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Republican Party

Joint primaries

Jun 14th, 2019
by Charles Kuffner.
1 comment

Another potential change to how we vote is in the works.

Diane Trautman

Harris County primary voters could see a big change at the polls in 2020 if local party leaders agree on a new proposal.

Under the current system, voters go to the polls and they’re asked to say which party primary they want to participate in, Republican or Democratic. Voters line up separately. But Harris County Clerk Diane Trautman said Tuesday that combining the lines would be more cost-effective and give voters more privacy.

“You won’t see a Republican party here, Democratic party here. You’ll see one of each at each table, and you’ll have three lines that you could go in,” Trautman said.

Voters would check in at joint primary tables and select one party on an iPad.

“The other thing they’re going to notice is that there aren’t any lines outside the door,” Trautman said. “So that will be refreshing.”

She said the new plan addresses the biggest complaints she hears from voters.

Harris County officials hope to reach an agreement with party leaders by the end of the month. If approved, the new system would be in place for the next primary in March 2020.

The HCDP has agreed to this. The Republicans, not so much.

Harris County Republican Party Chairman Paul Simpson said Texas law allows parties to run their own primary elections, and he is reluctant to cede that role to the county clerk.

“The Democrat county clerk’s proposed joint primary elections would empower the bureaucrats and, worse, let one party’s workers run the other party’s primary election that selects its candidates, running the risk of disenfranchising, inconveniencing, and confusing voters,” Simpson said in a statement.

I actually have some sympathy for Simpson’s position. I have no doubt that if Stan Stanart had proposed this, I’d be suspicious, even with the knowledge that Harris is the only major county in the state that doesn’t hold joint primaries. I’d need to be convinced as a Democratic primary voter, and I’m sure Paul Simpson believes his voters will need to be convinced, too. (He’s on the ballot in 2020 as well, you know.) That said, I hope he goes into the discussion with an open mind. This makes sense on a couple of levels. One, you don’t have to announce your preference in front of strangers, which is the privacy appeal. Sure, anyone with VAN access can look up your record, but how many people do that? It’s also a more efficient use of resources, which should help shorten lines. Again, if there are questions or concerns, then let’s ask the party chairs in the other counties that do it this way, and see what they have to say about it. I’m happy to let Paul Simpson voice his worries, but let’s not be ruled by fear.

The Harris County GOP has not hit bottom yet

Dec 27th, 2018
by Charles Kuffner.
21 comments

I have four thing to say about this.

Never forget

Drubbed. Shellacked. Whooped. Walloped. Routed.

However you want to describe November’s midterm election, it was disastrous for Harris County Republicans. They were swept from the remaining countywide posts they held — the other shoe to drop after Democrats booted the Republican sheriff and district attorney two years ago — and lost all 55 judicial seats on the ballot. For the first time in decades, Democrats will hold a majority of Commissioners Court.

The path forward for the local GOP is unclear. The party’s statewide slate went undefeated yet rebuked by Harris County voters, raising questions about whether its pitch to rural voters alienated urban ones. In the state’s most populous county, and his home base, U.S. Sen. Ted Cruz got just 41 percent of the vote.

Harris County Republican Party Chairman Paul Simpson, however, is optimistic. He said several local Republicans would have won, chief among them County Judge Ed Emmett, if straight-ticket voting had been eliminated before the election. Republicans in the Texas Legislature decided to retire the straight-ticket option after 2018, which traditionally benefited their party, but proved disastrous for the GOP in urban counties this cycle.

“Pendulums will swing back,” Simpson said. “I’m confident in the near future, we’ll be back.”

Scholars and Emmett, the county executive for 11 years before his upset loss, offered a less rosy assessment — that of a party catering to a largely white, graying base that is failing to adapt to changing demographics and awaiting the return of a “normal” electorate that has ceased to exist. November 2018 should be a wake-up call, they say, but they wonder if the local Republican Party is listening.

“If you look at ’18 as a turning point for Harris County, there’s nothing data-wise that would give you any indication this was an aberration and not a structural change,” said Jay Aiyer, who teaches political science at Texas Southern University. “If anything, you could see it actually swinging harder to the Democrats in ’22.”

Mark Jones, who studies Texas politics at Rice University, offered a more tepid view. He said the broad unpopularity of President Donald Trump drove some voters to the polls this fall who may not have participated otherwise.

“If you take Trump out of the equation and put in a more liberal Democrat … it’s not clear to me that Democrats have the same level of advantage,” Jones said. “The county is trending from red, to pink, to purple. But I would not say Harris County is blue.”

[…]

Republicans have not won a countywide post in a presidential election year since 2012. University of Houston political science professor Brandon Rottinghaus said the local GOP would be wise to lower its expectations for 2020, which likely will feature an unpopular president at the top of the ticket.

“The Republicans need to show they’ve still got a pulse after the disaster that befell them in ’18,” Rottinghaus said. “That’s about the best they can hope for in a presidential year.”

Simpson, who has led county Republicans since 2014, said the party will focus on recruiting fresh candidates who can appeal to a wide swath of voters, rather than the sliver of partisans who vote in primaries. He lauded the success of Dan Crenshaw in the 2nd Congressional District, a young, charismatic combat veteran who beat better-funded candidates in the primary.

Crenshaw’s win, Simpson said, showed candidates “can be conservative and still be cool.”

The Texas 2nd, however, is a district drawn for Republicans that has a far greater proportion of white residents than Harris County as a whole.

1. I’ve said all there is for me to say about straight ticket voting. The embedded image is a reminder that Republicans used to be big fans of straight ticket voting. Turns out that straight ticket voting works really well for the party that has more voters to begin with. There’s an awful lot of Republicans in this state who never contemplated the possibility that they would not be the majority party.

2. As noted in the title of this post, Republicans in Harris County have not hit rock bottom quite yet. One thing I discovered in doing the precinct data analyses is that Beto O’Rourke carried all eight Constable/Justice of the Peace precincts. I didn’t write about that in part because I didn’t quite believe it, but there it is. The three Republican Constables and three of the six Republican JPs are on the ballot in 2020. It is entirely within the realm of possibility that after the 2020 election, the only Republicans holding county office will be the three JPs in Place 2 (the of-year cycle), County Commissioner Jack Cagle, and the three not-at-large HCDE Trustees. Those last three JPs could then be wiped out in 2022, along with the HCDE Trustee for Precinct 2, with the Trustee for Precinct 3 (who won this year by less than a percentage point) on track for elimination in 2024. Yes, lots of things can change, and I’m assuming that Commissioner Steve Radack will either be defeated in 2020 or will step down and the Republicans will fail to hold his seat. My point is, the Republicans not only have very little left, what they have is precarious and fragile, and there are no obvious opportunities to make gains in county government.

(You may now be saying “But Adrian Garcia will have to run for re-election in 2022, and he won a close race this year under favorable circumstances, so he could lose then.” Yes, but do you know what happens between now and the 2022 elections? The County Commissioner precincts undergo redistricting. Jack Morman benefited from that process after his win in 2010; what I wrote here was premature but in the end turned out to be accurate. I guarantee you, Precinct 2 will be friendlier to Commissioner Garcia’s re-election prospects, and if a Dem wins in Precinct 3 in 2020, it will be friendlier to that Commissioner’s prospects in 2024 as well.)

Legislatively, Dems have more targets (HDs 138, 134, and 126, with longer shots in 129 and 133 and even 150) than they have seats to defend. Lizzie Fletcher will have to defend CD07, but Dan Crenshaw will have to defend CD02, and he didn’t win his seat by much more than Fletcher won hers by (7 points for Crenshaw, 5 points for Fletcher). CD10 and CD22, which cover more than Harris County, are already on the national radar for 2020 as well. We’re not watching the battleground any more, we’re in the thick of it.

3. The Republicans’ problems in Harris County run deeper than Donald Trump. Every statewide elected official, most especially Dan Patrick (here shilling for the ludicrous “wall”) and Ken Paxton, who is spending all of his energy outside his own criminal defense on destroying health care, is a surrogate for Trump. People were just as fired up to vote against Patrick, Paxton, and Sid Miller as they were to vote against Ted Cruz, and the numbers bear that out. They’ll get another chance to do that in 2022, so even in a (please, God, please) post-Trump landscape, there will still be reminders of Trump and reasons to keep doing the work that we started in 2018.

4. All that said, we know two things for sure: One is that there are more Democrats than Republicans in Harris County, which is a combination of demographic trends, Donald Trump laying waste to American values, and sustained voter registration efforts. Two, Republicans have been unable to compete in a high-turnout election in Harris County since 2008. (2010 was a relatively high turnout year, for an off year, but it was still only 41.7%, quite a bit less than this year’s 52.8%.) It is a reasonable question to ask if Dems can be dominant in a low-turnout scenario. 2014 was a terrible year for turnout, and Republicans swept the county, but with the topline Rs mostly winning by four to six points. There’s definitely a scenario under which Rs could do well in 2022 and in which the demographic and political patterns we have seen do not fundamentally change. It’s hard to see how they compete going forward without a serious effort to rebrand, and every day that Donald Trump and Dan Patrick and Ken Paxton and Sid Miller are in office, that rebranding becomes harder to do. Lots of things can change. The Republican Party needs to be one of them.

The decline and fall of the Republican Party in Harris County

Nov 21st, 2018
by Charles Kuffner.
5 comments

It can be summed up in this table:


Dist   Romney  Trump   Cruz
===========================
HD126   62.1%  53.0%  51.5%
HD127   69.2%  61.2%  59.5%
HD128   72.4%  68.2%  66.8%
HD129   64.5%  55.3%  54.0%
HD130   75.9%  68.1%  66.0%
HD132   58.9%  50.0%  47.9%
HD133   68.1%  54.5%  54.3%
HD135   58.8%  48.9%  46.4%
HD138   59.2%  47.8%  46.5%
HD144   47.9%  38.4%  37.9%
HD150   68.5%  59.2%  57.0%

These were the last three high-turnout elections. You can see what happens to the Republican share of the vote in State Rep districts that had been held by Republicans after the 2010 election. (I am as per my custom ignoring the unicorn that is HD134.) Besides putting more districts into play – the Democrats now hold 14 of the 24 State Rep districts, and came within an eyelash of winning a 15th – it means the Republicans aren’t running up the score in their best districts, which gives them fewer voters overall in the county, and in overlapping places like CD07 and Commissioners Court Precinct 2. For comparison, here are the Democratic districts over the same time period:


Dist   Romney  Trump   Cruz
===========================
HD131   15.7%  13.3%  14.1%
HD137   34.5%  28.9%  28.7%
HD139   23.6%  20.6%  21.7%
HD140   29.0%  21.9%  21.9%
HD141   12.1%  12.6%  12.7%
HD142   22.0%  21.0%  21.1%
HD143   31.9%  26.0%  26.0%
HD145   38.3%  28.7%  28.3%
HD146   20.1%  17.3%  17.9%
HD147   20.3%  16.8%  16.8%
HD148   41.1%  30.5%  30.0%
HD149   40.1%  32.5%  34.8%

There are a few notable drops in Republican support between 2012 and 2016, mostly in HDs 140, 145, and 148, but overall the decline was less severe. Of course, in some of these districts they basically had nowhere further to fall. The strong Democratic districts also tend to have fewer eligible and registered voters overall, and lower turnout besides. By my count, there were 605,214 votes total cast in the ten State Rep districts the Republicans won in 2018, and 612,257 in the 14 Democratic districts. If you put HDs 132 and 135 back in the Republican column, as they were before the election, then the split was 729,298 votes in the twelve districts that started out with Republican incumbents, and 488,119 votes in the twelve Dem-held districts. They needed bigger margins in those Republican districts, they got the exact opposite, and the rout was on.

Does this mean the Republicans are forever doomed in Harris County? No, of course not. As I said, I was feeling pretty good after the 2008 elections too, and we know what happened next. But the dynamic is clearly different now. Harris County isn’t purple. It’s blue, and it’s blue because there are more Democrats than Republicans. Right now at least, modulo any future changes to the nature of the parties and who belongs to them, the Democrats’ biggest threat in Harris County is lousy turnout. We did get swept in the no-turnout year of 2014, but the margins in the judicial races and at the top of the ticket were much closer than the ones we had this year. Until something changes at a macro level, in any normal-or-better turnout scenario, there are going to be more Democratic voters than Republican voters in Harris County. That’s the threat that the Republicans face, and the trends are not in their favor. On top of the demographic shift in Harris County, Donald Trump helped push away some of the more reliable members of the GOP base this year. Maybe that won’t stick, but even if it doesn’t that doesn’t help them that much. The Harris County GOP can whine all they want to about straight ticket voting. That wasn’t even close to their biggest problem.

Their whining is like music to my ears

Nov 10th, 2018
by Charles Kuffner.
4 comments

From the inbox, possibly the most unintentionally hilarious press release I’ve ever had the privilege to receive, from the Harris County Republican Party:

“I am mad. Mad at the avoidable losses wreaked across Texas by the Beto Wave of straight-ticket votes. That straight-ticket wave turned Fort Bend County Democrat, defeated Republicans on appellate courts across Texas, elected Democrats across the state to Congress and the Legislature, and swept every countywide vote in Harris County. Despite the largest and most ambitious campaign the Harris County Republican Party has ever run, we fell woefully short.

“Sadly, this straight-ticket Beto Wave was once avoidable. Texas is one of only eight states that still have straight-ticket voting. In 2017, other grassroots conservatives and I championed legislation to end straight ticket voting in Texas once and for all. But, to the detriment of Republicans across Texas, straight-ticket voting was left in place for one last election–in 2018. This year, faced with the longest ballot in the country, 75% of the 1.2 million Harris County voters (presidential-year-level turnout) punched the straight-ticket option: 500K Democrat vs. 400K Republican, giving Democrats a 100,000-vote margin, with Beto O’Rourke winning Harris County by 200,000 votes.

“The result was a down-ballot sweep that would not have happened without straight-ticket voting.

“There was no substantive Democrat countywide candidate, yet they all won. Consider: did all of those 500,000 straight-ticket Democrat voters turn out planning to oust County Judge Ed Emmett? Did the straight-ticket Democrat voters who gave Commissioner Jack Cagle’s opponent 46% of the vote know they were voting for a Communist? The questions answer themselves.”

May I suggest, before we go any further, that you now click this link? I’ll wait.

Yeah. That’s from their Facebook page, and it was on the the Harris County GOP website as of Friday. Here’s a screenshot I took at the time:

So, yeah. You know, I’m old enough to remember the year 2010, when two thirds of all voters cast a straight-ticket ballot, giving the Republicans a 50,000-vote advantage before anything else was counted. Funny how that only became a problem to fear when there started to be more Democrats in the county.

Also, too:

In the run-up to Election Day, an influential Tea Party group seemed skeptical that a blue wave would wash over the state.

But after the votes were tallied Tuesday, the NE Tarrant Tea Party found that some of its favored candidates had nearly been swept away.

“Slaughtered … slaughtered … lost … lost … barely held on, but at least they won,” the group’s president, Julie McCarty, wrote to supporters Wednesday, ticking down a list of races. “We are rapidly becoming outnumbered. I don’t know what tomorrow holds, but I don’t like the pattern.”

Though the GOP maintained its dominance of the Legislature and control of every statewide office, it was by almost all counts a tough night for her wing of the party. With the Democrats’ star senatorial candidate, Beto O’Rourke, at the top of the ticket, challengers running to the left of far-right — and often well-financed — candidates made nail-biters of races that had once been safe Republican wins.

[…]

Political analysts say the results spell trouble for the no-holds-barred conservatism that has animated Republican primaries, especially with the success of Democratic challengers who this year campaigned on bread-and-butter issues like education and health care.

“The margins for the more combative and conservative Republicans were much smaller than that of the more pragmatic and more consensus-based Republicans,” said Mark Jones, a Rice University political science professor. “That says something to Republicans that is: When you have a candidate that doesn’t alienate people, your cushion is much larger.”

McCarty, the NE Tarrant Tea Party president, did not respond to a request for comment, nor did Michael Quinn Sullivan, head of the deep-pocketed and hard-right Empower Texans group.

But in an email newsletter Wednesday, Sullivan said it “was a rough night for Texas Republicans.”

“Elections come and go; some candidates lose and some candidates win. Sometimes those losses and wins have nothing to do with the candidates themselves,” the newsletter said. “Legislatively, though, not much changes. The GOP holds commanding leads in Texas’ House and Senate.”

The lower chamber’s most conservative faction, the Freedom Caucus, may in fact gain membership next session, with the entrée of several new ideologically aligned candidates.

McCarty, in an email to supporters, attributed the election outcome to an influx of Democrats and “white guilt” invading the suburbs.

“It’s not that we didn’t work hard. It’s not that folks didn’t vote. Dems are moving in from out of state, lured in by short-sighted politicians. Dems are moving in across the border. Dems run our schools and universities and churn out more Dems,” she wrote.

Clearly, we need to build a wall around the entire state. Maybe we can make California pay for it. As for the thesis that the wingnuts will perform some strategic moderation, let’s just say that the evidence for that is thin so far.

I mean, look, we may well lose some amount of the ground we gained this year in the 2020 election. Lord knows, I was feeling pretty damn giddy around this time in 2008 as well, and we know what happened next. But damn, I’m gonna enjoy this for now. Campos has more.

Dallas lawsuit over candidate eligibility officially mooted

Sep 24th, 2018
by Charles Kuffner.
Comments are off for this post

From the inbox:

On Thursday, September 20, 2018, the Fifth Court of Appeals issued an Order in Dallas County GOP v. Dallas County Democratic Party, stating that any relief related to the November election is moot, and that the appeal, therefore, is limited to the propriety of dismissal under Rule 91a and attorney’s fees. Chad Baruch of Johnston, Tobey Baruch Law Firm, one of the attorneys for the Dallas County Democratic Party (the “Democrats”), explained: “This means, effectively, that only the attorney’s fees issue will be considered by the Appellate Court. The case is over as to the November ballot and the eligibility of the candidates.”

During the 2018 Primary, the Dallas County Republican Party (the “Republicans”) filed suit against the Democrats, asking the trial court to remove over 100 Democratic candidates from the ballot. The Republicans claimed that the candidates’ applications were not valid because they had not been personally signed by the Dallas County Democratic Party Chair. Upon review of the pleadings, and after a hearing on the merits, the trial court found that “the Texas Election Code does not impose a manual signature requirement” as alleged by the Republicans. The Court held that the Republicans claims are “moot,” that their party “lacks standing,” and that such claims should be dismissed as “lacking a basis of law.” The trial court also held that the Democrats were entitled to recover, from the Republicans, attorney’s fees in the amount of $41,275.

Carol Donovan, Chair of Dallas County Democratic Party stated, “During this election season, the Republican Party has been filing frivolous lawsuits against Democrats to try to remove candidates from the ballot. It appears that the Republicans are afraid to let the voters decide what persons they want to represent them. Thankfully, the rulings of the courts support democracy.”

See here, here, and here for the background. I didn’t find any news coverage of this, but the case is No. 05-18-00916-CV at the Fifth Court of Appeals, and a link to the court’s order is here. The relevant bits:

Appellants and appellees filed letter briefs as directed. The parties agree that any relief sought regarding the November 6, 2018 general election, including preparation of the ballot and what candidates may or may not appear on the ballot, will be mooted by the election schedule.

Appellants affirmatively state that they “do not request relief related to the general election” and “only seek to appeal relief related to the lower Court’s decision on subject matter jurisdiction; 91(a), and the mandatory attorney’s fees.” Appellants further state that their appeal seeks this Court’s ruling on five issues that are not mooted by the election schedule and relate to the propriety of the lower court’s dismissal under Rule 91a and the award of attorney’s fees.

Appellees concede that appellants may appeal the fees award and that the fees issue is not moot. Appellees did not address, however, whether they dispute appellants’ ability to appeal the propriety of dismissal under Rule 91a.

So, even though the late-in-the-day appeal still sought to argue that DCDP Chair Carol Donovan needed to sign the candidate petitions, in the end all that was argued was whether the case was properly dismissed, and how much is owed to the DCDP in attorneys’ fees. This is what you call ending with a whimper. At least it’s one less thing to worry about before voting begins.

Two from PPP (RV): Cruz 48, O’Rourke 45, and Cruz 49, O’Rourke 46

Sep 22nd, 2018
by Charles Kuffner.
17 comments

Fourth in a series from PPP.

Rep. Beto O’Rourke

A new Public Policy Polling (PPP) survey commissioned by Protect Our Care finds that 62 percent of voters in Texas say health care will be one of the most important issues they consider when casting their vote in November. What’s more, 44 percent are deeply concerned about Senator Ted Cruz’s work to repeal health care and nearly 60 percent oppose the Trump Administration’s lawsuit to end protections for those with pre-existing conditions, which Cruz has refused to oppose.

The poll shows that for Cruz, who has been among the GOP’s fiercest advocates for repealing the American health care law, the issue is a drag on his prospects for reelection. In the poll, Cruz is in a dead heat against Democrat Beto O’Rourke 48 (Cruz) to 45 (O’Rourke). The poll was conducted September 19th and 20th among 613 Texas registered voters. The survey has a margin of sampling error of +/- 4 percent.

“Ted Cruz thought he was going to score political points shutting the government down trying to repeal health care, but what he actually did was put his own reelection prospects in serious jeopardy. Ted Cruz’s constituents say health care is one of the most important issues to them this election, and as a result he’s taking on some pretty serious water in this race. Whether it is Cruz’s opposition to protections for people with pre-existing conditions or his vote for an age tax, Ted Cruz’s extreme health care views are rejected by his constituents.”

The full polling memo is here. That hit my inbox on Thursday. On Friday, I got this:

A new poll of likely voters in Texas, commissioned by End Citizens United (ECU) and conducted by PPP, shows that Beto O’Rourke continues to close in on Senator Ted Cruz. ECU’s latest poll shows O’Rourke behind Cruz by three points, 46-49 percent. Click here to see the full polling.

When voters learned of O’Rourke’s decision to reject all PAC money and Cruz’s reliance on special interests, O’Rourke takes the lead 48-46 percent.

This is the fourth poll ECU has conducted in the race with each poll showing O’Rourke increasingly closing the gap. In January, O’Rourke was within eight points of Cruz, 37-45 percent. By June, O’Rourke had moved to within six points, 43-49 percent. In July, he closed the gap to four points, 42-46 percent. The latest poll conducted this week has him within the margin of error.

“Beto and his message of reform continues to win over Texans,” said ECU President Tiffany Muller. “He’s spent the last 18 months visiting every county in the state, listening to voters, and inspiring people to get involved. With just a few weeks until Election Day, Beto has pulled even with Ted Cruz and is in position to win this race.”

PPP surveyed 603 Texas voters from September 19-20. The margin of error is +/- 4%.

Based on his record of fighting for reform and his decision to reject all PAC money, Beto O’Rourke was the first challenger ECU endorsed in the 2018 midterms. For O’Rourke, ECU was his first national endorsement. ECU’s grassroots members have donated over $350,000 to O’Rourke’s campaign, averaging just $13 per contribution. Beto is one of only a handful of members of Congress to reject all PAC money, a decision that has made him a leader of a growing trend, with 124 no corporate PAC candidates advancing to the general election.

That poll memo is here. I think these are two different polls – they have different sponsors, slightly different results, and slightly different sample sizes (613 for the first, 603 for the latter), though they were all done between September 19 and 20. The End Citizens United-sponsored polls done by PPP are the ones I have linked on my sidebar. Protect Our Care references earlier polls, which could be these ECU polls, but doesn’t provide links, so who knows. I will say that ECU’s characterization of this as “within the margin of error” is correct, and POC’s “in a dead heat” is wrong and should be avoided. Both of these polls, plus that Ipsos poll arrived after the Quinnipiac poll, to vastly less fanfare; at least RG Ratcliffe acknowledged the existence of the Ipsos poll. The 18-poll average is now 46.83 for Cruz, and 41.83 for Beto.

On a side note, I also received a press release from the Republican Party of Texas announcing that they had filed a complaint with the FEC against End Citizens United for “ECU’s failure to file a direct expenditure for public communications in support of – or as an in-kind contribution to – the Beto for Texas campaign.” You can search the Internet for the eyeroll GIF of your choice here. It’s the weekend, and I can hear a beer calling my name.

The Republicans really, really want to win SD19 by forfeit

Aug 31st, 2018
by Charles Kuffner.
2 comments

Sure is what it looks like.

Pete Gallego

With early voting set to begin in less than two weeks, the Republican Party of Texas is continuing efforts to have Democrat Pete Gallego removed from the ballot, which if successful would leave only the GOP’s Pete Flores in the runoff election to fill a vacant seat in the Texas Senate.

Republicans argue that Gallego lives in Austin and not in Senate District 19, which stretches from San Antonio to the Big Bend region and the New Mexico border, in violation of a state law requiring candidates to live in the legislative district they hope to represent.

Gallego has denied the accusation, and a lawyer for the state Democratic Party believes the GOP’s legal case is weak and intended to heap negative publicity on Gallego, not produce a victory in court.

[…]

Gallego has said he lives in his mother’s home in Alpine, the small West Texas city where he was born and raised.

His campaign — which did not respond to several requests to discuss Gallego’s residency — has characterized the legal challenge as a desperate and unjustified attempt to steal a Senate seat in a reliably Democratic district.

“Pete Gallego has lived in Alpine since 1989 when he returned home to become a local felony prosecutor,” Gallego campaign manager Christian Archer said shortly after the GOP lawsuit was filed earlier this month. “Pete is registered to vote in Alpine, where he has always voted and where he pays his utilities.”

[…]

Texas law defines a candidate’s residence as “one’s home and fixed place of habitation,” which leaves some room for interpretation.

In its legal challenge filed in district court in Travis County, the state Republican Party alleges that Gallego resides in a Southwest Austin house that he purchased in 2000 with his wife, Maria Ramon, a lawyer with the Texas Office of Court Administration.

The party’s lawsuit points to a homestead exemption claimed for the Austin property — a tax break provided only for homes used as a “principal residence” — and a July column in the San Antonio Express-News that discusses photos showing Gallegos’s truck parked outside the Austin house in May and Gallego leaving the house on a Monday morning in July.

“It is now undisputed that Gallego does not actually live day-to-day in Alpine, and most likely has not done so since, at best, sometime in 2000,” the lawsuit said.

Archer told the Express-News in mid-August that the homestead exemption on the Austin house belonged to Gallego’s wife and that, in addition to paying utilities in Alpine, he also registered his car there.

Chad Dunn, a lawyer for the state Democratic Party, is not involved in the lawsuit but predicted that the GOP effort is doomed because the Texas Supreme Court long ago determined that only an opposing candidate has the legal standing to file suit in residency disputes.

“Knowing some of the lawyers who brought it, who know better, I only assume this was an effort to obtain some free campaign attention” at Gallego’s expense, Dunn said.

The Flores campaign did not join the lawsuit, though two voters from the district are part of the challenge.

See here and here for the background. For better or worse – and you have certainly seen me complain about this in the Dave Wilson case – Texas’ laws regarding residency are vague and basically not enforced. I guarantee you, if a court finds that Pete Gallego is ineligible to run in SD19, there will be a large number of existing legislators, of both parties, who will be vulnerable to the same kind of challenge. I’m sure the Republicans’ lawyers are aware of this. In the meantime, early voting begins on September 10. I fully expect both candidates will be on the ballot.

County Attorney declares registration challenges invalid

Aug 30th, 2018
by Charles Kuffner.
5 comments

That’s one word for it.

The Harris County Attorney’s office said Tuesday that the 4,000 voter registrations challenged by a county Republican Party official were invalid, and the voter registrar should not have sent suspension notices to more than 1,700 county voters.

“The voter challenge they received was not in compliance with the law,” Assistant County Attorney Douglas Ray said. “If somebody doesn’t respond to that notice, we advise (the registrar) not to place voters on the suspension list.”

[…]

Ray explained to Commissioners Court at its Tuesday meeting that to challenge a voter’s registration under state law, the challenger must have personal knowledge that the registration is inaccurate. Ray concluded that Alan Vera, the chairman of the Harris County Republican Party’s Ballot Security Committee who brought the challenges in July, could not possibly know each of the 4,037 voters on his list. Therefore, the challenges cannot be considered, he said.

Vera said Tuesday afternoon he disagrees with that interpretation and will “take follow-up actions.”

He previously said he and volunteers had combed through the rolls looking for voters who had listed the locations of post offices, parcel stories or places of business as their address.

State law requires voters to register at the address where they live.

See here and here for the background. The actual standard for voter registration is not where you actually live but where you intend to live, as Karl Rove and a long list of elected officials going back to the first days of the Republic could tell you. If we really want to enforce this standard, there’s going to be an awful lot of politicians hiring moving vans.

There’s another class of voter that this invalid challenge went after as well.

A detailed look at the list of challenges to the voter registration rolls filed by Harris County Republican Party Ballot Security Committee Chairman Alan Vera reveals that individuals using facilities dedicated to the homeless as residency addresses were among the 4,000 people targeted.

[…]

In addition, the challenge list had a startling number of facilities used by homeless people in the Houston area. The Beacon at 1212 Prairie had 15 such challenges. When contacted, The Beacon said that they partner with COMPASS, a group dedicated to helping the disadvantaged through employment and other means, to allow people staying at the shelter to receive their mail, including government documents such as voter registration paperwork. The Beacon is also where many of the people temporarily staying with the Salvation Army on North Main Street are referred to. The Salvation Army was listed in 23 challenges, despite the fact that the organization does not allow people to use it as a mail service.

Star of Hope Mission, Healthcare for the Homeless and The Hope Center were also among the challenged addresses. Aable Bail Bonds had 18 challenges, likely because they formerly ran a bunkhouse for homeless clients on the second floor.

Patients listing substance abuse and mental health care center addresses were included as well. The Houston Recovery Center, which attempts to divert individuals caught intoxicated in public away from incarceration, had 12 challenges on Vera’s list. Patients may reside at the facility for 18 months according to their media relations department.

As the story notes, just last year VoteTexas.gov was assuring people who had been displaced by Harvey that they could register to vote at a shelter if that’s where they were staying. How things change in a year, eh? It’s unfortunate that the Tax Assessor’s office took action on these registrations, even if was the result of a software glitch, before consulting with the County Attorney. But at least it has all come to light. If we use this as a catalyst to improve our voter registration process, so much the better.

Dallas County “discrimination against white voters” lawsuit dismissed

Aug 27th, 2018
by Charles Kuffner.
Comments are off for this post

It was always a silly idea.

A federal judge Thursday dismissed a landmark lawsuit that accused Dallas County commissioners of discriminating against white voters.

The lawsuit sought to dismantle the boundaries the county uses to elect commissioners, claiming that the lines dilute the voting strength of white residents.

U.S. District Judge Sidney Fitzwater said it’s possible for white voters to successfully claim voting rights discrimination, but he ruled that lawyers for the plaintiffs in Anne Harding vs. Dallas County didn’t prove their case.

He wrote that given the political makeup of Dallas residents of voting age, and the geographical distribution of Anglo Republicans, it isn’t possible to know if a GOP candidate could be elected in a second district.

“In other words, because plaintiffs have failed to produce any evidence at trial that the Commissioners Court could have created two performing districts for Anglo Republicans, the logical result is that [defendants] did not dilute the [Anglo Republican] vote,” Fitzwater wrote.

He continued: “In fact, if anything, the evidence shows that plaintiffs’ voting power has been strengthened, rather than diluted, by the concentration of Anglos in [Precinct 2] where they can reliably elect a Republican candidate. Accordingly, the court finds that plaintiffs have not proved their vote dilution claim.”

[…]

During the trial, the plaintiffs offered alternative boundaries that their experts contended would have resulted in two conservative Republicans on the Commissioners Court.

But Fitzwater was swayed by testimony from Democratic strategist Matt Angle, who drew the 2011 map. Angle said it wasn’t a given that voters in the two “Anglo” districts the plaintiffs sought would elect a Republican to the court.

Fitzwater’s opinion states that under the plaintiffs’ plan, white voters would be split between the existing Republican district and another one, opening the door for Democrats to control every seat on the Commissioners Court.

“There are not a sufficient number of Anglo Republicans to elect a Republican candidate in more then one commissioner district,” Fitzwater wrote.

See here and here for the background. A copy of the decision is embedded in the story. I’m dubious about the assertion that white voters could successfully claim voting rights discrimination – to say the least, I think the bar for that is going to be very, very high – but I’m not going to worry about that right now. The plaintiffs have a month to decide if they’re going to appeal. Good luck with that.

Vote suspension update

Aug 23rd, 2018
by Charles Kuffner.
4 comments

The situation gets more complicated.

Harris County mistakenly placed more than 1,700 voters on its suspension list in response to a local Republican official’s challenge of nearly 4,000 voter registrations, county Tax Assessor-Collector Ann Harris Bennett said Wednesday.

The situation quickly spun into a partisan spat with the Harris County Democrats accusing the GOP of targeting Democratic voters, and the Harris County Republican Party blasting Bennett, who also is the county’s voter registrar, for the suspensions and for confusing voters.

“Democrat Voter Registrar Ann Harris Bennett should not have jumped the gun by suspending those voters’ registrations,” Harris County Republican Party Chairman Paul Simpson said in a statement. “We urge Democrat Ann Harris Bennett to follow the law and quit violating voters’ rights.”

The suspensions came to light after Bennett’s office mailed letters to the voters whose registrations were challenged, asking them to confirm their addresses.

Assistant County Attorney Douglas Ray said counties are required to give voters 30 days to respond to those requests before placing them on a suspension list, but Bennett’s office took that action prematurely in some cases.

“They were following procedure they believed was the correct procedure, but after they consulted with us, they realized that the correct procedure was to wait 30 days,” Ray said.

Bennett blamed the mistake on a software glitch. She said her office discovered the error after three or four days, and immediately fixed the 1,735 suspended registrations.

The suspension list is poorly named, Ray said, because voters whose registrations are placed on suspension remain eligible to cast ballots. Voters are purged from the rolls, he said, only if they are placed on the suspension list, fail to respond to letters from the county and fail to vote in two consecutive federal elections.

See here for the background. It’s good that the suspensions were undone, but it’s annoying that Bennett’s office got the law wrong in the first place. It’s also annoying that the law allows people to make such challenges based on flimsy evidence, which as we saw in this case caused problems for real people who done nothing to warrant it. Even if their registrations being put into suspense was premature and incorrect, the fact that they were sent a letter they had to respond to in order to avoid any future issues was needlessly intrusive. Thus, I still believe that law needs to be revised, and we all need to be on guard for shenanigans like this, since the increase in voter registration in Harris County is a big threat to the Republicans. For now at least we can dial down that alarm a bit. That goes for me, too. The Press has more.

If you can’t win, cheat

Aug 22nd, 2018
by Charles Kuffner.
14 comments

This is some bullshit.

Harris County residents keen to vote in the upcoming midterm elections should be very careful about checking their mail. Recently, some residents of Third Ward received letters informing them of an address change they had not actually filed and which, if not answered, would put their franchise into suspension. It looks to be the result of a Republican-led challenge to thousands of Houston voters.

Lynn Lane, the well-respected Houston photographer who does a lot of theater and dance photography, almost threw the envelope away, thinking it was junk mail. Instead, it was from Ann Harris-Bennett, Harris County Tax Assessor-Collector & Voter Registrar. Though Lane has lived at his address for the past five years, his letter said otherwise. Furthermore, lack of response would cost him the right to vote.

It reads:

“If you do not respond at all to this notice, your registration will be canceled if you have not confirmed your address either by completing the response form or confirming your address when voting before November 30 following the second general election for state and county officers that occurs after the date the confirmation notice is mailed.”

Lane subsequently checked his voter registration and found that his voting rights were indeed listed as suspended. He says that a neighbor and others he had spoken to – who declined to be named in this story – had received similar letters.

“Something is definitely fishy with them trying to cancel voters registration stating our addresses have changed and if we don’t return these forms completed they will remove us from the registration it we will not be able to vote in November,” says Lane.

Archie Rose in Harris-Bennett’s office said that he suspected voter registration challenges were to blame when contacted for comment. According to Section 16 of the Texas Election Code, “a registered voter may challenge the registration of another voter.” Alan Vera, Chairman of the Harris County Republican Party’s Ballot Security Committee, has delivered 4,000 such challenges to Harris-Bennett’s office.

[…]

Lane’s letter is indicative that Vera and the Harris County Republican Party’s Ballot Security Committee’s movement has resulted in some lawfully registered voters in minority neighborhoods seeing their right to vote jeopardized. As the current system allows any registered voter to initiate such challenges against anyone they suspect or wish to accuse of improper registration, it is open to coordinated mob misuse.

“This is voter suppression at its finest,” says Lane. “And it’s also a waste of taxpayer dollars to send out all of these forms and then have us send them back to make sure we’re okay when we were okay before.”

Voters are encouraged to check their mail carefully in case they have also been challenged, and to make regular checks of the Secretary of State website to confirm their voter registration status. Anyone who receives a letter like Lane’s should respond promptly as instructed.

So, three things here. One, check yourself (choose “VUID and date of birth” for the Selection Criteria; your VUID is right there on your voter registration card) and tell everyone you know to check themselves. Two, the law in question being used to challenge these voters’ registrations needs to be tightened up. The person making the challenge must “state a specific qualification for registration that the challenged voter has not met based on the personal knowledge of the voter desiring to challenge the registration”, which seems awfully broad. Let’s define a standard of evidence here, and let’s include a penalty for making false claims. And three, while there may not be a prescribed remedy for someone who has been fraudulently challenged, I’m thinking a lawsuit against the perpetrators is in order anyway. Maybe file four thousand of them in JP court, for a bit of cosmic balance.

Be that as it may, this story deserves to be more thoroughly reported and widely known. It’s been all over Facebook among local Democrats, and the HCDP took notice as well. From an email sent out by HCDP Chair Lillie Schechter:

We were alerted yesterday that the voter registrations of nearly 4,000 democratic voters had been challenged by Republicans. Taking advantage of a loophole that allows challenged voter registrations to be placed on a suspense list requiring them to either update their address information online or complete a Statement of Residence at their polling place.

Making it harder to vote is one of the oldest tactics in the playbook of Republicans who are right now shaking in their boots at the thought of the expanding electorate and the coming blue wave.

HCDP is working to identify every democratic voter affected and alert them to this change in their registration status. We plan to contact them by mail and phone to ensure they have all the information needed to exercise their right to vote in November and beyond.

Good, and exactly what they need to do. It sucks that they have to do this, but that’s the world we live in, where people who have lived at the same address for years can have their voter registrations challenged by random assholes. Know what’s going on, and don’t let anyone disenfranchise you or someone you know.

Dallas County Republicans still trying to knock all the Dems off the ballot

Aug 16th, 2018
by Charles Kuffner.
4 comments

Here comes the appeal.

Dallas County Republicans will appeal a ruling that blocked efforts to remove scores of Democrats from the November election ballot.

A formal intent to appeal was filed Monday on behalf of Missy Shorey, the chairwoman of the Dallas County Republican Party, with the Fifth Court of Appeals in Dallas.

Shorey argues that Dallas County Democratic Party Chairwoman Carol Donovan did not properly certify candidate petitions and forward them to the Texas Secretary of State’s office. The lawsuit, originally filed in January, showed that Donovan did not sign 127 candidate petitions.

“The case was inappropriately dismissed,” local GOP lawyer Elizabeth Alvarez Bingham said in an email Tuesday night.

But Donovan said nothing had changed with the Dallas County Republican Party’s lawsuit.

“The trial court found the Republican Party’s lawsuit to be frivolous, and their appeal is frivolous as well,” Donovan said in a text message.

[…]

It’s unclear if the appeals court, which is majority Republican, will hear the case before the November general election.

“The case never had any merit,” said Buck Wood, a lawyer for about a dozen Democratic candidates that would be affected if the suit is successful. “It’s way too late to be doing anything. I don’t know why they filed an appeal.”

See here for the previous update. I can understand appealing the dismissal – as noted in the story, the judge did not elaborate on his reason for dismissing the case – but I don’t get waiting four months to file it. The lawsuit has always seemed to be tenuous at best, relying on a very strict reading of election law that nobody seems to adhere to at that level, with the penalty being quite extreme and falling on candidates who themselves did nothing wrong. I would also note that we are fast approaching a deadline for when absentee and overseas ballots have to be printed and mailed, so the court would have to act very quickly if it were going to take action (another reason why the delay in appealing puzzles me). I suspect nothing will come of this, but as always with courts you never can be sure.

SD19 runoff date set

Aug 14th, 2018
by Charles Kuffner.
Comments are off for this post

Mark your calendars.

Pete Gallego

Texas Gov. Greg Abbott has picked Sept. 18 as the date of the special election runoff to replace convicted former state Sen. Carlos Uresti, D-San Antonio.

Early voting will run Sept. 10-14.

The runoff pits Republican Pete Flores against Democrat Pete Gallego. They were the top two finishers in the first round of the special election, which was held July 31 and included six other candidates.

The runoff date was first revealed Monday by lawyers appearing in Travis County court for a case challenging the eligibility of Gallego, the former congressman and longtime state lawmaker from West Texas. Abbott issued a proclamation officially setting the date of the runoff shortly after the hearing was over.

The hearing was in response to a Republican Party motion for a Temporary Restraining Order against the Texas Secretary of State from certifying candidates for the runoff, part of their effort to sue Gallego off the ballot for violating our non-existent residency laws. The motion was denied, so go figure. Anyway, the battle is now joined. Go throw Pete Gallego a few bucks if you want to keep Dan Patrick from increasing his grip on the Senate.

State GOP sues to toss Gallego off SD19 runoff ballot

Aug 11th, 2018
by Charles Kuffner.
1 comment

Oh, good grief.

Pete Gallego

The Republican Party of Texas filed a lawsuit Friday aiming to kick Democrat Pete Gallego off the ballot in the special election runoff to replace convicted former state Sen. Carlos Uresti, D-San Antonio.

Gallego is heading to a runoff election against Republican Pete Flores. However, the state party claims in the lawsuit that Gallego lives in Austin, not in Senate District 19, which includes parts of San Antonio and West Texas.

“Pete Gallego has established a longtime pattern of misleading the voters of Texas regarding his place of residency. It’s common knowledge Gallego does not live in Senate District 19,” Texas GOP Chairman James Dickey said in a statement. “He has for years lived with his family in Austin, where his wife has a homestead exemption; this well-known and well-documented.”

[…]

Under state law, a candidate has to reside in the district he or she hopes to represent for a year before election day. Residency claims are notoriously hard to prove, however, because that doesn’t always mean that a candidate actually lives in the district.

Yeah, good luck with that. Let me add two words here: Brian Birdwell. I honestly can’t remember the last time one of these lawsuits succeeded, for the reason cited above. This is one part Hail Mary pass and one part (successful) gambit to get a bit of publicity for a campaign issue. I wouldn’t give it any more thought than that.

Houston on the short list for the 2020 DNC

Jun 22nd, 2018
by Charles Kuffner.
7 comments

One in three shot at it.

Democratic Party officials have culled the list of potential host cities for the 2020 Democratic National Convention from eight to four, and Houston is still in the mix, Mayor Sylvester Turner said Wednesday.

The mayor kicked off Wednesday’s regular city council meeting with the announcement, noting that Milwaukee, Denver and the Miami area are the other remaining finalists. By the end of the meeting, however, he said he was told Denver had withdrawn its bid, leaving Houston as one of three finalists.

“Our chances have gotten exponentially better,” Turner said. “I’m excited about the proposal we submitted.”

[…]

Turner said he also wants to bid on hosting the 2024 Republic National Convention when the time comes.

“It’s all about marketing and selling the city of Houston,” the mayor said.

See here, here, and here for the background. All three sites have their pros and cons, so it’s probably just a matter of how each bid gets sold to the city. I’m hopeful but not overly optimistic. As for the 2024 RNC, all I can say is that it better be a post-Trump Republican Party by then, or there’s no amount of marketing value that could make it worth the effort. The Trib has more.

We may have reached peak independent candidate

Jun 17th, 2018
by Charles Kuffner.
5 comments

Meet Jonathan Jenkins, who would apparently like to be on your ballot for the Senate this fall.

Jonathan Jenkins

It’s got a high-tech evangelist for a founder, $6 million in private equity investments, even its own crypto-currency.

No, it’s not a driverless car start-up or some new, life-changing app.

It’s the Indie Party — billed as a “movement” to end the “two-party duopoly” in the United States but built more like a political consulting and technology firm with profit in mind. Its first target — and at this point its only target — is the high-stakes U.S. Senate race featuring Republican Ted Cruz and Democrat Beto O’Rourke.

Its candidate and founder is a self-described “successful tech entrepreneur” and fluent Mandarin speaker named Jonathan Jenkins. The Euless native has been busily gathering the 47,000 or so signatures he needs to qualify for a spot as an independent on the November ballot alongside Cruz and O’Rourke.

[…]

Jenkins is the co-founder of company known as Order With Me (or just WithMe), which helps companies develop pop-up retail outlets. A graduate of Trinity-Euless High School and Abilene Christian College, Jenkins announced the launch of the Indie Party in March and said it had raised some $6.5 million in start-up capital within 72 hours.

Slick videos on the Indie Party website promote independent candidates as the solution to politics as usual, and the party offers a high-tech innovation: a crypto-currency called Indie Tokens that volunteers can earn and sell to donors, and that can be used to buy campaign merchandise or political services from vendors, lawyers and pollsters.

It’s “a party that is owned by you, the people, not by the politicians,” declares one of several videos on the Indie Party website. “This is real transparency, instead of behind closed doors and in the shadows.”

But the Indie Party is not a political party at all. It’s a private, for-profit corporation whose finances are — despite the gauzy advertising — not entirely transparent. And it’s owned not by the voters but by private equity investors who provided the start-up funds.

Indie Party spokesman Mitch Allen identified one of the investors as Las Vegas-based Global Trust Group, and said William Attinger, a former Morgan Stanley derivatives specialist, “led the initial investment” on behalf of the group. Attinger is managing director of venture management for Global Trust Group and is on the board of Raise The Money Inc., an online platform for political fundraising, according to his online bio. Calls and emails left with the Global Trust Group were not returned.

Neither Jenkins nor the Indie Party would identify the three other investors who contributed. Nor did Jenkins or the party say how much Jenkins was paid during his stint as CEO of the Indie Party Co., although Jenkins said his compensation was considerably less than the $600,000 the Indie Party estimated in a U.S. Securities and Exchange filing it would pay officers or directors. At the time of the filing Jenkins was the only disclosed officer or director.

All that will be clarified, Allen said, when Jenkins files his required personal financial disclosure later this summer as a Senate candidate.

You know how some people complains that the Republican and Democratic parties have been taken over by big money corporate interests? With the Indie Party, you can skip the middleman and join a “party” that started out as a big money corporate interest. To once again quote the great philosopher Dogbert, sometimes no sarcastic remark seems adequate. They’ve got a week to turn in their petitions to the Secretary of State (Sec. 142.006. REGULAR FILING DEADLINE FOR APPLICATION. (a) An application for a place on the ballot must be filed not later than 5 p.m. of the 30th day after runoff primary election day, except as provided by Section 202.007.) For what it’s worth, Carole Keeton Strayhorn turned in 223,000 signatures and Kinky Friedman turned in 169,000, both in 2006 for their indy candidacies for Governor. We’ll see how Jenkins compares.

(Note: Strayhorn and Kinky had to turn their sigs in by May 11 that year because the 2006 primary runoffs were held on April 11. The date of the primary runoffs was moved from the second Tuesday in April to the fourth Tuesday via SB100 (see section 6) in 2011. They had less time to collect signatures, but only about 1.2 million people voted in a party primary that year while over 2.5 million did so this year; people who voted in a party primary or a party primary runoff are ineligible to sign a petition for an independent candidate.)

Mentioned in the story but not my excerpt: The Harris County Republican Party has filed a complaint against Jenkins and the Indie Party with the FEC, alleging that “Jenkins and the corporation have violated federal law by providing improper corporate contributions to the Jenkins campaign; illegally coordinating with the Jenkins campaign in getting signatures to put him on the ballot; and failing to file with the FEC as a political committee”. You can find a copy of the complaint here and the attached exhibits here, and you can read into that whatever you want.

Anyway. If you surmise that I am not impressed by Jonathan Jenkins or Indie Party, Incorporated, you would be correct. Whether I need to care about their existence beyond June 21 remains to be seen. Have you observed any of their petition-gatherers? Please leave a comment and let us know.

Dallas Republicans ordered to pay legal costs in their failed ballot access lawsuit

May 9th, 2018
by Charles Kuffner.
Comments are off for this post

Cue the sad trombone.

The Dallas County Republican Party will have to pay more than $51,000 to Dallas County Democrats for attorney fees incurred in defending the GOP’s attempt to remove dozens of Democrats from election ballots.

In his final order for the case, state District Judge Eric Moyé ordered the plaintiffs to pay Democrats for the work of three lawyers in the case. The bulk of the $51,600 — more than $32,000 — was awarded to the Dallas County Democratic Party to pay its lawyer in the case, Randy Johnston. The action came after Moyé dismissed the case late last month.

“This is totally a self-inflicted wound on the Republican Party,” Johnston said Monday. “I told them from the start this was a fatally flawed, frivolous lawsuit, but no one would listen. They attacked the trial judge, they attacked the Democratic Party Chair, and they attacked 127 qualified candidates. And they lost it all. Totally self-inflicted and they have no one to blame but themselves.”

Elizabeth Alvarez Bingham, the lawyer for the Dallas County GOP, said she had not seen Moyé’s order. She said state law “exempts us from attorney fee awards because we used a public figure” to file the case. Missy Shorey, the Dallas County GOP party chair, was the plaintiff.

Bingham, who earlier argued unsuccessfully that Moyé should be removed from the case because he recused himself on another ballot challenge, said she was told she had until Monday to argue against her client having to pay lawyer fees.

See here for the background. Good luck with those arguments, Dallas GOP, which did file a response and will get a hearing on Monday for the judge to reconsider. I admit it made me sweat for awhile, but this lawsuit was just too clever by half. The people that filed it deserve their fate. The Dallas Observer has more.

No GOP convention for San Antonio

May 7th, 2018
by Charles Kuffner.
1 comment

Wise decision.

The city of San Antonio will not submit a bid to host the 2020 Republican National Convention, a decision announced after council members met Thursday in closed session to discuss the matter.

The cost of pursuing the event — an international spectacle that could draw 40,000 visitors, including 15,000 reporters — outweighs the potential economic impact that could be $200 million, Mayor Ron Nirenberg and most council members agreed.

The host city, through a local committee that would be composed of business leaders, would be expected to raise about $70 million, including about $6 million from public coffers.

“As a whole, the City Council did not feel it was worth it to move forward,” Nirenberg said shortly after concluding the closed-session meeting with his colleagues.

[…]

Though there was no actual vote in the council’s executive session, the mayor said the consensus in the room was not to proceed with a bid for the multi-day convention scheduled for August of 2020. The decision, he said, extends to the Democratic National Convention.

San Antonio has not bid on a national political convention in two decades, Nirenberg said.

The RNC issue has come to the forefront because party leaders specifically asked for a bid from San Antonio, and the GOP representative in charge of site selection visited San Antonio in March to personally ask for leaders here to consider submitting a bid.

See here for the background. Seems to me that the RNC doesn’t exactly have cities beating on their door to host this thing, and given the lead time necessary to raise the money and make the preparations, time is beginning to run short. That’s not San Antonio’s problem, however. There are some people who aren’t happy with Mayor Nirenberg’s decision, and they’ll get their chance to express that next May. I doubt it’s a serious problem for him, but you never know. Good luck finding a sucker city willing to put in a bid, RNC. The Current and the Rivard Report have more.

San Antonio and the 2020 Republican convention

May 1st, 2018
by Charles Kuffner.
3 comments

Beware.

The campaign manager for President Donald Trump wants San Antonio to host the 2020 Republican National Convention and has taken to Twitter to voice his frustration at the city’s lack of response to bid for the event.

San Antonio Mayor Ron Nirenberg said he had been encouraged by some local business leaders — notably Brad Parscale, Trump’s campaign manager — to submit a bid to host the convention. But the mayor said Wednesday he had gotten some mixed signals about the city’s chances of securing the bid.

He said representatives from the RNC were in San Antonio late last month to meet with political and business leaders about hosting the convention in the summer of 2020. Nirenberg said an RNC staff member told him shortly afterward that Republicans no longer were interested in San Antonio, so he did not raise the issue with the City Council.

In an email to Nirenberg Wednesday, Parscale pressed for a response. “It is very important that I let the group here in DC know that San Antonio is going to pass on this opportunity. Many cities are killing to have this,” Parscale wrote.

[…]

In an email to council members Wednesday, Nirenberg wrote: “Today, I learned that the GOP has renewed its interest in San Antonio and is now actively seeking a convention bid.”

Nirenberg invited council members to a closed-door discussion next week about whether the city should attempt a late bid to host the event, which could be an economic bonanza for San Antonio. He said he has reservations.

“There’s a reason San Antonio has not pursued a national political convention since 2000. The local community has to commit tens of millions of dollars up front, and prudent fiscal stewards have good reason to question whether that expense is worthwhile for the community,” Nirenberg said in an interview.

He remarked: “For all intents and purposes, there was nothing happening on this front until Parscale started blowing up the phones.”

There’s more on this from the Rivard Report here and here. Despite Parscale’s insistence that lots of cities want to have the 2020 GOP convention, the Current notes that only the city of Charlotte has made a bid so far. Both Dallas and Houston have passed, for example. I’ve no doubt that the convention would be good for the hotel business, but I can’t imagine it will do much for San Antonio’s image. The point that Nirenberg has made that a city that’s almost two-thirds Latino would not want to be particularly welcoming to Donald freaking Trump is unassailable. All of this is without taking into account the likelihood of massive protests, and Lord knows what else. Who wants to deal with that? I don’t know what decision Nirenberg and the San Antonio City Council will make, but I know what decision I’d make.

Lawsuit against Dallas County Democratic candidates dismissed

Apr 24th, 2018
by Charles Kuffner.
Comments are off for this post

Good.

A judge on Monday dismissed a lawsuit that would have removed more than 80 Democrats from the November general election ballot, putting to rest a controversy that threatened to toss Dallas County elections into chaos.

State District Judge Eric Moyé issued an order tossing out Dallas County Republican Party Chairwoman Missy Shorey’s lawsuit against Democratic Party Chairwoman Carol Donovan and 127 Democrats originally listed on the March 6 primary election ballot. After the primary, the names of the candidates that were in jeopardy dwindled to 82.

The lawsuit contended that Donovan did not sign the candidate applications of 127 Democrats before they were forwarded to the Texas Secretary of State’s office. That signature, according the lawsuit, was needed in order to certify the candidates for the election.

But Moyé on Monday sided with the defense and dismissed the claims. In a hearing Friday a team of lawyers, led by Randy Johnston, argued that Shorey did not have standing to bring the suit. They also said Donovan isn’t required by law to sign candidate petitions and that the matter is moot because the election is already underway.

[…]

Now Moyé will determine if the GOP will be on the hook for legal fees. About 16 Democrats plus the local party retained lawyers.

“The Republican Party must now pay the attorney’s fees incurred by the Dallas County Democratic Party for having to defend a lawsuit that has no basis in law or fact,” according to a news release from Dallas County Democrats.

See here, here, and here for the background. This lawsuit always seemed spurious, but you never can tell. It’s possible there could be an appeal – the lawyer for the Dallas County GOP said they were reviewing the decision and deciding on their next step – but that seems like an even longer longshot. Hopefully, this is the end of it, and hopefully the matter of “signing” the affidavit can be clarified in the next Legislature so as to avoid this kind of silliness going forward. The Trib has more.

On Latino primary participation

Apr 13th, 2018
by Charles Kuffner.
1 comment

Time for some numbers.

The predictions about Harris County Latinos becoming more engaged in the recent mid-term primary were right: The number of Latino voters who cast their ballot more than doubled compared to the previous primary of the same kind, in 2014, with an overwhelming majority voting in the Democratic election. Experts attribute the increase to factors such as the national political climate polarized by the immigration discussion and a high number of Latino candidates, among others.

According to the office of Harris County Clerk Stan Stanart, 36,184 Spanish-surnamed voters voted in the 2018 primary election compared to 13,721 in 2014.

The increase in turnout –which is the percentage of eligible voters who cast a ballot in a particular election– also doubled: 491,912 Spanish-surnamed voters were registered in the county as of February, which means the turnout was close to 7.4 percent, compared to the 370,293 Spanish-surnamed voters who were registered in the county in 2014, which means the turnout that year was 3.7 percent.

The break down by party was also significant.

In 2014, 53 percent of Latino voters participated in the Republican primary and 47 percent voted in the Democratic election, while this year 70 percent of that segment of the electorate took part in the Democratic primary and 30 percent voted in the GOP election.

Let’s break this down a little more, since this jumble of totals and percentages and whatnot muddles what it is we’re actually comparing. 


Year  LatinoR  LatinoD    All R    All D  LatinoR%  LatinoD%
============================================================
2014    7,272    6,449  139,703   53,788     5.21%    11.90%
2018   10,855   25,329  156,387  167,982     6.94%    15.08%

“LatinoR” and “LatinoD” represents the number of voters with Latino surnames who voted in the respective primaries for the given year, with those numbers derived from the percentages given. The percentages are the share of Latino voters in that primary.


         Growth
===============
LatinoR   49.3%
NonLatR    9.9%
All R     11.9%

LatinoD  292.8%
NonLatD  200.7%
All D    211.2%

“Growth” is the percentage increase of the group in question for the R or D primary from 2014 to 2018. The number of Latino Republicans increased by 49.3% from 2014 to 2018, the number of all other Republicans increased by 9.9%, and so on.

I’m presenting this all just for the sake of clarity. I don’t care to draw any conclusions because I don’t think we have enough data. Especially on the Democratic side, there was so much growth from 2014 to 2018 that it’s basically a waste of time to look at subgroups, because there’s growth everywhere. (OK, “waste of time” is an overstatement. If Latino participation had grown at a smaller rate than non-Latino participation, that would have been genuinely interesting.) A big part of the reason for this is that the turnout in the 2014 primary was so low. We won’t know for years if this is a new baseline or just a blip. As I’ve said before, I wouldn’t make any guesses about November based on what happened in March. There’s value in knowing the numbers. Beyond that, be very careful about making broad statements.

The CD02 primary runoff

Apr 6th, 2018
by Charles Kuffner.
Comments are off for this post

Oh, yeah, that’s happening.

Rep. Ted Poe

Kevin Roberts already overcame a $6 million onslaught from self-funding multimillionaire Kathaleen Wall to keep his hopes of winning a seat in Congress alive.

Now the Republican’s challenge is beating retired Navy SEAL Dan Crenshaw, a dark horse candidate who emerged from the primary election with surprising momentum.

Roberts, 51, said he’s not intimidated as the May 22 runoff approaches in the GOP primary battle to replace U.S. Rep. Ted Poe in Congress and will stick to his strategy.

“We will continue to run our race,” said Roberts, a businessman who was elected to the state Legislature in 2016. “All I can do is focus on our campaign and work to get our core message out … Experience matters.”

But Crenshaw isn’t about to give an inch on that front either.

Crenshaw, 33, has never held office but said he’s more than ready to put his nearly 10 years in the Navy up against Roberts’ political experience. Crenshaw said his time in the military taught him leadership skills, which he said are at the core of being a good public servant.

Crenshaw said that experience gives him an edge over Roberts on foreign policy and national security issues. Crenshaw served in South Korea, Iraq and Afghanistan. In 2012, while on his third tour of duty in Afghanistan, a roadside bomb nearly killed him. He lost his right eye and medically retired from the Navy in 2016.

On the one hand, I’m sure I speak for millions of Houstonians when I say I’m so relieved I’ll never have to see another Kathaleen Wall advertisement again. On the other hand, this runoff without Wall’s cartoon villainy is pretty much dullsville. I mean, these guys are about as compelling as unbuttered toast. Them’s the breaks, I guess. Anyway, eventually one of these guys will win the right to go up against Todd Litton, who I hope is busy raising more money right now. In the meantime, I’ll try to remember that this race exists.

Judge in Dallas County ballot lawsuit need not recuse himself

Mar 28th, 2018
by Charles Kuffner.
Comments are off for this post

Round One goes to the Dems.

The Dallas County Republican Party on Monday failed in an attempt to have a judge removed from a case that could disqualify 82 Democratic Party candidates from the general election ballot.

Kerrville’s Stephen Ables, the administrative judge for the Sixth Judicial Region, said the GOP did not present evidence that state District Judge Eric Moyé was biased and could not properly preside over the controversial lawsuit. He made his ruling after hearing oral arguments from lawyers representing both parties.

Several Democratic judicial candidates who are targeted in the case hugged after the ruling. And state Sen. Royce West, D-Dallas, said quietly that round one was over.

The suit, brought by the Dallas County Republican Party, contends that the candidates are ineligible to be on the ballot because Carol Donovan, the chairwoman of the Dallas County Democratic Party, didn’t physically “sign” or certify the petitions that were ultimately accepted by the Texas secretary of state’s office.

At one point it sought to disqualify 127 Democratic Party candidates, but the March 6 primaries whittled the number down to 82.

See here, here, and here for the background. This has nothing to do with the merits of the case itself, it just means we don’t need a new judge before getting to the main question. I presume the next step would be a hearing on Rep. Eric Johnson’s motion to dismiss, and once that is resolved if the suit is still active then a hearing on the Dallas County GOP’s arguments. The story says that Judge Moyé “could hear the case in the coming weeks”, which doesn’t tell us much. At some point, you begin to run up against statutory deadlines for the election calendar, so one way or another this will be concluded in a reasonably timely fashion. I’ll keep my eyes open for further updates.

Rep. Johnson files motion to dismiss Dallas County ballot lawsuit

Mar 20th, 2018
by Charles Kuffner.
Comments are off for this post

I wish him luck.

Rep. Eric Johnson

State Rep. Eric Johnson on Monday asked a judge to dismiss a lawsuit that would kick him and other Democrats off the November general election ballot.

The suit, brought by the Dallas County Republican Party, contends that the candidates are ineligible to be on the ballot because Carol Donovan, the chairperson of the Dallas County Democratic Party, didn’t physically “sign” or certify the petitions that were ultimately accepted by the Texas secretary of state’s office.

Johnson, an intervenor in the case against Donovan and the Dallas County Democratic Party, says the Texas law does not require Donovan to sign the petitions. In his suit, he contends the Texas Citizens Participation Act assures his place on the ballot, which is an exercise of free speech, protection against “meritless” or “retaliatory” lawsuits.

“This lawsuit is part of a disturbing pattern of the GOP finding problems where they do not exist, which have the effect, if not the intent, of keeping minority voters from electing the candidates of their choice,” said Johnson, D-Dallas. “I pray that the court will conclude the GOP’s completely baseless lawsuit should be dismissed, so I can turn my full attention back to serving my constituents.”

[…]

Before the case can be heard, a judge will consider whether state District Judge Eric Moye should preside over it. That hearing is set for March 26.

See here and here for the background, and here for a link to Rep. Johnson’s motion. The law the motion relies on is here, and I’ll leave it to the attorneys to assess the merits of the argument. I’ve read the motion and it’s fairly technical, but as far as I can tell it’s basically the same logic I heard people express when the suit was first filed. We’ll (eventually) see what the courts make of it.

More primary stuff

Mar 13th, 2018
by Charles Kuffner.
9 comments

I don’t have a canvass of the primary vote from the County Clerk yet – sometimes they send out a draft canvass on their own, or they send one to someone I know who shares it with me, and sometimes I have to ask. I’ll probably ask later this week if I don’t have one soon. Primary canvasses are less interesting than November canvasses for obvious reasons, but there are a few questions I have that the data may help me with.

State data is still being compiled as well, but if you want an interesting look at the data we have from early voting – which remember is only for the top fifteen counties by voter registration, then Austin political consultant Derek Ryan has you covered. See here and here for the breakdowns. If you saw any references to who was voting during the EV period, including here, it came from his work.

What I have done as we await more data is put together this spreadsheet that compares turnout in the 2014 and 2018 gubernatorial primaries, on a county by county basis, for both parties. I’ve sat on it for a couple of days because I couldn’t think of anything to say about it that was both sufficiently interesting and not obviously BS in terms of analysis. In the end, I figured I’d just share the spreadsheet and let people do what they want with it. There are tabs for the 2014 and 2018 results by county for Dem and GOP primaries, then there are summary tabs (Dem Sum, GOP Sum) that show the change in turnout from 2014 to 2018 – positive means 2018 was higher than 2014. The Overall Sum tab shows the Democratic share of the primary vote in each county per year. What that means is that in 2014, 40.03% of the votes cast in the gubernatorial primaries in Bexar County were in the Democratic primary, while in 2018 that figure was 54.69%. This is a way of showing how the turnout changed from county to county.

Another way of doing that is on the last tab, the Per County tab, where I sorted everything by voter registration population, so those top 15 counties are at the top. The numbers in the unlabeled columns are the sums of the Growth columns to that point. What that means is this: Turnout in the gubernatorial primaries increased by 406,335 for Democrats in the top 15 counties, and by 104,357 for Republicans in those counties. It increased by 33,472 for Dems in the next fifteen counties, and by 26,759 for Republicans. Finally, it increased by 23,868 for Democrats in all other counties, and by 98,131 for Republicans in all other counties. You can see why this contributed to the surprise many people had when the results for the full state came in and they seemed to differ from the top-15-centric early vote results.

Anyway, there’s that data. I may return to this kind of analysis for other things if I can think of an angle. If you have any questions, let me know.

Does primary turnout in a district predict the November result?

Mar 12th, 2018
by Charles Kuffner.
4 comments

Karl Rove would like you to think so.

At the House level, Democrats hope to win three districts won by Hillary Clinton and now held by Republican incumbents, as well as some of the six seats opened up by GOP retirements. Here again, the primary results are not heartening for Democrats.

In two Clinton-GOP congressional districts—the Seventh, in Houston, represented by Rep. John Culberson, and the 32nd, in Dallas, held by Rep. Pete Sessions—more Republicans voted than Democrats: 38,032 Republicans to 33,176 Democrats in the Seventh and 41,359 Republicans to 40,084 Democrats in the 32nd. Mrs. Clinton carried both districts by less than 2 percentage points in 2016.

Moreover, no Democrat won a majority in either district’s primary, forcing runoffs in May. In the Seventh, journalist Laura Moser —endorsed by the Bernie Sanders-connected “Our Revolution”—is pitted against Clinton loyalist and attorney Lizzie Pannill Fletcher. The Democratic Congressional Campaign Committee targeted Ms. Moser with an opposition-research dump arguing she was too liberal to win in the fall. The attack backfired: Ms. Moser was trailing Ms. Fletcher in early voting before the DCCC assault but won more votes among those who turned out on election day.

Democrats outvoted Republicans in a GOP-held seat that Mrs. Clinton carried by 3.4 percentage points—the massive 23rd Congressional District, which sweeps across West Texas. This year, after Democratic candidates spent a combined $1.1 million, 44,320 voted in their primary to 30,951 Republicans. Still, that is 5,000 more Republicans than voted in the 2014 primary, which launched Will Hurd into Congress. A former undercover CIA officer, Rep. Hurd is one of the GOP’s most effective campaigners. His “DQ Townhalls” at Dairy Queens across his largely Hispanic district helped him hold the district by 1.3 points in 2016 even as Mr. Trump lost by more than 3 points.

Democratic aspirations to take some of the six open Republican congressional districts also appear slim: Republicans turned out more voters in all six, with the GOP’s margins ranging from roughly 16,000 to 22,000 votes.

If we’re talking about CD23, I can tell you that the Democratic candidates have received more votes than the Republican candidates in each primary since 2012, which includes one year that Pete Gallego won and two years that Will Hurd won. As such, I’m not sure how predictive that is.

More to the point, I am always suspicious when a data point is presented in a vacuum as being indicative of something. We’ve had primary elections before. How often is it the case that the party who collects the most primry votes in a given race goes on to win that race in November? Putting it another way, if one party draws fewer votes in the primary, does that mean they can’t win in November? Let’s step into the wayback machine and visit some primaries to the past to see.


2004

CD17 - GOP            CD17 - Dem

McIntyre     10,681   Edwards      17,754
Snyder       11,568
Wohlgemuth   15,627

Total        37,876   Total        17,754

November result - Edwards 125,309  Wohlgemuth 116,049

HD134 - GOP           HD134 - Dem

Wong          4,927   Barclay         771
                      Daugherty     4,193

Total         4,927   Total         4,964

November result - Wong 36,021  Daugherty 29,806

HD137 - GOP           HD137 - Dem

Witt          1,291   Amadi           376
Zieben          970   Hochberg      1,012

Total         2,261   Total         1,388

November result - Hochberg 10,565  Witt 8,095

HD149 - GOP           HD149 - Dem

Heflin        2,526   Vo            1,800

November result - Vo 20,695  Heflin 20,662


2006

HD47 - GOP            HD47 - Dem

Welch         2,349   Bolton        1,569
Four others   3,743   Three others  2,071

Total         6,092   Total         3,640

November result - Bolton 26,975  Welch 24,447

HD50 - GOP            HD50 - Dem

Fleece        1,441   Strama        2,466
Wheeler         294
Zimmerman     1,344

Total         3,079   Total         2,466

November result - Strama 25,098  Fleece 13,681

HD107 - GOP           HD107 - Dem

Keffer        3,054   Smith           724
                      Vaught        1,169

Total         3,054   Total         1,893

November result - Vaught 16,254  Keffer 15,145

HD134 - GOP           HD134 - Dem

Wong          3,725   Cohen         2,196

November result - Cohen 25,219  Wong 20,005


2010

HD48 - GOP            HD48 - Dem

Neil          9,136   Howard        6,239

November result - Howard 25,023  Neil 25,011


2012

SD10 - GOP            SD10 - GOP

Cooper        6,709   Davis        17,230
Shelton      28,249

Total        34,958   Total        17,230

November result - Davis 147,103  Shelton 140,656

HD144 - GOP           HD144 - Dem

Pena          1,030   Perez         1,149
Pineda        1,437   Risner          462
                      Ybarra          591

Total         2,467   Total         2,022

November result - Perez 12,446  Pineda 10,885


2014

SD15 - GOP            SD15 - Dem

Hale         13,563   LaCroix       3,239
                      Whitmire      9,766

Total        13,563   Total        13,005

November result - Whitmire 74,192  Hale 48,249


2016

HD107 GOP             HD107 - Dem

Sheets       10,371   Neave         6,317

November result - Neave 27,922  Sheets 27,086

Some points to note here. One, I’m cherry-picking just as Rove had done. There were plenty of examples of one party outvoting the other in a given primary race, then winning that race in November. That’s why I don’t have an example to cite from 2008, for instance. It’s also why I concentrated on the legislative races, since outside of CD23 there haven’t been many competitive Congressional races. Two, as you can see most of the examples are from last decade. That’s largely a function of how brutally efficient the 2011 gerrymander was. Three, these are actual votes cast, not turnout, as that data doesn’t exist on the SOS page and I was not going to trawl through multiple county election sites for this. It could be in some of the closer examples that adding in the undervotes would have flipped which party led the way.

All that out of the way, as you can see there are plenty of examples of parties trailing the primary votes but winning when it mattered. In some cases, the March tallies weren’t close, like with SD10 in 2012. In some other cases, it was the November races that weren’t close, like HD50 in 2006 and SD15 in 2014. The point I would make here is simply that this doesn’t look like a reliable metric to me. If you want to make the case that these Congressional races will be tough for Democrats to win regardless of the atmosphere and the demographic trends and the relative level of enthusiasm in the two parties, I’d agree. The weight of the evidence says that despite the positive indicators for 2018, we’re still underdogs in these districts. Our odds are better than they’ve been, but that doesn’t mean they’re great. I don’t think you need to use questionable statistics to make that case.

One more thing to consider: There was an effort, mostly driven by educators, to show up in the Republican primary and vote against Dan Patrick. It didn’t work in the sense that he won easily, but some 367K people did vote against him. I’m sure some number of those people are reliable Republicans, but some of them were likely new to the primary process. This probably had an effect on overall Republican turnout. A small effect, to be sure, but if it’s a little more than half of the anti-Patrick vote then we’re talking about 200K people. Take them out of the pool and the Republicans are back down at 2014 turnout levels.

I have no idea how much this effect might be. It’s certainly small, and I doubt you could measure it without some polling. But we know it’s there, and so it’s worth keeping in mind.

Meanwhile, in Montgomery County

Mar 11th, 2018
by Charles Kuffner.
4 comments

There they go again.

The Republican primary defeat of embattled Montgomery County Judge Craig Doyal — and close contests in two county commissioner races headed for runoffs — could signal major leadership changes and a shift further to the right in the fast-growing Houston suburb.

State Rep. Mark Keough, who defeated Doyal, was among several candidates favored by the county’s influential tea party movement — and like-minded statewide groups — who fared well Tuesday. Others in this cohort include Steve Toth, who overwhelmingly won the Republican nomination for the legislative seat that Keough is vacating, and Greg Parker, who got 43 percent of the vote in a three-person race and forced County Commissioner Charlie Riley, with 43.5 percent, into a primary runoff.

Toth and Parker have staked out positions aligned with the most far-right elements of their party. Parker’s campaign website says he wrote a book described as “a critical look at the myth and liberal hysteria surrounding climate change.” Toth, who was instrumental in the formation of the county’s tea party movement, has advocated eliminating property appraisal districts and freezing appraisals at the purchase price of a home.

[…]

Political observers agreed that toll roads emerged as a dominant issue in the county, where tea party groups carry a lot of clout, particularly in The Woodlands. Texas lawmakers have gone from championing to criticizing toll roads, a shift that some Houston-area leaders worry has gone too far and could limit coming projects.

“Without toll roads and that funding, I don’t know what we are going to do,” Doyal said late last year, citing the need for new roadways in rapidly growing parts of the Houston area.

Keough took a hard stance against toll roads.

“I think toll roads are another form of taxation,” Keough said last December. “I’m out on toll roads. Toll roads are about a bigger issue; it’s about big government.”

Doyal was embattled for a reason, and I’m sure that had something to do with it. I figure as long as the developers are able to keep building things life will go on more or less as normal up there. I mean, at some point they’re going to need to come up with a politically acceptable way to pay for the roads they want to build, but that’s their problem.

I confess, I don’t quite get the diatribe against toll roads. The whole idea with toll roads is that you only pay for them if you use them. Everyone pays gas taxes, whether they use the roads that get built with them or not. Which is fine by me, of course, but I’m one of those big-gubmint-loving-liberal types. If gas taxes, floating bonds, and toll roads are all off the table, what’s left? Perhaps Montgomery County will show us.

(Just a reminder, there is a choice if you think all of this is messed up.)

Endorsement watch: Not Dan Patrick

Mar 9th, 2018
by Charles Kuffner.
4 comments

Scott Milder, who was defeated by Dan Patrick in the Republican primary, endorses Mike Collier for the general election.

Scott Milder

Scott Milder, who lost his Republican primary challenge to incumbent Lt. Gov. Dan Patrick two days ago, says he will vote for the Democrat running against Patrick in November to curb “irrational, out-of-touch politics.”

In a Facebook post that he characterized not as a concession, “but rather an absolute victory speech,”, Milder — a longtime Republican and and well-known public education advocate — said he plans to vote “for Republican candidates in every race with one exception.

“I cannot on good conscience vote for a man who I know to be a liar, nor can I vote for a man who willfully ignores and disrespects his legislative colleagues and his constituents,” Milder said in the post. “I will be casting my vote for Mike Collier, the rational Democratic nominee for lieutenant governor, and will strongly encourage all Texans who voted for me in this race to cast their votes for Mr. Collier as well.”

[…]

Coillier told the Houston Chronicle on Thursday that he appreciates Milder’s support, after a campaign in which they agreed on many of the issues including opposition to school vouchers. He said Milder may even campaign with him in coming weeks.

“It doesn’t happen very often that a Republican endorses a Democrat, but public education groups recruited (Milder) to run against Patrick and he and I viewed proper funding of public education as very important,” said Collier, a retired Kingwood CPA and business executive.

“I’ve already had a fair number of moderate Republican donors (to Milder’s campaign) who have called and said they want to join me.”

You can read Milder’s statement here. Patrick beat him pretty handily, but Milder still got 367K votes. If his words carry weight with his supporters, that could move things a bit. I mean, I don’t expect too much from this, even if Milder does help Collier campaign. I doubt that many people will even hear about this, but to the extent that they do, this can’t hurt.

2018 primary results: Statewide

Mar 7th, 2018
by Charles Kuffner.
5 comments

Rep. Beto O’Rourke

Statewide Dem totals
Statewide GOP totals

Harris County Dem totals
Harris County GOP totals

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

No real surprises here. Lupe Valdez and Andrew White will fight it out in the runoff. They combined for about 70% of the vote. Beto O’Rourke was a bit over 60% on his way to the Senate nomination. To be honest, I thought he’d score higher than that, but whatever. Statewide primaries are hard.

Miguel Suazo was near 70% for Land Commissioner, and Roman McAllen was near 60% for Railroad Commissioner. Mike Collier was leading by about seven points for Lt. Governor. The closest race was for Comptroller, where Joi Chevalier had a tiny lead over Tim Mahoney.

On the Republican side, Greg Abbott (90%), Ted Cruz (85%), Dan Patrick (75%), and Railroad Commissioner Christi Craddick (75%), who I didn’t even realize had an opponent, all cruised. Baby Bush and Sid Miller were in the high 50’s and so also on their way to renomination. That means the only statewide runoff will be for the Democratic gubernatorial race.

One note on turnout: In 2014, there were 554,014 total votes cast in the Democratic primary for Governor. The early vote tally for the Dem gubernatorial primary was 555,002. So yeah, turnout was up. Republicans will probably have 30-40% more total turnout statewide, but I fully expect Dems to top one million at this point.

2018 primary results: Congress

Mar 7th, 2018
by Charles Kuffner.
3 comments

Sen. Sylvia Garcia

Statewide Dem totals
Statewide GOP totals

Harris County Dem totals
Harris County GOP totals

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

Barring anything strange, Texas will have its first two Latina members of Congress, as Sylvia Garcia (CD29) and Veronica Escobar (CD16) were both over 60%. I for one approve of both of these results. Now we can have that important debate about whether one of them is officially the “first” Latina or if they both get to share that designation; I lean towards the latter, as you know, and it appears that the Trib is with me as well. Maybe this will be a short debate. In any event, my congratulations to both women.

Veronica Escobar

Todd Litton was over 50% in CD02 with about a third of the precincts in. Lizzie Fletcher and Laura Moser were headed towards the runoff in CD07 with just under half of the precincts reporting; Jason Westin was within about 850 votes of Moser, but he was losing ground. I will note that Fletcher, who led Moser by about seven points overall, led her in absentee ballots by 36-18, in early in person votes by 30-23 (nearly identical to the overall tally), and on E-Day 28-27. Maybe that’s the DCCC effect, maybe Fletcher has earlier-by-nature voters, and maybe it’s just one of those random and meaningless things.

Other Dem Congressional results of interest:

– Gina Ortiz Jones was at 40% in CD23, so she will face someone in the runoff. Judy Canales and Rick Trevino was neck and neck for second, with Jay Hulings trailing them both by about two points.

– Colin Allred was also around 40%, in the CD32 race. Lillian Salerno, Brett Shipp, and Ed Meier were competing for runnerup, in that order.

– Joseph Kopser and Mary Wilson were right around 30% for CD21, with Derrick Crowe just under 23%.

– Jana Sanchez and Ruby Faye Woolridge were both around 37% in CD06.

– MJ Hegar and Christine Eady Mann were well ahead in CD31.

– Jan Powell (53% in CD24) avoided a runoff. Lorie Burch (49% plus in CD03) just missed avoiding one.

– Sri Kulkarni was at 32% in CD22, with Letitia Plummer and Steve Brown both around 22%. In CD10, Mike Siegel was up around 43%, while Tawana Cadien, Tami Walker, and Madeline Eden were in the running for the second slot.

– Dayna Steele was winning in CD36 handily. This is one of those results that makes me happy.

– On the Republican side, Lance Gooden and Bunni Pounds led in CD05, Ron Wright and Jake Ellzey led in CD06, Michael Cloud and Bech Bruun were the top two in CD27. I have only a vague idea who some of these people are. Ted Cruz minion Chip Roy led in the CD21 clusterbubble, with Matt McCall and William Negley both having a shot at second place. Finally, Kevin Roberts was leading in CD02, and while Kathaleen Wall had the early advantage for runnerup, Dan Crenshaw was making a late push, leading the field on E-Day. Dear sweet baby Jesus, please spare us from two more months of Kathaleen Wall’s soul-sucking TV ads. Thank you.

– I would be remiss if I did not note that Pounds has a decent shot at being the third woman elected to Congress from Texas this year; if she prevails in the CD05 runoff, she’ll be as in as Garcia and Escobar are. Wall’s path to that destination is a bit cloudier now, but unless Crenshaw catches her she still has a shot at it.

– Some of these results were changing as I was drafting this. Like I said, I’ll likely have some cleanup to do for tomorrow. Check those links at the top of the post.

2018 primary results: Legislative

Mar 7th, 2018
by Charles Kuffner.
1 comment

Rep. Sarah Davis

Statewide Dem totals
Statewide GOP totals

Harris County Dem totals
Harris County GOP totals

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

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

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

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

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

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

2018 primary results: Harris County

Mar 7th, 2018
by Charles Kuffner.
4 comments

Statewide Dem totals
Statewide GOP totals

Harris County Dem totals
Harris County GOP totals

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

Short and sweet, because it’s late and I’m tired:

– Marilyn Burgess fell just short of 50% for District Clerk. She will face Rozzy Shorter in May.

– Diane Trautman and Gayle Mitchell will run off for County Clerk.

– Dylan Osborne and Cosme Garcia were the top two finishers for County Treasurer.

– Richard Cantu led for HCDE Position 3 At Large, with Josh Wallenstein just ahead of Elvonte Patton. In a very tight race, Danny Norris was ahead of Prince Bryant by a nose for HCDE Position 6, Precinct 1, with John Miller farther back. There were only a few precincts out as I wrote this, but things were close enough that the standings could change.

– Adrian Garcia and Penny Shaw will be the nominees for County Commissioner in Precincts 2 and 4, respectively.

– Lucia Bates toppled Don Coffey for JP in Precinct 3. Sharon Burney and Cheryl Elliott Thornton will compete for JP in Precinct 7.

– There were only a couple of races of interest on the R side. Josh Flynn won the nomination for HCDE Trustee in Place 4, Precinct 3. Current HCDE Trustee and total chucklehead Michael Wolfe will face Jeff Williams for JP in Precinct 5. Paul Simpson held on as party chair.

– Dem turnout was 160,085 with about fifty precincts left to report. Republican turnout was 148,857 with 85 precincts still out.

Primary Day 2018

Mar 6th, 2018
by Charles Kuffner.
Comments are off for this post

From the inbox:

The Harris County Clerk’s Office wants voters to know the top 5 items they need to know to ensure they are able to cast their ballot in the March 6, 2018 Democratic or Republican Primary Election.

According to Harris County Clerk Stan Stanart, the chief election officer of the County, voters need to know the following before heading to the polls on Tuesday:

Voters should know if they are registered to vote in Harris County.  In Texas, voters must be registered to vote 30 days before Election Day. To verify registration, voters may visit www.HarrisVotes.com.

Voters should know the Primary election in which they want to participate:  There are two elections taking place at the same time, the Democratic Primary Election and the Republican Primary Election. Voters may only vote in one of the elections.

Voters should know the designated Election Day polling location for their precinct:  On Election Day, all voters must vote at their designated Election Day poll for the precinct where they are registered.  Voters may find their designated polling location by visiting www.HarrisVotes.com and clicking on the “Find Your Poll and View Voter Specific Ballot” link on the front page. By entering their name or address, the search page will show them the polling locations for both the Democratic and Republican Parties.  Remember, voters may only vote in one of the elections.

Voter should know what is on their ballot:  Voters may view a sample ballot at www.HarrisVotes.com listing the contests and candidates that will appear on their actual ballot.  Voters may print their sample ballot, mark it and take it to the poll for reference, as long as the sample ballot is not visible to other voters.

Voters should know the forms of identification which is required to vote at the poll:  Voters possessing one of the acceptable forms of photo identification must present it when voting in person.  Voters who do not possess and cannot reasonably obtain an acceptable form of photo identification may complete a Reasonable Impediment Declaration at the poll describing a reasonable impediment to obtaining photo identification, and then show other acceptable form of identification.  A list of the acceptable forms of identification to vote can be found at www.HarrisVotes.com.

Primary elections are conducted by the major political parties to determine their nominees for Federal, State and County offices in advance of a general election.  Each party determines the number of polling locations available to voters on Election Day, where the polls are located and the staffing for those polls.  Election Day polling locations are open from 7 am to 7 pm.

To find more Election Day voting information, view a personal sample ballot, or review a list of acceptable forms of identification to vote at the polls, voters may visit www.HarrisVotes.com or call the Harris County Clerk’s office at 713.755.6965.

You can find your polling place here. If you know you precinct, the list of Dem locations is here, and of Republican locations is here. For my Woodland Heights peeps, note that Rs are voting at Hogg and Ds are at the First Baptist Church Heights Fellowship Hall across from Harvard Elementary. Check your polling location before you head out. I’ll have results tomorrow and beyond. Happy voting!

Early voting in the “next” 15 counties

Mar 5th, 2018
by Charles Kuffner.
1 comment

As you know, there’s been a lot written about primary turnout in the top 15 counties by voter registration in Texas. Much has been said about the large increase in Democratic turnout, accompanied by the much milder increase – and in some counties, decrease – in Republican turnout when compared to 2014 and 2010. This is great, but Texas has 254 counties, and there are a lot of decent-sized metro areas that are not represented in the coverage we’ve seen, Moreover, while the top 15 counties include many blue and purplish counties, the next 15 are much more tilted to the red side. Here, by my reckoning, are those counties:

Bell (Killeen/Temple/Belton)
Lubbock
Jefferson (Beaumont)
McLennan (Waco)
Smith (Tyler)
Webb (Laredo)
Hays (San Marcos)
Brazos (Bryan/College Station)
Ellis (Waxahachie)
Guadalupe (Seguin)
Comal (New Braunfels)
Johnson (Cleburne)
Parker (Weatherford)
Randall (Amarillo)
Midland

Webb is strong Democratic; Hays and Jefferson are quasi-Democratic; the rest are varying shades of red. I wanted to know how voting was going in these counties, so off to Google I went. The best story I found in my searches came from Smith County:

Early voting ticked up among Smith County voters for the March primary, and about half of the increase came from people casting ballots for Democrats.

A total of 12,926 early ballots were cast in Smith County, according to the county’s elections division. By party, there were 10,994 ballots cast for Republicans and 1,932 cast for Democrats.

Overall, the numbers represent a 9.5 percent increase in early voting overall as compared with 2014, the last time there was a primary election for local and statewide offices but no candidate for president.

By party, the 2018 early voting numbers represent a 5.6 percent increase for Republicans, who cast 10,409 early ballots in 2014, and a 38.5 percent increase for Democrats, who cast 1,395 early ballots in 2014.

Early voting lasted approximately two weeks, from Feb. 20 through Friday. Polling places were open in five locations in Tyler, Lindale, Whitehouse and Noonday. The primary election is Tuesday.

Mark Owens, a political science professor at the University of Texas at Tyler, said much of the increase in early voters in 2018 could be attributed to an increasing population in Smith County.

The number of registered voters in Smith County is 131,007 in the 2018 primary, a 5.8 percent increase over the 123,867 registered voters at the time of the 2014 primary, according to Owens.

Owens called the early voting turnout “just on par for a growing area.” However, he credited Democrats for having an impact on the increase in early voters in conservative Smith County.

In raw numbers, 1,122 more Smith County residents voted in 2018 over 2014. Republicans accounted for 585 of those ballots, and Democrats accounted for 537 of them.

“To the Democrats’ credit, the voter mobilization efforts are stronger in the fact that this isn’t a primary with as many leading elections at the top of the ticket, so they would see it, from their perspective, of people wanting to vote for (their candidates),” Owens said.

“A really big part of it is candidates coming out to East Texas to listen and encouraging people to go vote,” Owens said. “I think if you look at the numbers, that means something to people.”

I’d call that encouraging. Dems are still vastly outnumbered, but they showed up and increased their totals over 2014. Indeed, the total number of votes cast in the Democratic primary in 2014 was 2,328, so early voting turnout there came close to matching that by itself.

That’s about as good as it gets in terms of being specific. This Lubbock story is pretty representative:

Heading into the last day of early voting for the 2018 primaries, the Associated Press reported that Texas had already set a non-presidential cycle record for the number of people turning out. Before Friday, more than 583,000 Texans in the 15 largest counties had cast early ballots in person, which was already more than the then-record of nearly 510,000 who did so during early voting for 2014′s midterm election.

In Lubbock County there were 15,430 total ballots cast during the 11 days of early voting. That means about 9 percent of registered voters took advantage of the early voting period.

About 400 more votes in Lubbock county were actually cast this year than during early voting in 2014, the last midterm election. This year’s total is about 8,700 votes less than in 2010. During the last primary in 2016, more than 25,000 votes were cast in early voting.

[…]

The Lubbock County Elections Office hasn’t yet released the separate vote totals for the Republican and Democratic primaries.

Some of these places make you downright wistful for Stan Stanart. Here’s Hays County:

As of Feb. 26, 4,658 early votes have been accounted for at seven different locations spread across the county. This does not account for the nearly 2,000 votes submitted to the county by mail.

In total, around 6,600 have been counted for, shattering the numbers from previous election cycles in 2014 and 2016.

According to Hays County numbers, roughly 4,500 people voted early in the November Presidential 2016 election, while only 1,768 early votes were counted in November 2014 race.

“We’ve had a very high turnout considering the political season we are in,” said Jennifer Anderson, elections administrator for Hays County. “Democratic turnout has been good and that is to be expected considering the national swing we had with the Presidential election.”

[…]

So far, roughly 53 percent of the early voting population voted in the Republican Primary, while 46 percent of the early votes took part in the Democratic Primary.

At least that’s something to go on. In 2014, 8,521 votes were cast in the Republican primary for Governor (this isn’t the same as turnout, since people do undervote in individual races, but I can’t get to the Hays County elections page as I write this, so it will have to do), compared to 3,131 votes in the Dem primary for Governor. If the split this year is something like 53-46, then the Dem share is up by a lot. That’s very good to see.

From Comal County:

Registered voters in Comal and Guadalupe counties have their last chance to cast early ballots today for candidates competing in Tuesday’s Republican and Democratic primary elections.

Voters in both counties flocked to the polls during the 12-day early voting period, which began Feb. 20. Through last Tuesday, 5,654 Comal County residents — about 6 percent of the county’s 95,353 registered voters — had cast early ballots, running ahead of the number and percentage of registered voters who turned out in the 2014 midterm elections.

The rest is behind a paywall. Comal is deep red – think Montgomery County-deep red – so this will be worth watching. In 2014, there were 14,458 Republican primary gubernatorial votes, and 1,647 Democratic votes, so you can see what I mean. Neighboring Guadalupe County has a bit more detail:

Guadalupe County Elections Administrator Lisa Adam said area residents have slowly begun increasing their presence at the polls.

“Our numbers this week have already been higher than in the 2014 gubernatorial primary,” she said. “The first week’s numbers for this year were a little lower than they were in 2014. This week we are actually ahead than the second week of early voting in 2014; not by leaps and bounds, but we are ahead.”

[…]

“In the 2014 primary, we had 81,217 registered voters,” she said. “Right now, as of Feb. 1 we have 95,717. We’ve come a long way. We’re adding 300 to 400 registered voters a month. The growth our county is experiencing is incredible.”

In that election cycle, the county saw 14.2 percent of the voting population turn out for the Republican Primary and 2.1 percent for the Democratic Primary, Adam said.

1,688 Dem gubernatorial primary votes, 11,196 Republican. Again, there’s lots of room to grow here.

Brazos County:

Early voting before the March 6 primaries wrapped up Friday with 5,933 Brazos County voters casting ballots.

Most of those, 4,144, came from Republicans, and 1,789 Democrats voted early. The total for the two-week early voting period was helped by a push of 1,467 voters Friday. There are about 105,000 registered voters in the county.

That’s burying the lede here. In the 2014 gubernatorial primary there were 1,927 total Dem votes, and 10,665 total Rep votes. In other words, Dems are way up. Republicans, not so much.

For McLennan County, I turn to my friend Carmen Saenz:

Final numbers for 2018 early voting in McLennan County primary:
Dems: 3054 – 28% of total
GOP: 7778 – 72% of total

Relative to 2014 early voting in the McLennan County primary:
Dems 1085 – 18% of total
GOP 4940 – 82% of total

Although there is a 181.5% increase in the number of Dems voting and only a 57.5% increase in GOP, with an overall increase of 80% these numbers say a lot about the McLennan County Democratic Party.

In a lot of the counties, we’ve seen Dem numbers up a lot with Republican numbers not up much if at all. Both are up here, which makes McLennan a bit of an outlier.

The city of Amarillo is in both Randall and Potter counties. I didn’t find a good story for Randall County, but I did find this for Potter:

In Potter County, there have been 4,940 votes in-person and mail-in since Feb 27. That number is expected to increase by seven tonight, at the end of early voting.

In the 2016 Presidential Primaries, there were 5,284 early votes cast in Potter County.
Breaking down the numbers even further, 4,128 Republicans cast their vote in Potter County, during early voting.

That has surpassed the numbers from the 2016 election, which topped out at 4,031 votes. The Democrats have cast 821 votes, slightly less than 2016 early voting at 988.

That’s 2016. If you look at 2014, there were 810 total votes cast in the Democratic gubernatorial primary. So yeah, it’s up.

Last but not least, Midland County:

The elections offices in Midland and Ector County has seen a dip in voter turnout this early voting season.

As of Friday afternoon in Ector County, election officials counted 5,300 voters.

There are over 74,000 registered voters in Ector County.

[…]

As of Friday morning in Midland County, the total number ballots counted was a little over 6,200.

There are over 81,000 registered voters in Midland County.

2014 gubernatorial primaries:

Ector County – 1,320 Dems, 7,778 Republicans
Midland County – 960 Dems, 12,640 Republicans

If there’s a downward trend in these places, it’s probably not because of the Dems.

I’ll return to this later in the week. For now, this is where we stand.

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