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Pasadena

Looking ahead to 2019

Yes, yes, I know. We’ve barely begun the 2018 cycle. Who in their right mind is thinking about 2019? I plead guilty to political insanity, but the beginning of the year is always the best time to look forward, and just as 2018 will be unlike any election year we’ve seen before, I think 2019 will be unusual, too. Let’s just take a moment to contemplate what lies ahead.

I’ve posted this list before, but just to review here are the Council members who are term-limited going into 2019:

Brenda Stardig – District A
Jerry Davis – District B
Ellen Cohen – District C
Mike Laster – District J
Larry Green – District K
Jack Christie – At Large #5

There is an opportunity for progressives to elect a candidate more favorable to them with CM Christie’s departure, and his At Large colleagues Mike Knox and Michael Kubosh will also draw attention. Against that, I would remind everyone that Bill King carried Districts C and J in 2015, so we’re going to have to play defense, too.

It is too early to start speculating about who might run where, but keep two things in mind. One is that there’s likely some pent-up demand for city offices, since there won’t have been an election since 2015, and two is that some number of people who are currently running for something in 2018 will find themselves on the sidelines by March or May, and some of them may decide to shift their focus to a more local race. The point I’m making here is expect there to be a lot of candidates, and not just for the term-limited offices. I don’t expect Mayor Turner to be seriously challenged, but I do expect the firefighters to find someone to support against him. Finally, I expect Pasadena to be a hotbed of action again for their May elections, as Democrats missed by seven votes in District B winning a majority on Pasadena City Council.

The following HISD Trustees are up for election in 2019:

Rhonda Skillern-Jones – District II
Sergio Lira – District III
Jolanda Jones – District IV
Diana Davila – District VIII

Skillern-Jones was forced into a runoff in 2015, but she then won that easily. Lira was elected this year to finish Manuel Rodriguez’s term. Jolanda is Jolanda, and no election that includes her will ever be boring. Davila sued to get on the Democratic primary ballot for Justice of the Peace, but was not successful. I have to assume whoever runs against her will make an issue of the fact that she was job-hopping in the interim.

The following HCC Trustees are up for election in 2019:

Zeph Capo – District 1
Dave Wilson – District 2
Neeta Sane – District 7

It is too early to think about who might be running for what in Houston and HISD. It is very much NOT too early to find and begin building support for a good candidate to run against Dave Wilson and kick his homophobic ass out of office. That is all.

Filing news: The “What’s up with Lupe Valdez?” edition

On Wednesday, we were told that Dallas County Sheriff Lupe Valdez had resigned her post in preparation for an announcement that she would be filing to run for Governor. Later that day, the story changed – she had not resigned, there was no news. As of yesterday, there’s still no news, though there are plans in place if there is news.

Sheriff Lupe Valdez

Candidates are lining up to replace Dallas County Sheriff Lupe Valdez if she resigns to file for governor.

Valdez, who has led the department since 2005, has said she is considering the next stage — and earlier this month said she was looking at the governor’s race. Her office said Wednesday night no decision has been made.

Valdez could not be reached for comment Wednesday night.

On Wednesday afternoon, media outlets, including The Dallas Morning News and WFAA (Ch. 8) reported that Valdez had resigned.

Lawyer Pete Schulte announced his candidacy Wednesday but later walked his intentions back after it became clear Valdez had not resigned.

He tweeted “Trying to find out how @dallasdemocrats Chair confirmed to some media today about @SheriffLupe retirement to run for Governor. Let me be clear: I have NO plans to run for DalCo Sheriff unless the Sheriff does retire early and will only run in 2020 IF Sheriff chooses to retire.”

At this point, I’m almost as interested in how the news got misreported as I am in actually seeing Valdez announce. Someone either said something that was true but premature, or not true for whatever the reason. I assume some level of fact-checking happened before the first story hit, so someone somewhere, perhaps several someones, has some explaining to do. I have to figure we’ll know for sure by Monday or so.

Anyway. In other news, from Glen Maxey on Facebook:

For the first time in decades, there are a full slate of candidates in the Third Court of Appeals (Austin), the Fifth Court (Dallas area) and the First and Fourteenth (Houston area). We can win control of those courts this election. This is where we start to see justice when we win back these courts! (We may have full slates in the El Paso, Corpus, San Antonio, etc courts, too. Just haven’t looked).

That’s a big deal, and it offers the potential for a lot of gains. But even just one or two pickups would be a step forward, and as these judges serve six-year terms with no resign-to-run requirements, they’re the natural farm team for the statewide benches.

From Montgomery County Democratic Party Chair Marc Meyer, in response to an earlier filing news post:

News from the frozen tundra (of Democratic politics, at least):
– Jay Stittleburg has filed to run for County Judge. This is the Montgomery County Democratic Party’s first candidate for County Judge since 1990.
– Steven David (Harris County) is running for CD08 against Kevin Brady. He has not filed for a spot on the ballot, yet, but has filed with the FEC.
– All three state house districts in the county will be contested by Democrats, but I’m not able to release names at this time.
– We have a candidate for District Clerk as well – he has filed a CTA, but is trying to get signed petitions to get on the ballot.
– We are still working on more down-ballot races, so hopefully there will be more news, soon.

It’s one thing to get Democrats to sign up in places like Harris and Fort Bend that have gone or may go blue. It’s another to get people to sign up in a dark crimson county like Montgomery. Kudos to Chair Meyer and his slate of candidates.

Speaking of Harris County, the big news is in County Commissioners Court Precinct 2, where Pasadena City Council member Sammy Casados has entered the primary. As you know, I’ve been pining for Adrian Garcia to get into this race. There’s no word on what if anything he’ll be doing next year, but that’s all right. CM Casados will be a great candidate. Go give his Facebook page a like and follow his campaign. He’ll have to win in March first, so I assume he’ll be hitting the ground running.

Adrian Garcia was known to have at least some interest in CD29 after Rep. Gene Green announced his retirement. I don’t know if that is still the case, but at this point he’s basically the last potential obstacle to Sen. Sylvia Garcia’s election. Rep. Carol Alvarado, who lost in SD06 to Sylvia Garcia following Mario Gallegos’ death, announced that she was filing for re-election in HD145; earlier in the day, Sylvia Garcia announced that Rep. Green had endorsed her to succeed him. I have to assume that Rep. Alvarado, like her fellow might-have-been contender in CD29 Rep. Armando Walle, is looking ahead to the future special election for Sen. Garcia’s seat. By the way, I keep specifying my Garcias in this post because two of Sylvia’s opponents in the primary are also named Garcia. If Adrian does jump in, there would be four of them. That has to be some kind of record.

Finally, in something other than filing news, HD138 candidate Adam Milasincic informs me that Greg Abbott has endorsed HD138 incumbent Rep. Dwayne Bohac. Abbott has pledged to be more active this cycle, as we’ve seen in HD134 and a few other districts, but Bohac has no primary opponent at this time. Bohac does have good reason to be worried about his chances next year, so it’s probably not a coincidence that Abbott stepped in this early to lend him a hand. Milasincic’s response is here, which you should at least watch to learn how to pronounce “Milasincic”.

UPDATE: I didn’t read all the way to the end of the statement I received from Rep. Alvarado concerning her decision to file for re-election. Here’s what it says at the very end:

I also look forward to following through on the encouragement that many of you have given to me about laying the groundwork for a campaign for a possible vacancy in Senate District 6.

As expected and now confirmed. Thanks to Campos for the reminder.

Pasadena City Council approves settlement in redistricting case

It’s over.

The Pasadena City Council voted unanimously Tuesday to approve a $1.1 million settlement agreement of a lawsuit challenging a city voting plan that a federal judge found diluted Latino voting influence.

Councilman Cody Ray Wheeler said that after four years of litigation and $3.5 million in legal fees he was glad to see the appeal come to an end.

“It all started out as a power grab that has now run its course,” Wheeler said. “In addition to the financial hit, the lawsuit gave the city a black eye in the national spotlight. It cost us progress and it cost us time.”

Councilman Phil Cayten said he would vote to end the lawsuit to save money even though he thought the city could have prevailed on appeal.

“I think the three more conservative judges of the appeal court would rule in favor of the City of Pasadena,” said Cayten, who apologized to constituents who favored continuing the appeal. “Let me just say that I believe in my heart that the City of Pasadena did not violate the Voting Rights Act or adopt a discriminatory election system.”

The settlement, recommended by new Mayor Jeff Wagner, calls for the city to pay for the plaintiffs’ legal fees and court costs, and to drop its appeal of U.S. District Judge Lee H. Rosenthal’s ruling regarding the 2013 council election system.

See here for the background. One of the consequences of this is that Pasadena is will be put under preclearance for six years, meaning that any changes they make to district lines or other election procedures will have to be approved before they can be implemented. The Trib explores this aspect of the settlement.

The local voting rights squabble had caught the attention of voting rights advocates and legal observers nationwide as some looked to it as a possible test case of whether the Voting Rights Act still serves as a safeguard for voters of color. The local voting rights squabble had caught the attention of voting rights advocates and legal observers nationwide as some looked to it as a possible test case of whether the Voting Rights Act still serves as a safeguard for voters of color.

As things stand now, the dispute won’t set broader precedent across Texas or beyond state lines. But in a state embroiled in court-determined voting rights violations on several fronts, the federal guardianship of Pasadena’s elections is meaningful, particularly following the U.S. Supreme Court’s 2013 finding that conditions for voters of color had “dramatically improved.”

“I think it’s significant that in 2017 we have a trial court finding of intentional racial discrimination by a city in Texas and that the drastic remedy of preclearance has been successfully imposed,” said Rick Hasen, a professor at the University of California, Irvine’s law school who specializes in election law. “The Pasadena ruling indicates that in some places racial discrimination in voting is very much a thing of the present.”

[…]

Rosenthal’s ruling was decisive for voting rights litigation playing out after that ruling, and the city’s move to drop its appeal and let the ruling stand sets up the possibility that Pasadena’s voting rights fight could play an outsized role in other court battles.

In 2013, the Supreme Court left open the possibility that political jurisdictions could be placed back under preclearance — through the Voting Rights Act’s “bail-in” provision — if they committed new discriminatory actions. Rosenthal set a possible standard that other courts can look to in deciding whether to bail in other jurisdictions, legal experts observed.

“It’s one more black mark against Texas” that could help in other voting rights litigation, said Richard Murray, a political science professor at the University of Houston who has studied voting rights cases for decades.

Pasadena’s vote to settle the case is likely to disappoint state leaders who had already filed an amicus brief in support of the city’s appeal that warned of “unwarranted federal intrusion.” State attorneys had deemed Rosenthal’s preclearance ruling improper because it was imposed for a single incident of discrimination instead of pervasive and rampant discrimination.

See here for more on that. I don’t know what if any precedent Pasadena will set, but I’d rather have this outcome going forward than the alternative.

Pasadena will settle voting rights case

Excellent news.

Pasadena Mayor Jeff Wagner on Friday asked the City Council to settle a voting rights lawsuit that led to national portrayals of the Houston suburb as an example of efforts to suppress Latino voting rights.

The proposed settlement with Latino residents who sued the city in 2014 over a new City Council district system calls for the city to pay $900,000 for the plaintiffs’ legal fees and $197,341 for court costs. The item will be on Tuesday’s City Council agenda.

“While I strongly believe that the city did not violate the Voting Rights Act or adopt a discriminatory election system,” Wagner said in a statement, “I think it’s in the best interest of the city to get this suit behind us.”

[…]

Approval of the settlement would end the city’s appeal of Rosenthal’s January ruling that the new council system intentionally diluted Latino voting strength. Voters approved the new system, which added two at-large council positions and removed two district seats, in a 2013 charter change election initiated by the former mayor.

Rosenthal ordered the city to use the previous system of eight district positions in the city elections last May. The city has paid more than $2 million to attorneys for the trial and appeal.

See here, here, and here for the background. This was a big decision to make – Pasadena could possibly have prevailed in the lawsuit, in which case they would not have owed the plaintiffs’ attorneys or the courts any money. That came at significant risk, as they would have had to spend a lot more on their own attorneys to see this all the way through, and would have owed a lot more if they had lost in the end. And then there was the whole matter of justice, which didn’t mean anything to the last Mayor but which thankfully seems to mean something to this one. All in all, this was very much the right thing to do. Council still has to approve it, but that should not be a problem. Well done, Mayor Wagner. Rick Hasen has more.

Still no word on what Pasadena will do with the redistricting appeal

We’re waiting.

Because the ruling went against the city, Pasadena is required to pay legal costs to attorneys for that group, the Mexican American Legal Defense Education Fund. In addition, the city’s fees to its legal representatives at Bickerstaff, Heath, Delgado and Acosta now total approximately $2.8 million as it pursues the appeal.

[…]

The council voted 5-3 on Aug. 1 to pay $45,585 to the Bickerstaff firm, bringing the total paid in legal fees over the last six months to the firm to more than $320,000. The city paid more than $2.5 million before the ruling.

At the Aug. 1 meeting, Councilman Don Harrison broached the topic of a settlement regarding MALDEF’s legal expenses.

“I understand through sources there are negotiations going on with MALDEF, who has requested $1.6 million to settle the lawsuit. We’ve had an executive session to discuss this, and yet we’re still continuing with the appeal,” said Harrison, who joined Sammy Casados and Cody Ray Wheeler in voting against approving the latest payment. “It’s time to settle this matter with MALDEF and get this lawsuit over.”

“We’re working everything we can, and once we get these numbers for sure we will have a council meeting to discuss this,” [Mayor Jeff] Wagner said.

See here for some background. The calculation is that if Pasadena eventually wins the appeal, they only have to pay their own lawyers and won’t owe the plaintiffs’ attorneys a dime. But if they lose, they will not only have paid their own lawyers that much more to keep on this, they’ll also owe attorneys’ fees for the plaintiffs, which will undoubtedly be a lot higher than the $1.6 million they’re apparently offering to take now. It’s almost as if that 2013 redistricting scheme pushed through by former Mayor Johnny Isbell was a really lousy idea that has served to put the city in such a terrible position today. Hindsight, y’all.

Pasadena has a decision to make

To continue the redistricting appeal, or to drop it and accept the ruling? One factor to consider is the cost involved.

Pasadena has already paid more than $2.5 million to its outside attorneys.

But there’s a complication: Under federal law, if the plaintiffs prevail, the city would be on the hook for their legal fees in addition to its own. The five Latino Pasadena residents who filed the lawsuit have been represented without charge by the Mexican American Legal Defense and Education Fund.

“As a nonprofit, we do depend on collecting legal fees when we are entitled to them when we represent plaintiffs who have been found to have been discriminated against,” said Thomas A. Saenz, MALDEF president and general counsel.

The potential for additional legal fees could support an argument to continue the appeal or to end it.

If the city instructs its lawyers to drop the case now, the two sides would negotiate a payment to MALDEF based on the market rate for this type of legal work in Houston and the number of hours devoted to the case.

If the city appeals and wins, its own legal fees will increase but it will owe nothing to MALDEF. If it loses, the bill goes up even more.

“They can stop the bleeding now or take the risk that it goes even higher,” said Saenz.

First, let’s be clear that however much money Pasadena winds up spending, primary responsibility for it falls on its former Mayor, Johnny Isbell. Of course, Isbell couldn’t have done what he did without four willing Council members, one of whom was new Mayor Jeff Wagner, who gets to decide the course going forward. The state of Texas would like Pasadena to continue the fight, but it’s not like they’re going to pony up some money for the lawyers at the end of it all. Settling now give Pasadena cost certainty, and maybe they can get a good-faith discount from the plaintiffs’ attorneys. Fighting on has the chance of getting to pay less than what they owe now, but good luck calculating an expected value for that outcome. And fighting on and losing is the worst of all worlds. So how risk-averse do you feel today, Mayor Wagner?

The broader implications of the Pasadena voting rights lawsuit

Buried in this Trib story about the ongoing saga of Pasadena’s voting rights lawsuit is this nugget about the state getting involved.

The case could reverberate beyond Pasadena’s city limits. Legal experts contend that a decision by the 5th Circuit could guide other courts around the country that are considering similar voting rights cases.

The Pasadena ruling also has the potential to help build a case against the state, which faces its own voting rights challenges in court, said Richard Murray, a political science professor at the University of Houston who has studied voting rights cases for decades.

In lifting federal electoral oversight for Texas and other jurisdictions in 2013, the U.S. Supreme Court noted that conditions for minority voters had “dramatically improved,” but the justices left open the possibility that political jurisdictions could be placed back under preclearance if they committed new discriminatory actions.

Earlier this year, Texas faced a barrage of federal court rulings that found the 2011 Legislature intentionally discriminated against voters of colors by passing a stringent voter ID law and re-drawing the state’s political maps. Those cases are still making their way through federal courts in Corpus Christi and San Antonio.

The Pasadena ruling — “particularly because it was so thoroughly stated and so strong and by a judge that has no history of favoring blacks or Latinos in redistricting cases” — could serve as “another brick in building this case that Texas has a recent history of discriminatory action,” Murray said.

In a sign that Texas leaders also see Pasadena as a potential problem for its own cases, state attorneys filed an amicus brief in support of the city’s appeal, arguing that preclearance “must be sparingly and cautiously applied” to avoid reimposing “unwarranted federal intrusion.”

Judge Rosenthal’s preclearance ruling in the Pasadena case was improper, the state contends, because it was imposed for a single incident of discrimination instead of pervasive and rampant discrimination.

Raise your hand if you’re surprised that the state got involved. I’m surprised it took them this long. It is not yet clear if the city of Pasadena will continue to pursue this appeal. New Mayor Jeff Wagner has said he will abide by the will of Pasadena City Council. He hasn’t said much about it since being elected, including when he might ask them for their opinion. The Fifth Circuit declined to overturn Judge Rosenthal’s injunction on using the 6-2 Council map, but they did not address the merits of the overall ruling, including the bail-in on Section 3 of the Voting Rights Act. I don’t know what the time frame for a hearing of that appeal at the Fifth Circuit might be, but broadly speaking it’s likely to be some time in 2018. Unless Pasadena decides to drop it and accept the lower court ruling, of course. Will the state’s intervention have an effect on that? We’ll know when Mayor Wagner asks Council to vote on the appeal.

May runoff results

I know I’ve been all about the Pearland and Pasadena runoffs, but this is easily the big story from yesterday.

Ron Nirenberg

With little more than 75% of precincts reporting, Mayor Ivy Taylor conceded victory to Councilman Ron Nirenberg (D8) just after 9 p.m. on Saturday, June 10.

Nirenberg received 54.43% of the vote to Taylor’s 45.57% so far. Exactly 5,266 votes separated the two in the early voting results. That margin has grown to more than 8,080.

“There are many issues obviously that differentiate my vision from Mayor Taylor’s – on transportation issues, on diversity issues, on public safety issues – and I think that the voters have made some clear choices about the direction that they want to take the city,” Nirenberg said. “This is a brand new Council so we want to get that everyone together and start working on a unified direction for the city.”

It’s been a fierce runoff over the past month with negative mailers and television ads coming from both sides. An incumbent upset is not unheard of, but relatively rare in San Antonio.

[…]

“In terms of specific issues, the things I’ve been talking about are getting modern transportation strategy put on paper so we can start developing it,” Nirenberg said. “Part of that will be voter approval of a mass transit system for San Antonio.”

You can see vote totals here. What Nirenberg says all sounds fine, but when I think of Ivy Taylor, I think of her vote against San Antonio’s non-discrimination ordinance, and more recently her vote against the SB4 lawsuit. Suffice it to say, I am pleased by this result. Congratulations, Mayor-elect Nirenberg.

Coming closer to home, results were mixed in Pasadena.

Pasadena City Council member Jeff Wagner beat businessman John “JR” Moon Saturday in the heated election in Pasadena to replace outgoing Mayor Johnny Isbell,

Wagner is closely aligned with Isbell, who has tightly controlled the city politics for decades but could not run again because of term limits.

“Voters in Pasadena don’t seem to be ready for change,” said University of Houston political scientist Brandon Rottinghaus. “It’s hard to persuade voters about change in a local election.”

[…]

Besides the race for mayor, Daniel Vela lost to Felipe Villarreal who were both vying for an open city council seat representing District A.

“It was going to be a tight race, either way,” Villarreal said. “I’m glad I got the better part of it.”

Vote totals are here, at least until the canvass. Villarreal was trailing after early voting, then won on Runoff Day by a 2-1 margin, which put him over the top. He was a Project LIFT candidate, so winning that race takes a bit of the sting off of the Mayor’s race result, and keeps Council at the previous mix, meaning new Mayor Wagner has four allies and four skeptics serving with him. We’ll see what he does with the voting rights lawsuit appeal – he had said he’d put it before Council, but as things stand he won’t get a majority to favor continuing the appeal. At best, it’ll be a 4-4 tie, which puts the ball back into his court. And it should be noted that despite Prof. Rottinghaus’ pessimism, the anti-Isbell forces were ten votes in May away from having control of Council. It’s not quite progress yet, but it’s not a step back either.

Pearland, alas, was less positive.

Pearland Mayor Tom Reid was leading challenger Quentin Wiltz in early returns Saturday in an election runoff over who will lead the fast-growing south Houston suburb.

And in the race for a newly created City Council position, Woody Owens was leading Dalia Kasseb in early returns.

The runoff elections reflected a city grappling with change in a suburb that has grown significantly in recent decades, with new and diverse residents moving to master-planned communities built on the west side of town.

Vote totals are here, though as of nearly 10 PM all there was to see were the early vote numbers. Both Reid and Owens were over 60%, so unless something shocking happened yesterday, they won easily. Turnout was higher for this race than it was for May – indeed, more votes were cast before yesterday than for the May election – so it seems the forces of the status quo carried the day. Unfortunate, but there it is. Thanks to Quentin Wiltz and Dalia Kasseb for running honorable campaigns and providing a base to build on for next time.

Today is Runoff Day

While I have nothing to vote for tomorrow, there are hot races in Pasadena and Pearland.

Changes in Pearland’s demographics have mirrored those in Houston, amplifying the effects of what this election will show, University of Houston political scientist Brandon Rottinghaus said.

“This election will tell us a lot about where the future of Houston will go and, therefore, where the future of Texas will go,” he said.

In the mayor’s race, 91-year-old incumbent Tom Reid faces a challenge from Quentin Wiltz, a 36-year-old project manager whom the mayor once recommended for a city park board position. In the council race, businessman and former city council member Woody Owens, 69, is running against 30-year-old pharmacist Dalia Kasseb, the first openly Muslim candidate for public office in Brazoria County history. She has never before run for elective office in the city, but Wiltz encouraged her run.

Owens says his past experience on council and professionally will be a benefit. He maintained that Pearland grew from a solid foundation and that the diverse city still has a united, small-town atmosphere. The campaign of the mayor, who has supported Owens, did not provide comment.

“We’re all Pearlanders,” Owens said.

Wiltz and Kasseb, who have been campaigning together, insist they have much to offer. They knocked on thousands of doors, they said, discussing with residents their ideas on mobility (HOV lanes, park and ride, a rail line), a nearby landfill that has been the subject of residents’ complaints and overall quality of life. They derided anti-Islamic and anti-Muslim social media posts that surfaced.

“Pearland has changed,” Wiltz said. “The challenges have changed.”

This one got a bit nasty, which may have helped generate some turnout. In May, there were 7,660 total votes cast. Early voting turnout for the runoff was 9,740 votes. I have no idea who that might benefit, but it’s interesting. Polling places for Pearland can be found here. I’ll report the results tomorrow.

There’s a more stark contrast in Pearland, both partisan and generational, which is less present in Pasadena.

In addition to the mayor’s race, voters will decide the District A council seat, where Felipe Villarreal and Daniel Vela are vying to represent part of the city’s north side.

The mayor’s race, however, is taking center stage as it marks a change from Isbell, who has led the city, off and on, for decades and now is term-limited.

“I want to give every candidate the benefit of the doubt,” said Cody Ray Wheeler, a councilman who frequently has butted heads with Isbell. “Whoever the next mayor is, I want to work with them.”

Wheeler ran unopposed for his District E seat during the May 6 election.

The runoff comes amid conflicts over racial tensions and access to the ballot box. Nearly two-thirds of city residents are Hispanic, up from less than one-third in 1990.

[…]

Moon, a commercial real estate agent and banker who grew up in Pasadena, is positioning himself as the candidate of change, a break from Isbell’s legacy.

“People want change,” Moon said. “They don’t want a continuation of the same, and I believe my opponent is a continuation of the same.”

Moon’s priorities include developing a multi-year capital improvement plan to spread infrastructure projects across the city, including streets and sidewalks. He wants to implement zero-based-budgeting for city departments to make them justify their spending. And he touts his credentials as chief financial officer of Moody Bank, based in Galveston, to help make shrewder financial decisions for the city.

Wagner did not respond to repeated requests for comment by email or phone. After a Pasadena city council meeting Tuesday, Wagner said he would meet a Houston Chronicle reporter outside, before exiting into a private room and reportedly leaving City Hall.

In campaign literature, Wagner touts his experience as a former Houston police officer and as a city councilman. He is widely seen as the candidate most aligned with Isbell.

Wagner and Moon also differ in their stances on the controversial voting rights lawsuit, which the city is appealing. Moon said he would stop the appeal, while Wagner said he would survey city council before making a decision.

As of Monday, according to the Harris County Clerk’s Office, 4,389 people had cast ballots during early voting. About 8,300 votes were cast during the May balloting.

You can find your polling place for Pasadena here. Wiltz and Kasseb in Pearland, and Villarreal in Pasadena are all Project LIFT candidates. One way or the other, there’s going to be some spin on these results.

Runoff endorsement watch: Moon for Mayor

The Chron picks their second choice for Mayor of Pasadena.

John “J.R.” Moon

The second-largest city in Harris County could use a good shake-up.

That’s why voters should elect John “J.R.” Moon Jr. for mayor in the city’s runoff election.

Moon, 58, would bring the outsider perspective that Pasadena needs. He has spent the past decade as a trustee for the top-rated San Jacinto College. In addition to his public service, Moon also has the business credentials to make for a fine mayor of a growing city – he is a certified CPA and former chief financial officer at Moody Bank. Moon currently works as a commercial real estate agent.

While scandal has dominated the headlines, Moon kept his focus on the core issues of education, economic growth and quality of life when he met with the editorial board. He specifically recommended updating the city’s infrastructure plans into a modern capital improvement system that’s the hallmark of transparent governance.

“It does not appear that we have had an effective plan over the last five years and you need to renew that plan on an annual basis,” Moon said.

[…]

Pasadena needs a mayor who can enter this office with eyes wide open if the city hopes to avoid further scandal.

Moon is Pasadena’s best choice to make these issues a thing of the past.

The Chron had previously endorsed Pat Van Houte, but she didn’t make the runoff. They remain steadfast in their desire to see as big a change from the Isbell era as possible. Early voting for the runoff is going on now through June 6 – you can see times and locations here. Felipe Villarreal is a Project LIFT candidate in the runoff for Pasadena City Council in District A, so if you live there please don’t forget about him, and don’t forget about Pearland if you live there. The runoff is June 10, so make a plan to make your voice heard.

May 6 election results

First and foremost, the HISD recapture re-referendum passed by a wide margin. The Yes vote was at 85% in early and absentee voting, and it will finish with about 84%; I started writing this at 10 PM, when 437 of 468 HISD precincts had reported. Turnout was over 27,000, with over 14,000 votes on Saturday, for about four percent turnout. Still not a lot of voters in an absolute sense, but more than I thought based on the EV tally.

In Pasadena, Council Member Jeff Wagner led the Mayor’s race with about 36% of the vote. He will face Lone Star College Trustee JR Moon, who had 18%, in the runoff. Wagner was the closest candidate to outgoing Mayor Johnny Isbell, and he also had the most money in the race, so the status quo didn’t do too badly. Pat Van Houte, Gloria Gallegos, and David Flores, who basically represented the anti-Isbell faction, combined for about 33%, but it was evenly split among the three of them. We’ve seen that before in Houston elections.

Of the TDP-endorsed Pasadena City Council candidates, three were unopposed, one (Felipe Villarreal) will be in a runoff, two (Oscar del Toro and Larry Peacock) lost by wide margins, and one (Steve Halvorson) lost by nine votes out of 805. There could be a recount in that race. Halvorson trailed by 41 in absentee ballots, led early in-person voting by 11, and led Election Day by 21, but it wasn’t quite enough. If Villarreal wins his runoff, the partisan balance on Council will be what it was before. Turnout was around 7,500 votes, in line with the 2009 election with the Election Day total being less than early in person voting.

In Humble ISD, candidates Chris Herron and Abby Whitmire both lost, getting 37 and 38 percent, respectively. I don’t know how that might compare to previous efforts, since there’s basically no history of Democratic-aligned candidates like those two running. I’ll have to get the precinct data and see if I can tease out Presidential numbers for the district.

As for Pearland, well, as of 10:30 PM there was still nothing more than early vote totals for Pearland City and Pearland ISD. Who knew I’d feel a pang of longing for Stan Stanart? High school student and future rock star Mike Floyd was leading his race for Pearland ISD 1,755 to 1,681, and in the end he cruised to a victory with 54%. I don’t know why the results aren’t refreshing for me from the Brazoria County Clerk website, but there you have it.

In the Pearland Mayor’s race, incumbent Tom Reid was leading with over 52% in early voting, but challenger and TDP-endorsed Quentin Wiltz had a strong showing on Saturday and forced a runoff.

While longtime Pearland Mayor Tom Reid had more than 50 percent of the vote during early elections, support for Quentin Wiltz poured in on election day, and both Reid and Wiltz will face a run-off election on June 10. Reid secured 48.85 percent of the vote and Wiltz earned 45.64 percent of the vote, according to the unofficial results posted by the Brazoria County Clerk’s Office. A third contender for mayor, Jimi Amos, received 5.51 percent of the vote.

“We have run a very positive campaign and it shows. People came out because they believe in the same message. It’s time to work; we’ve worked extremely hard, a lot of people know it doesn’t stop here. We have to continue the momentum and see where it takes us. I’m just a guy who has been active in his community who really cares about where this community is going to go,” Wiltz said about his campaign, which is entering a run-off election in June.

Nice. There were a couple of races of interest for Pearland City Council as well:

Incumbent Gary Moore also won his re-election bid on May 6. After securing 58.65 percent of the early votes, Moore came out with 55.32 percent of the total votes, beating out contender J. Darnell Jones. Moore will serve his second term on city council; he was first elected to serve in 2014 when he beat out then-incumbent Susan Sherrouse.

[…]

The most contested race of the election cycle is Pearland City Council position No. 7, which had six contestants running for the newly created council position. Because no contestant secured at least 50 percent of the vote, a run-off election will be held in June.

Shadow Creek Ranch resident Dalia Kasseb secured 40.78 percent percent of the vote. Kasseb will run against Woody Owens who received 21.05 percent of the vote.

“We’re going to keep at it keep sending our positive messages, keep talking to people and hearing their voices. We’re going to keep talking about the real issues and keep everything positive. That’s the main thing I want my campaign to be,” Kasseb said. “People in Pearland want diversity; they see that change coming in the future, and I’m going to keep fighting to make sure the voices of Pearland are going to be represented in council.”

If elected in a run-off, Kasseb would be the first Muslim elected to public office in Pearland and Brazoria County.

Wiltz and Jones were Project LIFT candidates. Dalia Kasseb was not, but as that second story notes she received support from the Brazoria County Democratic Party and had done a lot of campaigning in tandem with Wiltz. My guess is there was at least one other Democrat in that race, and I won’t be surprised if she gets a TDP nod for the runoff.

Last but not least, there will be a runoff in the San Antonio Mayor’s race, with incumbent Ivy Taylor facing Council Member Ron Nirenberg. I wasn’t following that race very closely.

Final EV report for the May 6 election

Before I get to the numbers, here’s a Chron overview of the Pasadena Mayor’s race that mentions the numbers towards the end.

“I believe it’s a pivotal time in this city’s history – that it can either draw together and continue being one city, or it can divide apart and be fractured,” said John Moon Jr., a commercial real estate agent who grew up in Pasadena and worked as a banker for more than 30 years.

In addition to Moon, the field of candidates includes Pasadena city council members Pat Van Houte and Jeff Wagner; Robert Talton, who served as a state representative from 1993 to 2009; Gilbert Peña, who represented the same district from 2015 until 2017; David Flores, a former city employee who runs a Pasadena-based construction business; and Gloria Gallegos, an assistant superintendent with the Pasadena Independent School District.

[…]

The candidates are stressing different issues.

Talton is campaigning for increased investment in the city’s police and fire departments and senior services. Moon wants a five-year capital improvement plan. Gallegos, based on her experience with the school district, is pushing workforce development programs to bring people out of the city’s growing poverty.

Peña has said he will invest in programs to grow small businesses. Flores is calling for city departments to formally justify funding requests. Flores has five misdemeanor convictions from 2001 to 2004, including for theft, assault and evading arrest, and giving a false name to a police officer. He said his trouble with the law helped spur a commitment to public service.

Van Houte, among others, calls for increased transparency among the city and touts her ability to speak English and Spanish as a means to better communicate with voters. She once was escorted from a council meeting after questioning Isbell’s redistricting plan.

Wagner emphasized boosting employee morale.

But while there are differences in the candidates’ priorities, all emphasize a strong need to break from the past, including what some have described as a “political machine” associated with Isbell.

“That machine is not alive and well right now, without a doubt,” Wagner said. “In the past, I’m sure they had it. But, this is a new day.”

It’s unclear whether the alleged disparate treatment of Latino residents will result in higher turnout by Hispanic voters. Historically, Hispanic voters have turned out at lower rates than white voters.

As of Tuesday, just more than 3,200 had cast ballots at Pasadena City Hall, which University of Houston political scientist Brandon Rottinghaus said was high. Rottinghaus said roughly 50 percent of voters come out to early voting, with another 50 percent on Election Day. In 2013, the number who cast ballots early was 1,327, according to city records.

Here are the final EV totals, which I saved for posterity since you never know when I may feel the need to reference them. (Like, maybe for the Pasadena Mayor’s race runoff.) There were 3,204 in person early votes cast in Pasadena, but that’s not the sum total of all votes, as of course there are also absentee ballots. I asked around and was informed that as of yesterday 1,548 mail ballots had been returned as well, for a grand total of 4,752. If Professor Rottinghaus is correct about how many votes are cast early versus on Election Day, then we are headed for either about 8,000 total votes cast or 9,500 total votes cast, depending on whether he meant to include absentee ballots in the half of votes being cast early.

That’s obviously a lot more than 2013, when Mayor Isbell was very lightly challenged by current candidate and former State Rep. Gilbert Pena. A better comparison is to 2009, when a much more contested Mayoral race drew 7,539 votes. This year seems to be on track to exceed that, possibly by a fair amount.

I’m not exactly sure how to tally up the early votes for Humble ISD, as there are two early vote locations in Humble ISD buildings plus a third location at Humble City Hall. The first two have seen a combined 2,817 votes, with another 426 at Humble City Hall. There are also some number of absentee ballots, but I have no way of knowing how many. In 2015 there were 2,150 early in person votes cast and 1,358 Election Day votes cast; in 2013 it was 2,410 early in person and 1,767 on Election Day. No matter how you slice it, this year looks busier, though it’s hard to say by how much.

Finally, in Brazoria County there have been 3,139 early in person votes cast in Pearland, which I will presume covers both the city and Pearland ISD. Just that amount, which does not include absentee ballots, is more than the grand total for the 2014 Pearland ISD election (the trustees there appear to serve three-year terms), in which 2,868 total votes were cast. The city of Pearland also appears to be on three-year terms, so they have elections each year. Turnout figures for those last three years: 2,744 in 2016, 3,559 in 2015, and 3,387 in 2014, which was the previous Mayor’s race. Again, it would seem that turnout will be higher than in any of those years, though at least some of that may be fueled just by population growth, as the number of registered voters in Pearland climbed from 58,563 in 2014 to 63,584 in 2016. Still, we appear to be three for three in terms of increased voter participation. We’ll see what if anything that means for the results.

Justice Department will send election monitors to Pasadena

Okay.

Pasadena City Council

The U.S. Department of Justice is monitoring the Pasadena city elections as the suburb faces mounting federal scrutiny in the wake of a federal judge’s ruling that the city intentionally violated the Voting Rights Act by discriminating against Hispanics.

Two observers will be present to ensure the Saturday elections are conducted smoothly, said C. Robert Heath, an attorney representing the city in the voting rights case.

But he said he didn’t know who asked for them, what their specific charge would be and which polling locations may be watched.

“They’re observers, and make sure everything goes right,” Heath said. “The city is happy to cooperate and we don’t have anything to hide.”

He said the city has already received preclearance from the Justice Department for its election contract with Harris County and for changes to polling locations that he described as “very minor.”

[…]

The justice department’s decision to use observers for the election drew praise from advocates for the city’s Hispanic voters.

“This week’s election is an important opportunity for all Pasadena voters, especially Latinos, to have their voices heard in selecting candidates to represent their interests and needs,” said Nina Perales with the the Mexican American Legal Defense and Educational Fund and lead attorney in the voting rights lawsuit. “MALDEF welcomes the U.S. Department of Justice, along with other observers who will watch this historic vote.”

Mayoral candidates Pat Van Houte and Gloria Gallegos, whose campaign sent out a press release about this item on Tuesday, are both quoted in the story with positive reactions to the news. I don’t know what to make of this any more than anyone else, but it can’t hurt to have some outside experts keeping an eye on things. Jeff Sessions is an evil troll, but there are still plenty of good rank and file people in the Justice Department. One hopes there will be nothing particularly interesting for them to observe.

Trib overview of the Pasadena elections

Good stuff.

Pasadena City Council

When voters head to the polls here Saturday, their city council and mayoral picks could have repercussions well beyond this working-class Houston suburb.

It will be the first election since a federal judge struck down the city’s 2013 redistricting plan as discriminatory, paving the way for a new balance of power at City Hall.

It comes as Texas Democrats redouble their efforts on the local level after a 2016 election that gave them ample reason to be optimistic about their future, especially in Harris County.

And it could offer a gauge of just how far down the ballot President Donald Trump, unpopular in even a deep-red state like Texas, is energizing Democrats.

For Pasadena, a city whose representation has long lagged its majority-Hispanic population — much like Texas writ large — it could actually be the “new day” that multiple candidates are promising.

“You have racial discord undergirding partisan politics,” said Brandon Rottinghaus, a political science professor at the University of Houston. “You’ve got one side trying to use the rules of the vote to change the structure of elections. And the other side is using the legal process … to fight the electoral damage that might result.”

“That,” Rottinghaus added, “sets the stage for Pasadena as an important part of the story in Texas’ transition to a new racial electorate.”

[…]

The Texas Democratic Party has endorsed five city council candidates in Pasadena — more than it has endorsed in any other municipality for the May 6 elections. Other Democratic groups are on the ground in the city, including Battleground Texas, which has been working to make the state more competitive for Democrats since the 2014 election cycle.

Much of their efforts are focused on two council races — in District A and District B — that are considered key to ushering in a new Democratic, predominantly Hispanic majority at City Hall. Battleground Texas is specifically working with District A candidate Felipe Villarreal and District B candidate Steve Halvorson, husband of Area 5 Democrats President Jennifer Halvorson, the only instances this election cycle where the group has directly partnered with candidates.

In those districts, which cover the heavily Hispanic north side of Pasadena, Democrats face a test similar to the one they face statewide: turnout.

“Those two districts — they vote overwhelmingly Democratic in November elections,” Jennifer Halvorson said. “Those voters don’t typically vote in May elections.”

See here for those endorsed candidates, among others. I’ll have one more look at early voting turnout tomorrow, though it will be limited in that I can’t tell you where the voters are coming from. Republicans are paying attention to the Pasadena elections as well, and the chair of the Harris County GOP, which as we know had such a stellar showing last year, says they are fully engaged. I don’t want to put too much emphasis on one election, but this is our first chance to vote in the Trump era, and it will tell us something one way or another. In the meantime, if you live in Pasadena or know someone who does, make sure you and they get out to vote on Saturday.

Early voting Day Five: Can we make any guesses yet?

Mike Snyder wonders about the turnout so far in the May elections.

When Pasadena last chose a mayor, in 2013, about 7 percent of its registered voters determined who would lead the industrial port city of 150,000. Mayor Johnny Isbell, who won re-election by an overwhelming margin, attributed the paltry turnout to public satisfaction with “the direction the city is headed.”

Four years later, there is ample reason to question that sanguine assessment. But history suggests that turnout will again be low as voters in Pasadena, Pearland and other Houston-area communities choose mayors, council members and school trustees. Early voting started Monday, and election day is May 6.

[…]

In Pasadena, for example, the mayor who was returned to office by 3,599 voters was the driving force behind a change in the City Council structure that a federal judge found intentionally diluted the influence of the city’s Latino majority. And reporting by some of my Houston Chronicle colleagues will provide new details about the inequitable allocation of city services on Isbell’s watch.

Low turnout in local elections is not limited to Pasadena.

A year ago, just 2,744 Pearland residents – 4.3 percent of the fast-growing city’s registered voters – cast ballots in an election that included three City Council seats and three school trustee positions, according to the Community Impact newspaper. In Friendswood, 9 percent of voters – 2,422 residents – cast ballots for two city council seats and two sales tax increases.

It’s really hard to find information about past Pasadena elections, because before this year the city conducted their own elections, and the Pasadena city website sucks eggs. You can find returns on the 2015 election in Pasadena here, but note that Mayor Isbell was not on the ballot. The only data I can find from the May 2013 election, which Snyder references in his piece, is in this Chron story, which notes that Isbell defeated Gilbert Pena by 3,599 (83 percent) to 751 (17 percent), for a total turnout (not counting undervotes) of 4,350. In that 2015 election, again without knowing how many people may have skipped the two At Large Council races, the District G At Large race received 4,150 votes. So let’s make 4,350 the mark to beat for Pasadena this year.

As you can see from the updated Harris County EV totals, after five days 1,611 in person votes have been cast in Pasadena. If the next four days are proportional to the first five, then about 2,900 in person early votes will be cast. I have no way of knowing how many mail ballots received by the Clerk are Pasadena ballots – the proportion of Pasadena votes to total votes is about 1/4, so with 4,362 mail ballots so far there may be between 1,000 and 1,100 Pasadena mail votes. Which, if true – and please note that I’m really guessing here – would put Pasadena’s total so far at roughly 2,700 cumulative votes, which is on pace to reach or exceed 4,000 before Election Day. I don’t know what the actual number of Pasadena mail ballots is, I don’t know if the next fours days will meet, exceed, or fall short of the pace of the first five, and I don’t know what the share of Pasadena’s votes are usually cast early, so I could be way off, but if I had to bet right now, I’d put my money on the over for turnout. I’ll review this projection after early voting ends, but that’s my guess at this time.

As for Pearland, you can see the daily EV totals for Brazoria County here. It is broken down by location, and I assume (though I don’t know for sure) that the Pearland East and Pearland West locations are the only ones we care about for this purpose. There were 3,387 votes cast in May of 2014, which is the better comparison for this year since there was a Mayoral race then as well. Pearland ISD had 2,868 voters that year. In each case, about two thirds of the total final vote was cast early, so when we have a cumulative early vote total for Pearland, we can take a reasonable guess at final turnout. The Brazoria elections site only has three days’ worth of data at this time, so I’m not going to go out on any limbs here, but I will venture to propose that whatever the final EV total is for Pearland and Pearland ISD, the ultimate number will be about half again that much. Feel free to mock any and all of my numbers in the comments.

Early voting so far

The Chron looks at the first day of early voting and some area races.

Early voting began Monday for local elections next month that will determine who leads increasingly diverse Pasadena, the fate of a major school bond referendum in League City and whether Houston’s largest school district pays tens of millions to the state to comply with a controversial policy and avoid a potentially bigger financial hit.

Across Harris County, 1,153 voters turned out Monday for the elections, figures show. They included many who live within the Houston Independent School District and voted for a second time on “recapture,” a process through which so-called property tax-wealthy school districts pay the state to help fund districts that collect less.

[…]

Two candidates, Bill Benton and Edmund Samora, are seeking to unseat Rosenberg Mayor Cynthia McConathy, who stirred debate last year after sending an email to city employees inviting them to participate in prayer at the start of the new year. Richmond Mayor Evalyn Moore has been serving in her post since the 2012 death of her husband, Hilmar Moore, who had been the city’s mayor for 63 years. She now faces Tres Davis, who is running what an online fundraiser calls a “People’s Campaign.”

Meanwhile, in Stafford, longtime Mayor Leonard Scarcella, who has held his seat since 1969, is running unopposed.

Sugar Land has only one contested seat: that to fill the position of Harish Jajoo, a city councilman who ran unsuccessfully in 2016 to be the city’s first South Asian mayor. He chose not to seek re-election as a councilman.

Of note among school district trustee races, Lamar Consolidated ISD’s Anna Gonzales, who was indicted on charges related to bribery in a case that was dismissed last year, faces an opponent in Joe Hubenak, the son of the late state representative and LCISD board member by the same name.

In Brazoria County, Pearland voters are heading to the polls to vote for mayor, City Council and school trustees. A letter from a real estate agent denouncing “liberal gay rights Democrats” trying to take over the city and school board elections there – which are nonpartisan – drew ire from many progressive groups, as well as longtime Mayor Tom Reid and two other candidates endorsed by the letter.

In Clear Creek ISD, the district is asking voters to approve a $487 million bond that officials say is needed to build new schools and keep up with growing student populations. But conservative groups are concerned that the bond’s steep price tag includes too many unnecessary frills, such as $13.7 million to renovate Clear Creek High School’s auditorium.

Consternation over the bond has set up a showdown between two warring political action committees, or PACs, which have spread from national races down to municipal races and local bond referenda.

The Harris County Clerk is sending out its daily EV reports as usual, with a new feature this time – they are posting that report online, which you can find here. As that is a generic URL, I presume it will simply be updated each day, so be sure to hit Refresh if you’re going back at a later date. The vast majority of the vote in the usual places should be for the HISD recapture referendum. There’s no way to tell how many of the mail ballots are for that and how many are for the other races. I may venture some guesses at overall turnout later in the process, but for now I’m just going to shrug and say this is all too new and unprecedented to make anything resembling an educated guess. Have you voted yet (I have not yet), and if so how are you voting on the HISD issue, if that’s on your ballot?

Endorsement watch: Project LIFT

The Texas Democratic Party has endorsed a slew of progressive candidates enrolled in their Project LIFT (Local Investment in the Future of Texas) program. There were five rounds of endorsements, beginning on March 10:

Round 1
Round 2
Round 3
Round 4
Round 5

The endorsements cover races all over the state. I’m going to highlight candidates on these lists from races in the greater Houston area. The accompanying text comes from the endorsement pages.

Mike Floyd, Pearland ISD Position 2

As an 18 year old senior who has attended Pearland ISD schools for 13 years, he has deep knowledge of and personal experience with Pearland schools. With public education under attack, Mike knows we need strong progressive solutions on our school boards. Mike is running to bring real change and new leadership.

Quentin Wiltz, Pearland Mayor

Quentin works professionally as a certified project manager, and he truly embodies public service. He chairs the Brazoria County Alliance for Children and a key influencer for public policy for NACE International. He is past chair of Pearland Parks & Rec Board, and served as a director for the Pearland Chamber and the president of the Pearland Democrats. Proud husband to Monique, Quentin seeks to provide “Leadership for All” to the next generation of Pearland residents, including his sons Ethan and Evan.

J. Darnell Jones, Pearland City Council, Position 3

J. Darnell is a recently retired Naval Officer with 24 years of military service. He is a lawyer with a strong passion for civil and constitutional rights for all people. He graduated from the University of Memphis with a B.A. in Political Science and earned his J.D. at John Marshall Law School.

Steven Halvorson, Pasadena City Council District B

A former U.S. Army Engineer Officer, Steven served his country for 15 years, and has been a Scientific Research Director for 27 years. He is currently the Texas Organizing Project Treasurer, Harris County Democratic Precinct Chair 188, and Pasadena Area 5 Democratic Member.

Sammy Casados, Pasadena City Council District D

Sammy was raised in Pasadena’s Deepwater neighborhood and graduated from Deer Park High. He is a community-oriented family man who has passionately served the City of Pasadena. His priorities are improving the local economy, government transparency, and city services and infrastructure.

Felipe Villarreal, Pasadena City Council District A

Felipe is a Pasadena resident of more than 18 years, and is currently working as a code enforcement officer with City of Galena Park.

Oscar Del Toro, Pasadena City Council District G

Oscar and his family immigrated from Mexico in 2000, and became citizens in 2006. Oscar and his wife manage a local small business. He knows what it takes to fulfill the American dream and he wants everyone in Pasadena to have the same opportunity he had.

Chris Herron, Humble ISD Position 3

Chris is standing up for the belief that public funds should be used for public schools. He has the business acumen and community organization experience to help the district’s kids succeed.

Abby Whitmire, Humble ISD Position 4

Abby is proud to be a product of Texas public schools, from kindergarten through college. A mom who moved to Kingwood in 2014 for the schools, Abby’s work as a nonprofit fundraiser in New Orleans reinforced her commitment to public schools having seen the weaknesses of charter schools and vouchers.

Endorsement watch: Chron for Van Houte and recapture

Here are your Chronicle endorsements for the May election. First, for Mayor of Pasadena:

Pat Van Houte

Of the five candidates who met with the Chronicle editorial board – two declined – only Van Houte was willing to bluntly and accurately diagnose the challenges facing Harris County’s second-largest city. Legacies of favoritism, opacity and, yes, discrimination continue to hamper progress at Pasadena’s City Hall. A petrochemical boom is driving growth all across east Harris County, yet Pasadena remains constrained by a political leadership that, as Judge Lee H. Rosenthal wrote in her recent opinion, has denied equal opportunity to all of its citizens.

Plenty of Pasadena residents certainly won’t enjoy reading Rosenthal’s words. Every other mayoral candidate preferred to pick up the pom-poms and cheer on the city’s blue-skies future. But discrimination is like a cancer that can fester beneath the friendly surface of civil society, from a road plan that ignores Hispanic neighborhoods to a redistricting scheme intentionally designed to disenfranchise Hispanic voters. Structural discrimination won’t go away by ignoring it. Pasadena needs a mayor who is willing to confront these challenges. Chemotherapy is never pleasant.

Van Houte has a record of standing up for the hard fight during her eight years on City Council – and like so much of Pasadena politics, it all began with street construction.

Back in 2006, Van Houte was part of a successful campaign opposing a road expansion project through her neighborhood. That activism led her to represent the northeast District D at Pasadena City Hall. Van Houte, 60, eventually worked with other representatives to block an infrastructure bond that failed to properly address dilapidated northside neighborhoods. Mayor Isbell responded by shoving an unconstitutional redistricting scheme down Council’s throat and trying to silence his opponents. Nevertheless, Van Houte persisted. She was forced out of a City Council meeting and saw her seat redistricted away, but that didn’t stop Van Houte from winning her current at-large position.

Now she wants to replace the term-limited Isbell and run a city government that’s open to all of Pasadena instead of merely the well-connected. This means fairness in contracting, competitive bidding, soliciting community input and promoting transparency. Van Houte also said that she wants to reinstate a public transit circulator for senior citizens that the city had stopped funding.

My interview with Van Houte is here; I also interviewed Gloria Gallegos, who was not mentioned in the endorsement article. I’d love to know who the two no-shows were. I was chatting with someone about the Pasadena Mayoral race the other day and we observed that it was relatively low profile, which likely would be the case most years but maybe not so this year, given the court case and the sea change from the Isbell era and the large field of candidates. I think it just may be the case that with seven candidates, this race will surely go to a runoff, and that’s when the real excitement will happen.

Closer to home (for me, anyway), the Chron endorses a Yes vote on the recapture re-referendum.

In November, we urged HISD voters to cast ballots AGAINST purchasing attendance credits, and voters agreed.

Now, HISD voters are being asked to come back to the polls on May 6 to respond to the same question, and no doubt are wondering why.

The answer is dizzyingly complex, but the choice is simple. In November we urged you to hold your nose and vote AGAINST on Proposition 1. On May 6, we urge you to hold your nose and vote FOR. Early voting begins Monday and ends May 2.

As in November, May voters have to decide between two lousy choices – either authorize HISD to write a big check to the state government every year for the foreseeable future, or give away a huge chunk of Houston’s tax base forever.

[…]

If AGAINST voters prevail, the district will lose future tax collections on detached properties. This matters in particular because some of those tax revenues are used to pay back the district’s bond debt. As more and more commercial properties are detached, a larger percentage of the responsibility to fund public education would shift to homeowners and remaining business owners.

A FOR vote won’t fix school finance. But it makes the best of a bad situation.

The Chron endorsed a vote against recapture last year not once but twice. As you know, I agreed with them then, and I agree with them now. In my observation, most people and groups making endorsements on this issue are on the Yes side as well, whether they had been that way to begin with or not. That ought to help, but I think a lot of people are still confused by this whole issue, and if they are still confused and voted No last time, I’d have to think they’d vote No this time. If they do vote, of course, which maybe they won’t since we’re not used to voting in May. This is going to be a very weird election. Be that as it may, my re-interview with David Thompson on the matter is here. I hope it helps clear up any lingering questions you may have.

I don’t know if the Chron intends to do any further endorsements or not. They have not traditionally done so in May elections before, but as we know, This Time It’s Different. Plus, there are contested Mayors races in Katy and Pearland, where as in Pasadena that has not usually been the case. I’ll understand if this it, but I’ll still hold out some hope that it’s not.

Early voting for May elections begins tomorrow

Tomorrow is the first day of the nine-day early voting period for the May 6 election. I’ve generally not paid a great deal of attention to these May elections, but it’s safe to say that This Time It’s Different, and not just because I myself have an election to vote in. The people who live in the following political jurisdictions in Harris County have a reason to vote as well: City of Humble, City of Pasadena, Houston Independent School District, Humble Independent School District, Northgate Crossing Municipal Utility District 2, Northwest Harris County Municipal Utility District 28, Oakmont Public Utility District, Harris County Water Control & Improvement District 91. You can see the locations and schedule for Harris County early voting here.

Note that there are other elections within Harris County that are not being conducted by the Harris County Clerk. This means that they have their own polling places and early voting schedules, which may or may not include Saturday the 29th and Sunday the 30th. Among them are:

Pasadena ISD – a list of their candidates with a link to their 30 day finance reports is here.

Katy ISD – see their list of candidates here.

San Jacinto College – locations and schedules are here, list of candidates is here.

City of Katy, which also has some charter amendments. Here’s some information about their candidates for Mayor and City Council Ward B. There was no election held in Katy in 2015 because no one filed to run against any of the incumbents, so they decided not to bother with it.

Other elections of local interest are in Fort Bend County and Brazoria County. For Fort Bend, note that the different locations have different hours, with some of them being open each day while some others are not. Check the links before heading out.

And of course there’s the HISD recapture re-vote. I am voting for recapture and recommend you do the same. The No vote last November accomplished what I hoped it would. Now is the time to move forward.

So there you have it. There are other elections around the state, the most interesting of which is surely the San Antonio Mayor’s race in which incumbent Ivy Taylor is seeking a second full term, but these are the local races of interest that I know of. Most of these elections get comically low turnout, so your vote counts for a lot if you actually go an cast it. We’ll see if it really is different this year or not.

Interview with Gloria Gallegos

Gloria Gallegos

I have one more interview for Pasadena Mayor to bring you. Gloria Gallegos is the Associate Superintendent of Special Programs for the Pasadena Independent School District, having worked her career in education beginning as an elementary school teacher. A native of Mexico, Gallegos earned an associate’s degree at San Jacinto College followed by a bachelor’s and a master’s in education at UH-Clear Lake. She has served on a number of boards and committees for the City of Pasadena, including the Community Development Board, the Crime Control Board, and the Charter Review Commission. You can find a more in depth profile of her here, and since I’m not interviewing any of the other candidates, there’s a brief Chron story about them here. Here’s my interview with Gallegos:

Early voting for Pasadena’s municipal elections, which include City Council as well as Mayor, runs from April 24 through May 2, with Election Day being Saturday, May 6. You can find information about voting locations and hours, as well as Council maps, here. Note that the Pasadena municipal elections, the Pasadena ISD trustee elections, and the San Jacinto College trustee elections are separate; for information about Pasadena ISD, see here, and for San Jacinto see here. Yes, I know, that makes no sense, but it is what it is.

The status of Section 3

Lyle Denniston looks at a key aspect of the voting rights-related lawsuits in Texas.

About four years after the Supreme Court took away the government’s strongest authority to protect minority voters’ rights, a backup power under the federal Voting Rights Act – weaker and harder to use – is now being threatened, just as federal courts have begun applying it.

At issue now, as it was when the Supreme Court decided the case of Shelby County v. Holder in June 2013, is a form of government supervision of voting rights that goes by the technical term, “pre-clearance.” When operating against a state or local government, that means that officials cannot put any new voting law or procedure – however minor – into effect without first getting approval in Washington, D.C.

Three cases now developing in federal courts based in Texas are testing whether the variation of “pre-clearance” will take the place of what the Supreme Court scuttled. And there are already serious challenges facing that prospect, in each of those cases.

[…]

District Judge Lee H. Rosenthal, became the first since the demise of Section 5 pre-clearance to impose Section 3 pre-clearance as a remedy for a discriminatory voting practice. That case involves a shift of the way voters in Pasadena, Texas, elect the members of the city council. Judge Rosenthal, after finding that the change discriminated intentionally against the city’s Hispanic voters, adopted a six-year period of pre-clearance for any future change in voting laws in that locality.

That case has now moved on up to the U.S. Court of Appeals for the Fifth Circuit. And that is where one major threat to Section 3 remedies has arisen. It came in a legal brief filed by the state of Texas last month, supporting an appeal by the city of Pasadena as far as the city is challenging the remedy of Section 3 pre-clearance. That remedy, the state brief asserted, “must be sparingly and cautiously applied.”

The state’s filing argued that “misuse” of that mode of pre-clearance “threatens to re-impose the same unwarranted federal intrusion that Shelby County found could not be justified under the Constitution.” The brief contended that Judge Rosenthal had engaged in such a “misuse” of this provision by imposing it for only a single incident of discrimination – the one-time change in the method of electing the Pasadena city council.

The only circumstance in which a Section 3 pre-clearance remedy is valid, under either the specific language of Section 3, the reasoning of the Supreme Court in 2013, or the Constitution, the Texas brief contended, is when a judge can conclude that the discrimination was “pervasive, flagrant, widespread, and rampant.”

The Fifth Circuit Court has been centrally involved for years in Voting Rights Act cases, because the state of Texas (located in that Circuit) has so often been sued for discrimination in voting. If that court were to read the Section 3 pre-clearance provision in the limited way that the state seeks, that would be a major setback in this legal field.

The Pasadena ruling was in January, and it put Pasadena under preclearance through the 2021 elections. The practical effect of that is likely to be minimal in that Pasadena is unlikely to want or need to engage in redistricting any time soon (other things like voting locations and hours for elections conducted by the city of Pasadena are also in scope), but the precedent as the first use of Section 3 in the post-Shelby world is big. As Denniston notes, the voter ID case, in which a finding of intentional discrimination has already been made, and the legislative redistricting case where the matter of intent has not yet been resolved, could impose similar requirements on the state as well. If the intent finding in the voter ID case is upheld, that would affect redistricting even if no such ruling is made in that suit.

So, it’s not surprising that the state is arguing for a limited application of Section 3. There’s an awful lot at stake, and it all begins in Pasadena. I’ll be keeping an eye on this. Link via Rick Hasen.

Interview with Pat Van Houte

Pat Van Houte

There’s a lot of interest in the May elections this year, driven in large part by a newfound level of engagement from progressives and other Trump opponents. Of the races in the Houston area, the most consequential is the Pasadena Mayoral election, where a group of candidates are vying to succeed term-limited Johnny Isbell. Pat Van Houte has served on Pasadena City Council since 2009, and has also served as a foil for Mayor Isbell, in particular on the controversial and now-illegal redistricting plan that Isbell pushed through in 2013. A former employee of the Texas Workforce Commission and Child Protective Services, Van Houte is a graduate of Michigan State University and has lived in Pasadena since 1980. Here’s what we talked about:

I have one more interview for this race in the works. Let me know what you think.

Pasadena Council not happy with redistricting appeal

Or maybe they’re just not happy with soon-to-be-former Mayor Isbell. Either way, they showed it.

Pasadena City Council

In a sign of waning confidence in its legal position, the Pasadena City Council voted Tuesday to withhold payment from the law firm that’s trying to prove that the city’s redistricting plan doesn’t discriminate against Hispanics.

The 7-1 vote, with Mayor Johnny Isbell absent, exposed the degree to which the mayor has unilaterally pressed for an appeal of a federal judge’s ruling that the plan was discriminatory.

Council members complained they don’t fully understand the status of the lawsuit or of the work being done by Bickerstaff Heath Delgado Acosta LLP of Austin.

Councilman Sammy Casados said he and other members have asked the mayor to put an update on the agenda, but he has declined.

[…]

Even council members who previously have aligned themselves with Isbell and his redistricting plan expressed concern.

Morrison noted the absence of city staff who could address questions about the lawsuit.

“Where do we stand on this thing and what is the next step?” Morrison asked. “For that reason, I won’t support this (payment).”

Only Councilwoman Pat Van Houte voted to make the $50,000 payment, but she did so reluctantly, saying it was compensation for work already completed and pledging not to vote for future payments.

See here and here for some background. The May election is proceeding under the pre-redistricting Council map, as an appeal to the Fifth Circuit to halt the judge’s order for this election was denied. The appeal of the ruling on the merits is still in process, though several candidates for Mayor including CM Van Houte have said they will drop the appeal if elected. I’m sure the city of Pasadena will eventually pay the law firm for the work it has already done, but this vote is a mighty clear indication that they’re had enough.

We could be at the end of the road of the Pasadena redistricting case

Mike Snyder continues his reporting on the Pasadena redistricting litigation. He notes that while the whole thing was concocted and pushed forward by current Mayor Johnny Isbel, several of the candidates to succeed Isbell are not interesting in picking up where he will leave off.

Pasadena City Council

Attorneys in the case say the city’s appeal is likely to be unresolved when Pasadena voters choose a new mayor on May 6. Seven candidates are seeking to replace Isbell, who has led the city off and on over 26 years but can’t run this year because of term limits. And at least three of the candidates say they’ll drop the appeal if they win.

U.S. District Judge Lee H. Rosenthal “spent a week and a half hearing from many witnesses, looking at a lot of information, and made a decision,” Councilwoman Pat Van Houte, a candidate for mayor, told my colleague Kristi Nix. “The city has spent almost $2 million on the lawsuit already, and I don’t think it is in our best interest to spend more public money on this.”

Another candidate, former state Rep. Gilbert Peña, agreed: “If elected, I definitely would stop the appeal process,” he said. “There’s a lot of other things we could do with this money other than give it to lawyers.”

Candidate David Flores, a former city employee who runs a construction company, told Nix that the city’s money would be better spent on infrastructure than on additional legal fees.

Councilman Jeff Wagner, a retired Houston police officer, told me he would ask the City Council to vote on whether to continue the appeal if his bid for the mayor’s office is successful. Pasadena, like Houston, has a strong-mayor form of government, and Isbell has exercised his authority on this issue without consulting the council. But Wagner said he has a different leadership style.

“I’ll put this in front of the council, we’ll have a discussion and we’ll make a decision,” said Wagner, who was one of four council members who voted with Isbell to put the new council structure on the ballot in 2013. (Van Houte cast one of the four votes against the plan.)

I couldn’t reach the other three candidates: San Jacinto College trustee John Moon, former state Rep. Robert Talton, and Gloria Gallegos, a Pasadena school district administrator.

See here, here, and here for some background. If I had to guess, I’d posit that Gallegos is in the same camp as Van Houte, Pena, and Flores, while Talton is either on board with the appeal or would put it before Council, as does Wagner. It would be good if all three candidates stated their position for the record, and for all interested voters in Pasadena to know where all the candidates stand.

The 2017 lineup for Pasadena

Here are the candidates for office in Pasadena for this May:

I wish I could give that to you in a more reader-friendly format, but online news sources for this are scant. This Patch.com story is the only post-filing deadline news I’ve seen, and it bizarrely identifies my blogging colleague Gary Denton as a candidate for Mayor. (Denton is working with Council Member Pat Van Houte on her Mayoral campaign.) This Chron story from the end of January gives a bit of background on some of the Mayoral candidates, but others have since filed. I’ll be keeping my eyes open on this and will post more if and when I find something worth posting.

In the meantime, according to Gary, the three unopposed Council candidates are all Democrats, as are Felipe Villareal in A, Steve Halvorson in B, and Oscar Del Toro in G. I don’t have particulars about other candidates as yet. I plan to keep a closer watch on these local May races than I usually do, and I welcome feedback if you know about any campaigns or candidates I should be watching.

Pasadena won’t fight election order

The May election in Pasadena will proceed under the pre-redistricting eight-district Council map.

Pasadena City Council

The city of Pasadena will not fight an appellate court ruling over its election system, a decision that will allow the upcoming May council elections to proceed with eight-single member district seats, according to the lead attorney for the city in the closely watched voting rights case.

The elections will proceed under the district format and will not using six neighborhood council and two at-large seats, a system a district judge ruled was discriminatory against Latino voters.

[…]

The city will continue to appeal the judge’s ruling, which also ordered Pasadena to again obtain preclearance from the U.S. Department of Justice before making additional changes to its election system.

See here for the background. The filing deadline for the May election is today, so by not filing a quick appeal of the Fifth Circuit’s ruling that upheld the original order, Pasadena was basically conceding that fight. The appeal of Judge Rosenthal’s ruling on the merits will proceed at some point down the line, though I suppose depending on the outcome of the elections, the new Mayor and Council may choose to drop it. I will of course be following the election as we go forward.

Fifth Circuit upholds Pasadena election order

Good.

Pasadena City Council

The Pasadena election system that a judge ruled violated the Voting Rights Act by discriminating against Hispanics cannot be used in the upcoming May council elections, a federal appeals court ruled Friday.

The Fifth U.S. Circuit Court of Appeals upheld a ruling by a lower court judge ordering the city to revert to a 2011 system using all single-member districts for the May 6 elections, when the entire city council and the mayor’s seat are on the ballot.

The expedited ruling – which came just two weeks before the deadline for candidates to file for office – is a blow to the city and its longtime mayor in a case being closely watched by voting rights advocates nationwide.

The decision Friday by a three-judge panel addresses only an attempt by Pasadena to temporarily halt the order for the May elections; the merits of the case and the judge’s ruling will be taken up later in full.

“This means all Pasadena voters will have a fair election on May 6,” said Nina Perales, vice president of litigation at the Mexican American Legal Defense and Educational Fund, which filed the suit on behalf of a group of Hispanic voters. “All voters of all races will have a fair opportunity to elect their preferred candidates.”

Attorney C. Robert Heath, who represents Pasadena and Mayor Johnny Isbell, said Friday he wasn’t sure if the city would appeal the decision to the U.S. Supreme Court. Such an appeal would have to happen quickly or could jeopardize the city elections.

See here and here for the background. As I said in that previous update, the three-judge panel was quite conservative, so a unanimous ruling upholding Judge Rosenthal’s order is a pretty strong statement. I hope this will be the end of the line for litigation affecting this election – an appeal of the ruling on its merits, which will take place mush farther down the line, is of course to be expected – but there’s still a chance Pasadena could take a shot at SCOTUS. We’ll see.

Fifth Circuit hears Pasadena redistricting appeal

This is to decide whether to lift or leave in place Judge Lee Rosenthal’s ruling that the pre-2013 all-single-member-district Council map will be in place for the May elections in Pasadena.

Pasadena City Council

The City of Pasadena asked for the expedited hearing before the Fifth U.S. Circuit Court of Appeals on a narrow issue – the structure of Pasadena’s City Council districts for the upcoming election.

Hearing the case for the circuit court were judges Jennifer Walker Elrod, Priscilla Owen and Gregg Costa.

At a later date, the court will address the city’s appeal of a sweeping order from a lower court judge who threw out Pasadena’s city council election format, saying it was discriminatory against Hispanic voters.

The judge ordered the city to revert to a 2011 system for electing the council, with eight single-member-district seats, instead of the 2014 system that used six single-member and two at-large districts.

Attorney C. Robert Heath, who represents longtime Mayor Johnny Isbell, asked the appellate judges to grant a stay of the judge’s order because he said he was likely to win the overall appeal on the merits. His client did not intend to discriminate against Hispanic voters, and the election results did not reflect a diluted Latino vote, he said.

[…]

Costa pressed Heath about the harm that might be caused if the appellate panel switched the election to 6-2 and then the appellate court upheld the appeal.

“That’s significant harm, isn’t it?” Costa asked.

“It is if it has a discriminatory effect,” Heath said.

Nina Perales, with the Mexican American Legal Defense and Educational Fund, which filed the suit on behalf of Latino voters, stressed to the judges that the 8-0 system the lower court put in place would sufficiently eliminate questions of discrimination in Pasadena’s council race.

However, a decision by the appellate judges to temporarily lift the lower court’s 8-0 format would confuse voters and candidates who have already filed to get their names on the ballot and begun canvassing neighborhoods, she said.

“There is no reason to grant the stay based on (the city’s) likelihood of success because there is no single case supporting their contentions,” Perales said. “The case law is unified – if there is lower Hispanic registration and turnout rates it is tied to a history of past discrimination.”

See here for the background. Judges Elrod and Owen are both Dubya appointees, and are two of the more conservative members of the Fifth Circuit, so this is about as friendly a panel as Pasadena could have wanted. The city has the burden of proof here – they need to show that Judge Rosenthal erred in her ruling. We’ll see if the Fifth Circuit grades them on a curve for that. Given the time frame – the filing deadline is in two weeks, and multiple candidates have already filed for each of the eight Council seats – we should get a ruling shortly.

Pasadena appellate hearing set

Mark your calendars.

Pasadena City Council

With deadlines looming for the upcoming May elections, a federal appeals court has agreed to hear arguments Feb. 1 in a voting rights lawsuit that overturned the Pasadena election system.

The Fifth U.S. Circuit Court of Appeals will consider whether to temporarily halt the order from the Houston judge until after the appeals are exhausted. But that would leave in place an election system that has been found discriminatory against Latinos.

The Fifth Circuit court set an expedited hearing at the Bob Casey Courthouse in Houston for lawyers to present argument as to why the city should or should not proceed with its May elections for city council positions using a 2011 map of eight single-member district seats as directed by a federal judge in Houston.

The appellate court will focus on a request by Pasadena’s lead attorney in the high-profile voting rights case to temporarily halt the district court’s order for Pasadena to hold its May election using eight district positions, instead of a 2014 scheme that passed by a narrow margin of voters that uses six single-member and two at-large seats.

See here and here for the background. Candidates are already filing for office in Pasadena, so this really does have to be done quickly. The court would be deciding whether to use the current map, with six districts and two At Large seats, or the previous map with eight districts, which is what Judge Rosenthal ordered. We ought to know soon enough. Texas Monthly, which delves more into Judge Rosenthal’s ruling, has more.

Pat Van Houte for Pasadena Mayor

This is the local race to watch this May.

Pat Van Houte

A Pasadena councilwoman who became a key witness in a recent federal lawsuit contesting the city’s redrawn voting districts said she will run for mayor in the upcoming election.

Pat Van Houte, who holds an at-large seat, made her announcement Friday, Jan. 6, the same day a federal judge’s decision overturning the city’s 2013 redistricting measure was released.

[…]

Van Houte was in the middle of the political fray nearly four years ago when the council, led by Mayor Johnny Isbell, pushed for the redistricting and a switch to two at-large positions and six-single member districts. However, Van Houte found herself in the council’s minority opposing the changes and ultimately went on to win election to an at-large position in 2015.

“The position of mayor is not something I had considered before; but since serving as an at-large council member, I’ve been traveling and seeing many different parts of the city. Over the last year, as I’ve been out meeting with residents, many people have offered their support and asked me to run for mayor,” Van Houte said. “I’m not running because of this ruling. However, serving as an at-large council member has put me in contact with a lot more people and has made me think more about stepping to the next level as far as leadership and the direction of the city.”

All eight single-member districts, based on the May 2013 election map and plan, will be on the ballot in the upcoming election. Filing for candidates runs from Jan. 18 through Feb. 17.

Van Houte, who was first elected to serve as the District D council member in 2009, said she anticipated the ruling.

“I was hoping for this outcome. From some of the questions that the judge asked during my testimony and a few things I heard after that point, I wasn’t surprised. I could not assume this would be the decision but I was certainly hopeful and I’m pleased with the decision,” said Van Houte, who testified during the trial.

It’s not been easy finding news about the Pasadena elections so far, though Chron columnist Mike Snyder continues to do a fine job writing about the redistricting case and its related effects. Van Houte doesn’t have a website or Facebook page yet, but she was the Council member that Mayor Johnny Isbell threw out of the meeting where the redistricting plan was adopted for exceeding the three-minute speaking time he had imposed on everyone. I’m pretty sure her willingness to take a stand like that will be a campaign theme.

Other candidates that have filed or will file, according to my Pasadena-base blogging colleague Gary Denton, include Jeff Wagner, JR Moon, Robert Talton, and Gilbert Pena. All are Republicans, with the latter two being former State Reps in HD144. I will be keeping an eye on this race going forward.

Judge affirms Pasadena redistricting order

Back to the previous map, pending appeal.

Pasadena City Council

Hours after candidates began filing paperwork to run for city office, a federal judge Wednesday denied a request by Pasadena officials to delay her order that the city election be run under an 2011 election scheme to protect the rights of Latino voters.

Chief U.S. District Judge Lee H. Rosenthal in Houston said Pasadena should conduct its upcoming May elections based on eight single-member districts, throwing out the six single-member and two at-large districts that the judge ruled had diluted the clout of Hispanics.

The focus now shifts to the Fifth U.S. Circuit Court of Appeals, where Pasadena officials are challenging the judge’s ruling in a landmark voting rights case that has drawn nationwide attention.

[…]

Pasadena officials filed a request Tuesday to stay Rosenthal’s judgment, which was issued Monday during the Martin Luther King Jr. Day holiday. City lawyers also appealed the ruling, challenging the judge’s conclusion that the new voting scheme was put in place with the aim of intentionally stopping Hispanics from gaining a majority of candidates of their choice on council.

See here, here, and here for the background. I have no idea if the Fifth Circuit will overrule Judge Rosenthal and order the 2013 map to be put back in place, but as candidate filing has begun, they would need to be quick about it if they do. I’ll keep an eye on it.

Pasadena will appeal redistricting ruling

Not a surprise.

Pasadena City Council

An attorney representing the city of Pasadena said Tuesday the city will appeal a ruling that found Pasadena deliberately violated the voting rights of its Hispanic population, a move that could have immediate consequences for the city’s upcoming May elections.

The attorney, C. Robert Heath, said the city disagreed with Chief U.S. District Judge Lee H. Rosenthal’s ruling earlier this month that a redistricting scheme adopted in 2014 violated the U.S. Voting Rights Act by diluting the Hispanic vote.

“I think we’re right on the law and ultimately we’ll prevail,” Heath said.

[…]

Heath said the city will seek court approval to temporarily halt execution of Rosenthal’s order, meaning that upcoming elections could be conducted using the redistricting scheme Rosenthal found to be discriminatory. The 2015 elections were also conducted using that scheme.

“I don’t think they were trying to prevent Hispanic success,” Heath said.

City Councilman Ornaldo Ybarra, who supported the goals of the lawsuit that led to Rosenthal’s ruling, called the appeal a waste of taxpayers’ money.

“The legal bill has already surpassed $2 million, but I guess since it’s not the mayor’s money, he doesn’t mind spending it,” Ybarra said, adding that “this council is told nothing” by the administration about the legal process.

See here and here for the background. Candidate filing begins today, so one way or the other we’re going to need a quick ruling on any motions for an injunction. I’ll be keeping an eye on it. The NYT, Rick Hasen, and the Texas Standard have more.

UPDATE: From the longer version of the story:

Timing in the case, now, is critical. Rosenthal must first weigh in on whether to stand firm in her decision to keep the single-member system in place for the May elections – or whether to grant a stay on her own ruling.

The city’s appeal of the full ruling, meanwhile, moves on to the Fifth U.S. Circuit Court of Appeals.

“It wouldn’t surprise me if Judge Rosenthal made a ruling on the stay right away. … It will be a yes or no, probably,” said Elaine Wiant, president of the League of Women Voters of Texas.

She said if Rosenthal denies Pasadena a stay, it is unlikely the city’s lawyers would be able to derail the May election.

Chad Dunn, a lawyer who has represented voters and governmental entities in voting rights cases, agreed.

“It would be out of the ordinary for the court to stop her ruling and let the election go forward under a plan that’s been found to be discriminatory,” said Dunn, who represents council members Ybarra and Cody Ray Wheeler, who vocally opposed changes to the city election system. “It’s more likely than not that Judge Rosenthal’s judgment will carry the day on this election.”

The circuit court can affirm the district judge’s decision, reverse it or remand it back to Rosenthal for additional fact-finding, said Austin attorney Roger B. Borgelt, who specializes in election and campaign law.

We ought to know pretty quickly what the election situation will be for Pasadena.

Final ruling in Pasadena redistricting lawsuit

It’s official – back to the original map.

Pasadena City Council

With candidate registration set to begin Tuesday, a federal judge Monday prohibited the city of Pasadena from using an unconstitutional redistricting scheme in the upcoming May elections, stating that the scheme violated the voting rights of Latino and Hispanic residents.

Chief U.S. District Judge Lee Rosenthal in Houston wrote in the final judgment that the city must use a map the city generated in 2011 that featured eight single-member districts and gave “Latino voters an equal opportunity to elect their preferred candidates.”

Rosenthal also ordered the city to face preclearance from the U.S. Department of Justice for 6.5 years before changing the election system again.

[…]

Rosenthals’ order Monday – on a federal holiday recognizing the birthday of Martin Luther King Jr., whose civil rights crusade led to the Voting Rights Act of 1965 – came two days before candidate registration opens for Pasadena’s municipal elections. All city council seats and the mayor’s office are up for contention.

See here for the background. There is no word as yet whether the city will appeal or not. The filing period opens tomorrow and runs through February 17, so if there is going to be an appeal and an injunction against using the previous map, the city will need to get its act together quickly. Not that I want them to, mind you, just stating a fact. We’ll see what they do.

UPDATE: Here’s a longer version of the story.

Judge rules for Pasadena plaintiffs

Wow.

Pasadena City Council

A federal judge in Houston dealt a major blow Friday to the city of Pasadena in a closely watched voting rights case, ruling that officials deliberately diluted the clout of Hispanic voters by revising the system for electing City Council members.

Chief U.S. District Judge Lee H. Rosenthal ordered Pasadena to revert to its previous use of single-member districts for the upcoming May elections and ruled the city would need preclearance from the Department of Justice for any future changes.

“In Pasadena, Texas, Latino voters … do not have the same right to vote as their Anglo neighbors,” Rosenthal concluded in the 113-page decision released late Friday.

Patricia Gonzales, one of the plaintiffs who filed the federal lawsuit, said fairness can be restored to the city election system.

“All right,” she said, when informed of the ruling. “Now each section will be able to vote on who they want and their voices will be heard. I’m very pleased with the outcome.”

The ruling could provide a key test of the U.S. Supreme Court’s decision in 2013 that gutted portions of the Voting Rights Act, legal experts said.

“It is a great win,” said Michael Li, senior redistricting counsel at the Brennan Center for Justice at New York University School of Law. “This case shows that there is something you can do, at least if you have the facts, lawyers and resources.”

[…]

Rosenthal cited witness testimony in her opinion, noting that both Texas and Pasadena had histories of exclusionary practices and that discriminatory attitudes toward Latinos still endured among Pasadena residents.

In recent years, the political balance in Pasadena had begun to shift, the judge wrote. But just as Latino voters were poised to elect a majority of single-district representatives to the City Council, longtime Mayor Johnny Isbell and his backers proposed changes to the election system, the judge said.

“In short, Pasadena’s elections are racially polarized,” Rosenthal wrote. “The City’s 2013 racially polarized vote in favor of the 6–2 redistricting map and plan and the Council’s 2014 vote to approve the change were narrowly decided. The effect was to dilute Latino voting strength. That effect was foreseeable and foreseen.”

The city is likely to appeal the decision to the 5th U.S. Circuit Court of Appeals, but the ruling could have a significant impact nonetheless on the May elections. All City Council seats and the mayor’s post are up for election; Isbell is facing term limits and cannot seek re-election.

See here for the last update. Rick Hasen has a copy of and some excerpts from the decision. This is a big deal, and as the city of Pasadena has now been put back under preclearance, it’s a possible preview of what could be in store for Texas when we get a final decision on voter ID. Of course, being under preclearance now means a lot less than it would have under President Hillary Clinton, but it’s still something. We’ll see if there is an appeal, and if so if the Fifth Circuit steps in to halt any reversions to the old system before the May election. For now, I say congratulations and well done to the plaintiffs. A statement from the Mexican-American Legislative Caucus is here.