43.48%   5,913   26.5%
113     27,098   23,893     52.51%   46.30%   3,205   13.4%
114     35,975   28,182     55.21%   43.47%   7,793   27.7%
115     29,861   23,353     55.26%   43.22%   6,508   27.9%
136     35,296   26,423     55.06%   41.22%   8,873   33.6%

“Diff” is just the difference between the Romney and Obama totals. “Boost” is my way of quantifying how wide that gap really is. It’s the ratio of the Diff to the Obama total, which put another way is how big a turnout boost Democrats would need in 2016 over 2012 to match the Republican total. That doesn’t take into account any other factors, of course, it’s just intended as a bit of context. Note that for HDs 78 (where Obama won by more than ten points in 2012), 117, 118, and 144, Democrats already had a majority of the vote in 2012, so in theory all that is needed is to hold serve. Individual candidates matter as well, of course, though in 2012 there was literally only on State House race in which the winner was not from the party whose Presidential candidate carried the district, that being then-Rep. Craig Eiland in HD23. Point being, you can swim against the tide but it’s a lot more challenging to do so these days. I went and added a couple more races to the list that the Trib put together just for completeness and a sense of how big the difference is between the top tier and the next tier. I don’t have a point to make beyond this, I’m just noting all this for the record.

Two runoff recounts in the works

It’s not over yet in HD128.

Rep. Wayne Smith

In a reversal, state Rep. Wayne Smith is now pursuing a recount in his narrow loss in Tuesday’s Republican primary runoff.

Deer Park attorney Briscoe Cain beat Smith, a longtime incumbent from Baytown, by 23 votes in the runoff. As soon as the outcome became clear in House District 128, Smith conceded the race, and his campaign confirmed the next morning that he was not interested in a recount.

But in a statement issued Thursday night, Smith indicated he had changed his mind.

“After much thought and careful consideration, I have decided to move forward with a recount,” Smith said. “Whenever a race is this close, the option for a recount must be considered. In the past two days, I have been overwhelmed by friends and supporters who have encouraged this option.”

Smith lost in the closest race of the runoffs, though not the closest race of the cycle. I was surprised when he initially declined to ask for a recount, so I’m not surprised he changed his mind.

The other recount was announced immediately in the aftermath of Tuesday’s runoffs.

Tuesday’s Republican primary runoffs may not be over yet for at least one candidate.

The contests produced a number of narrow margins — including in House District 54, where Killeen Mayor Scott Cosper won by just 43 votes. His opponent, Killeen optometrist Austin Ruiz, said late Tuesday night he has “decided to pursue filing for a recount.”


A losing candidate can ask for a recount if the number of votes by which he or she lost is less than 10 percent of the total number of votes his or her opponent received, according to the secretary of state’s office. The deadline to apply for a recount is by the end of the fifth day after the election or the second day after the vote totals are canvassed.

That deadline is Thursday, June 2, at 5 PM, according to the Secretary of State. I can’t imagine there will be any other requests, as the only other runoffs for which the races were close have had the losing candidates concede. But if Wayne Smith can change his mind then someone else could, too.

More Congressional seats are likely on the way

If current trends continue, that is.

Texas could pick up two, perhaps three, new congressional seats following the 2020 decennial Census if current population growth continues through the decade, political and demographic experts said Thursday.

With continued growth in Texas’ four major metropolitan areas, they said, the state could almost match the gains it made in political representation after the 2010 Census, when it added four seats in Congress.

The Houston metropolitan area has led the way this decade, according to Census Bureau data released Thursday, potentially positioning the area for two additional seats in fast-growing Fort Bend and Montgomery counties.

The San Antonio area likely would be at the top of the list for an additional congressional seat, as well, said state demographer and University of Texas at San Antonio professor Lloyd Potter.

All told, the state’s largest metro areas – anchored in Houston, Dallas-Fort Worth, Austin and San Antonio – added about 400,000 people last year, more than any other state in the country.


The greater Houston area, which includes The Woodlands and Sugar Land, added about 159,000 residents between July 2014 and July 2015, while the second-fastest-growing Texas metro area, Dallas-Fort Worth-Arlington, saw an increase of 145,000.

The state’s population growth was led by Latinos in the last decade, Potter said, a trend that has accelerated.

“I can see areas that, maybe historically, were largely non-Hispanic white shifting and becoming more integrated in terms of having people of Hispanic descent, Asian and even African-American in them,” Potter said.

Under those circumstances, it could become increasingly difficult for Republicans, who will control the state legislature for the foreseeable future, to draw the new congressional and state district lines in ways that favor their party.

In the short term, given the party’s firm grip on power in Texas, growth in the state will favor the GOP, but that political calculus cannot last in the long-term, according to Bob Stein, a political science professor at Rice University.

“There simply aren’t enough bodies to go around to draw what we might call safe Republican districts,” Stein said. “Nonetheless, I think Republicans will find a way to advantage themselves, particularly in the statehouse. But increasingly, what you’re going to find is a black and Hispanic population become an obstacle to drawing districts.”

Let’s not get too far ahead of ourselves here. As I said before, let’s wait and see what the next estimates have to say, because things could slow down considerably before the actual Census takes place if the oil and gas industry is still in a slump. There’s also the matter of that pesky never-ending litigation spawned by the 2011 redistricting (technically, we’re fighting over the 2013 maps), which if nothing else may offer some direction on how the GOP might proceed in 2021. With all that said, here are a few thoughts:

– If trends continue and Texas does get three new Congressional seats, I fully expect two of them to be drawn as Republican districts. Never mind that it was almost entirely growth in the minority population drove the increase – that didn’t matter to the Republican map-drawers in 2011, and it won’t matter to them in 2021 unless they are forced to take it into consideration by the courts. Even then, the only scenario under which I see more than one Democratic district being drawn is if the Republicans conclude that they can’t draw any more GOP districts without putting their incumbents at risk.

(I will stipulate here that the Democrats thought this way when they were in charge, too, and that we’d be having a different conversation now if we had some kind of independent redistricting commission in place. That ain’t gonna happen, and I will further stipulate that it won’t happen if by some miracle the Dems seize control of the Lege in 2021. Let’s keep our eye on the ball that is actually in play.)

– I fully expect the Republicans to try once again to draw Lloyd Doggett out of a district. They tried in 2003, they tried in 2011, why wouldn’t they try in 2021? Death, taxes, and Lloyd Doggett has a target on his back in redistricting.

– You can also be sure that they will try to make CD23 as Republican-friendly as possible. That district is one of the few that is still under dispute in the ongoing litigation, and if there’s one lesson to be taken from the 2011 experience it’s that whatever egregious thing you do in drawing the maps, you’re going to get at least two cycles of benefit from it before any corrections are made, so why not go for broke? That will be the case in 2021, and assuming President Trump doesn’t dissolve Congress in his second term, I’d bet it’s a point of contention in 2031, too.

– Moving on to other entities, I wonder if the Republicans will try to do to Kirk Watson in the Senate what they’ve tried to do to Doggett in Congress. It amazes me that Travis County has pieces of so many Congressional districts in it – I joked back in 2011 that if the GOP could have figured out a way to put a piece of all 36 Congressional districts in Travis County they would have – all but one of which is held by a Republican, yet the large majority of SD14 is in Travis County, and the large majority of Travis County is represented by good old liberal Watson. Maybe it’s harder to stick a shiv in a colleague than some chump in Washington, I don’t know. But if SD14 survives more or less intact in 2021, I will begin to wonder just what Sen. Watson has on his fellow Senators.

– I also wonder if SD19, which has a lot of overlap with CD23, might get tinkered with in a way that would make it more of a district that could be won by either party based on whether or not it’s a Presidential year. SD19 isn’t that heavily Democratic, though Sen. Uresti survived 2010 intact and is on a Presidential cycle this decade. There’s less pressing a need for this from a GOP perspective since the two thirds rule was killed, and there’s still that pesky litigation and the queasiness they may feel about knifing a colleague, but hey, a seat’s a seat.

– The GOP will likely try to make SD10 a little redder, and if they think about it, they might take a look at SD16, too. That district can be pretty purple in Presidential years (it’s on a non-Presidential cycle this time around), and with a less-congenial member in place now than John Carona was, it could be a tempting target. Major surgery isn’t required to shore it up, just a little nip and tuck. Just a thought.

– As for the State House, the two main questions for me are whether Harris County will get 25 members again, and if Dallas County, which lost two seats in 2011, will get one or more back. We won’t know the answer to these questions until the Redistricting Committee gets down to brass tacks in 2021.

– The ongoing litigation is as much about the State House as it is Congress, though in both cases the number of districts currently in dispute is small. As with the Congressional districts, I fully expect that the same fights will occur over the same places, which includes the places where the court ruled against the plaintiffs initially. Some of those places – western Harris County (HD132), Fort Bend (HD26), the Killeen/Fort Hood area (HD54) – could support districts that are tossup/lean Dem right now if one were inclined to draw such things. I suspect that battleground will be bigger in 2021.

– Since the debacle of 2010, much has been written about the decline of Anglo Democrats in the Lege. That number has dipped again, thanks to the retirement of Rep. Elliott Naishtat and subsequent primary win by Gina Hinojosa. What could at least temporarily reverse that trend is for Dems to finally win a couple of the swingy Dallas County seats that are currently held by Republicans, specifically (in order of difficulty) HDs 114, 115, and 102. (HDs 105 and 107 are far closer electorally, but checking the candidateswebsites, the Dems in question are both Latinas.) Longer term, if the Dems can make themselves more competitive in suburban areas, that number will increase. This is a corollary of Mary Beth Roger’s prescription for Texas Dems, and it’s something that needs more emphasis. Texas Dems ain’t going anywhere till we can be a credible electoral threat in suburban counties. Our pre-2010 caucus was bolstered by the presence of legacy rural incumbents. We’re not winning those seats back any time soon. The good news is that we don’t need to. The opportunities are elsewhere. The bad news is that we haven’t figured our how to take advantage of it, and it’s not clear that we’re putting that much effort into figuring it out.

Three legislators announce their departure

The first to say goodbye is Rep. Sylvester Turner.

Rep. Sylvester Turner

Rep. Sylvester Turner

Representative Sylvester Turner fought back tears today as the House gave him a bipartisan farewell as he concluded a 26-year legislative career to run for Houston mayor. “My time is up. My season is about here. And Mr. Speaker, in 24 hours, my desk will be clear,” Turner told the House, his eyes filled with tears.

Turner, who sometimes is called the “conscience of the House,” had once contemplated a career in the ministry before turning to law and politics. “God made me a very passionate person,” Turner said. “For twenty-six years, I have made this my ministry. And I’ve tried to hold true to it.”

Win or lose, Turner said he always tried to make a difference.

“I have given it my best. I have fought hard for the things I believe. I have done my best to keep them at the front. I have not won every battle. Every vote has not come my way, but I have given it all that I could,” Turner said.

At one point, he choked up and could not speak. Taking a white handkerchief from his pocket, he wiped his eyes.

“I love each and every one of you,” he told his colleagues. “Whether we have voted together or not is not important to me. Whether you are a D or an R is not important to me. The reality is we are Texans, but proud Texans.”

There has been some confusion in published reports about the exact nature of Rep. Turner’s plans. I emailed his campaign and have confirmed that while he is not running for re-election, he will not resign his seat until he wins the Houston Mayor’s race. (Yes, “wins” was the term used in our correspondence. What would you have expected?) I suppose that could leave some wiggle room in the event he loses, but I see no reason not to take him at his word. I expect there will be a spirited primary for HD139 next March.

Next, Rep. Jimmie Don Aycock, the Chair of the House Public Education committee, announced his departure.

When the Texas Legislature tackles a long overdue overhaul of the state’s school finance system, it will have to do without the lawmaker who has shepherded its two chambers through complex education issues for the last two sessions.

State Rep. Jimmie Don Aycock, R-Killeen, announced Monday he will not seek re-election after almost a decade in the Texas House.

“Let me urge you as you go forward to not think about the extremes on the right or the left but to think about good policy,” Aycock said in an emotional parting speech on the House floor, as he asked his colleagues to remember that the state’s 5.2 million school children depended on them.

Known for his plainspoken good humor — and his deft balancing of the diverse and often warring factions within the education community — the veterinarian, rancher and former school board member has served as the chamber’s Public Education Committee chairman since 2013.

“I don’t think there is anybody in this body who has garnered the respect that you have for your evenhanded way of dealing with things, authentic way of being, and willingness to do what’s right for the state of Texas,” state Rep. Donna Howard, D-Austin, told Aycock on the floor Monday.

I’ll have more to say on this in a minute. Rep. Aycock had been rumored to be leaving. He’s been an honest broker and a good Public Ed chair. I don’t know who’s next in line – Rep. Alma Allen is the Vice Chair, but there’s no way that a Dem will get the gavel; looking at the other members, I’d guess Rep. Dan Huberty, with Rep. Marsha Farney, a former SBOE member, as a dark horse possibility – but he or she will have a tough act to follow.

And finally, Rep. Joe Farias also chose to hang them up.

After five sessions in the Texas House, Democratic state Rep. Joe Farias of San Antonio announced Monday that he will not seek re-election.

A veteran of the U.S. Army, Farias emerged as a key player this year in the fight against proposed cuts to the Hazlewood program, a popular college tuition initiative benefiting Texas veterans. Ahead of the debate on Hazlewood, Farias gave an emotional speech in which he asked his colleagues to not break a promise the state had made to its veterans.

“Why take from them when they’ve given so much?” Farias said in his speech about veterans and their families. The bill aimed at reining in Hazlewood’s costs died after Farias and other military veterans in the House rallied against the proposal.

Democratic state Rep. Armando Walle of Houston, Farias’ deskmate in the House, announced his colleague’s retirement.

“What you have sacrificed for this country, Joe, none of us can ever repay you,” Walle said after announcing Farias’ departure.

I met and interviewed Rep. Farias during his first campaign in 2006. A good guy and a good member, and his departure is a good opportunity for an up-and-comer.

What makes these latter two announcements interesting is that HDs 54 and 118 pass for what counts as swing districts in Texas. Here’s the relevant election data:

2012 Dist Romney Obama Romney% Obama% ======================================== 054 25,343 21,909 52.9% 45.7% 118 17,824 22,234 43.3% 55.2% 2014 Dist Abbott Davis Abbott% Davis% ======================================== 054 14,945 9,086 61.1% 37.1% 118 10,452 11,899 45.8% 52.1%

Basically, a Dem could win HD54 in 2016, but would have a very hard time holding it in 2018, barring a fundamental change in off-year turnout patterns. Similarly, a Republican could win HD118 in an off year, but probably not a Presidential year. Still, as these are two non-hopeless seats, I’d expect them to be very much on the radar next year. All of this is modulo any potential court-mandated changes to district lines. I don’t expect any changes to HD54, though one could draw it as a Dem-majority district (there was at least one proposed map in 2011 that did so), but HD118 could change, if only as a consequence of HD117 changing. I’ll be keeping an eye on them no matter what. In the meantime, my best wishes to all three of these Reps as they enter the next stage of their lives.

Redistricting update

From Russ Tidwell, writing at Letters from Texas:

Plan H382

There is well-established case law around redistricting that calls for creating a new minority opportunity district anytime a compact majority of a single minority group can be established (i.e., majority Black or majority Hispanic), but a combination of the two doesn’t necessarily count.

While Texas is seeing explosive growth in its various minority populations, much of that growth is not concentrated in single minority neighborhoods. Rather, much of this population has been diffused into the close-in suburbs of our major urban counties and other small cities. Multi-ethnic communities of Hispanics, Blacks, Asians and Anglos have emerged in Mesquite, Garland, Irving, Arlington, Grand Prairie, Killeen, Waco, Sugar Land, and western Harris County.

It is literally impossible to draw compact districts here that have a majority of any single minority.

As noted in a previous post, by 2008, minority citizens in many of these naturally-occurring suburban concentrations had elected the candidates of their choice to the Texas House, and this made a difference. The House was closely divided and all minority legislators had the opportunity to be “at the table.”

The 2010 electoral tsunami swept out the minority candidates of choice in all swing districts. The resulting Anglo supermajority in the legislature attempted to make its status permanent by dismantling the districts that had given minority citizens voice. Alternatively packing and fragmenting those voters was the process. Litigation ensued.

Do those minority citizens in ethnically diverse communities have voting rights? That is what the redistricting litigation is about in large part. The State of Texas, in closing arguments at trial, says they do not. The state, in effect, says that if a minority citizen cannot be drawn in to a district with a majority of the population from a single minority group, they have no other voting rights protection. Believe it or not, that is the state’s position in federal court.

The Perez Plaintiffs published a demonstration map (view the map and view the analysis) showing eleven hypothetical State House districts in suburban Texas where this fragmentation occurred. This map reverses that fragmentation and produces eleven compact districts where minority citizens would have the opportunity to elect the candidates of their choice.

These demonstration districts have a total population of 1,834,145. Just over a million of them are Black or Hispanic (1,002,389); another 184,802 are Asian. Almost 65% of this population is minority, yet it is impossible to draw one district in this territory that has a majority of a single minority group. The population is too diffused.

This map would recognize voting rights for almost 1.2 million people who are disenfranchised under the state’s enacted plan. That is the significance of this litigation.

Tidwell notes that final arguments and briefs have been filed with the three-judge panel in San Antonio, so one presumes we will get a ruling sometime in the next few months, with the possibility of new maps being in place for the 2016 election. The Perez plaintiffs’ map and associated data can be found here. There’s also a Plan 381, which shows all of the districts that would be affected after these 11 were changed. In any event, the point is that either the state will get some number of these minority fusion districts or it won’t. That’s the question for the court. There is no election data analysis for the Perez plan, but based on the data I recall seeing for maps that got proposed during the redistricting process in 2011, it’s fair to say all 11 districts in the Perez map would be friendlier to Dems, in some cases tilting competitive but red-leaning districts blue, and in others (such as HD26) turning solid red districts into competitive ones. How likely any of this is to happen, including at the appellate levels, I don’t know. But this is where we are as of today.

Endorsement watch: The Parent PAC November slate

For your approval.

Texas Parent PAC is delighted to endorse the following candidates in the general election.  They are men and women of integrity, open and responsive to parents, actively involved in their communities, and committed to investing in public education to achieve economic prosperity in Texas.

Please vote for these endorsed candidates and encourage your friends and family to vote as well!  Early Voting is October 22 – November 2 and Election Day is Tuesday, November 6.

Read about the endorsement process here.  To find out your district number for State Senator and State Representative, look on your voter registration card or enter your address on the “Who Represents Me?” section at the Capitol web site.

Texas Parent PAC is a bipartisan political action committee.  In the 2012 Texas primary and general elections, the PAC has endorsed 28 Republicans and 25 Democrats.

Texas Senate
S.D. 10: Sen. Wendy Davis, D-Fort Worth
S.D. 25: John Courage, D-San Antonio
S.D. 29: Sen. José Rodríguez, D-El Paso

Texas House of Representatives
H.D. 23: Rep. Craig Eiland, D-Galveston
H.D. 24: Greg Bonnen, R-Friendswood
H.D. 29: Ed Thompson, R-Pearland
H.D. 34: Abel Herrero, D-Robstown
H.D. 41: Bobby Guerra, D-McAllen
H.D. 43: Yvonne Gonzalez Toureilles, D-Alice
H.D. 45: John Adams, D-Dripping Springs
H.D. 54: Rep. Jimmie Don Aycock, R-Killeen
H.D. 59: J. D. Sheffield, R-Gatesville
H.D. 74: Poncho  Nevárez, D-Eagle Pass
H.D. 78: Joe Moody, D-El Paso
H.D. 85: Dora Olivo, D-Richmond
H.D. 94: Rep. Diane Patrick, R-Arlington
H.D. 95: Nicole Collier, D-Fort Worth
H.D. 101: Chris Turner, D-Arlington
H.D. 102: Rich Hancock, D-Richardson
H.D. 105: Dr. Rosemary Robbins, D-Irving
H.D. 107: Robert Miklos, D-Dallas
H.D. 115: Bennett Ratliff, R-Coppell
H.D. 117: Philip Cortez, D-San Antonio
H.D. 118: Rep. Joe Farias, D-San Antonio
H.D. 125: Justin Rodriguez, D-San Antonio
H.D. 134: Ann Johnson, D-Houston, TV spot
H.D. 136: Matt Stillwell, D-Cedar Park
H.D. 137: Gene Wu, D-Houston
H.D. 144: Mary Ann Perez, D-Pasadena
H.D. 149: Rep. Hubert Vo, D-Houston

Here was their slate from the primaries, and an accounting of who won among those candidates. You may notice that there are four candidates that were endorsed in the GOP primary that are not on this list – Cecil Bell (HD02), Chris Peddie (HD09), Trent Ashby (HD57), and Jason Villalba (HD114). The first three have no Democratic opponents and are therefore for all intents and purposes already elected. As for Villalba, I asked Carolyn Boyle about that race, and received this response:

From the beginning, Jason was a “primary only endorsement” because Texas Parent PAC had endorsed Carol Kent in the past and she is great. Jason agreed that once the primary was over he would delete any reference to the Parent PAC endorsement for the primary, and the PAC did as well. It was important to defeat Bill Keffer in the primary, and Jason is a supporter of public education. We are staying out of the general election with Jason vs. Carol…let the voters decide, as both will advocate for public education.

So there you have it. As I did with the primary, I’ll check the scoreboard for Parent PAC after the election is over.

Back to Blue

The Texas House Democratic Campaign Committee has announced its list of targeted districts for 2012. From their press release:

The list of nine includes five former House members — Abel Herrero (HD 34), Yvonne Gonzales Toureilles (HD 43), Carol Kent (HD 114), Robert Miklos (HD 107), and Joe Moody (HD 78); and four new candidates — Phil Cortez (HD 117), Ann Johnson (HD 134), Mary Ann Perez (HD 144), and Rosemary Robbins (HD 105).

The organization also announced that two of their major donors have pledged to match up to $75,000 in contributions to kick off the “Back to Blue” effort.

“The HDCC has a proven track record of helping Democratic House candidates win,” said state Representative and HDCC Board Member Jessica Farrar, “Our mission is to turn Texas House seats blue and with these candidates on our team in 2012, we will be successful.

“Thanks to our generous contributors, we have an incredible opportunity to double down and raise the money needed to win these seats,” continued Farrar.

In addition to organizational assistance, staff support, and message training, candidates targeted by the HDCC will receive financial support.

“My campaign has knocked on over 25,000 doors in Dallas County and from the conversations I’ve had with voters, I know that Democrats are on the right side of the issues. We continue to support our neighborhood schools, fight to protect women’s health and stand up to Republican lawmakers who chose not to play by the rules,” said Robert Miklos. “I know that with the HDCC’s support, the hard work of my campaign team, and the generous help of those who care about the future of our state, I will win on Election Day.”

“I am proud to have the support of the Texas HDCC and to be recognized as a ‘Back to Blue’ candidate. This shows our hard work in Houston is paying off,” said Ann Johnson. “Our voters and the people we’ve talked to don’t want politics as usual. They want someone they can count on and will be held accountable for the promises they make.”

See here for more; the HDCC is also on Facebook and Twitter. In addition to those nine, they have a five-member second tier, and three incumbents they’ve identified as in need of some protection – Reps. Craig Eiland, Joe Farias, and Hubert Vo. The five B-listers are Robert Stem (HD12), John Adams (HD45), Dora Olivo (HD85, another former member), Rich Hancock (HD102), and Matt Stilwell (HD136). I’m a numbers guy, so here are some numbers:

Top tier Dist Incumbent Obama Houston ================================== 034 Scott 52.58 58.83 043 Lozano 47.94 54.68 078 Margo 55.31 56.84 105 Harper-Brown 46.14 48.18 107 Sheets 46.71 48.46 114 Open 46.57 45.66 117 Garza 52.52 52.76 134 Davis 46.68 42.56 144 Open 47.95 54.53 Second tier Dist Incumbent Obama Houston ================================== 012 Open 39.38 46.67 045 Isaac 46.92 45.84 085 Open 40.68 45.22 102 Carter 46.64 46.75 136 Open 45.92 42.93 Incumbent protection Dist Incumbent Obama Houston ================================== 023 Eiland 47.77 54.22 118 Farias 55.10 57.61 149 Vo 55.52 56.35 Others of interest Dist Incumbent Obama Houston ================================== 017 Kleinschmidt 41.93 47.24 032 Hunter 42.57 46.20 041 Open* 57.05 59.68 047 Workman 44.75 41.27 052 Gonzales 46.18 45.01 054 Aycock 47.93 49.01 065 Open 43.04 42.36 074 Open* 57.91 61.32 113 Burkett 46.05 47.87 115 Open 43.86 43.24

Electoral data can be found here; look in the RED206 for the relevant information. The “others of interest” are my own selections. The two starred seats are open D seats; HD41 was Veronica Gonzales and HD74 was Pete Gallego.

Democrats are going to pick up three seats by default: HDs 35, 40, and 101. The former two were left open by Reps. Aliseda and Pena, the latter is a new district in Tarrant County. Strictly by the numbers, I’d classify HDs 34 and 78 are Democratic Favored; HD117 as Lean Democratic; HDs 43 and 144 as Tossup; HDs 105 and 107 as Lean Republican; and HDs 114 and 134 as Republican Favored. There are plenty of other factors to consider – candidate quality, fundraising, demographic change since 2008, etc – but let’s stick with just the numbers for now. Let’s be optimistic and say Dems can pick up seven of these nine top tier seats and not lose any they currently hold; honestly, only Eiland would seem to be in real danger. That’s a ten-seat net, which with Lozano’s switch gets them to 57. Better, but still a long way to go. The map for 2012 is unlikely to expand beyond the indicated second tier, as not all of the “other districts” I’ve identified have Dems running in them.

Certainly it’s possible for things to go better for the Dems, but worse is also in play. You could imagine a true disaster in which they get nothing but the three gimmes and lose Eiland along the way for a net +2 and only 49 seats, or one more than they had in 2011. I don’t think that’s likely, but it’s not out of the question. The long-awaited ruling from the DC Court will almost certainly trigger a new map from the San Antonio court, and for all we know the Lege may take another crack at drawing a map. The original San Antonio Court interim map made a 60-member Dem caucus likely, with friendlier Dallas districts, a Dem-favored HD54, and a tossup HD26 in Fort Bend among the differences. All I can say at this point is that I don’t believe we should get too accustomed to this interim map.

So that’s the state of play for this cycle. Go look at the candidates, pick a few favorites, and give to them or give to the HDCC. Change isn’t going to happen without your help.

Who will be the Lege education expert post-Hochberg?

In writing a political obituary for State Rep. Scott Hochberg, who announced his retirement from the House last week, Abby Rapoport spends a paragraph on his purported successor as the go-to education legislator.

Rep. Jimmie Don Aycock, R-Killeen, is clearly the chosen member to take the reins from Hochberg, but it’s bound to be a tough job. During the session, it fell to Aycock to try, unsuccessfully, to pass a fiscal matters bill containing school finance language. While Aycock is undoubtedly smart and eager, he’s only in his third term. Hochberg had the trust of his colleagues, that he both understood all sides and would explain the policy options fairly.

The House will dearly miss its resident nerd.

Rep. Aycock is a ParentPAC endorsee, and is certainly well regarded on education issues. There’s only one problem: The San Antonio court put him in a district that voted over 60% for President Obama in 2008. Even if SCOTUS throws out the San Antonio map and restores the original Lege-drawn one for 2012, there are no guarantees that Aycock will be back, as the HD54 that was drawn for him by his colleagues was mighty purple. He’d at least be a favorite under the Lege map, but he’d be no lock.

Putting it another way, if Hochberg is Matt Schaub, and Aycock is Matt Leinert, who’s TJ Yates? That person may find himself or herself suddenly thrust into the spotlight in 2013. Better make sure he or she is taking extra reps, because this scenario is entirely foreseeable, and we need to be prepared for it.

New map, new opportunities: Outside the urban areas, part 2

More districts to look at for Democratic opportunities outside of the traditional urban areas.


District: 45

Incumbent: Jason Isaacs (first elected in 2010)

Counties: Blanco, Hays

Best 2008 Dem performance: Barack Obama, 46.78%

Patrick Rose won this district in 2002, the only Democratic takeover of an existing Republican seat that year. Like many other Democratic legislators, he was swamped by the 2010 tide. The new HD45 drops Caldwell County, which was moderately Democratic at the downballot level in 2008; adding it in makes Susan Strawn, at 47.1%, the top Democratic performer. Rose always won with crossover appeal; as that was in short supply last year, he lost. If Hays County gets blue enough, crossover appeal won’t matter much, but until then a candidate will likely need at least a few Republican defectors to win. I don’t know what kind of Democratic organization exists in Hays right now, but there needs to be some for 2012.

HDs 52 and 149

District: 52
District: 149

Incumbent: Larry Gonzales (HD52, first elected in 2010); none (HD149)

Counties: Williamson (part) for each

Best 2008 Dem performance:Barack Obama for each, 46.18% in HD52, 45.92% in HD149.

Unlike a lot of other districts, Obama outperformed the rest of the ticket here, by three to six points in each case. I don’t know how that changes the dynamic, but I thought it was worth noting. Both districts are in the southern end of WilCo, the fastest growing and closest to Austin parts of the district. I don’t know how conducive they’ll be to electing Democratic reps in 2012, though obviously they both need to be strongly challenged, but it’s not hard to imagine them getting more competitive as the decade goes on. I don’t expect there to be too many boring elections in either of them.


District: 54

Incumbent: Jimmie Don Aycock (first elected in 2006)

Counties: Bell (part), Lampasas

Best 2008 Dem performance: Sam Houston, 49.01% (plurality)

This one was totally not on my radar. It was so unexpected to me that I figured Aycock, who won easily in 2006 and hasn’t faced a Democrat since, must have gotten screwed somehow by the committee. The 2008 numbers for his old district, in which Houston also got a plurality with a hair under 49%, says otherwise. HD54 swaps out Burnet County (now in HD20, one of the three Williamson County districts) for more of Bell but remains about the same electorally. Typically, downballot Democrats did better than the top of the ticket, with only Jim Jordan and JR Molina not holding their opponents under 50% (McCain got 51.20%, Cornyn 53.85%). I figure the 2008 result in HD54 was a surprise, but the 2012 possibilities should not be. One possible wild card: Aycock was a ParentPAC-backed candidate in 2006, and as far as I know he maintained that endorsement in 2008 and 2010. Back then, the main issue was vouchers, which have been dormant in recent years. Will Aycock’s vote for HB1 and its $8 billion cut to public education cost him ParentPAC support? If so, might that result in a primary challenge, or a general election opponent? That will be worth paying attention to, as it could affect other races as well.

Collin and Denton Counties

District: 64
District: 65
District: 66
District: 67

Incumbent, HD64: Myra Crownover (first elected in 2000)
Incumbent, HD65: Burt Solomons (first elected in 1994)
Incumbent, HD66: Van Taylor (first elected in 2010)
Incumbent, HD67: Jerry Madden (first elected in 1992)

Counties: Collin (66 and 67) and Denton (64 and 65)

Best 2008 Dem performance, HD64: Sam Houston, 41.98%
Best 2008 Dem performance, HD65: Barack Obama, 43.04%
Best 2008 Dem performance, HD66: Barack Obama, 40.21%
Best 2008 Dem performance, HD67: Barack Obama, 39.59%

I don’t actually expect any of these districts to be competitive in 2012. However, if the Democrats hope to have any chance to take the House before the next round of redistricting, they’ll need to be by the end of the decade. Collin and Denton have been two of the fastest growing counties in the state – each got a new district in this map – and they have been slowly but surely trending Democratic. They started at a pretty low point, of course, so they can trend for a long time before it becomes relevant, but as more and more non-Anglos move into the traditional suburbs, I expect the trend to continue. The question is how fast, and how much blood and treasure the Democrats will put into hastening it.


District: 85

Incumbent: None

Counties: Fort Bend (part), Wharton, Jackson

Best 2008 Dem performance: Susan Strawn, 45.29%

This is the new Fort Bend district, comprising territory that had previously been represented by John Zerwas (Wharton and part of Fort Bend) and Geanie Morrison (Jackson). As with the Denton and Collin districts, it’s probably out of reach in 2012, but it’s also likely to see a lot of growth and demographic change over the course of the decade, and as such ought to get more competitive over time. And again, it needs to be, as I don’t see a path to a Democratic majority that doesn’t include districts like this.