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SD06

Rep. Joe Pickett to resign

We will now need two special House elections to get to full membership.

Rep. Joe Pickett

State Rep. Joe Pickett of El Paso will leave his post effective Jan. 4.

Pickett, a Democrat, made the announcement Saturday morning that he will step down after having served in the Texas House since 1995. He said in a statement that he learned he had cancer just before the start of the 2017 legislative session and has since sought treatment for it.

“In the last few weeks, I have learned of additional issues I must address,” Pickett said in a statement. “I could probably continue at a reduced work level while undergoing treatment, but I have been there and done that. I need to completely heal this time. I am told I am physically strong enough to hopefully make my recovery quicker than most. My body and mind need a break.”

Pickett didn’t face any general election opponents this year, winning re-election in November with 100 percent of the vote. He noted in his statement that he would return recent campaign contributions in light of his upcoming departure from the Legislature.

During the 2017 legislative session, Pickett held the 11th highest seniority in the Texas House and served as chair of the Environmental Regulation Committee. He previously chaired other House committees during his tenure including the Transportation, Defense and Veterans Affairs, and Homeland Security and Public Safety Committees.

Rep. Pickett was definitely one of the more powerful members of the House thanks to his seniority. He will be missed as Democrats try to exert more influence with their largest caucus since 2009. I wish him all the best with his treatment and recovery.

We should expect Sen.-elect Carol Alvarado to submit her resignation this week, once the election results in SD06 are certified. My guess is that Greg Abbott will schedule both elections for the same day, probably in mid to late January. Assuming the need for runoffs, the new members in HDs 79 and 145 will be seated by early March or so. For the record, since I know you’re wondering, Hillary Clinton won HD79 68.0% to 26.5%, and won by 66.8% to 28.7% in HD145. Wendy Davis carried HD79 by 58.5% to 39.3%, and HD145 by 57.2% to 40.8%. I can imagine a Republican making it to a runoff in those districts, but winning would be very unlikely. And before anyone mentions SD19, Hillary Clinton carried it 53.4% to 41.9%, while Wendy Davis actually lost it, 49.1% to 49.0%. These districts are much bluer than SD19. (Beto won HD145 by a 70.9% to 28.3% clip; I don’t have the data for El Paso.)

Alvarado wins SD06 special election

No runoff! Hurray!

Rep. Carol Alvarado

State Rep. Carol Alvarado, D-Houston, won the Senate District 6 special election Tuesday, finishing far ahead of a four-candidate field and grabbing a narrow majority of the votes needed to avoid a runoff.

She received 50.4 percent of the vote in unofficial returns.

It was unclear until the final precincts reported whether Alvarado, who hovered around 50 percent the entire night, would reach enough votes to avoid a runoff.

Trailing far behind was state Rep. Ana Hernandez, D-Houston, and Republican Martha Fierro, a precinct chair for the Harris County GOP. They each received less than half Alvarado’s share of the vote in the low-turnout election.

Alvarado will face re-election in November 2020 and hold the seat through January 2021, finishing out the term of U.S. Rep.-elect Sylvia Garcia, D-Houston. She resigned Nov. 9, three days after winning the race for Texas’ 29th Congressional District. U.S. Rep. Gene Green, D-Houston, did not seek re-election.

The tally is here. Alvarado had a majority of the mail ballots, and it was enough to keep her over fifty percent even as the in person votes were slightly under. Had she dipped below 50%, she would have been in a runoff with Rep. Ana Hernandez, but she avoided it. Now we just need to have the special election to fill her to-be-vacated seat in HD145. Congratulations and best of luck to Sen.-elect Carol Alvarado.

Early voting concludes in SD06

Tomorrow is Election Day.

Sen. Sylvia Garcia

Early voting concluded Friday in the special election to replace Sylvia Garcia in Senate District 6, and the low turnout is about what the Harris County clerk expected.

More than 1,097 voters cast ballots Friday either in person or by mail, bringing the early voting tally to 10,011.

Turnout typically spikes on the last day of early voting, but heavy rains that began Friday afternoon may have encouraged residents to wait until regular balloting on Tuesday. Harris County Clerk Stan Stanart expects just shy of 20,000 of registered voters the district to participate, for a turnout of about 6 percent.

The race features four candidates: Democratic state Reps. Carol Alvarado and Ana Hernandez, Democratic consultant Mia Mundy and Harris County Republican Party precinct chairwoman Martha Fierro.

[…]

If no candidate receives 50 percent of the vote, a runoff election will be held. If Alvarado or Hernandez ultimately prevails, Harris County must hold a special election, likely in January, to fill her House seat in the Legislature. That election would be overseen by incoming county clerk Diane Trautman, who defeated Stanart in November.

Polls will be open Tuesday from 7 a.m. to 7 p.m. Residents can find their voting location at HarrisVotes.com.

Here’s the final daily Early Voting report. For comparison purposes, there were 8,690 total early votes in the January 2013 special election, and 9,586 total early votes in the March 2013 runoff. So, while it’s fair to say that early voting was light, it is also the case that more people turned out than in either of the 2013 SD06 specials. That doesn’t mean final turnout will be higher, given the trends in early voting, but early voting was cut short on Friday at the Moody Park location because of the weather, so we may get some votes shifted to Tuesday because of that. For what it’s worth, here are the recent numbers for similar elections in the county:

District K, May 2017 – 3,604 early, 5,135 total = 70.19% early
HISD VII runoff, December 2016 – 3,926 early, 6,585 total = 59.62% early
HD139, May 2016 – 1,433 early, 1,855 total = 77.25% early
SD04 runoff, August 2014 – 2,362 early, 3,388 total = 69.72% early
SD04, May 2014 – 2,689 early, 4,080 total = 65.91% early
SD06 runoff, March 2013 – 9,586 early, 18,252 total = 52.52% early
SD06, January 2013 – 8,690 early, 16,511 total = 52.63% early

The county is planning for about 20K total votes (remember that some absentee ballots are still coming in), so we’ll see. You can find your Election Day polling location here. Get out there and vote.

SD06 finance reports

As expected, there are two candidates who are running a real campaign, and two other candidates.

Rep. Carol Alvarado

State Reps. Carol Alvarado and Ana Hernandez have raised and spent far more money than the two other candidates seeking to replace Rep.-elect Sylvia Garcia in the Texas Senate, according to filings posted Tuesday by the Texas Ethics Commission.

Between the two Houston Democrats, Alvarado has proven the more prolific fundraiser, taking in about $115,000 and spending about $391,000 from Oct. 28 through Dec. 1, the period covered by her latest campaign finance report. During the same period, Hernandez raised about $66,000 and spent about $162,000.

The totals place Alvarado and Hernandez well ahead of Republican Martha Fierro, who has raised about $4,000 since Nov. 15, and Mia Mundy, a Democrat who did not report raising or spending any money.

[…]

Alvarado, who entered the race with a sizable war chest, has been running an ad on cable television, and she says the spot will begin running on network stations in the lead-up to Election Day on Dec. 11. Alvarado’s spending on those ads does not appear to be included in her campaign finance report.

Here are the 8 day reports for Alvarado and Hernandez. Note that the latter covers a longer period of time, from July 1 through December 1, while Alvarado had filed more recent reports. The reason for this is that Hernandez was unopposed for re-election, and thus not required to file 30-day or 8-day reports for the November election, while Alvarado had a Libertarian opponent and thus did file those reports. I don’t care for that quirk of Texas finance law, but it is what it is. (Note that in a year without this special election, Hernandez would still be filing a January report, as will all November candidates, so it’s not like her latter half of 2018 would have been a mystery to us for much longer.)

For those who missed it, there was a candidate forum for SD06 on Tuesday. As Alvarado and Hernandez have very similar voting records and public positions, the debate included the topic of Alvarado serving in a leadership position under Speaker Joe Straus while Hernandez did not; this was a point of distinction in the Chron’s endorsement of Alvarado.

Rep. Ana Hernandez

The back-and-forth dialogue kicked off about 40 minutes into the event, when Hernandez was asked about the Houston Chronicle Editorial Board’s statement that she “hasn’t gained the sort of leadership positions that Alvarado boasts.”

Hernandez, first elected to the House in 2005, noted that she has served in the lower chamber under Republican leadership. With the GOP in control, she said she has not received chairmanships like Alvarado has because doing so “compromises the values that you’ve been elected to represent.”

“To have to compromise and negotiate to be in a leadership position, I will not do that,” she said. “I will represent the best interests of my constituents.”

Alvarado, given time to respond, said she and Hernandez have “pretty much the same” voting records, but indicated she believes it’s possible to be progressive while working with Republicans.

“When you have to get 76 votes to pass something, you have to work across the aisle,” said Alvarado, who chairs the Urban Affairs Committee and was first elected to the House in 2008. “And I’m proud of the trust and the confidence that a moderate Republican like (Speaker) Joe Straus placed in me not to chair one committee, but two committees.”

She went on to invoke the chairmanships of Democratic state Reps. Senfronia Thompson and Garnet Coleman.

“So I would say by mentioning the words ‘compromise your values,’ I’ve never done that,” she said. “I don’t forget where I come from. I live in my community, I actually live in this district.”

Hernandez, who said after the debate that she does in fact live in Senate District 6, shot back, saying, “This moderate Republican speaker that has appointed her (as) chair, it’s the same one that pushed SB 4” — a reference to the law that requires local law enforcement to abide by federal officials’ requests to detain people believed to have entered the country illegally.

“You tell me if that’s moderate,” Hernandez said, adding, “and I’m glad that you mentioned Senfronia Thompson and Garnet Coleman, because I am proud to have their endorsement for my candidacy for Senate District 6.”

Here’s the EV daily report through Wednesday. There have been 8,350 total ballots cast so far. You still have two days to vote early if you live in the district, so get out there and make your voice heard.

SD06 early voting update

Slow so far, which is what you’d expect.

Sen. Sylvia Garcia

More than 5,000 voters had cast ballots as of Friday in the special election to replace Sylvia Garcia in Senate District 6.

The Harris County Clerk’s Office reported 1,580 in-person votes and 3,788 returned mail ballots, bringing the total through the first five days of early voting to 5,368 ballots cast.

Four candidates — Democratic state Reps. Carol Alvarado and Ana Hernandez, Democratic consultant Mia Mundy and Harris County Republican Party precinct chairwoman Martha Fierro — are seeking the seat.

[…]

University of Houston political science professor Brandon Rottinghaus said Alvarado is most likely to win, since she has out-raised her opponents and secured key endorsements.

“She has more geographic overlap with her district, and she was on TV with ads,” he said. “In a race like this it’s going to be a sprint to the finish line, and that’s going to go to the best-prepared candidate.”

Hernandez and Alvarado’s House districts occupy portions of Senate District 6. If either wins, Harris County must hold another special election to fill the House seat she will vacate.

Here’s the daily EV report through Friday. Early voting continues through this Friday, with Election Day on Tuesday the 11th. Turnout for the January 2013 special election, which took place following the death of Mario Gallegos, was 16,511 voters, with about 8,600 of those votes being cast early. For the March runoff between outgoing Sen. Garcia and Rep. Alvarado, turnout was 18,252, with about 9,500 votes being cast early. I suspect that if this one goes to a runoff, we’ll see something similar. Anyway, get out and vote while you can.

Endorsement watch: For Alvarado in the special

The Chron does its thing one more time.

Rep. Carol Alvarado

Of the four names on the ballot [in the SD06 special election], two stand out as qualified and impressive candidates: state Rep. Carol Alvarado and state Rep. Ana Hernandez.

We endorse Alvarado.

It isn’t a question of policy — the two Democrats seem to agree on practically everything. Both are pro-choice. Both oppose school vouchers. Neither wants to expand the sales tax or implement an income tax to help pay for public schools. The difference is one of strategy.

Alvarado, 51, is a former member of Houston City Council and was first elected to District 145 in 2008. Since then she has briskly climbed the leadership ranks and last session was appointed chair of the Urban Affairs Committee. Consider it a sign of the trust that Speaker Joe Straus put in her ability to reach across the aisle and work with Republicans to pass important bills. Notably, in 2015 she authored the grand jury reform bill that was signed by Gov. Greg Abbott. Those talents will be key to a successful tenure in the Texas Senate, which is dominated by Republicans.

Hernandez, 40, was first elected to the Legislature in 2005 but hasn’t gained the sort of leadership positions that Alvarado boasts. In meeting with the editorial board, she explained it’s because she refuses to compromise her ideals in pursuit of political ambition. That’s not necessarily a bad thing. Garcia embodied that model when she was the only senator to oppose the most recent budget. The vote undermined her ability to work with Republicans, but granted her the authority to point out the budget’s various flaws — cuts to education, reliance on higher property taxes — come election season. If Democrats want to grow their political footprint, they’ll need to start heightening the contrast with Republicans and give voters a real choice.

But for the sake of constituents’ immediate needs, we believe that Alvarado can do a better job of shaping and passing legislation.

Alvarado sent out email over the weekend touting endorsements from the Houston GLBT Political Caucus and the Planned Parenthood Texas Votes as well. She of course has run for this seat before, in the 2012 special election following the death of Mario Gallegos, finishing second behind Sylvia Garcia. You don’t want to put too much weight on these things, as it’s easy to over-interpret them in low-turnout special elections like this, but it’s a decent start for Alvarado. We have a full 12-day early voting period for this election, so if you are in SD06 you have from today through next Friday, December 7, to cast your ballot.

Early voting begins today for the SD06 special election

From the inbox:

Early Voting for the Texas State Senate District 6 Special Election to Fill a Vacancy begins Monday, November 26 and ends Friday, December 7.  During the twelve day Early Voting period, nine locations will be available to the 330,000 registered voters within the Senate District who want to cast a ballot before Election Day, Tuesday, December 11.

The Early Voting locations and schedule are as follows:

Early Voting Locations for

December 11, 2018 State Senate District 6 Special Election

Location Address City Zip
County Attorney Conference Center 1019 Congress Avenue Houston 77002
Harris County Scarsdale Annex 10851 Scarsdale Boulevard Houston 77089
Hardy Senior Center 11901 West Hardy Road Houston 77076
Galena Park Library 1500 Keene Street Galena Park 77547
Ripley House Neighborhood Center 4410 Navigation Boulevard Houston 77011
Baytown Community Center 2407 Market Street Baytown 77520
John Phelps Courthouse 101 South Richey Street Pasadena 77506
HCCS Southeast College 6960 Rustic Street, Parking Garage Houston 77087
Moody Park Community Center 3725 Fulton Street Houston 77009
Hours of Operation
Day(s) Date Time
Monday to Friday Nov. 26 – 30 8 am – 4:30 pm
Saturday Dec-1 7 am – 7 pm
Sunday Dec-2 1 pm – 6 pm
Monday to Friday Dec. 3 – 7 7 am – 7 pm

“The Harris County Early Voting locations are only available to individuals who are registered to vote in Senate District 6,” said Harris County Clerk Stan Stanart, the Chief Election Officer of the county.

For more information about the December 11 State Senate District 6 Special Election to Fill a Vacancy, voters may visit www.HarrisVotes.com or call the Harris County Clerk’s office at 713.755.6965.  Voters may also visit the website to determine if they are eligible to vote in an upcoming election or review the list of acceptable forms of identification to vote at the polls.

There are four candidates in this race, though really only two that have a chance of winning. Assuming one of those two wins, we’ll then have a special election in her State Rep district. If you’re wondering why this message came from Stan Stanart, remember that his term of office runs through December 31. Any runoff in this race, and any subsequent special election, will be conducted by incoming County Clerk Diane Trautman. Now get out there and vote if you live in SD06.

Candidate Forum for Senate District 6

The special election is set for SD06, for December 11. Four candidates have filed for the seat, and early voting begins this Monday, November 26. That’s not a lot of time to hear from the hopefuls, so those of you in SD06 should take advantage of every opportunity to hear them out. One such opportunity is next Wednesday, November 28, one week from today, at non-profit MECA Houston, 1900 Kane Street just northwest of downtown. Here’s the Facebook event for the forum, which will be from 6:30 to 8 PM on the 28th, and here’s a Google map link to the location. Go hear what the candidates have to say, then make sure you go vote.

Four file for SD06

Are you ready for the next election? Well, ready or not, here it comes.

Sen. Sylvia Garcia

Four candidates have filed for the Dec. 11 special election to replace outgoing state Sen. Sylvia Garcia, D-Houston.

The deadline was 5 p.m. Friday.

The field includes two Democrats who announced their campaigns long ago — Houston state Reps. Carol Alvarado and Ana Hernandez — as well as two lesser-known contenders: Republican Martha Fierro and Democrat Mia Mundy.

Garcia is giving up her seat in Senate District 6 after winning the Nov. 6 election to succeed retiring U.S. Rep. Gene Green, D-Houston. Garcia resigned Friday from the Texas Senate, and Gov. Greg Abbott called the special election hours later.

See here for the background. Mostly what this means is that there will probably be a runoff. I will note that in the last special election for SD06, held in January of 2013 following the death of Sen. Mario Gallegos, the two Republicans in the seven-candidate field combined for nine percent of the vote. Assuming the other Dem gets a point or two, a similar performance here would mean that one of Carol Alvarado or Ana Hernandez would have to beat the other by at least ten points to get to fifty percent, and I don’t expect that to happen. You never know, and this is a very short turnaround – early voting begins November 26, the Monday after Thanksgiving – so look for things to proceed at a breakneck pace. I don’t think I’ll have time for interviews, but if it does go to a runoff I’ll aim for that. And once we have a winner, we will almost certainly need to have a special election in either HD143 or HD145 to succeed her. It’s the circle of life. Good luck to the candidates. The Chron has more.

Garcia officially resigns from the Senate

We will finally get that special election to succeed her in SD06.

Sen. Sylvia Garcia

State Sen. Sylvia Garcia, a Democrat elected to Congress earlier this week, announced Friday she is resigning from the Texas Senate, setting in motion a process to fill the seat that may be resolved after the Legislature convenes in January.

Garcia’s departure ramps up what had been a low-key race for her seat, which covers Houston’s north and southeast sides. Two Houston Democrats — state Reps. Carol Alvarado and Ana Hernandez — launched their candidacies after Garcia won her March primary.

Elected Tuesday in Texas’ 29th Congressional District, Garcia resigned Friday to coincide with the start of the “expedited election” period, a provision of Texas’ Election Code intended to speed up special elections for vacancies that occur during or close to a legislative session.

The “expedited” period kicks in the 60th day before the Legislature convenes, which in this case is Friday. The session begins at noon Jan. 8, so Garcia is making her resignation effective at 12:01 p.m.

Once Gov. Greg Abbott accepts Garcia’s resignation, the Texas Constitution gives him 20 days to order an election, though it could take up to eight days for the resignation to become official.

The election must then fall on a Tuesday or Saturday, 21 to 45 days after Abbott orders it, according to the election code. That means if Abbott accepts Garcia’s letter Friday and immediately orders the election, he could schedule it as early as Dec. 1.

Otherwise, the election could fall as late as Jan. 19, if Abbott orders the election a full 28 days after Friday and schedules it on the last possible day within the “expedited” window.

See here for the previous update. Abbott’s gonna do what Abbott’s gonna do. Maybe he’ll schedule it on the early side, but my expectation is we won’t have an election till January. Reps. Carol Alvarado and Ana Hernandez are in, and if it’s just them or maybe just them plus a no-name or two, we can get this resolved in one round. If there has to be a runoff, and the election is when I think it will be, we’re looking at early March before it’s all said and done. And then we get to elect a new State Rep, which may mean I’ll be in a district with a vacancy for that duration. Election season is never truly over, we just constantly rotate the cast of characters.

UPDATE: I missed a later version of this story, in which the special election date was set for December 11. Here’s the proclamation. That’s very good news, because it means that even with a runoff, we’ll have a successor in place no later than mid-January or so.

The updated scenarios for a SD06 special election

It’s complicated.

Sen. Sylvia Garcia

The resolution to the special election stalemate between state Sen. Sylvia Garcia and Gov. Greg Abbott likely will come after the November general election and could yield a special election after the Legislature convenes in January.

The likely solution — an “expedited election,” triggered by a vacancy within 60 days of the legislative session — comes out of a combination of codes and statutes that leave open a relatively wide election date window.

If Abbott follows timing laid out in the Texas Constitution and Election Code, the special election is likely to fall between early December and mid January, depending on when Garcia resigns.

[…]

The Legislature convenes Jan. 8, 2019, meaning the expedited period begins Nov. 9.

Once Garcia resigns, her resignation could take up to eight days to become effective. From there, the Texas Constitution gives Abbott 20 days to call an election before the “returning officer” in the district with the vacancy gains that authority.

Abbott has not indicated he would hold off on calling the election once Garcia resigns, but if it comes to that, the Constitution does not define the term “returning officer.” However, it has been generally interpreted to be the county clerk.

[…]

Garcia has not said when she would resign within the expedited period, but in an emailed statement to the Chronicle, she said she will do “whatever I can to make sure the 850,000 Texans in SD 6 are represented by the beginning of the next legislative session.”

If Garcia resigns Nov. 9 — the first day of the “expedited election” period — and her resignation quickly becomes effective, Abbott could schedule the special election in early December. If he wanted to delay the election until the session starts, he could order it in mid-January.

The governor has not stated that he would schedule the election in May or seek to delay it into session at all. But he has stopped short of promising a date before Garcia resigns. Abbott’s office sent the Chronicle the same statement it has stuck with for weeks, saying “the ball is in (Garcia’s) court.”

Basically, at this point’ we’re more or less back at the Letitia Van de Putte situation, in which I remind you that the special election to succeed her took place on January 6 and Sen. Jose Menendez was sworn in in early March. We could get the special election sooner than that, and maybe there won’t be a runoff, but that’s the best case. In the worst case, Abbott plays semantic games with what the various legal terms mean and we have to resolve this in court. All I can say I wish Sen. Garcia had resigned back in May, like I originally thought she might.

Stanart responds to Garcia

From the inbox:

Sen. Sylvia Garcia

Harris County Clerk Stan Stanart issued the following statement in regards to the letter received from Texas State Senator Sylvia Garcia, by way of social media and her attorney, that asserts a County Clerk has the power to order an election:

“I’m flattered that Senator Garcia and her attorney want to bestow upon me the power to order an election; but, frankly everyone from the Secretary of State’s Texas Election Division to the Harris County Attorney’s Office do not believe that I have any such authority.”

“I have been advised by the Secretary of State’s Office and Harris County legal counsel that the responsibility for calling an election to fill a State Senate vacancy lies with other public officials and that this authority has not been granted to a County Clerk under statute or the Texas Constitution.”

“I also understand that in this political season your attorney who sent your demand letter, is engaged to the Harris County Democratic Party Chair, and would like to make some political points by dragging me into this issue. I also understand that the likely reason you want to delay your resignation until after Jan 1, 2019, is to increase your state pension.”

“I won’t get into the legality of your resignation letter, but it seems that rephrasing it to make it clear that you are resigning on a specific date would save everyone a lot of time, money and drama.”

See here for the background. Can’t say this is a surprise, it seemed like a longshot based on an interesting reading of a particular clause in the Constitution. Maybe the argument would work better in a courtroom, but I wouldn’t want to bet my own money on that.

I’ve been reluctant to criticize Sen. Garcia over this because I do think Greg Abbott is being a jackass and the precedent Garcia cites of Leticia Van de Putte’s resignation letter is on point, but we’re past the point of academic debate, and this is not a suitable place for drawing a principled line in the sand. The downside far outweighs any benefit I can think of for winning this contest of wills. Suck it up and submit another letter with the language Greg Abbott is demanding. It’s stupid, but it’s not as stupid as delaying the election. The Chron has more.

If Greg Abbott won’t call a special election in SD06, maybe Stan Stanart will

From the inbox:

Sen. Sylvia Garcia

Dear Mr. Stanart,

My firm and I, together with Robert Icesezen, Esq., have been engaged to represent Sen. Sylvia R. Garcia, individually and as the elected representative of the citizens of Texas Senate District 6. Governor Abbott has wrongly refused to order a special election to replace Senator Garcia, who recently served the Governor with a letter of resignation. Under the Texas Constitution, when the Governor won’t do the right thing, you must do it for him.

[…]

According to the Election Code, “an unexpired term in office” – like that of Senator Garcia – “may be filled only by a special election…” See Election Code 203.002. And, “[i]f a vacancy in office is to be filled by special election, the election shall be ordered as soon as practicable after the vacancy occurs…” Id 201.051(a) (emphasis added). This, someone must order a special election to fill the seat being vacated by Senator Garcia.

Under Section 13 of Article 3 of the Texas Constitution, that obligation falls first to the Governor. The Texas Constitution provides that “[w]hen vacancies occur in either House [of the Legislature], the Governor shall issue writs of election to fill such vacancies…” Importantly, under that same section of our Constitution, “should the Governor fail to issue a writ of election to fill any such vacancy within twenty days after it occurs, the returning officer of the district in which such vacancy may have happened, shall be authorized to order an election for that purpose.”

Governor Abbott should have ordered a special election for Senate District 6 by August 20, 2018. He has refused to do so. As the returning officer for Senate District 6 [1], it is your constitutional duty to do it for him. Only you can fulfill the Election Code’s mandate that a special election must be ordered under these circumstances.

See here for the background, and here for the Chron story. The letter is signed by Brian Trachtenberg, and it’s cc’ed to Abbott, County Judge Ed Emmett, and County Attorney Vince Ryan. My extremely-not-a-lawyer’s take on this is that the stated authority for Stanart to call the election seems to hang on the definition of “returning officer”, for which we have this footnote:

[1] – See Election Code 67.007 (a) (“For each election for a statewide or district office, a statewide measure, or president and vice-president of the United States, the county clerk of each county in the territory covered by the election shall prepare county election returns.”)

Someone more lawyerly than me will need to evaluate that. Assuming it is valid, then it becomes a question of whether Stanart will be any more inclined to take action than Abbott has been, and whether a judge would force the issue when the motion is filed. I have no idea what would happen next. And as entertaining as it is to speculate about obscure corners of the state constitution, the situation here is serious, and easily avoidable if Greg Abbott weren’t being such a jackass. Whether Sen. Garcia prevails via this legal gambit or sucks it up and writes another resignation letter, she needs to do whatever it takes to get that election scheduled.

It depends what the meaning of “intent” is

Give me a break.

Sen. Sylvia Garcia

It has been about three weeks since state Sen. Sylvia Garcia submitted a letter declaring her “intent to resign,” but whether it qualifies as an actual resignation has fallen into dispute — and has threatened to upend the timeline for Gov. Greg Abbott to call a special election for the Houston Democrat’s seat.

[…]

Still, Abbott has held off on calling a special election as his office and Garcia’s remain at odds over the validity of her letter. Abbott’s office does not believe Garcia’s use of the phrase “intent to resign” is good enough to trigger the process by which the governor can call a special election, while Garcia’s staff believes there is nothing wrong with the letter.

The clock is ticking on when Abbott can call the special election so that it coincides with the November general election. If he does not do it before Aug. 24, the next uniform election date on which he could call it is in May of next year. Still, he retains the option of calling an emergency special election that could occur take place on some other date.

In questioning Garcia’s letter, Abbott’s office attributes its reasoning to a 1996 Texas Supreme Court case — Angelini v. Hardberger — that involved a similar situation. Abbott was a judge on the court at the time.

“The governor’s position is that ‘intent’ to resign is insufficient to constitute an official resignation,” Abbott spokeswoman Ciara Matthews said in a statement. “The governor has made clear the only thing the Senator must to do to submit an effective resignation is delete the word ‘intent.’ The ball is in her court.”

Garcia’s office notes that her letter is very similar to the one former state Sen. Leticia Van de Putte, D-San Antonio, submitted to then-Gov. Rick Perry when she resigned in November 2014 to run for San Antonio mayor. That letter also used the phrase “intent to resign.” Perry scheduled a special election without any controversy, and Abbott, who took office in January 2015, called the runoff.

“It’s Sen. Garcia’s position that she has submitted a lawful, effective, valid resignation, and it was based on precedent, as recently as 2014, when Sen. Van de Putte submitted a letter of resignation almost identical to Sen. Garcia’s, and [Gov.] Perry called an election, and Sen. Van de Putte fulfilled the duties of her office until a successor was elected,” said John Gorczynski, Garcia’s chief of staff. “And we expect Gov. Abbott to call an election and set an election date by Aug. 20 because a resignation has been submitted and the governor hasn’t said anything to the contrary.”

See here for the background. On the one hand, Abbott is being a jackass. On the other hand, nothing is more important than getting that seat filled in a timely fashion, so if that means indulging Abbott’s pettiness and sending a substitute letter, suck it up and do it. There’s a time to stand on principle, and a time to say “screw it” and do what you have to do, and this is one of the latter. Let’s get this done.

Sen. Garcia announces her resignation

Not quite what I was expecting, but it will do.

Here’s the Trib story:

Sen. Sylvia Garcia

State Sen. Sylvia Garcia, a Houston Democrat likely on her way to Congress in the fall, has announced formal plans to resign after months of speculation about the timing of her decision.

When Garcia won a crowded congressional primary election in March, all but guaranteeing her election to represent a Democratic-leaning district in November, she immediately set off speculation about when she would resign her seat in the Texas Senate. The timing of the special election to replace her will have important implications for the upper chamber’s Democratic caucus, given that a seat usually held by the minority is up for grabs.

Several candidates have already lined up for Garcia’s seat, including two local Democrats currently serving in the Texas House: state Reps. Ana Hernandez and Carol Alvarado. Hernandez announced hopes to fill the “potential vacancy” just 12 hours after Garcia’s primary win, and shortly after, Alvarado posted a carefully crafted three-minute campaign video.

[…]

Though Garcia said her resignation won’t be effective until January, the Texas Election Code states that, for the purposes of calling a special election, a vacancy occurs on the date the resignation is accepted by the appropriate authority or on the eighth day after the date of its receipt by the authority” — in this case, Abbott, according to the secretary of state’s office.

I’ve been calling for this for months now, so as long as we get the election on or before November 6 (it would be one of three such elections), I’m happy. Barring anything unforeseen, the special will be a contest between Reps. Alvarado and Hernandez; refer to the 2013 SD06 special election for a reminder of how the partisan vote split previously. This will add to my to-do list for November interviews, but otherwise I get to be on the outside looking in, as I was redistricted into SD15 in 2011. I’ll keep my eyes open for Abbott’s response. In the meantime, I join legions of people in thanking Sen. Garcia for her service, and for her consideration in ensuring continuity of representation in SD06. The Chron has more.

State Rep. Larry Gonzales steps down

One more legislative special election coming.

Rep. Larry Gonzales

State Rep. Larry Gonzales, R-Round Rock, is resigning early, saying “it’s time to get on with the next phase of my life.”

Gonzales, a member since 2011 and a Capitol staffer before that, had already decided this would be his last term and didn’t file for re-election this year. His resignation, effective on Thursday, sets up a special election for the remainder of his term.

That might take place on the same day as the November general elections. There’s a precedent: State Rep. Larry Phillips, R-Sherman, quit earlier this year and was appointed to a judicial position; the special election for what’s left of his term will take place in November.

[…]

Republican Cynthia Flores and Democrat James Talarico will be on the ballot for a full term in House District 52 in November; candidates can file for the stub term as soon as Gov. Greg Abbott calls a special election and sets a date.

Now-former Rep. Gonzales announced his intent to not run this November back in September. A November special election isn’t particularly interesting – had he resigned in time for there to have been a May special, that would have been – but his HD52 is a seat to watch, as Trump won it by a mere 46.7 to 45.3 margin; it was basically a ten-point Republican district downballot. And as with the HD62 special election, this is another opportunity for me to implore Sen. Sylvia Garcia to follow this path and let there be a special election in November to succeed her as well, so that SD06 can be properly represented for the 2019 term. Please don’t make me beg, Sen. Garcia.

November special election in HD62

Because I’m a completist, I bring your attention to news like this.

Rep. Larry Phillips

Gov. Greg Abbott has set a Nov. 6 special election to fill former state Rep. Larry Phillips’ seat in North Texas. That’s the same day voters will head to the polls to cast ballots in statewide, congressional and other state legislative races.

Phillips, a Sherman Republican who chairs the House Insurance Committee, submitted his resignation last week — effective Monday — after previously announcing he would not run for re-election. He is instead running for district judge in Grayson County. He won the Republican primary last month and does not have a Democratic opponent in the fall.

[…]

A race is currently underway to take over the seat for a full term starting next year. Republicans Brent Lawson and Reggie Smith are in a runoff, while Valerie Hefner is the Democratic nominee.

I point this out not because there’s anything interesting about this district that went 75.4% for Trump in 2016 but because this is what I had envisioned for SD06 post-Sylvia Garcia. If Sen. Garcia changes her mind and steps down in the next couple of months – the filing date for the HD62 special election is August 23, which is about the time when counties need to get absentee ballots printed for November, thus basically making that the de facto deadline for anything to be included in November – then even with a December runoff, SD06 will have someone in place when the gavel falls in January. The next Senator in SD06 will be there to vote on the rules for the chamber, and to put their name in for the committee assignments they want. None of those things will happen with a January special election. This needs more attention, because it’s a big deal. The people in SD06 deserve to have a Senator in place on day one. Only Sen. Garcia can ensure that happens.

Alvarado claims poll lead in SD06

From the inbox:

Rep. Carol Alvarado

A new Public Policy Polling survey of 589 voters in Texas’s 6th Senate District shows Carol Alvarado leading Ana Hernandez by a 2-1 margin, 38% to 22%. 41% of voters are undecided.

Alvarado’s margin is driven by leads among several demographic subsets – she leads 38-22 among women and 38-21 among men. She leads among Democrats 48-24 and among independents 26-17. Alvarado leads among Hispanics 41-28, among whites 27-12, and she leads among African-Americans by a 46-11 margin.

Public Policy Polling surveyed 589 voters in Texas’s 6th Senate District from April 9th to 11th, 2018. The margin of error for the survey is +/- 3.7%. The survey was conducted in English and Spanish using automated telephone interviews. This survey was conducted on behalf of the Carol Alvarado Campaign.

Just so we’re clear:

1. We still don’t know when this election will be, though right now signs point to “later” rather than “sooner”.

2. There will be other candidates in this race. Even if they’re all no-names, that will skew things.

3. Modeling turnout in special elections is really tricky.

Having said all that, feel free to enjoy or complain about this poll as you see fit.

Still waiting for those other special elections

Ross Ramsey returned to a frequent topic a few days ago.

Sen. Sylvia Garcia

State Sen. Carlos Uresti, D-San Antonio, was found guilty of 11 felonies earlier this year. He has not yet faced sentencing and says he will appeal the convictions on charges including money laundering and fraud. He’s not required to quit the Senate in the face of that, but it’s safe to say many of his colleagues are eager to see him go. Lt. Gov. Dan Patrick stripped him of his committee assignments, and the Senate Democratic Caucus called on him to quit.

The other potential resignation is a happier story: State Sen. Sylvia Garcia, D-Houston, won her party’s nomination to succeed the retiring Gene Green in the U.S. House. It’s a Democratic district, but she’ll face the winner of a Republican primary in November’s election. And in the unlikely event that Garcia were to lose that race, she would still be a state senator; her term in the current job doesn’t end until 2021.

Without putting their names to their words, many of Garcia’s colleagues are hoping she’ll quit early, allowing a replacement to be seated before the Legislature convenes in January.

“A vacancy is never politically helpful, but no one is more harmed than the constituents who are in that district, who have zero representation,” said Harold Cook, a longtime Democratic operative and one-time staffer to the Senate’s Democratic Caucus. “Aside from the fact that it kind of screws with a few majority votes, and that is not unimportant, you’re leaving Texans with no representation — and you don’t have to.”

The idea is that Garcia’s election to Congress is all but certain and that her timely resignation would position Democrats in the Texas Senate at full strength next year, instead of leaving them waiting on a special election to fill her seat. Or Uresti’s seat, for that matter.

Since he wrote that, we have gotten an update on SD06. Also from Ross Ramsey:

A one-seat pickup [in the Senate] would leave the Democrats one vote short of the number needed to force debate. It would also put them in position, if they could hold their own folks together, to block debate by luring one Republican to their side.

Another way to put it: Neither the Republicans nor the Democrats would have any wiggle room — a generally rotten prospect for a group since it empowers any one member to hold an issue hostage by saying, “Do it my way or lose my vote.”

If the Democrats were to win more than one seat now held by Republicans, the Texas Senate would be back in the position it was in for years — when nobody could get an issue to the floor without brokering enough of a compromise to convince a supermajority that the issue is worth hearing.

That’s been used to keep all kinds of things — not all of them partisan, by the way — from coming to the Senate floor for a vote. For a moment, think like one of the swamp creatures; sometimes, it’s safer not to vote on something controversial than it is to take a stand. The three-fifths rule provides a way to either work on a compromise or just walk away without any political bruises.

One needn’t agree with that to appreciate its political value.

But even a big Democratic day in November could leave crafty Republicans with some breathing room. Two Democratic senators who aren’t on the ballot this year — Sylvia Garcia of Houston and Carlos Uresti of San Antonio — are contemplating resignation.

Garcia won the Democratic nomination for a congressional seat in a district unlikely to elect a Republican to Congress. But she said [last] Thursday, in an interview with The Texas Tribune’s Evan Smith, that she won’t resign until after the Nov. 6 election. She said she’s doing that out of consideration for the voters and doesn’t want to presume what they’ll do. If she wins and then resigns, it’ll take a special election to replace her — one that would likely leave her seat in the Senate empty for the early days of the legislative session.

Gotta say, I’m disappointed to hear that. I really believed Sen. Garcia would step down in a timely fashion, perhaps after the May 22 primary runoffs, to allow a successor to be in place by January. If she does wait till November to step down, then the Leticia Van de Putte experience kicks in, where the special election is in January and the successor is installed in March; that runoff actually happened in February, but the swearing-in didn’t take place till after the official canvass. As Ramsey goes on to say, even if the Dems have picked up one or more seats, they’d lose the numerical advantage if the Garcia and Uresti seats are empty.

So yeah, the timing up front can have a big effect on the back end, and that’s before we take into account the subsequent vacancies that may be caused by the Garcia and Uresti specials. I appreciate Sen. Garcia’s position. It’s honorable and respectful. It’s also completely impractical, and potentially very damaging. I really, really hope she reconsiders.

Endorsement watch: Ana’s army

Re. Ana Hernandez

Two weeks ago, I noted an email sent out by Rep. Carol Alvarado containing a long list of current and former elected officials as well as other prominent folks who had endorsed her candidacy for SD06, for when Sen. Sylvia Garcia steps down after being elected in CD29. I assumed at the time that Rep. Alvarado’s main announced rival, Rep. Ana Hernandez, would follow suit with her own list, and so she has. Rep. Hernandez’s list contains more members of the State House, and at least two people that I spotted – HCC Trustees Eva Loredo and Adriana Tamez – who also appear on Alvarado’s list. I’m not sure if that’s an “oops!” or a change of heart, but I’ll leave it to the people involved to sort it out.

As I said with Rep. Alvarado’s list, this is a show of strength. I suspect lists like these tend to have a marginal effect on voters – as much as anything, it’s about fundraising ability – but it’s a bad look for you if your opponent, who is also your colleague, has such a list if you don’t have one, so here we are. The combined force of the two lists will act as a barrier to other candidates – not for nothing, but all of the other State Reps whose districts are in SD06 are on one of these lists or the other – though as noted before that’s not an absolute barrier. I’ll say again, this is a tough choice between to very excellent candidates.

Meanwhile, in other endorsement news:

Twenty-two of the 55 Democratic state representatives on Wednesday endorsed former Dallas County sheriff Lupe Valdez for governor, as Valdez faces Houston entrepreneur Andrew White in a May 22 runoff.

The winner of the runoff will be the Democratic nominee who will face Republican incumbent Greg Abbott in the November general election.

The endorsements highlighted how both candidates are pushing to raise campaign funds and for endorsements with just less than two months to go before the runoff, in a race that has so far been mostly low-key.

The new endorsements include Reps. Roberto Alonzo, Rafael Anchía,Victoria Neave and Toni Rose of Dallas; Diana Arévalo, Diego Bernal, Ina Minarez and Justin Rodriguez of San Antonio; César Blanco, Mary Gonzales and Evelina Ortega of El Paso; Terry Canales of Edinburg; Nicole Collier of Fort Worth; Jessica Farrar and Ron Reynolds of Houston; Ryan Guillen of Rio Grande City; Gina Hinojosa, Celia Israel and Eddie Rodriguez of Austin; Mando Martinez of Weslaco; Sergio Muñoz of Palmview, and Poncho Nevárez of Eagle Pass.

[…]

Valdez has won the endorsements of the Texas AFL-CIO, Planned Parenthood Texas Votes, Texas Tejano Democrats, Gay & Lesbian Victory Fund, and Stonewall Democrat chapters in Houston, Dallas, Denton, San Antonio, and Austin.

White has been endorsed by the Houston GLBT Political Caucus, former rival Cedric Davis Sr., former lieutenant gubernatorial candidate Michael Cooper as well as the Harris County Young Democrats, the Houston Stonewall Young Democrats and the state’s three largest newspapers, including the Houston Chronicle.

I said my piece in the precinct analysis of the Governor’s race. Given what we saw, the runoff is Valdez’s race to lose. Give me some runoff debates, that’s all I ask.

Endorsement watch: Alvarado’s army

Rep. Carol Alvarado

Rep. Carol Alvarado has released a long list of supporters for her campaign to succeed Sen. Sylvia Garcia in SD06. This is clearly a show of strength on Alvarado’s part – the list includes the three most recent Mayors of Houston, four of her State House colleagues, Commissioner (and former Sen.) Rodney Ellis, and a bunch of other current and past office holders. One thought that struck me as I read this was a reminder that Alvarado had been the runnerup the last time SD06 came open, losing in a special election runoff to Sen. Garcia. People had a hard choice to make in that election between two very good and well-qualified candidates, and Sen. Garcia emerged victorious. People will once again have a hard choice to make in that election between two very good and well-qualified candidates, and it may be that the bulk of those who are prominent and being public about it are going to Rep. Alvarado.

That’s hardly the final word, of course. There are plenty of people not on Rep. Alvarado’s list, and I’m sure Rep. Ana Hernandez will have her own impressive cadre of supporters. In fact, later in the day Rep. Hernandez sent out this fundraiser email that touted Mayor Turner as the special guest. That email references her HD143 campaign, with no mention of SD06, but you can draw your own inferences. Like I said, both she and Rep. Alvarado are strong candidates. Rep. Alvarado’s opening salvo may have the effect of scaring off other potential candidates, but there’s no guarantee of that, as Sen. Garcia herself could testify from CD29. All I’m going to say at this time is the same as what I said the last time we had one of these elections, which is that I’m glad I was redistricted into SD15 so I don’t have to take a side myself.

The race for SD06 has already begun

Here’s State Rep. Ana Hernandez on Facebook:

The Trib has picked up on this as well. Not long thereafter, I received this in my mailbox:

Dear Friends,

I would like to congratulate State Senator Sylvia Garcia on her hard-earned victory for the Democratic nomination for the 29th District of Texas in the U.S. House of Representatives. Sylvia Garcia is well on her way to becoming the first Latina to represent the 29th District. I am very confident she will be a fighter for us in Washington D.C. and stand up to Donald Trump and fight for the working families of our community. I am proud to have endorsed her and campaigned with her, and I look forward to working with Congresswoman Garcia when she is sworn into office.

It is now likely that there will be a vacancy and I am taking this opportunity to formally announce our campaign to become the next Senator from District 6.

(Click here to view my announcement.)

There’s more, but you get the idea. I am sure this will not be the end of it – Rep. Armando Walle had been briefly in for CD29 when it came open, so I have to assume he’ll take a long look at SD06 as well. We are of course all assuming that Sen. Garcia, who is the nominee for CD29 but not yet officially elected to that position, will step down at some point in the near future, to allow her eventual successor to get elected in time for the 2019 session. I discussed this at some length in November, when Sen. Garcia first jumped in for CD29. I see no reason why Sen. Garcia can’t or shouldn’t step down sooner rather than later – it would be awesome to have the special election to succeed her in either May or November, so everyone can be in place for the opening gavel of 2019 – but the decision is hers to make. What we know now is that people are already gazing at her as we await said decision. KUHF has more.

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

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

Sheriff Lupe Valdez

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

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

Valdez could not be reached for comment Wednesday night.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rep. Walle files for re-election, not CD29

From the inbox:

Rep. Armando Walle

State Representative Armando Walle (D-Houston) released the following statement to announce his run for re-election to the Texas House of Representatives:

After much consultation and consideration with my family, friends, and community, I have decided to run for re-election to the Texas House to represent House District 140 for my sixth term. My experience and knowledge will be more important than ever given the work that remains at the state level in the aftermath of Hurricane Harvey as well as in our fight for strong neighborhood schools, good-paying jobs, and quality healthcare for our families.

Through 9 years in elected office, my passion for serving and representing the neighborhoods where I grew up has not wavered. From helping lay ground work for the Aldine Town Center, to taking out water utilities preying on customers, to refurbishing cherished neighborhood parks, I hope my neighbors in north Houston and Aldine will send me back to keep working hard for them in Austin.

Over the years, I have had the opportunity to meet with my neighbors and community members of north and east Harris County where we live, work, and worship. We will dearly miss Congressman Gene Green’s experience, strong work ethic, and commitment to the people of the 29th Congressional District of Texas. Since his retirement announcement, I have seen optimism and excitement for a new generation of leadership. I look forward to continuing engagement with the community on how we can best move forward.

Rep. Walle had originally announced his intention to run in CD29. I presume he has assessed the landscape and come to the conclusion that Sen. Sylvia Garcia was a strong favorite to win, and as such it made more sense to return to his current position. Among other things, this means he could later run in a special election for SD06 after Garcia steps down, without automatically giving up his seat. I think we can say at this point that no one with a realistic chance of winning in CD29 is likely to file at this point. As a fan of Rep. Walle’s, I’m glad he’ll still be around in the Lege.

The potential Sylvia effect

Sen. Sylvia Garcia

As we know, Rep. Gene Green is retiring, and as we also know, Sen. Sylvia Garcia is one of the contenders to succeed him. As noted before, this is a free shot for Garcia, as she would not otherwise be on the ballot in 2018. If she loses, she gets to go back to being Sen. Garcia, until she has to run again in 2020. The same cannot be said for at least one of her opponents, Rep. Armando Walle, who will not file for re-election in HD140 as the price for pursuing CD29. Unlike Garcia, the downside for Walle is that he would become private citizen Walle in 2019. The same is true for Rep. Carol Alvarado if she joins in.

This post is about what happens if Sen. Garcia wins, because unlike the losing scenario she would step down from her job. Again, the same is true for Rep. Walle, but the difference is that Walle’s successor will be chosen (or headed to a runoff) at the same time Walle’s fate is decided. His successor will be in place to take the oath of office for HD140 in January of 2019, having been officially elected in November.

There is no potential successor for Garcia on the horizon, because her term is not up till the 2020 election. There will only be a need for a successor if she wins. Because of this, the process will be different, and Garcia has some control over it.

For these purposes, we will assume Garcia wins the primary for CD29, which is tantamount to winning the general election; the Rs don’t have a candidate as of this writing, and it doesn’t really matter if they come up with one, given the partisan lean of the district. So what happens when Sylvia wins?

Well, strictly speaking, she doesn’t have to resign from the Senate until the moment before she takes the oath of office for CD29. At that moment, her Senate seat will become vacant and a special election would be needed to fill it. That election would probably be in early March, with a runoff in April, leaving SD06 mostly unrepresented during the 2019 session.

Of course, there’s no chance that Garcia would resign in January. Most likely, she’d want to act like a typical Congressperson-elect, which would suggest she’d step down in November, probably right after the election. That would put SD06 in roughly the same position as SD26 was in following Leticia Van de Putte’s resignation to run for Mayor of San Antonio. The special election there was on January 6, with eventual winner Jose Menendez being sworn in two months later.

She could also resign earlier than that, perhaps after she wins the nomination in March or (more likely) May. Doing that would ensure that her successor was in place before January; indeed, doing it this way would give her successor a seniority advantage over any new members from the class of 2018. I think this is less likely, but I’m sure she’d consider it, precisely for that reason.

Whatever schedule to-be-Rep. Garcia chose to leave the Senate, we would not be done with special election considerations. As was the case with SD26 in 2015, it is at least possible that Garcia’s eventual successor would be a sitting State Rep, which means – you guessed it – that person would then resign that seat and need to be replaced. We could wind up having quite the full calendar through 2018 and into early 2019. The second special election would not be a sure thing, as one top contender could well be soon-to-be-former Rep. Walle, who will spend the next few months campaigning in that area – CD29 and SD06 have quite a bit of overlap – but I figure Reps. Carol Alvarado and Ana Hernandez would be in the mix as well, possibly Jessica Farrar, too.

So there you have it. We could have up to four extra elections in the next twelve to fourteen months. Be prepared for it

Time once again to discuss Latino political participation

Let’s jump right in.

Ed Gonzalez

Ed Gonzalez

The long wait continues for Houston and Harris County residents eager for a steep uptick in elected Latino representation.

Hispanic residents last year were 42 percent of the county population, up from 23 percent in 1990, yet Houston has yet to elect a Latino mayor, and no at-large City Council members are Hispanic.

At the county, low-profile Treasurer Orlando Sanchez is the lone countywide Latino elected official, judges aside. Even Harris County’s congressional delegation lacks a Hispanic member.

By January, however, that will change. Four of the area’s most prominent public officials are going to be Latino, thanks to three recent Houston appointments – Police Chief Art Acevedo, Fire Chief Samuel Peña and school Superintendent Richard Carranza – paired with the election of Ed Gonzalez as county sheriff.

University of Houston political scientist Jeronimo Cortina framed the rise of these leaders as providing an opportunity to boost Hispanic civic engagement.

“It’s going to send an empowering message to Latino kids that they can do it. It doesn’t matter how you look or where you come from,” said Cortina, who specializes in American and Latino politics. “People are going to get motivated, especially the young generation.”

Hispanics punch below their weight at the ballot box nationally and locally, where voters with a Spanish surname represent just 21 percent of registered voters despite being a plurality of Harris County residents, according to Hector de Leon, who directs voter outreach for the county clerk’s office.

That relatively low percentage has grown, however, as the region’s young Latino population has come of age.

Spanish-surnamed voters now make up 31 percent of Harris County registered voters between the ages of 18 and 24, according to de Leon, and a quarter of registered voters between ages 25 and 29. The share of Spanish-surnamed registered voters drops below 21 percent only among voters ages 50 and above.

Even so, voters with a Spanish surname made up just 17 percent of Harris County’s early vote this year, de Leon said. Election Day data was not available.

“If you engage Latino voters at this early age and excite them to participate politically, civically, then you’re going to be creating a very robust voting bloc that is going to be the future of the state,” Cortina said.

I don’t have sufficient data to make any firm statements about how Latino voting this year compared to 2012. That really has to be done at the individual precinct level and with the full roster of all voters. What I can do is note that in the most heavily Latino districts, participation was up this year over 2012:

CD29 – 117,291 votes from 239,552 voters in 2012; 136,801 votes from 264,213 voters in 2016

SD06 – 137,993 votes from 284,248 voters in 2012; 158,365 votes from 311,045 voters in 2016

HD140 – 24,213 votes from 53,338 voters in 2012; 28,652 votes from 59,339 voters in 2016
HD143 – 31,334 votes from 62,715 voters in 2012; 34,279 votes from 65,713 voters in 2016
HD144 – 24,673 votes from 54,579 voters in 2012; 28,120 votes from 57,173 voters in 2016
HD145 – 30,346 votes from 60,056 voters in 2012; 35,918 votes from 66,975 voters in 2016
HD148 – 40,230 votes from 71,705 voters in 2012; 49,819 votes from 79,995 voters in 2016

This is a crude measurement in several ways. For one thing, there’s a lot of overlap between CD29, SD06, and the five State Rep districts. For another, just because there were more voters doesn’t mean there were more Latino voters. Voting was up overall in Harris County thanks in large part to a significant increase in voter registrations. I haven’t compared the increases in these districts to the others to see where they fall proportionally. The point I’m making is simply that there were more votes and more voters in each of these districts, with the turnout rate being a bit higher in each place as well. It’s a start, and a step in the right direction.

As for the issue of Latinos in city government, I’ve said this before and i’ll say it again: Part of the issue is that there aren’t many Latinos who run for Council outside of Districts H and I. Roy Morales has made it to the runoff of two At Large races, in #3 in 2013 and in #4 in 2015, but that was because he nudged into second place ahead of a large field of other candidates and behind a clear frontrunner who then easily defeated him in the second round. Moe Rivera ran for At Large #2 in 2013 and 2015, finishing third out of four in 2013 and last out of five in 2015. Roland Chavez was one of the candidates Roy Morales nosed out in 2013. And of course there was Adrian Garcia running for Mayor last year, and I think we all understand by now why he didn’t do as well in that race as he might have hoped.

That’s pretty much it for Latino citywide candidates in the last two elections. Way back in 2009, when we were first talking about expanding Council from nine districts to 11, I asked Vidal Martinez why people like him didn’t do more to support Latino candidates who ran for At Large seats. I still don’t know what the answer to that question is.

Early voting is up in the special election runoffs

Make of that what you will.

Rep. Trey Martinez-Fischer

Rep. Trey Martinez-Fischer

If three days of early voting are any indication, the tense runoff fight for the state Senate 26 seat between Trey Martinez-Fischer and José Menéndez is attracting more voters than cast ballots in the first round election on Jan. 6, the result of record spending in the campaign that has pitted two Bexar County Democratic members of the House against one another in the fight to succeed departing Sen. Leticia Van de Putte, who is running for mayor.

The Jan. 6 state Senate ballot included two Republicans, Alma Perez Jackson and Joan Pedrotti, and a third Democrat, Al Suarez. Voter turnout was a miserable 5%. The five candidates in the first round drew only 19,158 voters, including 8,215 early voters. Martinez-Fischer finished well ahead of Menéndez and the others with 8,231 votes, or 43.28%. Menéndez finished a distant second with 4,824 votes, or 25.37%.

Special elections seldom draw many voters, and in most cases, a runoff would draw even fewer voters with one party knocked off the ballot. This time it’s different. A total of 6,977 people voted in the first three days of early voting this week, which continues today and Friday. At the current pace, that would add up to more than 11,000 early votes, or a 35% increase in the early turnout. If the same increased turnout occurs on Election Day the race will draw more than 25,000 voters, still a low percentage of registered voters, but enough of an increase to suggest a tight race.

You know I can’t turn down an opportunity like that to do some number-crunching. I looked at all the special legislative elections that included runoffs since 2010. Here are their respective vote totals:

Election Total Runoff Pct ===================================== SD22 5/10 29,851 24,557 82.3 HD14 11/11 13,519 6,736 49.8 SD06 1/13 16,369 18,141 110.8 HD50 11/13 14,936 10,520 70.4 SD04 5/14 30,348 22,605 74.5

“Pct” is the ratio of runoff turnout to total Round One turnout. Note that two of these special elections coincided with regular November elections, so it’s not terribly surprising that those runoffs lagged the most. Note also that the special election in SD06 in 2013 to succeed the late Mario Gallegos had higher turnout in the runoff than it did in the first round. That’s also the only race among these that was between two prominent Democrats, and as is the case this year it featured a nasty, negative overtime period. Not enough data to draw a firm conclusion, but the parallels are easy enough to see.

Having said all that, I kind of buried the lede a bit.

The increased turnout appears to be driven by negative campaigning and the role of outside money that aims to rally Republicans to cross party lines and vote for Menéndez. What’s different about this race is the role the powerful Texans for Lawsuit Reform (TLR), an ultra-conservative lobby, is playing, contributing more than $550,000 to finance broadcast ads and direct mail pieces attacking Martinez Fischer and supporting Menéndez. The Express-News reported Tuesday that more than $2.3 million has been spent on the race, including the TLR money that actually exceeds the $513,000 that Menéndez has spent to date.

[…]

Martinez-Fischer is a plaintiff’s lawyer and a vocal, at times coarsely spoken Mexican-American. He looks and sounds like a boxer. Menéndez, also a lawyer, is softer spoken and less combative. People who watch Austin politics more closely than I say newly elected Lt. Gov. Dan Patrick would prefer to keep Martinez-Fischer out of the Senate, which is now a bastion of ultra-conservative Republicans, who now outnumber Democrats 20-11. Regardless of the runoff outcome, the winner will be the least senior of the minority party, but Martinez-Fischer would be a thorn in Patrick’s side, while Menéndez has said he would cross party lines to try to be effective.

I’ve said all along that TMF was my preferred candidate in this race. I had and continue to have nothing against Menendez, and I seriously doubt he’d be any more supportive of the evil trolls that make up TLR if he wins than he was in the House. But maybe he’ll be a little more supportive of them than TMF would be, and a couple hundred thousand bucks isn’t even pocket change to these guys, so all in they go. (They were a presence in the SD06 race as well, much as head lice is a presence in most elementary schools.) The point I’m making here is that even though this runoff is to them a choice between two candidates with whom they have little in common, they didn’t sit it out. They picked their lesser evil and did what they do to support him, in the hope that if it pays off, they’ll have an ever-so-slightly better Senate from their perspective. Say what you want about these guys – and believe me, I think they’re a greedy, rapacious, destructive force, too – it’s hard to argue that their approach had been anything but a big success. There may be a lesson in there for us somewhere, I dunno.

Anyway. It’s hard to know what effect this may have on the HD123 runoff, as HD123 is almost entirely within SD26. Like SD26, most Dems won HD123 by about ten points in 2010, the main exceptions being Bill White, who won it by more than 20 points, and Barbara Radnofsky, who lost it by a half point to Greg Abbott. I expect Diego Bernal to win easily enough, but one should never take anything for granted. Get out there and vote if you didn’t already do so. As for HDs 13 and 17, other than this report on campaign finances in HD17, there’s precious little news out there. I’ll have final results when they come in.

Wait, there’s another special Senate election coming up?

Yes, there is. And you thought (okay, I had thought) SD04 was the last election till November.

Robert Duncan

The field is taking shape for the special election next month in Senate District 28, with at least five people announcing they’re running to replace Robert Duncan, who stepped down to lead the Texas Tech University System.

The filing deadline was 5 p.m. Friday, and the secretary of state’s office plans to release an official list of candidates later this week. Among those who’ve said they’ve filed: Republican state Rep. Charles Perry; Jodey Arrington, a former Texas Tech official and adviser to President George W. Bush; former Sweetwater Mayor Greg Wortham, a Democrat; former state Rep. Delwin Jones, the Republican whom Perry unseated in 2010; and Wolfforth resident Epifanio Garza.

Perry and Arrington are the early favorites, with both men getting into the race relatively early and each heading into July with about $200,000 in the bank. They’re expected to vie for GOP voters, with Perry tapping the tea party support he received during his run for the state House.

Last month, Gov. Rick Perry announced the election will be held Sept. 9, surprising some local Republicans who assumed he’d schedule it for November. Lucy Nashed, a spokeswoman for the governor’s office, said he picked the earlier date to ensure the winner could be sworn in before the beginning of the legislative session, even if a runoff occurs.

“Senate District 28 will gain seniority this way,” said Carl Tepper, chairman of the Lubbock County Republican Party. “This gives our guy a little of an advantage heading in to the session.”

Remember how long it took Perry to get around to scheduling the SD06 special election after the death of Mario Gallegos? God forbid a Republican Senate seat should sit open one minute longer than necessary.

This is a Republican seat, but unlike in SD04 there is a Democrat running, and if you read this profile of Greg Wortham, you’ll agree that he’s a Democrat worth supporting. Bill White scored 28.74% in SD28 in 2010, which needless to say isn’t close to winning but which ought to be good enough to get into a runoff. I don’t know how active Battleground Texas is in Lubbock – unfortunately, a Google search of “Battleground Texas Lubbock” and a look at the Lubbock County Democratic Party webpage and Facebook page don’t provide much fodder for optimism – but to whatever extent they hope to gig turnout for Wendy Davis and the rest of the Democratic ticket in November, they have a great opportunity to field test their methods next month, in the service of maybe getting a good Democrat into a special election runoff. I hope they take advantage of it.

Lawsuit filed over Senate map

From Texas Redistricting:

[Monday] morning, two Texas voters filed a suit in federal court challenging the state senate map drawn by the Texas Legislature on the grounds that it violated the equal protection guarantees of the Fourteenth Amendment by using total population rather eligible voters to draw districts.

The plaintiffs in the case are backed by the Project for Fair Representation, which also helped back Shelby County’s challenge to section 5 of the Voting Rights Act as well as efforts to overturn affirmative action policies at the University of Texas at Austin.

The Center’s press release announcing the new Texas suit can be found here.

More information here.

What’s at issue?

The plaintiffs argue that the current Texas senate map (Plan S172) must be redrawn using “eligible voters” rather than “total population” – the measure long used by the Texas Legislature – because the latter now results in districts with significantly differing numbers of voters.

By not using eligible voters, the plaintiffs say the Texas Legislature violated the “one-person, one vote” principle of the Constitution’s Fourteenth Amendment by allowing some voters’ votes to count for more than those of others.

Why are there disparities?

In Texas, the major driver of disparities in the number of eligible voters is the high number of non-citizens in parts of the state – mainly its urban and suburban cores. For example, in places like Dallas and Houston, commonly accepted estimates are that around half of adult Hispanics are non-citizens.

Of course, disparities also can exist for any number of other reasons, including higher numbers of children under 18 in fast growing parts of the state or a larger number of people who are unable to vote because of felony convictions.

However, differing citizenship rates are, by far, the largest driver of disparities in the number of eligible voters.

[…]

How would drawing districts using “eligible voters” change the current map?

At present, Texas senate districts have a target population of 811,147 people.

If courts were to require maps to be drawn using some measure of eligible voters, the target size of districts also would change.

For example, although Texas has over 25 million people, its citizen voting age population in the most recent Census Bureau report was estimated to be just 15,583,540. Using CVAP to draw districts would mean that each district would have a CVAP target of 502,695.

That target population would require significant reworking of districts that presently have large Hispanic populations.

In the Houston area, for example, SD-13, represented by State Sen. Rodney Ellis, has a CVAP population of only 419,035, and SD-6, represented by State Sen. Sylvia Garcia, fares even worse with just 377,505 citizens of voting age. Likewise, in the Dallas area, SD-23, represented by State Sen. Royce West, has just 456,955.

Even with permitted deviations from the target population, these districts would need to add population, mostly likely by drawing from neighboring Anglo-dominated districts. Though those people might or might not be Anglo, the need to add large numbers of people mean the demographics and electoral performance of the districts could change materially. In fact, the need to add people might very well jeopardize the protected status that those districts currently enjoy under section 2 of the Voting Rights Act.

In other words, this could be a very big deal not only for Hispanics but also potentially African-Americans.

There could be practical impacts as well for legislators since urban districts would likely end up with far greater numbers of total people – who, although they might not be able to vote, still have need for constituent services – and be much larger physically as well.

Wasn’t there a similar case recently about the same issue?

Yes. In fact, it involved many of the same players.

In Lepak v. City of Irving, the lawyers in the Texas senate case – also backed by the Project for Fair Representation – represented Irving residents in arguing that the city’s new single-member council district map was unconstitutional because it had been drawn using total population rather than CVAP.

Both the district court and the Fifth Circuit ruled against the Irving plaintiffs, citing the Fifth Circuit’s ruling in Chen v. City of Houston, which held that the question of whether to use total population or CVAP was a political question and thus not reviewable by courts.

The Irving plaintiffs sought to have the decision reviewed by the Supreme Court, but the high court declined last April to take the case.

However, the Texas senate case potentially represents another opportunity to have the Supreme Court take up the issue since any appeal would go directly to the Supreme Court as a matter of right.

More background on Lepak here.

There’s more at the link, but basically this is a nuisance action being brought by some professional grievance-mongers. It would serve them right not only to have the case dismissed with prejudice, but also to be assessed full court costs and attorneys’ fees for wasting everyone’s time. The Observer and Rick Hasen have more.

Sen. Sylvia Garcia

Sylvia Garcia has been sworn in to succeed the late Mario Gallegos in SD06.

Sen. Sylvia Garcia

Sen. Sylvia Garcia, D-Houston, took her place in the Texas Senate chamber Monday to succeed the late Mario Gallegos.

“We have 31 members. We are complete,” said Sen. Leticia Van de Putte, D-San Antonio.

Sen. John Whitmire, D-Houston, said, “Mario would be proud of this moment.”

Garcia, who is the seventh woman serving in the current Senate, expressed her thanks to her family members and voters in brief remarks.

“I believe in short and sweet,” she said.

Monday afternoon, Lt. Gov. David Dewhurst named her to the following committees: Government Organization, Intergovernmental Relations, Jurisprudence and Nominations.

Texpatriate, who has a photo of the swearing-in, was the first person I saw to report this. Congratulations, Sen. Sylvia Garcia. Go and do the great job everyone knows you will do.

Sen.-elect Garcia ready to get going

The only thing holding Sen.-elect Sylvia Garcia back at this point is the bureaucracy.

Sylvia Garcia

“Sylvia’s well poised to have an impact in the senate. For one thing, Senate districts are too big to ignore,” [Democratic political consultant Harold] Cook said. “When you come to Austin and you make a good case for yourself and your district, you have a pretty good shot of taking care of your folks back home. If you’re not too picky about who gets the credit around there, you can get a lot done.”

Though the formal March 8 deadline for filing bills will have passed when Garcia is sworn in, Cook said, professional courtesy would allow her to introduce legislation.

“Her challenge is going to be that she didn’t have the additional month that every other senator had in laying the groundwork to pass some of that legislation,” he said. “Even if you’re a new senator, you knew you were elected last November and you started talking to your fellow legislators and to constituents and to stakeholders about what you planned to do. There’s been no opportunity to do that for Sylvia.”

That said, Garcia’s experience, Cook said, will help her overcome the obstacle of having to parachute into the Senate mid-session.

[…]

Commissioners Court will meet March 9 to canvass the election results, after which Gov. Rick Perry will have until March 16 to follow suit; Garcia then would be sworn in.

As I said before, it’s ridiculous that the clear winner of a special election should have to wait that long to be sworn in when a session is already in progress. If the special election and runoff had proceeded at more urgent pace, with the runoff taking place at the end of January, I’d be slightly less miffed. But this is stupid and unnecessary. The election result is not in question. The people of SD06 should not be forced to wait up to two weeks for these formalities. Trail Blazers suggests that Garcia could be sworn in next week, which would be a shorter wait, but it’s still longer than it needs to be. Someone should file a bill to amend the election code to allow for an expedited swearing-in under these conditions. That person better hurry, because by the time Sen.-elect Garcia gets to drop the “-elect” from her name, it’ll be too late.

Sylvia Garcia wins SD06 runoff

Congratulations, Sen.-elect Sylvia Garcia.

Sylvia Garcia

Former Harris County Commissioner Sylvia Garcia beat State Rep. Carol Alvarado in the runoff race for the Senate District 6 seat, according to preliminary results.

Garcia earned 53 percent of the vote, compared to Alvarado’s 47 percent with 95 percent of precincts counted, according to the Harris County Clerk.

Shortly after Saturday’s race Alvarado tweeted: “I go back to Austin on Monday, and I won’t skip a beat!”

Garcia told her followers: “I’m so proud that you chose to send me to the Texas Senate. I will never stop fighting for you!”

[…]

More than 17,500 voters cast ballots in the runoff.

The final total was just over 18,000 votes, of which a bit more than 9.500 were cast early. Both were improvements over the January election, with the runoff turnout exceeding Round One by nearly 2,000 votes. I’ll note that I called it on the higher turnout.

Now here’s the bad news:

Harris County has 10 days to canvass the results after Saturday’s contest, and Gov. Rick Perry’s office of has an additional four days. The winner cannot take her oath until the governor’s canvass, which means the victor will not be able to file any bills after taking office.

Cripes. After all this time, we still have to wait another two weeks for SD06 to be represented. If Sen.-elect Garcia were able to file bills, I’d recommend that her first would be to amend the special election procedure to allow for an immediate swearing in when a special election to fill a vacancy occurs during a session and there’s no question of a recount or other challenge to the election to fill that vacancy. I mean seriously, in a just world Garcia would be sworn in on Monday. Maybe one of her colleagues-to-be can file this legislation on her behalf, or perhaps Rep. Alvarado can do it as a gesture of letting bygones be bygones. In any event, congratulations and best wishes to Sen.-elect Garcia, and my thanks to Rep. Alvarado, who I’m glad to say will still be my State Rep, for her candidacy. PDiddie, who was following the results last night, has more.

Today is Runoff Day in SD06

From the inbox:

Harris County’s Chief Election Official Stan Stanart reminds eligible voters in State Senate District 6 that the last day to vote in the Special Runoff Election is Saturday, March 2, 2013. Polls will be open from 7 a.m. to 7 p.m. and voters must vote at their precinct polling location.

“If you are qualified to vote in the runoff election and have not voted, Saturday is your last chance,” said Stanart who is also the County Clerk. “I encourage all eligible voters who reside within the boundaries of Senate District 6 to vote. In a low turnout election, every vote is significant.”

Despite an abbreviated 7 day early voting period, the number of persons processed to vote during early voting for the runoff election topped the number of voters processed during the 12 day early voting period in the first round of voting, 5,526 to 5,369. Additionally, more voters have requested and returned mail ballots for this runoff election than those in the first round of voting. “Thus far, voter participation in SD6 is increasing, which is unusual in that runoff elections tend to attract fewer voters,” asserted Stanart.

Stanart also reminds Senate District 6 voters who requested a mail ballot but did not mail it in time, that they can take the mail ballot to their Election Day poll and vote a regular ballot. “If a voter who requested a mail ballot does not take the mail ballot to the poll the voter will have to vote a provisional ballot,” explained Stanart.

On Election Day, voters must vote in the polling location in which their precinct is voting. To find your Election Day polling location, voters should visit www.HarrisVotes.com or call 713 755 6965.

The Clerk’s office has now published this spreadsheet of Election Day polling locations, so check to see where you need to go before you head out to vote. For all the complaints people may have about the delay, the process, the candidates, whatever, the important thing is that in a few hours the people of SD06 will be represented again. I’m going to be away from the Internet for a few hours this evening, so I won’t be able to post about the result until late. Feel free to keep track of things in the comments. Good luck to Carol Alvarado and Sylvia Garcia, and may the best candidate win.

UPDATE: Sylvia Garcia is the winner. Congratulations to her.

Early voting ends in SD06

Early voting ended in the SD06 runoff yesterday. As of when I went to bed, the final daily totals had not been sent out – the daily totals as of Monday, which are here, hit my inbox at 9:30 AM Tuesday, so I don’t really expect them till some time today. I’ll update this post after they arrive. As a reminder, here’s the final report from the first round. My guess is that Campos is right and the final total for the runoff will be at or slightly above that of Round One.

Election Day is this Saturday, March 2, from 7 AM to 7 PM. You can see a list of polling places here. The accompanying email from the County Clerk’s office emphasized that this was not final and could change, so be sure to doublecheck before you head out.

In other news, Sylvia Garcia got a late endorsement from the Texas Federation of Teachers. One never knows how much of an effect endorsements will have, but my general rule, especially for a low-turnout affair, is better to have them than not. Both candidates made appearances on KUHF this week, Garcia on Monday morning and Carol Alvarado on Tuesday. You can hear Garcia’s segment here, and Alvarado’s here. Both are very much on the attack – see PDiddie and this Chron story from today for the latest, if that sort of thing interests you. I for one will be glad when all of the nasty ads are done running on TV, in particular all the ads during basketball games on ESPN and CSN Houston. That’s the problem with live sporting events, you can’t zap the commercials. Be that as it may, the SD06 vacancy will be filled on Monday, when the victor is sworn in. Depending on the outcome, we may then have a vacancy in HD145 to deal with, but I’m quite certain that election, if one is needed, won’t be until November. Feel free to post your prediction in the comments.

UPDATE: Here are the final early vote totals for the runoff. So far, 8,780 ballots have been cast, which is a bit more than 500 higher than Round One. Given that some 2,500 mail ballots are still out, I’ll estimate that the ultimate early total will be about 9,000 by Saturday, also about 500 higher than before. We’ll see if that translates to a slightly higher final turnout.