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Justin Nelson

Gravis: Cruz 51, O’Rourke 42

Here’s a new poll of four statewide races in Texas, for which there may or may not be any news coverage. The executive summary:

Gravis Marketing, a nonpartisan research firm, conducted a random survey of 602 likely voters across Texas. The poll was conducted from July 3rd through July 7th and has a margin of error of ±4.0%. The totals may not round to 100% because of rounding. The survey was conducted using an online panel of cell phone users and interactive voice responses. The results are weighted by voting demographics. The poll was paid for by Gravis Marketing.

Rep. Beto O’Rourke

As there is no news story to excerpt, I’ll just go straight to the results:

US Senate: Ted Cruz 51, Beto O’Rourke 42

Governor: Greg Abbott 51, Lupe Valdez 41

Lt. Governor: Dan Patrick 46, Mike Collier 44

Attorney General: Ken Paxton 45, Justin Nelson 41

There are a bunch of approval and issue questions in the polling memo, so feel free to browse through it. I will note two things. One is that Gravis is rated as a C+ pollster by FiveThirtyEight, better than some but worse than many others. Like Quinnipiac, they have no record in Texas prior to this year that I’m aware of. Two, while I haven’t spent any time critiquing subsamples in the polls we’ve seen so far, I have to say that the subsamples in this poll are nuts. Somehow, Gravis found the most ridiculously and unbelievably Republican group of 18-29 year olds and Hispanics I’ve ever seen, as well as the least hostile-to-Democrats Anglos. I have no explanation for this, and to some extent it doesn’t really matter. It is what it is, and what it is is another data point. And that data point brings the Senate poll average to 46.9 for Cruz, and 40.0 for O’Rourke.

I heard about this poll via a campaign email from Mike Collier, who for obvious reasons wanted to tout this result. (The TDP subsequently posted about it.) The low “don’t know/no answer” rate for the Lite Guv and AG questions is suspicious, but maybe that’s a function of their “likely voter” screen. Collier trails Patrick 50.4 to 42.8 among white voters, which is why he is so close in the race despite trailing 43.8 to 36.4 among Hispanics and leading by a mere 57.9 to 34.9 among blacks. Did I make my incredulity about this polls’ subsamples clear enough? You see some wacky stuff sometimes when the subgroups are small, but good Lord. As I’ve said, it’s a data point. Don’t make any more of it than that.

Don’t expect a Ken Paxton trial to happen this year

Delays, delays, nothing but delays.

Best mugshot ever

Texas Attorney General Ken Paxton was indicted for fraud nearly three years ago but is unlikely to go on trial before Election Day.

Paxton’s trials are on hold while the Texas Court of Criminal Appeals decides whether the prosecutors on the case are being overpaid. The court went on summer recess Wednesday, and won’t hear any cases or issue any major opinions before the fall.

This means they won’t announce a decision in the pay case until September, at the earliest, which experts said will delay Paxton’s trial dates until after the Nov. 6 election — and probably into next year.

“I just don’t see there’s any way it gets tried before the election,” said Rusty Hardin, a Houston attorney who has represented everyone from Enron employees to athletes and TV stars. “I would have doubted that the trial would have happened before the election even if the Court of Criminal Appeals would have decided today.”

There’s more, so read the rest. Just for a sense of the timeline here, the 5th Court of Appeals in Dallas halted the special prosecutors’ pay last February, then ruled they had to give a bunch of it back to Collin County in August. The CCA then stayed that ruling pending any action it would take in September, and after giving everyone 30 days to respond to the prosecutors’ appeal of the 5th Court’s ruling, they agreed in December to formally review that ruling. At that time, it delayed the actual Paxton trial, which was originally set to start on December 11, to this year. More than six months later, the CCA has not scheduled oral arguments for that appeal, and so here we are. There are other factors at play here – the damage done to the Harris County courthouse by Harvey greatly complicates things, for example – but either until this lawsuit gets resolved, nothing else will happen. And just any ruling won’t get us back on track, because if the CCA lets the 5th Court’s ruling stand, the special prosecutors will resign, and we’ll have to start more or less from scratch. Ken Paxton could well be collecting his state pension by the time this sucker gets to a courthouse.

You’ve heard the expression that “justice delayed is justice denied”. Usually, that applies to the defendant, who is entitled by the Constitution to a fair and prompt trial. In this case, as Democratic nominee for AG Justin Nelson says in a statement, Ken Paxton is benefiting from the unending delays, with the assistance of his legislative cronies. You’d think a guy who loudly proclaims his innocence would want to get this over with, but not Ken Paxton. It would seem he’s just fine with putting this off, at least until after the election. Feel free to speculate as to why that might be.

UT/Trib: Cruz 41, O’Rourke 36, part 2

We pick up where we left off.

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

2014 Lege – GOP 46, Dem 38

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

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

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

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

Finance reports start coming in

And once again, CD07 is the big story.

The winner in the money chase so far is nonprofit executive Alex Triantaphyllis, who raised over $255,000 in the fourth quarter of 2017, bringing his total raised for the election to over $925,000. After expenses, that leaves him over $630,000 cash on hand heading into the final stretch of the March 6 primary.

Culberson, 17-year incumbent who trailed Triantaphyllis in fundraising at the end of September, responded in the last three months by raising more than $345,000, bringing his year-end total to over $949,000.

But Culberson’s campaign also has been burning through money more quickly than Triantaphyllis, leaving him with about $595,000 in the bank — a slightly smaller war chest than the Democrat’s.

Culberson ended the third quarter of 2017 – the end of September – with more than $645,000 in receipts, trailing Triantaphyllis’ $668,000. Culberson’s war chest of nearly $390,000 at the time also was dwarfed by the $535,000 Triantaphyllis had at his disposal, raising alarms in GOP circles.

While Culberson, a top Republican on the House Appropriations Committee, had narrowed the gap, he has not shown the usual outsized incumbent advantage in campaign fundraising. However unlike all the Democrats in the race, he does not face a well-funded primary opponent.

Three other Democrats have shown their fundraising chops ahead of the January 31 Federal Election Commission deadline.

Laura Moser, a writer and national anti-Trump activist, said she raised about $215,000 in the fourth quarter of 2017, bringing her total to about $616,340.

Another top fundraiser in the Democratic primary is Houston attorney Lizzie Pannill Fletcher, who had raised more than $550,000 by the end of September, trailing only Triantaphyllis and Culberson. She has since raised some $200,000 more, bringing her total to more than $750,000, leaving about $400,000 in cash on hand.

Houston physician Jason Westin, a researcher MD Anderson Cancer Center, reported $123,369 in fourth-quarter fundraising, bringing him up to a total of $421,303 for the election so far. He goes into the final primary stretch with $218,773.

Here’s where things stood in October. I recall reading somewhere that the totals so far were nice and all, but surely by now the candidates had tapped out their inner circles, and that from here on it was going to get tougher. Looks like the challenge was met. Links to various Congressional finance reports will be on my 2018 Congressional page; the pro tip is that the URL for each candidate stays the same.

Elsewhere, part 1:

Democratic gubernatorial candidate Andrew White raised over $200,000 during the first three weeks of his campaign, while one of his better-known primary opponents, Lupe Valdez, took in a quarter of that over roughly the same period.

White’s campaign told The Texas Tribune on Monday that he raised $219,277 from 200-plus donors through the end of the fundraising period on Dec. 31. The total haul includes $40,000 from White, a Houston businessman and the son of late Gov. Mark White. Andrew White announced his bid on Dec. 7.

[…]

Valdez, the former Dallas County sheriff who announced for governor the day before White did in early December, took in $46,498 through the end of that month, according to a filing Sunday with the Texas Ethics Commission. She has $40,346.62 cash on hand.

Nobody got started till December so the lower totals are understandable. But we’re in the big leagues now, so it’s time to step it up.

Elsewhere, part 2:

Mike Collier, a retired Kingwood accounttant running as a Democrat for lieutenant governor, on Friday said he will report raising about $500,000 in his bid to unsert Repubnlican incumbent Dan Patrick.

Collier said his campaign-finance report due Monday will show he has about $143,000 in cash on hand.

Patrick, who had about $17 million in his campaign war chest last July, has not yet reported his fundraising totals for the last six months of 2017. He raised about $4 million during the first part of 2017.

Not too bad. At this point in 2014, Collier had raised about $213K, and had loaned himself $400K. For comparison purposes, then-Sen. Leticia Van de Putte raised about $430K total between her account and her PAC.

Elsewhere, part 3:

Justin Nelson, a lawyer from Houston, raised $911,000 through the end of 2017, his campaign said Thursday. More than half of that amount — $500,000 — came out of the candidate’s own pocket.

[…]

Paxton has not yet released his most current fundraising numbers, but he reported more than $5 million in the bank in June.

As the story notes, neither Nelson nor Paxton have primary opponents. They will also be in the news a lot, mostly due to Paxton’s eventual trial. One suspects that could go a long way towards boosting Nelson’s name ID, depending on how it goes. I’ll have more on the reports from all the races later.

Chron profile of Justin Nelson

Hope he earns a lot of coverage in 2018, it sure would help.

Justin Nelson

Justin Nelson stood with his wife around the island in their kitchen and had one final gut check about campaigning to become Texas’ next attorney general: Were they really ready to give up a year of their lives so he could run as an underdog for the state’s third-highest political office?

Democrats have lost every race for statewide office for more than 20 years. Political analysts say even if a so called “blue wave” of Democratic voters flood polling places in next year’s election out of frustration with the Trump administration, Democrats like Nelson are still unlikely to break into statewide office.

But Nelson, an Austin-based trial lawyer counting on support from generous Democratic donors, contends 2018 can be different in a race running against Ken Paxton.

“I don’t think most people know (Paxton) is under indictment,” Nelson said recently from a table at Julio’s, his favorite Austin neighborhood restaurant. “I really believe to my core we need actual choices to run for office and I see an indicted, corrupted, extreme attorney general that looks like he’s going to get a pass from his own party, and I feel that we can do better.”

Nelson is political newcomer who specializes in high-stakes civil litigation including fraud, patents and constitutional issues for Susman Godfrey LLP, which is active in Democratic political circles, and his accolades include being named as among the “World’s Leading Patent Practitioners” by Intellectual Asset Management magazine and chaired the Economics of the Profession Committee in the American Bar Association’s Intellectual Property Division. He has also practiced and taught constitutional law and is an adjunct professor at The University of Texas School of Law.

He said he wants to sell voters on his qualifications and remind them that their state’s top lawyer has his own legal troubles.

Nelson’s polling in the race suggests people are not universally aware of Ken Paxton’s legal problems, and I have no reason to doubt that. I suspect that may change once the trial begins, as that ought to be big news, quite likely national news. We need to admit to ourselves that there’s risk in this strategy, because there is a non-zero chance Paxton gets acquitted, and if that happens he’s going to have one hell of a persecution/redemption story to tell. Beyond that, Nelson needs to raise enough money to get hs message about himself out, and of course it would be nice if turnout patterns we’ve seen this past year repeat themselves in Texas. Nelson’s a rare statewide Dem with no primary opponent, but he may get more attention than anyone outside the Governor’s race if things go his way.

Early polling on the AG race

It looks sexy, but keep your salt handy.

Justin Nelson

The 2018 election for the job of the state’s top lawyer could be a tight race if voters go to the polls knowing about Attorney General Ken Paxton’s criminal indictment, according to a Democratic pollster.

GBA Strategies, a Democratic polling operation based in Washington D.C., surveyed 500 likely Texas voters and found Paxton, the Republican incumbent, enjoyed a 7 percentage point lead over Austin attorney Justin Nelson, a Democratic newcomer, the firm reported in a memo Wednesday released by the Nelson campaign.

Once voters were informed of Paxton’s 2015 felony indictment and attacks on Nelson, respondents shifted their support, giving Nelson a 1 point lead, according to the firm. The survey, which was conducted Oct. 9 through Oct. 12, has a 4.4 percentage point margin of error and 95 percent confidence interval.

[…]

The poll also found Texas voters split on whether they approve of President Trump, finding 49 percent approve and 49 percent disapprove.

You can see Nelson’s statement about the poll here and the polling memo here. The key passages:

• Paxton starts with a narrow lead against a largely unknown opponent. Paxton carries 46 percent of the electorate in the initial vote with Justin Nelson garnering 40 percent. After undecided are asked which way they lean, Paxton leads 50 – 43 percent. Given Texas’ Republican leaning and Nelson being unknown, this is a weak starting point for Paxton.

• Paxton’s corrupt behavior is very damaging and moves Justin Nelson into the lead. When voters are informed about Paxton’s indictment, 62 percent say it raises serious doubts about him. After voters hear positive statements about both candidates and learning about Paxton’s indictment, the race moves from a 7-point Paxton advantage to a 5-point Nelson lead (49 – 44 percent). The additional information dramatically shifts Independents to Nelson’s side, while he also makes inroads with Republicans. Even after voters hear attacks against Nelson, he maintains a 1-point lead.

This is an internal poll and there’s no detailed data available, so the skepticism level is high to begin with. A few specific things to note:

– The number of undecided voters in this sample is amazingly low. For a point of comparison, look at the UT/Trib poll from June of 2014. They surveyed all of the statewide races, as the primary runoffs had concluded in May. I quote: “In the race for attorney general, Republican Ken Paxton leads Democrat Sam Houston 40 percent to 27 percent, with 27 percent undecided.” That’s a lot more undecided voters, in a poll conducted six months later into the race. With all due respect to Justin Nelson, not nearly enough people know who he is to get to forty percent in any poll.

Now to be sure, people are way more engaged than they were at this point in the 2014 cycle, and given that Paxton has been a high-profile miscreant since even before he was officially nominated. It may just be that people are expressing a strong level of disapproval of Paxton, which translated into a higher than usual amount of support for a newbie candidate like Nelson. I can’t discount that possibility, but I’ll want to see similar numbers from other polls before I buy it.

– The 49/49 approval numbers for Donald Trump are noteworthy, and as I’ve said before the fact that we’re operating in an environment where Democrats have more intense opinions about the President than Republicans do should have a real effect on 2018. That said, these numbers are actually a little better for Trump than what we’ve seen before – he was at 45/49 in an October UT/Trib poll, and at 42-54 in an April Texas Lyceum poll. I don’t want to read too much into any of this – different polls, different methodologies – but that’s very much a factor to watch.

– Finally, note the “when voters were informed” bit in the polling memo. You know what it takes to inform voters? Money, to fund an effective communications strategy in a big state with more than two dozen media markets. Of course, Ken Paxton goes on trial for a felony charge next year, with more charges in reserve depending on how that trial goes, so there’s a chance that Nelson will get a big, free assist in communicating that information. Or Paxton could beat the rap and turn that liability into a big ol’ rallying cry.

Anyway. I do think Ken Paxton is vulnerable, and I’m glad to see Justin Nelson be aggressive right out of the gate. But I would like to see some other polls before I get too excited about this one.

At some point we will be able to stop talking about who may run for Governor as a Democrat

That day is December 11. I am looking forward to it.

Andrew White

With less than a month before the filing deadline, the most prominent declared candidate for Texas governor is probably Andrew White, the son of former governor Mark White. White, a self-described “very conservative Democrat,” has never run for elected office and holds views on abortion likely to alienate some Democratic primary voters. (He says he wants to “increase access to healthcare and make abortion rare.”) In a November 2 Facebook post, Davis — a major figure in the state’s reproductive justice scene — called White “anti-choice” and summarized her reaction to his candidacy: “Uhh — no. Just no.”

For lieutenant governor, mild-mannered accountant Mike Collier — who lost a run for comptroller last cycle by 21 percentage points — is challenging Dan Patrick, one of the state’s most effective and well-funded conservative firebrands. Attorney General Ken Paxton, who will be fighting his securities fraud indictment during campaign season, drew a largely unheard-of Democratic opponent last week in attorney Justin Nelson, a former clerk for U.S. Supreme Court Justice Sandra Day O’Connor.

Candidate filing officially opened Saturday and ends December 11, but candidates who haven’t declared are missing opportunities for fundraising, building name recognition and organizing a campaign.

“Texas Democrats have quite clearly thrown in the towel for 2018,” said Mark P. Jones, a Rice University political scientist. “People truly committed to running would already be running; [the party] may be able to cajole, coerce or convince some higher-profile candidates to run, but with every passing day that’s less likely.”

Dallas County Sheriff Lupe Valdez announced last week that she’s considering a gubernatorial run, but her staff refused further comment and Valdez has yet to file. Whoever faces off with Governor Greg Abbott will be staring down a $41 million war chest.

Democratic party officials insist more candidates are forthcoming: “We’ve taken our punches for withholding the names of who we’re talking to,” said Manny Garcia, deputy director with the Texas Democratic Party. “It’s been personally frustrating to me because I know who we’re talking to and I know they’re exciting people.”

Castro agreed with Garcia: “I do believe that before the filing deadline you’re going to see people stepping up to run,” he told the Observer.

The lone bright spot on the statewide slate, said Jones, is Beto O’Rourke, the El Paso congressman taking on Ted Cruz. Highlighting the value of announcing early, O’Rourke has raised an impressive $4 million since March off mostly individual donations.

“Like in Battlestar Galactica, O’Rourke is Battlestar Galactica and then there’s this ragtag fleet of garbage ships and transports accompanying him,” Jones said of the current Democratic lineup, noting that even O’Rourke was a second-string option to Congressman Joaquín Castro.

Look, either Manny Garcia is right and we’ll be pleasantly surprised come December 12, or he’s being irrationally exuberant and we’ll all enjoy some gallows humor at his expense. Yeah, it would be nice to have a brand-name candidate out there raising money and his or her profile right now, but how much does two or three months really matter? Bill White was still running for a Senate seat that turned out not to be available at this time in 2009; he didn’t officially shift to Governor until the first week of December. If there is a candidate out there that will broadly satisfy people we’ll know soon enough; if not, we’ll need to get to work for the candidates we do have. Such is life.

In other filing news, you can see the 2018 Harris County GOP lineup to date here. For reasons I don’t quite understand, the HCDP has no such publicly available list at this time. You can see some pictures of candidates who have filed on the HCDP Facebook page, but most of those pictures have no captions and I have no idea who some of those people are. The SOS primary filings page is useless, and the TDP webpage has nothing, too. As for the Harris County GOP, a few notes:

– State Rep. Kevin Roberts is indeed in for CD02. He’s alone in that so far, and there isn’t a candidate for HD126 yet.

– Marc Cowart is their candidate for HCDE Trustee Position 3 At Large, the seat being vacated by Diane Trautman.

– So far, Sarah Davis is the only incumbent lucky enough to have drawn a primary challenger, but I expect that will change.

That’s about it for anything interesting. There really aren’t any good targets for them beyond that At Large HCDE seat, as the second edge of the redistricting sword is really safe seats for the other party, since you have to pack them in somewhere. Feel free to leave any good speculation or innuendo in the comments.

Filing season has begun

Candidate filing season is now open, and it will run for a month, concluding at 6 PM on Monday, December 11. There will be a lot of activity this year – we are already aware of so many candidates – and I’m sure there will be a few surprises. You can find candidate filings on the Secretary of State webpage, though I expect that will lag a day or so behind what county parties have. Here are a few things I can say so far:

– The first candidates to file for Governor are Tom Wakely and sign Grady Yarbrough. Is it written somewhere that in every generation there must be an annoying perennial candidate? Jeffrey Payne and Garry Brown are still to file, and then we have the being wooed/thinking about it trio of Andrew White, Michael Sorrell, and Lupe Valdez. I figure when/if one of them files, the other two will step aside. I will be surprised if more than one of them jumps in.

– Michael Cooper, who has been doing some tandem campaigning with Wakely, has filed for Lt. Governor. Mike Collier has been running for months and should be filing soon.

Justin Nelson was late in announcing but prompt in filing for Attorney General.

– We have a candidate for Railroad Commissioner: Roman McAllen, who has a preference for bow ties and wordy biographies. He’s on the board of Preservation Texas, which would make him a welcome alternate perspective to the shills and know-nothings that currently serve on the RRC.

– I don’t have a link to point you to for activity in Harris County at this time. I do know from talking to people that Lina Hidalgo (County Judge), Diane Trautman (County Clerk), and Dylan Osborne (County Treasurer) have filed. I also know that we may get a contested primary for County Judge as Mike Nichols is taking the filing period to explore a candidacy. Nichols has worked with the Houston Food Bank, the Houston Long Range Financial Management Task Force, Planned Parenthood, and the Houston Parks Board. We’ll see what he decides.

– At the state level, we still need someone to run for Comptroller and Land Commissioner; Kim Olson is running for Ag Commissioner. We know of two Supreme Court candidates, but we still need one more of those plus three for the Court of Criminal Appeals. We could use someone for CD22. In Harris County, we’re still looking for a candidate for County Commissioner in Precinct 2, a candidate for HCDE Position 4, Precinct 3, and State Rep in HDs 126, 132, and 135.

– Again, I think there will be some surprises. People get in and drop out at the last minute. I think we’re going to have a lot more contested primaries than we’re used to seeing. And of course I have no idea what may happen on the Republican side. It’s going to be an exciting four weeks. What are you looking for?

Justin Nelson to run against Paxton

About time we got an official candidate for this race.

Justin Nelson

Texas Attorney General Ken Paxton is getting his first Democratic opponent for re-election.

Attorney Justin Nelson is entering the race to be the state’s top lawyer with just over a month until the candidate filing deadline for the 2018 primaries.

“Justice is for all. Nobody is above the law,” Nelson said in a news release. “Texans can do better than our indicted Attorney General who is charged with criminal fraud.”

Paxton, who is seeking a second term, has been under indictment for most of his current term, fighting securities fraud charges stemming from allegations before his time as attorney general. Those legal troubles have made him a top target for Democrats in 2018, despite the void of challengers until now.

Nelson, 42, is a partner specializing in major civil litigation at the Houston law firm Susman Godfrey LLP and has been named a Texas Super Lawyer by Thomson Reuters. A graduate of Yale University and Columbia Law School, he clerked for former U.S. Supreme Court Justice Sandra Day O’Connor and for Harvie Wilkinson, a judge on the U.S. Court of Appeals for the 4th Circuit.

Nelson lives in Austin, where he is an adjunct professor at the University of Texas School of Law.

Nelson is not entirely new to politics. He is the founder and former president of One Nation One Vote, a group that is pushing to elect the president by popular vote. The issue has been a hot topic in the wake of the 2016 election, when Donald Trump beat Hillary Clinton in the Electoral College but lost to her in the popular vote.

I’ve been waiting for someone to announce a candidacy. You might win the lottery and get to run against a convicted felon. I knew someone would eventually run – I’d heard about a possible candidate who in retrospect probably was Justin Nelson several months ago – it was just a matter of time. Nelson may yet have company in the primary from outgoing Travis County Democratic Party Chair Vincent Harding, and there had been another potential candidate, Lubbock attorney John Gibson, who has decided to endorse Nelson instead. Nelson’s campaign webpage is here – I don’t see a link for a Facebook page yet – though it’s pretty bare bones right now. If nothing else, the broad themes of his campaign are already pretty clear. The Chron has more.