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Ron Nirenberg

May runoff results

With 303 of 474 precincts reporting, State Rep. Eric Johnson was leading in the runoff for Dallas Mayor over Scott Griggs, 57% to 43%. At the time I started writing this I didn’t see any news coverage declaring the race to be over, but it sure looks to me like Johnson is going to win. So congratulations to (I presume) Mayor-elect Eric Johnson. You know what this means: There will be another special legislative election, which I would bet will be in November. Johnson’s HD100 is solid Dem so a flip is not in play, but expect there to be a big field.

On a side note here, Johnson knocked off longtime Rep. Terri Hodge (who would soon after be convicted of federal tax fraud charges) in 2010. He’s always struck me as someone who had his sights on bigger things. Having just achieved one of those bigger things, look for him to start getting mentioned in future conversations about statewide candidacy. I could definitely see him taking aim at Dan Patrick in 2022, or Ted Cruz in 2024. Just something to keep in mind.

In San Antonio, Mayor Ron Nirenberg held on.

Incumbent Ron Nirenberg retained his position as San Antonio’s Mayor after defeating Councilman Greg Brockhouse (D6) in the runoff election on Saturday.

Brockhouse officially conceded at 9:12 p.m.

With 96.98 percent of precincts counted, Nirenberg held 51.07 percent of the vote to Brockhouse’s 48.93 percent.

Nirenberg opened the night with a slight lead in early voting, which tightened as more precincts were counted. The margin was just 1.44 points with 78 percent of the precincts voting before a late surge gave Nirenberg the victory.

“I’ve never worked harder in my life to make sure that this city was well represented than over the last two years, but certainly over the last month where we had to remind folks that we can be a city for everyone,” Nirenberg said.

Unofficial results are here. Brockhouse, who among other things was a shill for Chick-fil-A, went on to whine about how The Media Was Out To Get Him. I’m sure you can hear my eyes roll at this, but it did lead to my favorite tweet of the evening:

Every once in awhile, Twitter proves itself worthy of existence.

Finally, I’m sad to say that Nabila Mansoor failed to win her runoff in Sugar Land. She trailed by almost 600 votes early and closed the gap a bit on Election Day, but it wasn’t nearly enough.

UPDATE: Here’s a Trib story on the two Mayoral runoffs.

Paxton sues San Antonio over Chick-fil-A records

We really do live in strange times.

Best mugshot ever

It’s a red-meat issue, but it feeds on chicken.

San Antonio’s decision to exclude Chick-fil-A from its airport continues to resound in political circles. Legislators passed a religious freedom bill that gained steam after it was rebranded as the ‘Save Chick-fil-A bill.’ Gov. Greg Abbott beamed over its success on Twitter.

And Attorney General Ken Paxton, declining to wait for his own department to rule on a public records request, on Monday filed suit against the city to force it to hand over records he wants for his office’s investigation.

[…]

According to the suit filed in Travis County district court on Monday, Paxton’s office requested records on April 11 — including calendars, communications and records of meetings among City Council members, city employees and third parties — related to the city’s decision to remove the restaurant from its airport concessions contract. Paxton’s suit seeks to compel the city to release the records.

“The City of San Antonio claims that it can hide documents because it anticipates being sued,” Paxton said in a statement. “But we’ve simply opened an investigation using the Public Information Act. If a mere investigation is enough to excuse the City of San Antonio from its obligation to be transparent with the people of Texas, then the Public Information Act is a dead letter.”

Nirenberg said in a statement Monday that the city had asked Paxton for clarification on the request but never received a response.

“The fact that he went straight to filing a lawsuit instead of simply answering our questions proves this is all staged political theater,” Nirenberg said.

The deputy city attorney, Edward Guzman, responded to Paxton’s request April 24 saying the city was seeking to withhold some records based on 63 exceptions to the state’s public information act, according to the suit. In a May 2 letter, the city also argued the information is exempt because of litigation that was likely to come from Paxton.

State law exempts the release of information related to “pending or reasonably anticipated” litigation.

San Antonio City Attorney Andy Segovia said in a statement Monday that the city provided nearly 250 pages of documents for review by the Attorney General’s Open Records Division and is still waiting for a decision.

Segovia said the city will comply with any Open Records Division ruling. He also shed doubt on the motivation behind Paxton’s investigation.

“The State Attorney General’s office has not specified the legislative authority they are relying on to investigate the airport contract,” Segovia said. “Furthermore, it is clear from the strident comments in his press release that any ‘investigation’ would be a pretense to justify his own conclusions.”

See here, here, and here for some background. Any resemblance of the arguments in this case to those in the dispute between Paxton’s office and the House Oversight Committee are, I’m sure, totally coincidental. Whatever else happens in this ridiculous case, the Chick-fil-A follies have provided the wingnuts with the grievance they needed to get their “religious liberties” bill through the Lege, so in that sense Paxton et al have already won. The Rivard Report has more.

May 4 election results

The hottest race was in San Antonio.

With more than 81 percent of the precincts counted, Mayor Ron Nirenberg took a nearly 3-point lead against Councilman Greg Brockhouse, but it likely won’t be enough to avoid a runoff to determine San Antonio’s next mayor.

Nirenberg, who led by two points following early voting pushed his lead to 48.42 percent with Brockhouse garnering 45.82 percent. However, a winning candidate would need to cross the 50 percent threshold to secure victory.

If neither candidate secures more than 50 percent of the vote, a runoff will be held next month.

“Did any of you think it was going to be easy?” Nirenberg said Saturday night to a group of supporters, volunteers and staff assembled at Augie’s. “We’re in for a long night. But guess what, this long night’s because this city deserves it. We will wait here and we will grind away at the progress earning every single vote and rechecked in the politics of division until we walk away winners. Because that’s what this city deserves. This is a city for all.

“This is about the future of San Antonio, it’s not just about one election. And we’re going to win, because this city needs to sustain progress.”

Here are the results. Nirenberg increased his lead over the course of Election Day and was up by a bit more than 3,000 votes. The runoff between the progressive Nirenberg and the not-progressive Brockhouse will be contentious, and important.

In Dallas, State Rep. Eric Johnson led the big field for Mayor.

With 149 of 529 precincts reporting, State Rep. Eric Johnson has 21 percent of the vote, Dallas City Councilman Scott Griggs has 17 percent, Lynn McBee has 15 percent, Mike Ablon has 13 percent and Regina Montoya and Miguel Solis have 10 percent.

Nine candidates ran for the open seat.

Mayor Mike Rawlings could not run again due to term limits.

Since no candidate got more than 50 percent of the votes, there will be a runoff between the top two candidates.

That runoff will happen on Saturday, June 8.

Those results are here, and they are more or less the same with 317 of 528 precincts reporting. Johnson is in his fifth term in the Lege and if he wins the runoff he’d vacate his seat, thus causing the fourth legislative special election of the cycle. In this case, it would be after the legislative session, so unless the Lege goes into overtime there would be no absence in Austin.

Elsewhere, Fort Worth Mayor Betsy Price won again, holding off former Tarrant County Democratic Party Chair Deborah Peoples; those results are here. In races I was following, Nabila Mansoor was headed for a runoff in Sugar Land, collecting 34.22% of the vote to Naushad Kermally’s 39.16%. Steve Halvorson fell short again in Pasadena. The three Pearland ISD candidates also lost.

Congratulations to all the winners, and we’ll look to the runoffs in June.

No backsies for Chick-fil-A in San Antonio

Since I mentioned there would be a re-vote, I figured you’d want to know how it went.

By a 6-5 margin, San Antonio’s City Council on Thursday narrowly rejected a proposal from mayoral contender Greg Brockhouse to revisit a controversial decision last month to remove Chick-fil-A from an airport contract because of its “legacy of anti-LGBTQ behavior.”

Brockhouse forced the issue by using a procedural move under Robert’s Rules of Order to revive the Chick-fil-A debate. With dozens of supporters standing in the council chambers, Brockhouse proposed revisiting the Chick-fil-A decision at the next meeting.

“I consider this opportunity today to be a defining moment for this council,” Brockhouse said in introducing the proposal, which he first broached last week.

All the members who voted against the contract last month voted in favor of Brockhouse’s effort, save one: Councilman Art Hall. He said once the council makes a decision, it should stick to it, swinging the vote.

Councilwoman Rebecca Viagran, who abstained from the first vote, approved Brockhouse’s effort, as did Councilman Manny Pelaez, who said he regretted his original comments about Chick-fil-A’s record.

Nirenberg, who has framed the issue in business terms, said before the vote that no business operating within the law is barred from operating in San Antonio. He proposed having a discussion about the city’s contracting process to ensure it operates under the full compliance of local, state and federal laws.

See here and here for the background. And now you have something else to think about this weekend, since I’m sure we could all use a change of topic by now. The Rivard Report has more.

Chick-fil-A follies

I have three things to say about this.

Best mugshot ever

Texas Attorney General Ken Paxton is investigating the city of San Antonio for potential First Amendment violations after the City Council voted to prevent Chick-fil-A — a franchise known for opposing same-sex marriage — from opening a location in the city’s airport.

“The Constitution’s protection of religious liberty is somehow even better than Chick-fil-A’s chicken,” Paxton, a Republican, wrote in a Thursday letter to San Antonio Mayor Ron Nirenberg and the rest of the council. “Unfortunately, I have serious concerns that both are under assault at the San Antonio airport.”

In a 6-4 vote, the council voted last week to keep the franchise from opening at the San Antonio International Airport. The decision quickly drew national headlines and condemnations from conservatives across the country.

Chick-Fil-A, a national franchise with locations throughout Texas, is known for its leaders’ staunch Christian views and close ties to groups that worked to prevent the legalization of same-sex marriage. Its corporate purpose is “to glorify God by being a faithful steward of all that is entrusted to us and to have a positive influence on all who come into contact with Chick-fil-A.” It is, famously, “closed on Sundays.”

Paxton, a Christian conservative who has long billed himself as a crusader for religious liberty, has also asked U.S. Department of Transportation Secretary Elaine Chao to open an investigation into the city’s actions. Paxton said in a news release Thursday that federal regulations governing grant money that flows to the San Antonio airport prohibit discrimination.

1. If we must accept that corporations can have “religious beliefs” – I don’t, but SCOTUS has imposed it on us, so here we are – then we ought to be able to criticize those beliefs. Governments make policy decisions all the time based on who they do and don’t want to do business with (see, for example, the state of Texas picking a side in the Israel/West Bank conflict), for reasons one may or may not approve of. Often, these decisions are made in response to feedback from constituents. It’s a tool that activists have in their toolbox for holding corporations accountable for their actions. It’s messy and often contradictory, but it’s long been a part of the democratic process. I don’t think letting corporate “religious beliefs” serve as a get-out-of-consequences-free card is a good idea.

2. All that aside, isn’t the fact that Chick-fil-A closes on Sunday a factor here? Surely the city of San Antonio would like to have a full range of dining options for those who pass through its airport, as they can’t just go somewhere else if their needs aren’t being met. If the choice is between a restaurant that’s open seven days a week, and a restaurant that’s open six days a week, you’d think the former would be preferred.

3. San Antonio isn’t the only city cordially dis-inviting Chick-fil-A from its airport. However you feel about this issue, it’s not going away.

No GOP convention for San Antonio

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

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.

Dan Patrick wants SAPD Chief arrested

Bring it on.

Texas Lt. Gov. Dan Patrick on Wednesday asked the state’s attorney general to determine if the chief of the San Antonio Police Department violated the state’s immigration-enforcement law during a human smuggling incident.

Late last month, San Antonio Police Chief William McManus said officers arrested the driver of a tractor-trailer after a passerby saw people being unloaded from the vehicle and flagged down a police unit, the San Antonio Express-News reported.

Officers charged Herbert Nichols, 58, under a state statute that makes knowingly transporting persons in the country illegally a crime, instead of turning the case over to federal agents with Immigration and Customs Enforcement. The immigrants were interviewed and released to a Catholic charity.

During a subsequent news conference, McManus said it could have been a state or federal charge but that he chose to go with the state charge because officers were waiting to see how to move forward.

In a letter, Patrick asked Attorney General Ken Paxton to investigate whether the department violated any portion of the state’s Senate Bill 4, a controversial and sweeping immigration enforcement bill passed by the Texas Legislature last year.

“I am very troubled by the recent news reports of the San Antonio police chief releasing suspected illegal immigrants in a case of human trafficking or human smuggling without proper investigation, identification of witnesses, or cooperation with federal authorities,” Patrick wrote. “Such action could be in direct violation of the recently passed Senate Bill 4 and threatens the safety of citizens and law enforcement.”

It’s unclear exactly which provision of the SB 4 Patrick alleges McManus violated. As passed, SB 4 allows local law enforcement officers to question the immigration status of people they detain or arrest and punishes local government department heads and elected officials who don’t cooperate with federal immigration “detainers” — requests by agents to turn over immigrants subject to possible deportation — in the form of jail time and fines.

Chief McManus, backed by San Antonio Mayor Ron Nirenberg, strongly disputes Patrick’s allegation. I kind of doubt Danno cares about the details. He’s looking to send a message. Keep an eye on this. The Current has more.

Abbott versus the cities

The continuing story.

If Gov. Greg Abbott has disdain for how local Texas officials govern their cities, it didn’t show in a Wednesday sit-down with three mayors who were among 18 who jointly requested a meeting to discuss legislation that aims to limit or override several municipal powers.

“Whether we changed anybody’s mind or not, you never know,” said Galveston Mayor Jim Yarbrough. “But I will say it was a healthy conversation.”

What also remained to be seen Wednesday: whether Abbott plans to meet with mayors from the state’s five largest cities — who were also among those who requested to meet with the governor. So far, Abbott hasn’t responded to the requests from the mayors of Austin, Dallas, Fort Worth, Houston and San Antonio.

[…]

Houston Mayor Sylvester Turner said at a press conference Wednesday that when he was a member of the Texas House, Republican lawmakers repeatedly complained about government growing and overstepping its bounds.

“And now we find that the state government is really reaching down and telling local governments what they can or cannot do and pretty much trying to treat all cities as if we are all the same,” Turner said.

During invited testimony to the House Urban Affairs committee on Tuesday, several city officials and at least one lawmaker denounced what they said were overreaching and undemocratic attempts to subvert local governance.

“If people don’t like what you’re doing, then there are things called elections. I don’t see it as our job to overreach and try to govern your city,” said State Rep. Carol Alvarado, D-Houston.

San Antonio Mayor Ron Nirenberg testified that it felt like the state was waging a war on Texas cities.

“The fundamental truth about the whole debate over local control is that taking authority away from cities — preventing us from carrying out the wishes of our constituents — is subverting the will of the voter,” Nirenberg said.

At Wednesday’s meeting with Abbott, Yarbrough said he and his counterparts from Corpus Christi and San Marcos told the governor that local officials have a better finger on the pulse of city residents’ expectations and demands.

“We wanted to make sure we preserved the ability for local municipalities to be able to adjust and react to the needs of their community,” he said.

See here for some background. It’s mighty nice of Abbott to take a few minutes out of his busy schedule of threatening legislators to meet with these concerned constituents, but they shouldn’t have had to take time out of their busy schedules to try to persuade the Governor to leave over a century of accepted governance in place and butt out of their business. And not for nothing, but the cities whose Mayors Abbott has been ignoring are the reason he can make elaborate claims about how awesome the Texas economy is.

Let’s begin with population. The five counties that contain the state’s five largest cities have a combined 12,309,787 residents, which is 44 percent of the state’s total. If you want to talk about elections, the registered voters in those counties make up 42 percent of Texas’ electorate.

Those counties out-perform the rest of the state economically. Texas’ five biggest urban counties constitute 53.5 percent of total Texas employment. If you broaden it out to the metropolitan statistical areas, which include the suburbs as well, the proportion becomes 75.8 percent — and growth in those regions has outpaced growth in the state overall since the recession.

Not convinced Texas’ cities drive the state? Let’s look at gross domestic product: The state’s five biggest MSAs contribute 71 percent of the state’s economic output, a proportion that has increased by two percentage points over the past decade. Focusing just on counties again, workers in the ones that contain Texas’ largest cities earn 60 percent of the state’s wages.

If you look at the embedded chart in that story, you’ll see that the metro area that is doing the best economically is the Austin-Round Rock MSA, and it’s not close. It’s even more impressive when you take into account how busy the city of Austin has been systematically destroying Texas with its regulations and liberalness and what have you.

As I said in my previous post on this subject, quite a few of the Mayors that are pleading with Abbott to back off are themselves Republicans, and represent Republican turf. It’s good that they are trying to talk some sense into him, but I’d advise them to temper their expectations. Abbott and Dan Patrick and a squadron of Republican legislators, especially in the Senate, don’t seem to have any interest in listening. The one thing that will get their attention is losing some elections. What action do these Mayors plan to take next year when they will have a chance to deliver that message?

May runoff results

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

Ron Nirenberg

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

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

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

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

[…]

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

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

Coming closer to home, results were mixed in Pasadena.

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

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

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

[…]

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

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

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

Pearland, alas, was less positive.

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

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

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

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

San Antonio files “sanctuary cities” lawsuit

Here they go.

The cities of San Antonio and Austin announced on Thursday they have joined the fight to stop the state’s new immigration enforcement law, Senate Bill 4, in federal court.

[…]

The Mexican American Legal Defense and Educational Fund filed the suit Thursday on behalf of San Antonio City Councilman Rey Saldaña and a trio of nonprofit groups: La Unión Del Pueblo Entero, the Worker’s Defense Project and the Texas Association of Chicanos in Higher Education.

The city of Austin’s city attorney will file a motion to intervene and join the plaintiffs Friday but will use its own attorneys and introduce certain Austin-specific claims, a spokesperson for Austin City Councilman Greg Casar said.

Abbott and Attorney General Ken Paxton are the named defendants in the litigation.

During a press call late Thursday afternoon, Thomas A. Saenz, MALDEF’s president and general counsel, said the lawsuit contains “arguments against each and every provision in SB4.” Specifically, the lawsuit alleges the bill, if enacted, would violate the First, Fourth and 14th Amendments to the U.S. Constitution.

“All of those multiple constitutional claims basically relate to the illegality of empowering each and every police officer, sheriff’s deputy, booking agent and other law enforcement figures in the state of Texas to decide on their own, without any guidance or restriction from their duly elected superiors and appointed police chiefs … whether and how to enforce federal immigration law.”

CM Saldaña had been pushing for this since SB4 was signed, and it was reported earlier in the week that the suit would be filed on Thursday/ Here’s more on Austin’s role in this.

Austin plans to file a motion to intervene, bringing “Austin-specific issues to the table,” City Council Member Greg Casar said on a conference call.

“Soon after Gov. Abbott signed this disgraceful law, community groups announced a summer of resistance against SB 4, calling on elected officials to file challenges against the law in court,” Casar said, refering to Senate Bill 4. “City leaders have responded swiftly. Upon filing suit against the State of Texas tomorrow morning, El Paso, El Cenizo, San Antonio and Austin all will have responded to the community’s call.”

The lawsuit alleges SB 4 violates the First, Fourth and Fourteenth Amendments of the U.S. Constitution. It names the State of Texas, Gov. Greg Abbott and Attorney General Ken Paxton as defendants.

As the story notes, Austin City Council had previously voted to pursue litigation, so this is the culmination of that vote. This lawsuit joins with the other lawsuits already in progress. MALDEF attorney Saenz is quoted in the Trib story saying that the Austin/San Antonio suits will likely be combined with the El Cenizo/Maverick County one at some point, but until then and before the September 1 implementation date there’s plenty of time for motions and discovery.

San Antonio’s decision to file suit was a bit contentious as Mayor Ivy Taylor did not want to get involved, at least at this time. That stance has become an issue in the Mayoral runoff.

Taylor’s move gives her an 11th-hour wedge issue in her mayoral runoff campaign. Her challenger, Councilman Ron Nirenberg, supports the lawsuit and Taylor is banking on the idea that North Side conservatives will remember that when they go to the polls.

Nirenberg said in a Thursday statement that he hopes the lawsuit “will bring a fast and final resolution on the constitutionality of the law so our local law enforcement can move forward with the job of protecting the people of San Antonio.”

Taylor was joined in her anti-lawsuit stance by North Side council members Joe Krier and Mike Gallagher. Like Taylor, Gallagher suggested that the city should work in coordination with the state’s other major cities before committing to litigation. Krier said the council should have voted in an open session, with full transparency and the chance for public discussion.

I agree with that point. That’s how Austin handled it, with a May 18 council vote to file suit over SB 4. By definition, City Council makes policy and deciding to participate in this lawsuit is a major policy move. In the words of former New York Jets head coach Herm Edwards, “Put your name on it.”

Saldaña agrees with the calls for transparency, but said San Antonio was running out of time because Austin and other cities are looking to S.A. to decide how they should proceed against SB 4, which goes into effect on September 1.

“The question that I posed to the mayor and the manager (Sheryl Sculley) and our city attorney was, ‘What is the best way to move quickly?’ And they said, ‘Let’s first discuss this in executive session and see what folks have an appetite for.’ But it kept getting stalled and several weeks passed from the time I originally proposed this,” Saldaña said.

“The people who are most in favor of getting it up for a (public) vote are just trying to delay the action that we’re taking. And Councilman Krier was one of them.”

Saldaña pointed out that Krier had no objections in 2014 when the council made an executive-session decision to file lawsuits against the police and fire unions over the city’s collective-bargaining agreements.

Here’s a list of statements by the Mayor and Council members following the vote to file suit. The runoff concludes June 10, so we ought to have some feedback on the political effect shortly. In the meantime, all eyes remain on Houston and Mayor Turner. ThinkProgress and the Current have more.

May 6 election results

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

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

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

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

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

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

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

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

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

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

[…]

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

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

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

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

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

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

If you really want to improve turnout in city elections

This is a plan that would do it.

vote-button

Councilman Ron Nirenberg [recently] called for a major change to local elections that he says would boost voter turnout and bolster public participation.

The councilman said he’s spent years considering ways to address abysmal turnout in municipal elections, which are held in May of odd-numbered years. His solution is to move local elections to November of even-numbered years, coinciding with state and federal elections. There would be either a presidential or gubernatorial race on the ballot, driving far better turnout than what municipal elections tend to garner.

“I’m alarmed and astounded by how few people have their voices heard in municipal elections,” Nirenberg said. “That should concern everyone.”

Voter turnout in the May municipal elections is starkly different from that of the November elections. In recent years, for example, the 2005 city election pulled the highest percentage of registered voters, 18 percent. That ballot included an election for an open mayoral seat, pitting Phil Hardberger against a young Julián Castro. Since then, voter turnout peaked in May with 11.89 percent. That included the mayoral race involving Mayor Ivy Taylor, Leticia Van de Putte, Mike Villarreal and Tommy Adkisson.

In the interim period, turnout dropped to a low of 6.94 percent, or about 53,000 of more than 764,500 voters.

Meanwhile, November elections in even-numbered years have drawn between 31.7 percent and almost 57 percent of registered voters since 2008.

[…]

For Nirenberg’s plan to come to fruition, a couple of things have to happen. The Legislature must amend the Local Election Code, and the City Council would have to vote to call a charter amendment election, no sooner than May 2017, wherein voters would ultimately decide whether to move city elections to November of even-numbered years.

On Monday, Nirenberg called on the city to move its elections to coincide with state and federal elections. He sent letters to the city’s Charter Review Commission and to state Rep. Lyle Larson, who he hopes will sponsor a bill that would allow such a change.

The numbers are clear, and so would be the effect. You would also likely get a younger and more diverse electorate, especially in the Presidential years. I could swear Greg looked at what the effect would be like in Houston if we did that here, but I couldn’t find it; this post about having the HERO referendum last year instead of this year touches on the theme. That effect might be lesser in San Antonio than in Houston, but it would likely still be there. For purposes of comparison, let’s take a look at city turnout in the last two even-numbered years, as there were city issues on each ballot. In 2014, there were 398,337 votes cast and 40.90% turnout in Harris County. Those numbers ought to be good enough to make even Mimi Swartz smile.

The fly in the ointment here is that many of our elections aren’t settled in November. Let’s use Austin as an example, since CM Nirenberg cited it and since they just had a contested city election there last November. The November election drew 209,140 total votes, for 40.40% turnout. But then there were the runoffs, as we have in Houston and as they would have in San Antonio, in our often multi-candidate races. The 2014 Austin runoffs attracted only 78,868 total votes, which is 15.58% turnout. Not exactly the same universe there, and for sure not exactly the same voter demographic.

Of course, you can’t have everything, and you shouldn’t let the perfect be the enemy of the good. Boosting November turnout may be reward enough, and who knows, maybe once people adjust to that then December races would be better than they have been. There’s another potential downside, however. Like Harris County, the various independent school districts and community college districts in Bexar County hold their elections at the same time as the big (and small) city races. Separating the city elections from the school and community college board elections would likely have a negative effect on their turnout. How much of an effect might that be? I don’t know, and I don’t know what the school/CC districts might think about it. One way or the other, it’s a conversation that would need to be had.

What about moving the school/CC elections to November of even years along with the city races? That’s certainly an option. The argument that I have always heard for keeping school board elections in odd numbered years is that it keeps from from being too politicized, as they would maintain some distance from the even-year partisan races. For that reason, back in the days of House Speaker Tom Craddick, there was a move afoot by some nefarious characters to force school board elections to November of even years, the thinking being that making such elections more partisan would benefit Republicans. That effort went nowhere, and I don’t know that the old thinking still applies. For better or worse, all elections are more partisan now, and higher turnout is generally seen as benefiting Democrats. The politics of this in the Legislature, if Nirenberg’s proposal makes it that far, ought to be fascinating. The Current and the Rivard Report have more.

SA Council approves new rules to allow Lyft to return

Close vote, but it counts.

Lyft

The ride-hailing firm Lyft will soon re-start operations in San Antonio in the wake of a controversial City Council decision Thursday that will allow the company to offer rides here during a nine-month pilot program.

The council spent more than three hours listening to public comment and debating among themselves before voting 6-5 in favor of the program.

“A positive vote today is a win for our community because it will expand transportation options in a city where public transportation is limited,” Mayor Ivy Taylor said. “With today’s vote approving this agreement, we are saying loudly that San Antonio is open for business.”

No other city in the country has worked as closely with a so-called “transportation-network company,” or TNC, as San Antonio, Taylor said. The pilot program, she said, “provides consumer choice and works with the technological platform of ride-share companies” and supports the city’s commitments to both innovation and public safety.

Earlier this summer, Taylor directed City Manager Sheryl Sculley to develop a pilot program, and appointed Councilman Roberto Treviño to oversee negotiations for the council.

The deal approved Thursday allows Lyft drivers to voluntarily undergo the city’s fingerprint background check and then post a unique city identification number to their driver profiles on the Lyft smartphone application, which customers use to hail rides. Customers will be able to choose whether they want a driver who has gone through the city’s fingerprint background check in addition to the Lyft background check all drivers go through.

[…]

Councilman Ron Nirenberg pointed out his public safety concerns from a different perspective — epidemic levels of drunken driving in the San Antonio area.

“Insufficient transportation options, which we experience every day, all over this city… increase congestion, cost jobs and it make San Antonio roads more dangerous — even fatal,” Nirenberg said. “And I’m tired of hearing about the fact that people are getting into their automobile when they shouldn’t be because there are no options otherwise.”

Nirenberg said he hopes to have a pilot program for Uber underway soon. It’s unclear how that might happen.

The company submitted earlier this week a slightly different propsal to the city. Rather than identify drivers in its app who have undergone the city’s fingerprint background check, which the city is willing to pay for, Uber wants to notify its users that its drivers don’t go through the city’s background check and solely uses its third-party system.

That likely wouldn’t pass muster with the council, however. Councilman Joe Krier, who was the sixth vote that enabled approval of the Lyft deal, expressed dismay at how Uber has handled itself in San Antonio and in Texas.

Krier said Uber’s approach has been offensive and that he doesn’t respond well to it. The councilman thanked Lyft for its willingness to work with the city to find a resolution.

If Uber ultimately decides to agree to the same methods that Lyft did, it could enter into its own nine-month pilot program without going before council. The council’s approval Thursday makes it possible for other TNCs, such as Uber, to operate here under their own pilot programs as long as their structures are materially similar to the Lyft operating agreement — without going back to the council for an individual vote.

See here and here for the background. This makes San Antonio the mirror image of Houston, in that they now have Lyft but not Uber, and we have Uber but not Lyft. As I suggested before, perhaps this is a situation that might warrant some attention from the Mayoral candidates. Do we want to revisit our rules and try to find a way to get Lyft to operate here, or are we OK with how things are now? The story also notes that Houston and San Antonio are the only cities that require fingerprint background checks for rideshare drivers. I strongly suspect that means we will see another attempt to pass a law providing for state-mandated rules for Uber and Lyft when the Lege reconvenes in 2017. Such a bill made it pretty far this session, and could make more progress next time. As I’ve said before, it would be nice to know what our Mayoral wannabes think about that. The Rivard Report and the Current have more.

Four for interim Mayor

Four of out five San Antonio City Council members that had said they would like to file a letter of interest for the post of interim Mayor actually filed those letters of interest.

Submitting letters of interest by Wednesday’s 5 p.m. deadline were District 2 Councilwoman Ivy Taylor, District 5 Councilwoman Shirley Gonzales, District 6 Councilman Ray Lopez and District 8 Councilman Ron Nirenberg.

The 10-member council has called a special meeting for 9 a.m. Tuesday to select a replacement for Mayor Julián Castro, whose term ends May 31. Castro has been confirmed by the U.S. Senate to serve as secretary of the U.S. Department of Housing and Urban Development. Castro plans to resign as mayor once his successor is chosen, and later will be sworn in as HUD secretary.

Not filing a letter of interest was District 7 Councilman Cris Medina, who had expressed interest in the appointment but last week was the target of an anonymous email alleging official wrongdoing, which he vigorously denied. Medina announced Wednesday that he would take a brief leave of absence from council for military training in the Air Force Reserve, adding that fulfilling that commitment prevented him from pursuing the mayoral appointment.

See here for some background, and see The Rivard Report for more on the candidates. The fact that there are only four candidates instead of five changes the nature of the process a bit. Here’s a relevant quote from that Rivard Report post to illustrate why:

Candidates cannot vote for themselves, but they are allowed to abstain from voting and thus avoid giving their vote to anyone else.

A candidate needs six votes to win, and now there are six Council members that are not candidates. In theory, now one of the four contenders could win on a first round vote instead of needing one of his or her competitors to drop out and support their candidacy. The special meeting to do all of this is this coming Tuesday, July 22. We’ll see how it goes.

The interim and non-interim Mayoral hopefuls of San Antonio

Robert Rivard previews the sausage-making process in San Antonio.

It takes six votes to win, a majority that will be harder to achieve if some of the announced candidates exercise their right to abstain. If all five abstain from voting for someone else, it will be impossible to gain the necessary majority. Such a stalemate would open up the process to all 10 council members, according to the rules of procedure outlined by City Attorney Robbie Greenblum at a recent council meeting.

If the interim mayor is, however, successfully elected on the first round of voting, you will know the real vote occurred behind closed doors and out of public view. I hope that doesn’t happen, and I don’t necessarily believe it will.

What is more likely is an inconclusive first round in which at least two of the candidates, District 8 Councilman Ron Nirenberg and District 7 Councilman Chris Medina, receive no votes and are eliminated from the next round. It’s also possible, of course, that both will reach this conclusion before July 22 and reverse their stated intentions to seek the mayor’s seat.

Either way, that would leave three candidates.

One is District 2 Councilwoman Ivy Taylor, the presumed frontrunner who has stated her willingness to serve out Castro’s one year unexpired term and then step down without seeking election as mayor next May. She would be San Antonio’s first African-American mayor and in a strong position to seek a seat in the state Legislature afterwards if state Rep. Ruth Jones McClendon (D-San Antonio) does not run again.

Taylor’s pledge not to run in next May’s city election makes her an appealing compromise candidate to council members who want to run in May themselves or who want to support a candidate not on the Council.

It also would leave San Antonio with a figurehead leader lacking the political power of an interim mayor perceived as a possible candidate for election to a full term in May.

The others two candidates are District 6 Councilman Ray Lopez, the senior member of Council, and District 5 Councilwoman Shirley Gonzales, both of whom have expressed an interest in winning the interim seat and going on to run in May.

Two suburban Council members, District 9 Councilman Joe Krier and District 10 Councilman David Gallagher, were said to be provisionally committed to Taylor, if you believe city hall chatter. That’s still four votes short, but it’s a start.

Lopez is experienced and believes he would be effective as mayor, but younger Council members seem more inclined to look at candidates from their generation. Gonzales has entered the contest, in part, because she and others feel it’s time for San Antonio to elect its first Latina mayor. She also believes she is just as qualified as anyone else pursuing the job. Gonzales had no mayoral aspirations before Castro’s Cabinet nomination, but circumstances have placed her and everyone else on the Council in a position none anticipated.

The unique nature of Council politics has thrust all of them into an uncomfortable position. The Council members who might have been the most likely to try and succeed Castro in 2017, had he sought and won a fourth term, aren’t the Council members with the strongest hand in the July 22 contest.

Makes your head spin a little, doesn’t it? Rivard is absolutely right that the San Antonio City Council needs to amend the city’s charter to include a less-crazy, more-democratic Mayoral succession process. A special election on the next viable uniform election date makes the most sense to me. In the meantime, the main question seems to be is it better to put in a placeholder till next May so all of the wannabees for a full term can start out on even footing, or is it better to put in someone that will be auditioning on the job for a full term?

How you answer that may depend on who you would like to support in 2015. One person who won’t be tapped to fill Julian Castro’s shoes for the next few months is State Rep. Mike Villarreal, who is busy building up support for his 2015 campaign.

For 35 years, the most successful candidates and most effective mayors have been practical Democrats who have won the backing of the business community.

This is not just because these candidates have well-financed campaigns. It is because a mayor with an ambitious agenda needs the support of the majority of voters — who in San Antonio are Democrats — and the support of the business community, which is practical.

The most effective San Antonio mayors of the past 35 years — Henry Cisneros, Nelson Wolff, Phil Hardberger and Castro — all fit that profile.

For the past 10 years, the best political harbinger of business support is Mike Beldon, head of one of the city’s largest roofing companies, former chairman of the Greater San Antonio Chamber of Commerce and former chairman of the Edwards Aquifer Authority. In 2005, he served as treasurer and finance director for Hardberger’s campaign against a young Castro. Four years later, he did the same for Castro in his successful campaign against Trish DeBerry.

Now Beldon has signed on as the mayoral campaign manager for state Rep. Mike Villarreal.

Other than the Council members named above that would run for “re-election” if they win the Council beauty contest, there aren’t any serious contenders that are openly working it for 2015. Villarreal is known to have statewide ambitions, and Mayor of San Antonio would be a nice jumping-off point for a future statewide campaign, certainly one with greater potential than State Rep, at least at this time. One interesting twist on this is that Sen. Leticia Van de Putte is said to have expressed some interest in being Mayor before, and could conceivably jump in if she’s not presiding over the Senate next spring. I trust Rep. Villarreal will see that as extra incentive to work even harder on behalf of her candidacy for Lite Gov.

I love it when anti-GLBT candidates lose

A good runoff result in San Antonio.

Ron Nirenberg

Ron Nirenberg, once an underfunded dark-horse, secured the District 8 seat in [last] Saturday’s runoff, overwhelmingly defeating establishment candidate Rolando Briones.

“It feels good knowing that in San Antonio, the message of grassroots, neighborhood-oriented politics is still what will carry the day — not money, not machine, but the citizens of District 8,” Nirenberg said. “I look forward to working with everyone who was so passionate about this race and this community, no matter which side of the campaign they fell on.”

Nirenberg won with nearly 55 percent of the vote — almost 10 points better than Briones. Atypical of run-off elections, Saturday’s numbers exceeded those of the general election on May 11 when Nirenberg became the de facto frontrunner.

Nirenberg ran a grassroots campaign staffed primarily by volunteers, including a contingent of energized college students and recent graduates, who he calls the future of San Antonio.

Briones’ campaign was a well-funded operation staffed by several well-known political consultants. The engineering firm owner spent tens of thousands of dollars of his own money and ran what’s likely to be the most expensive campaign for a council seat in the history of recent city politics.

Nirenberg, who is conventionally married and has a son, was on the receiving end of some nasty gay-baiting mailers. See BOR (twice) and Concerned Citizens for the details. Nirenberg (a Trinity alum and the general manger of 91.7 KRTU – Tigers represent!) nearly won outright in May, and we might have been spared Briones’ foolishness had he done so (Briones claimed the nasty mailers did not come from his campaign, for what it’s worth), so maybe his win in the runoff was predestined. It’s still sweet to see crap like that fail. I hope anyone else who might think to use such tactics, on their own behalf or on behalf of someone else, takes note.