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special election

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.

Flores defeats Gallego

I don’t even know what to say. This is a filthy result, one that can’t be repaired until 2020. I don’t know what happened, but it was a race we should not have lost. I don’t think one ugly loss invalidates everything else that’s been going on, but it sure is a turd in the punch bowl, and the reaction to it is going to be brutal. Now Dems are going to have to flip a Republican-held Senate seat just to stay even. Just terrible.

UPDATE: Something that occurred to me after I went to bed was that it was unusual for this runoff to be held on a Tuesday, as runoffs are almost always on Saturdays. The effect of having this on a Tuesday is that there were no weekend days for voting – early voting for this was Monday to Friday last week. It’s still a disgrace that Gallego lost, but if you wanted to engineer an election for low turnout, this is how you would do it.

It’s Runoff Day in SD19

This is an important election.

Pete Gallego

The aggressive drive by top Texas Republicans to flip a Democratic-friendly state Senate seat will culminate Tuesday as their candidate, Pete Flores, faces Democrat Pete Gallego in the final round of a special election.

The runoff for Senate District 19 will determine the successor to former state Sen. Carlos Uresti, D-San Antonio, who resigned earlier this year after 11 felony convictions. But the contest also has implications for the balance of power in the upper chamber, where the GOP is heading into the November elections with a tenuous hold on their supermajority.

As a result, GOP leaders have lined up behind Flores, a former state game warden who unsuccessfully challenged Uresti in 2016, and in some cases, activated their own campaign machinery to help him against Gallego. The Democrat is a former congressman from Alpine who previously represented the area for over two decades in the Texas House.

The GOP believes the all-hands-on-deck effort has put the seat within reach.

“We feel good about where we are,” Flores strategist Matt Mackowiak said. “If Republicans turn out on Tuesday, we will win and elect a conservative from SD-19 to the Texas Senate.”

Democrats have also mobilized, well aware of the GOP heavyweights on the other side and the anything-can-happen nature of special elections.

“This is a Democratic district, we expect it to perform like a Democratic district, but we cannot take anything for granted and that’s why we’re working hard,” said Manny Garcia, deputy executive director of the Texas Democratic Party.

See here for the previous update. This is, in a Presidential year, a 10-12 point Democratic district. Not insurmountable, but pretty solid. In a bad year like 2014 was, it’s basically 50-50. Gallego goes into this runoff as the favorite on the numbers, and he’s quite familiar with running in tight circumstances, but it is certainly possible he could lose. If that happens, that would be a big damper on any pro-“blue wave” story line for Texas. Dems collectively did just fine in Round One, outperforming the Presidential year baseline by a couple of points. And for all their big talk, Republicans did everything they could to win without having to run, which suggests that maybe the big talk is just that. As is always the case with special elections and runoffs, it’s all about who shows up. I’ll have the result tomorrow.

Early voting has begun for SD19 special election runoff

Don’t lose sight of this election.

Pete Gallego

A strong yet unsuccessful showing in 2016 against incumbent Carlos Uresti was enough to convince Pete Flores to take another shot at Uresti’s State Senate seat, this time in a special election to complete the former senator’s term.

With early voting beginning Monday for the Sept. 18 runoff, Flores faces Democrat and former Congressman Pete Gallego in Democratic-leaning District 19, which covers all or parts of 17 counties from Bexar to the Mexican border and the Big Bend country. But Flores was the top vote-getter in July’s first round of voting and is banking on his grassroots campaign to send him to Austin.

“Special elections are a different animal,” Flores said. “All assumptions get thrown out the window.”

[…]

When Flores challenged Uresti in 2016, he got 40 percent of the vote. “That’s a pretty good chunk of votes in Southwest Texas,” Flores said.

[…]

Ahead of the runoff, Gallego spoke with the Rivard Report at his Southside campaign office before block-walking with more than 20 volunteers and supporters, including Bexar County Sheriff Javier Salazar and County Democratic Chair Monica Alcantara.

“Opportunity means jobs, the economy, education,” he said. “It means making sure everyone has the opportunity to live out what I call the American dream.

“I also want to make sure we live up to promises made to the people to whom we owe a great deal of obligation – our seniors who built our country and made it what it is, and veterans who’ve done the same.”

Gallego is confident that Democrats will get out and vote on Sept. 18. He described District 19 as a “60/40 district,” with Democratic voters making up the majority.

“In an emergency special election, it may be a little tighter, but if at the end of the day we do what we need to do, we’ll win,” he said.

Flores did indeed get 40% in 2016 against the disgraced Carlos Uresti, though that was actually a bit below what other Republicans did in the district. He also got 34.35% in the July election, and while that was enough to lead the field, it was still a notch down from his 2016 performance. The four Dems in the race combined for 59.6%, to the three Republicans’ 39.4%, or right about where Gallego estimated the partisan ratio is. I’d call that a bit on the high end, as Dems won by about ten points pretty consistently in both 2012 and 2016. As such, the July performance for Dems was above the baseline by several points, more or less in line with other elections over the past year and a half. That said, special elections and runoffs are their own thing, and nothing should be taken for granted. Gallego got the Express News endorsement, and as far as I can tell is doing the kind of campaigning one needs to do in this kind of race. If you live in the district or know someone who does, you have till Friday to vote early, and Tuesday the 18th to vote at a precinct location. Don’t miss out.

The Republicans really, really want to win SD19 by forfeit

Sure is what it looks like.

Pete Gallego

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

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

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

[…]

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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.

SD19 runoff date set

Mark your calendars.

Pete Gallego

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

Early voting will run Sept. 10-14.

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

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

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

State GOP sues to toss Gallego off SD19 runoff ballot

Oh, good grief.

Pete Gallego

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

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

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

[…]

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

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

Gallego versus Flores in the SD19 runoff

Get set for a noisy runoff.

Pete Gallego

Republican Pete Flores and Democrat Pete Gallego are headed to a runoff in the special election to replace convicted former state Sen. Carlos Uresti, D-San Antonio.

With all precincts reporting Tuesday night, Flores led Gallego by 5 percentage points, 34 percent to 29 percent, according to unofficial returns. At 24 percent, state Rep. Roland Gutierrez of San Antonio came in third in the eight-way race, and he conceded in a statement. The five other candidates were in single digits, including Uresti’s brother, outgoing state Rep. Tomas Uresti of San Antonio.

The first-place finish by Flores, who unsuccessfully challenged Carlos Uresti in 2016, is a boon to Republicans in the Democratic-leaning district. In the home stretch of the race, he benefited from a raft of endorsements from Texas’ top elected officials including Gov. Greg Abbott, Lt. Gov. Dan Patrick and U.S. Sens. John Cornyn and Ted Cruz.

[…]

Flores, a former Texas game warden, was the best-known of three Republicans on the ballot Tuesday. He received 40 percent of the vote against Carlos Uresti two years ago in SD-19, which encompasses a 17-county area that starts on San Antonio’s East Side and sprawls hundreds of miles west.

Flores is being given a lot of credit for finishing first and for leading the vote on Tuesday, likely helped by the late endorsements he got from Greg Abbott and Dan Patrick. That said, he was (barely) in third place after early voting, and the overall partisan tally was 59.3% to 39.6% for the Democratic candidates combined versus the Republicans. That’s in a district that went for Carlos Uresti 55.9 to 40.4 in 2016 (and Uresti was the best-performing Dem in 2016), and was basically 50-50 in 2014. In other words, Dems outperformed their 2016 baseline by four points (more like seven points if you compare to other races) and outperformed their 2014 baseline by about 19 points. Call me crazy, but that doesn’t look like a bad result to me.

Now of course, the Republicans are going to pour a bunch of money into the runoff, in part because Flores made a decent showing and in part because winning that seat (which won’t come up for election again until 2020) would give them a commanding 21-10 margin in the Senate pending any Democratic pickups this November. This seat has a lot of value, in both real and symbolic terms. Pete Gallego is the favorite, but nothing can be taken for granted here. I don’t know exactly when the runoff will be, but this is the race you need to be paying attention to right now.

Checking in on SD19

Election Day is Tuesday.

Carlos Uresti

Long before the seat opened up here in Texas Senate District 19, state Rep. Roland Gutierrez was traveling the massive district, making friends as far west as Big Bend National Park’s Brewster County in anticipation of the fate that would ultimately meet the embattled incumbent, Carlos Uresti.

Late Thursday morning, though, Gutierrez found himself much closer to home, knocking on doors in the heart of his House district on San Antonio’s southeast side, where he encountered a number of familiar faces. He reminded them he has represented them for 13 years — three as their City Council member, 10 as their state representative.

Gutierrez is going to need all the support he can get in the area Tuesday, when voters head to the polls in the eight-way race to replace Uresti, who resigned last month after being found guilty of 11 felonies including securities fraud and money laundering. Gutierrez’s toughest opponent is fellow Democrat Pete Gallego, who entered the abbreviated special election with loads of name recognition as a former congressman and longtime state lawmaker from West Texas.

“I don’t think there’s any doubt in anyone’s mind that we’re the underdog in this thing,” Gutierrez said in an interview, noting the millions of dollars that have been spent in Gallego’s congressional races building his name ID in the area. “At the end of the day, you need more than that. You need certainly all of the elements of character and integrity and desire, but you’ve got to put in the work.”

Complicating the dynamic between Gallego and Gutierrez is a growing Republican effort to unify behind a single candidate — Pete Flores, who ran against Uresti in 2016 — and send him to a runoff in the Democratic-leaning district. That movement became clearer than ever Thursday when Lt. Gov. Dan Patrick jumped into the fray, endorsing Flores over his two lesser-known GOP rivals.

“We feel like we’re likely in the range and we have a good chance to be in a runoff,” said Matt Mackowiak, a Republican strategist working for Flores. “We’re doing more this week than we’ve ever done.”

[…]

Gutierrez outspent Gallego more than 2 to 1 in the first 21 days of July — $251,000 to $97,000 — working to overcome his disadvantages, according to their latest filings with the Texas Ethics Commission. Part of Gutierrez’s spending went toward a TV buy attacking Gallego as a “career politician,” telling voters they “fired him from Congress, and now he wants to bring his tired ideas to our Texas state Senate.”

Gallego, for his part, is more than okay with being the known entity in the race, a steady presence after the stormy waters of the recent Uresti era. The former state senator was sentenced to 12 years in prison last month in the fraud case, which stemmed from his work with a now-defunct oil field services company that was found to have perpetrated a Ponzi scheme.

“The experience, the roots, the knowledge — all of those, I think, make me the best candidate,” Gallego said in an interview. “I think people want a familiar face. These are really difficult times.”

See here for some background. Carlos Uresti won re-election over Pete Flores in 2016 by a 55.9 to 40.4 margin, and Uresti was the best performer among Democrats. It’s entirely plausible to me that Flores will make it to the runoff, and honestly I’m a little surprised that Republicans hadn’t lined up behind him before now; Patrick’s endorsement came after the end of early voting. A Pete Gallego-Roland Gutierrez runoff is also possible – I’d very much prefer that – but as is always the case with special elections it depends on who shows up. As has been the case with the other two specials so far, this one has felt pretty quiet so far, but a D-versus-R runoff would change that. If you’re in the district, how has this race looked to you?

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.

Early voting in SD19 special election has begun

The summer of elections continues apace.

Carlos Uresti

Monday marks the start of early voting in the July 31 special election to fill the seat for Texas Senate District 19.

It’s been less than one month since Gov. Greg Abbott called a special election to replace Carlos Uresti, who resigned in June after he was convicted on 11 felony charges, including fraud and money laundering, abruptly ending the San Antonio Democrat’s 22-year political career.

Four Democrats, three Republicans, and one Libertarian filed for the opportunity to fill the remainder of Uresti’s term, which ends in 2020.

The race for Senate District 19 includes notable Democrats such as Uresti’s brother State Rep. Tomas Uresti (D-118); State Rep. Roland Gutierrez (D-119); and former State and U.S. Rep. Pete Gallego. The candidate list also includes Republican Pete Flores, a retired game warden who lost to Carlos Uresti in the 2016 general election.

District 19, which has voted reliably Democratic, stretches from the South, East, and West Sides of San Antonio to the U.S.-Mexico border and West Central Texas.

Observers of this race have tagged Gallego and Gutierrez as the frontrunners.

See here and here for the background. I agree that Gallego and Gutierrez (who has racked up the lion’s share of Democratic endorsements) are the frontrunners, but this district is not so blue that we couldn’t have a D-versus-R runoff. It will be interesting to see what the electorate ends up looking like in this election, which is the first of the three specials this summer to not be in deep red territory. The top candidates in HD13 and CD27 were Republicans, and the results reflected that. Here the top candidates are Democrats, but there are enough other Dems in the race to potentially dilute their strength. We’ll see what we get. Election Day for this race is July 31. If you’re in SD19, leave a comment and let us know what you’re seeing.

Special election set for HD52

Another one in November.

Rep. Larry Gonzales

The special election to replace former state Rep. Larry Gonzales, R-Round Rock, will take place on Nov. 6, the same day voters were already set to head to the polls to select his 2019 replacement, Gov. Greg Abbott announced Friday.

Gonzales, who served in the Texas House since 2011 and worked in the Capitol for years before that as a staffer, had already said he wouldn’t seek another term, but he announced June 6 that he’d retire early, saying “it’s time to get on with the next phase of my life.” That set up a special election to fill the remainder of his two-year term.

Candidates have until Aug. 23 to file to run for the seat, the governor’s announcement said. Two candidates, Republican Cynthia Flores and Democrat James Talarico, have already announced they’re running to serve the central Texas district for the full term.

See here for the background. Not sure why it took longer to schedule this special election than the one in SD19, but whatever. This is what I expected to happen, with this election happening on the same day as the HD62 special election. And now I will sigh wistfully and imagine a November that also includes a special election in SD06, to succeed Sen. Sylvia Garcia. If only.

Cloud wins in CD27

No runoff needed.

Blake Farenthold

Republican Michael Cloud appears likely to win the special election to fill former U.S. Rep. Blake Farenthold’s seat, which would spare the GOP a runoff in the 27th District.

With 89 percent of precincts reporting, Cloud was leading Democrat Eric Holguin 54 percent to 32 percent, according to unofficial returns from the Texas secretary of state’s office. Cloud, a former chairman of the Victory County GOP, needs to finish above 50 percent in the nine-way race to avert a runoff later this summer.

The special election will determine who finishes Farenthold’s term, which ends in January. Both Cloud and Holguin are their party’s nominees in November for the full term that starts after that. The seven other candidates in the special election are Democrats Raul “Roy” Barrera and Mike Westergren, Republicans Bech Bruun and Marty Perez, independent candidates Judith Cutwright and Chris Suprun, and Libertarian Daniel Tinus.

Here are the election night returns. Farenthold won by a 61.7 to 38.3 margin in 2016. The three Dems in the special were at 39.6% as of when I drafted this. Like the HD13 special election, this one had little attention paid to it, so it’s hard to draw conclusions about the turnout. That said, Farenthold won 63.6 to 33.7 in 2014 (there was a Libertarian candidate that year), so Dems are at least a few points ahead of that. The upcoming SD19 election may tell us something more interesting, we’ll see. Congratulations to Rep.-elect Cloud, who will get a seniority advantage over the rest of the class of 2018 if he wins (as he will be favored to do) in 2018. Please be less embarrassing than your predecessor, that’s all I ask.

The CD27 special election is almost upon us

It’s on Saturday, to be specific.

Blake Farenthold

Voters in the 27th Congressional District are preparing to go to the polls for a third time this year on Saturday for a sleepy special election in which both parties are working to rally their fatigued troops behind a single candidate in the nine-person field to replace former U.S. Rep. Blake Farenthold, R-Corpus Christi.

Farenthold abruptly resigned in April amid the fallout from sexual harassment allegations and an ethics investigation by the House Ethics Committee. He had announced four months earlier that he wouldn’t run for re-election, creating an open race to succeed him.

Saturday’s election is to determine who completes Farenthold’s current term, which ends in January, and it’s separate from the November election, the winner of which will take over the seat for a full two-year term after that.

Despite nine candidates on the ballot, Republicans are hoping their general election nominee, Michael Cloud, can win outright Saturday and avoid a runoff that would keep the seat empty for at least two more months and leave the counties with the bill for yet another election this year. Democrats, meanwhile, believe the crowded race provides an opening for their consensus candidate — Eric Holguin, also his party’s pick for the fall — to advance to a second round.

Even if Holguin makes the runoff, few are predicting the solidly red district could flip. Still, Democrats view it as an opportunity to at least build some momentum in the run-up to the November elections, and Republicans acknowledge there is an inescapable element of uncertainty in the low-turnout environment.

“I think the odds are highly favorable of [Cloud] winning the special election at least in a runoff, but the turnout’s so low, anything can happen,” said Michael Bergsma, the Republican Party chairman in Nueces County.

See here for the background. There’s more to the story, but that’s the main idea. With nine candidates it should be difficult to win a clean majority, especially since one of the lower-tier Republicans is actually spending money for the right to be a slightly longer-tenured Shelley Sekula Gibba, but it’s at least possible. Dems would love to get Eric Holguin into a runoff, and of course we’ll all be watching to see what the relative levels of turnout look like. Dems have generally overperformed by about thirteen points on average in special elections over the past year and a half, though there’s a wide range of outcomes. I’ll have the result from this one on Sunday.

And on a side note:

Texas officials are fuming over the tab for the upcoming special election to replace former Republican Rep. Blake Farenthold.

The cost of the June 30 election to replace Farenthold, who resigned in April amid reports he had used $84,000 in taxpayer money to settle a sexual harassment lawsuit, is expected to be at least $157,000 — and many of the 13 largely rural counties holding the election say they can’t afford their share of the bill.

Worse, they argue, the special election is a pointless and needlessly costly exercise since the contest is likely to go to a September runoff — meaning the eventual winner will likely serve in Washington for less than 90 days.

“We’re all not happy,” said Wharton County Elections Administrator Cynthia Richter. “It is what it is, it’s just crazy.”

After announcing the special election date, Republican Gov. Greg Abbott wrote the millionaire former congressman to request that Farenthold pay for the special election costs himself. Farenthold had originally said he would pay back the $84,000 he used to settle the harassment claim; the governor asked that he apply that money to the local counties to cover the costs of the special election.

Farenthold’s response? No.

“In my opinion, as well as many other county officials I have heard from, a special election was not warranted and should not have been called,” wrote Farenthold in a letter addressed to Abbott. “However, that was your decision based upon the advice you were given. Since I didn’t call it and don’t think it’s necessary, I shouldn’t be asked to pay for it.”

[…]

County officials say expenses associated with a special election are forcing them to reach into their contingency funds — accounts set up to cover government emergencies — or significantly downsize their operations.

“We have done everything we can to introduce cost-saving methods,” said Bastrop County Elections Administrator Bridgette Escobedo, whose county is expected to shell out $12,000 in special election expenses. “We’ve consolidated locations, reduced election workers; we’re running minimum crews for no overtime; we’re all paper and ordered minimum ballots.”

The counties aren’t alone in their frustration. The governor points his finger directly at Farenthold.

We’ve seen this before. I sympathize with the counties, who have no control over this stuff, but I supported the decision to have this election now rather than in November, and I stand by that. That said, the Governor has some discretionary funds at his disposal, in which $157K would make only a tiny dent, so it seems to me he could help these counties cover the cost of the choice he made if he wanted to. (I could be wrong about this, in the sense that I don’t know how “discretionary” these funds are. He may not be allowed to tap into them for this purpose.) He could also support an item in the next budget to make the state shoulder the cost of special elections like this. Sending an invoice to Farenthold makes for a good show. Doing something effective makes for good government. I’m just saying.

Uresti gets 12 years

Harsh, but hardly unfair.

Carlos Uresti

Standing before a federal judge in a San Antonio courtroom on Tuesday afternoon, former state Sen. Carlos Uresti was contrite.

“I truly feel remorseful, ashamed, disappointed, disgraced, angry at myself and sad,” Uresti told the court, according to the San Antonio Express-News.

But shortly after, speaking to reporters outside the courthouse about his plans to appeal a 12-year federal prison sentence he said he does not “believe is fair and just,” the two-decade veteran of the Texas Legislature seemed anything but remorseful.

The sentence he received Tuesday — and the $6.3 million in restitution he’s been ordered to pay to victims of a Ponzi scheme he was convicted of helping carry out — is “just another obstacle,” Uresti said.

“When you’re right, you never give up,” he said. “And we’re right, so we’re not going to give up.”

See here for the background. He still has a second federal trial to undergo in October, so this is not as bad as it may get. I wonder if there was a dawning realization that a multi-year sentence was likely, and that this was what finally got him to resign, four months after his conviction. Whatever the case, and acknowledging that he did do some good things as a Senator, I’m glad he finally stepped down. As to what happens from here, I can’t say I have any feelings about it. The whole affair was sad, but Carlos Uresti is a grown man who made his own choices. He can live with the consequences of those choices.

Eight for SD19

Gentlemen, start your engines.

Carlos Uresti

Eight candidates have filed for the July 31 special election to replace former state Sen. Carlos Uresti, D-San Antonio, — including his brother, outgoing state Rep. Tomas Uresti, according to the secretary of state’s office.

[…]

Tomas Uresti, who lost a re-election bid during the March primaries, had said over the weekend he was “contemplating” a run for Senate District 19, a massive district that stretches from San Antonio’s East Side to far West Texas and includes parts of the U.S. border with Mexico.

The list of candidates includes two prominent Democrats who were already running for Carlos Uresti’s seat before he resigned: state Rep. Roland Gutierrez of San Antonio and former U.S. Rep. Pete Gallego of Alpine. The fourth Democrat who filed is Charlie Urbina Jones, a Poteet attorney who unsuccessfully ran for Texas’ 23rd Congressional District in the 1990s.

The three Republicans who filed are Pete Flores, who unsuccessfully challenged Carlos Uresti in 2016; Jesse “Jay” Alaniz, the former president of the Harlandale ISD board; and Carlos Antonio Raymond, who unsuccessfully sought the Republican nomination for House District 117 in March.

The Libertarian candidate is Tony Valdivia, a senior reporting analyst at USAA Bank.

See here for the background. It would have been nice if a female candidate had filed, but I suppose they’re all busy running for other offices. Gotta say, I don’t think the Uresti name is going to be an asset in this race, but anyone can pay the filing fee. The best case scenario is a Gallego/Gutierrez runoff, as far as I’m concerned. If it winds up being a Dem and an Republican, we should try to keep in mind that this race is to fill a seat through 2020, as SD19 is not on the ballot in November. In other words, let’s not screw this up. Early voting starts July 16. Good luck.

Abbott sets July 31 special election date in SD19

One way or another, we’ll have that slot filled in time for the start of the next session.

Carlos Uresti

Gov. Greg Abbott has scheduled a July 31 special election to replace state Sen. Carlos Uresti, D-San Antonio.

Uresti announced his resignation Monday, four months after he was found guilty of 11 felonies. The resignation is effective Thursday.

The filing deadline for the special election is Monday, and early voting will start July 16, according to Abbott’s proclamation. The document also outlines Abbott’s reasoning for calling what is known as an emergency special election, noting Uresti’s District 19 has been “without effective representation” for over a year due to his legal troubles and it is important to fill the seat as soon as possible.

Abbott had the choice of setting the special election for the next uniform election date — Nov. 6 — or at an earlier date. Uresti had asked Abbott to slate the special election at the same time as the Nov. 6 elections, saying it would “save the 17 counties and taxpayers thousands of dollars.”

At least two Democrats are already running to finish Uresti’s term, which ends in 2021: former U.S. Rep. Pete Gallego of Alpine and state Rep. Roland Gutierrez of San Antonio. Pete Flores, a Republican who unsuccessfully challenged Uresti in 2016, has also announced a special election run.

See here for the background. Our summer of constant elections continues. Why would Abbott set the date earlier instead of having it in November? Assuming as I do that Abbott is motivated first and foremost by politics, my guess would be that a summer special election, followed most likely by a summer special election runoff, offers the better odds of electing a Republican. SD19 is a Democratic district and I’d expect it to be pretty blue in November, but it went both ways in 2014 and could certainly be competitive in a lower-turnout environment. No guarantee of that, of course, and I’d expect Democrats to be more motivated to vote even in July this year than they were four years ago. Flores lost to Uresti 55.9% to 40.4% in 2016, for what it’s worth. Be all that as it may, this is going to be quite the sprint for the campaigns. Buckle up.

Carlos Uresti resigns

About fscking time.

Carlos Uresti

Finally heeding calls from his colleagues on both sides of the aisle, state Sen. Carlos Uresti announced his resignation Monday, four months after he was found guilty of 11 felonies.

The news comes just over a week before the San Antonio Democrat is set to be sentenced by a federal judge in San Antonio; experts predict his penalty will be 8 to 12 years of prison time. He’s also scheduled for a trial in October on separate fraud and bribery charges.

“As you know, I am in the process of ensuring that justice is served,” Uresti wrote in a statement Monday. “I need to attend to my personal matters and properly care for my family. So, keeping in mind the best interests of my constituents and my family, I believe it to be most prudent that I step down from my elected office to focus on these important issues.”

[…]

His resignation will become effective Thursday.

In his announcement Monday, Uresti asked Gov. Greg Abbott to call a special election for the seat on the next uniform election date, which is the general election date in November. Doing so, he said, would save the district’s 17 counties thousands of dollars. The governor’s office did not immediately return a request for comment on timing for the election.

Several Democrats have already lined up to replace Uresti. State Rep. Roland Gutierrez announced his bid for the seat less than a month after the conviction; in early April, former U.S. Rep. Pete Gallego joined the fray as well.

See here and here for the background. Assuming we do get a November special election, which would join the other November special election(s) that we should get, we can have a replacement for Uresti sworn in and ready to go no worse than January, which is so much better than waiting till after November for a special election to be set. I’m sure there will be others besides Gutierrez and Gallego in the race, and as before I don’t have a preference at this time. Uresti set a low bar to clear, so an upgrade is likely. I for one am very ready for that.

The June elections

You may not realize this, but there are multiple elections going on right now around Texas. I’m aware of three:

1. The Klein ISD Tax Ratification Election:

Our shared vision in Klein ISD is that every student enters with a promise and exits with a purpose. In order to make our vision a reality for EVERY student, we need resources. We believe it’s important that every member of the Klein community understands how our schools are funded by the State and local taxpayers. For example, you might be surprised to know that as your home value grows causing you to pay higher school taxes, the State decreases their share of funding.

The above videos explain the current school funding system and the impact it has on the Klein ISD budget. It also explains steps the district has taken over the years to maintain the current educational programs.

See here and here for some news coverage about this election. I only know about it because Klein ISD is in Harris County, up near the Woodlands, and I’ve been getting the daily early vote totals for it. The EV period for this is over and the election itself is tomorrow, the 16th. You can find your polling place here if that applies to you. I’ve no idea why this is being held now as opposed to the May uniform election date, but you can learn more about TREs and why school boards need to have them here and here.

2. The Pearland City Council runoff:

After neither candidate garnered more than 50 percent of the vote as polls closed Saturday, Adrian Hernandez and Dalia Kasseb will face each other in a runoff next month to decide who will be the next Position 4 council member.

“I’m overwhelmed by the amount of support. … I’m excited to keep going,” Hernandez said. “It’s no different today than it was yesterday or how it will be tomorrow. I’ve been serving the city and I’ll keep doing that. I’m going to keep doing what I’ve been doing.”

It’s a familiar result for Kasseb, who faced six candidates in 2017 for a council position before ultimately losing to Woody Owens in a runoff for Position 7.

“I am buoyed to know I can count on growing support from the community,” Kasseb said. “We will continue the fight to become that voice for all on city council and be the solution to the challenges we face in our rapidly growing community.”

In early vote totals, Hernandez had a winning margin of votes, but as Election Day ballots were counted, both Kasseb and G. Sonny Atkins picked away at his lead.

“She’s a formidable opponent,” Hernandez said. “We’re going to look to those people we have not reached yet and fill in those gaps.”

Pearland City Council has staggered three-year terms, so they have elections for a subset of their members every year. Mike Snyder had a decent overview of this a couple of weeks ago. Like the Klein ISD TRE, this one will happen on Saturday, as early voting ended on Tuesday. Voting location information is here and a map is here. At least the runoff this year seems to be a lot less ugly than last year’s was.

3. The special election in CD27.

Twice.

That’s the number of times candidates for Texas’ 27th Congressional District have already had their names on a ballot. For months they’ve traveled the district, shaken hands, and gone to meet and greets. They’ll need to get used to that campaign trail.

That’s because even when the top two contenders to fill the seat — Republican Michael Cloud and Democrat Eric Holguin — arose, the battle on the ballot was still far from over.

Voters will next cast their ballots in the June 30 special election. There could be two more elections after that as well. At the very least there’s one more in November.

[…]

The winner will be in office for less than a year.

That time could be cut down even more if one of the nine candidates on the ballot does not get more than half of the votes. If that happens, a runoff would follow.

When voters head to the polls they’ll see nine names on the ballot — Democrats, Republicans, Libertarians and Independents alike.

Three of those names should be familiar to voters: Holguin, Cloud and Raul “Roy” Barrera. Win or lose in the special election Holguin, a Democrat, and Cloud, a Republican, will face off again in the November general election.

On the last election night, Holguin said the primary runoff election’s outcome would play a “huge role” going into June.

“It shows who the top two candidates are,” he said. “I know there are nine candidates, but we are the ones that are going to be going face to face in November. So we’re the ones that people are going to be paying attention to and really focusing on.”

Last month, Bech Bruun, who lost to Cloud in May, endorsed the former Victoria GOP chair, asking people to vote for him in both June and November. Bruun’s name still will appear on the June ballot.

Bruun said a large part of the endorsement was so hopefully his supporters would switch to Cloud and a runoff would be avoided.

The Corpus Christi Caller also endorsed Cloud for the special election, though they reserved the right to change their mind for November. TDP Chair Gilberto Hinojosa endorsed Eric Holguin, as the only chance Dems have is in a low-turnout context with the bulk of Dem votes going to Holguin. I don’t care for his odds, but we’ll see if the trend of Dems cutting into Republican margins from 2016 holds here. Early voting for this one started on Wednesday, with E-Day on June 30. Oh, and just so we’re clear, Blake Farenthold is still a leech.

But wait! I hear you cry. Wasn’t there also supposed to be a runoff in the special election for HD13? Yes there was, and no there won’t be.

Following a March 6 Primary Election, May 5 Special Election and a May 22 Primary Runoff Election, former Grimes County Judge Ben Leman will take the oath of office Thursday, May 31, as the new Texas State Representative of District 13.

According to the Texas Secretary of State office, Leman was considered duly elected to fill the vacated seat for the remainder of the current term following the withdrawal of opponent Jill Wolfskill from the runoff special election that was set to occur in late summer. Wolfskill made a formal concession from the race May 23 via her Facebook page and submitted a “signed, notarized withdrawal to the office of the Secretary of State” to announce her decision.

“I want to say a big thank you to my family, friends, supporters, and volunteers on the Jill Wolfskill campaign these past four months,” said Wolfskill. “Running this race in has been a great honor and I am so blessed by the amazing support I received, and by the people I’ve had the opportunity to meet throughout this district.”

Wolfskill and Leman had both previously made public comments regarding the concession of the candidate who received the least number of votes in the May 22 Primary Runoff Election to prevent unnecessary financial burdens to the seven counties in House District 13. Leman took the majority of the 14,602 votes with 57.33 percent, while Wolfskill had 43.03 percent.

Leman still has to win the November election against Cecil Webster, but if he does he will have a head start in seniority over his fellow members of the class of 2018. And the good news is we should get the entire month of July off from elections.

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.

CCA refuses to hear Ron Reynolds’ appeal

It’s getting awfully close to midnight.

Rep. Ron Reynolds

The Texas Court of Criminal Appeals has refused to review state Rep. Ron Reynolds’ criminal conviction and one-year jail sentence, according to online court records.

The Missouri City Democrat had asked the court to overturn a 2015 misdemeanor conviction in Montgomery County for illegally soliciting clients for his personal injury practice. Reynolds still has 15 days to file a motion for a rehearing, according to a staffer at the court, but it is likely that Reynolds will soon serve his year-long jail sentence.

Joel Daniels, the main prosecutor in Reynolds’ trial and chief of the white collar division in the Montgomery County District Attorney’s Office, said the court’s next step would be to issue a mandate to the trial court to carry out the sentence.

“That will mean that Mr. Reynolds’ case will be put back on the docket, and he’ll be brought into court” and taken to jail, Daniels said.

Before then, Reynolds can request a rehearing, as the court staffer said, and, in theory, he could request time to appeal to the U.S. Supreme Court, Daniels said. But that would be “extremely unusual and very rare.”

See here and here for the background. I don’t know if Rep. Reynolds has any tricks remaining in his bad to stay out of jail at this point. If not, then this will come to exactly the point I’ve been saying it will, which is that he’ll be in jail while a legislative session is happening, leaving his constituents without representation during that time, all because he was too self-centered to recognize the need to put their needs first and step down. To be fair, he can still do that: If he resigns effective November 6, we can at least get a special election in January and a new rep in place by March. Not ideal, but better than a Rep in the pokey. Reynolds sent me a whiny message via Facebook back in 2015 when I first called on him to leave office and get his personal life in order so I have no illusion that he’ll listen to me this time, but there it is. You did some good things in the Legislature, Ron Reynolds. Now do one more good thing and let someone else take your place. There’s nothing more to say about this.

The crossover question

From G. Elliott Morris, reviewing the recent AZ-08 special Congressional election:

The second thing to learn from AZ-08 helps explain the first: if Democrats aren’t winning because of differential turnout (or, not solely because of differential turnout), why are they? The only explanation is that Republicans are crossing over to vote for Democrats](https://twitter.com/geoffreyvs/status/988982464524750853). This is clear as day in the early voting numbers from Arizona’s 8th.

Here are the data: In the 155,000 early/absentee mail-in ballots cast in last night’s contest, Republicans ran a 21-point margin in party registration. One would assume (perhaps naively, as candidates from one party aren’t wed to that candidate) that this would give them a 21-point margin in actual ballots cast for either ticket. As I explained on my blog this assumption could go wrong for many reasons:

Early voting data are not “real results,” per se, despite what some analysts would have you believe, since partisanship does not equal vote choice. Though they are very correlated in modern America it is not a safe bet to assume all GOP ballots are for GOP candidates, and vice versa for Democratic voters and candidates. Such assumptions would have led us quite astray in the Texas primaries where Democrats cast more early votes than Republicans for the first time since 2010, but cast just 40% of total votes in the D or R primaries.

Indeed, the early vote did mislead. Debbie Lesko won these “R+21” early votes by just a 6-point margin, meaning there was enough persuasion of Republicans to Tipirneni’s side to move the needle fifteen points. That is certainly (or, at the very least, it ought to be) enough to make many Republican elected officials shake in their boots.

There is an extra point to be made here: even in a contest where 75% of ballots are cast early, our analysis of those results can often go wrong. Stick (though not exclusively) to the polls, folks; Emerson College pegged Lesko’s lead at 6 points. She won by 6.

Hold that thought, because Harry Enten was thinking along similar lines.

Republicans turned out in this election. The relative difference between Democrats and Republicans in registration among those who voted was about equal to overall registration figures. The number of people who voted in the special is fairly close to the number who voted in the the district during the last midterm election, in 2014. That’s not surprising because it is easy to vote early and by mail in Arizona. This allowed Republicans, who perhaps might have be been uninspired, to cast ballots without too much hassle.

It also means, however, that poor turnout is not an excuse for Republicans in this race. One common reason to be cautious of the special election results so far has been low turnout. Yet this election, like Pennsylvania 18 last month, saw turnout close to or exceeding 2014 levels, and Republicans trailed greatly behind the partisan baseline of these districts.

Finally, Republicans had a good candidate in Lesko. She had no major scandals and raised plenty of money. One of the excuses in previous elections that Republicans lost like Alabama US Senate (with Republican Roy Moore) and Pennsylvania 18 (with Republican Rick Saccone) was that the Republican was either scandal plagued or didn’t know how to raise funds. Lesko wasn’t either of those, and there was still a significant shift to the left.

Martin Longman and Ed Kilgore also discuss this evidence from the special elections that some non-trivial number of people who had identified (or registered, in the states that do that) as Republicans have not been voting for Republican candidates. Kilgore notes that national polling indicates that independents are pretty heavily negative on Donald Trump, which I will note is in line with that Quinnipiac Texas poll that had some people loudly complaining.

Now as always, it’s hard to say how much the national atmosphere applies to Texas, though it’s pretty clear that the state was an accurate reflection of said mood in 2006 and 2010 and 2014. To the extent that Democrats have a shot at winning races here that they haven’t won before, the formula starts with a boost in base turnout, because being outvoted by a million people statewide is not a good recipe for success. But if more Democrats showing up can put certain candidates in range, then a sufficient number of crossovers could put them the rest of the way over the top. To cite two recent examples, about 300,000 people who otherwise voted Republican voted for Hillary Clinton in 2016, and for Bill White in 2010. Neither candidate won, but in a context where base Democratic voting was higher, they could have.

How much of this happens this November, statewide and in the various specific districts of interest, is anyone’s guess right now, but may become clearer as we get more polling results. The point I’m making here is that there is evidence of it happening with Republicans elsewhere, and that this has been a part of the Democratic improvement in recent elections. In the absence of more polls like that Q-pac poll we can’t assume it’s happening here, but in the absence of more polls that aren’t like that Q-pac poll we can’t assume it’s not happening, either.

Abbott approves August flood bond referendum

One more step forward.

Gov. Greg Abbott on Monday approved Harris County’s request to call a multi-billion-dollar bond election to pay for flood control measures on Aug. 25, the one-year anniversary of Hurricane Harvey.

By state law, the county needed Abbott’s permission to call the “emergency special election” in spite of his oft-stated goal of reducing property taxes. The flood control bond package almost certainly will be accompanied by an increase in Harris County’s property tax rate.

Abbott granted the county’s request to put the issue to the voters, affirming his stated belief that responding to Harvey does “qualify as an emergency” and stating that he is “committed to working with Harris County to achieve its goals in the most efficient way possible.”

“As this request for an emergency special election was duly passed by a unanimous vote of the Harris County Commissioners Court, I hereby grant approval as governor of Texas for this emergency special election to be called for bonds to fund flood-related mitigation projects that respond to Hurricane Harvey,” Abbott wrote in a letter accompanying his decision.

[…]

The county plans to launch a public outreach campaign to seek input on what to include in the bond package, as well as drum up support for the measure. [County Judge Ed] Emmett said the focus would be on helping the most people possible.

“The worst thing we can do is say, ‘Just give us money and trust us,’” Emmett said. “It’s got to be a very open, transparent process.”

See here for the background. Commissioners Court still has to officially call the election, which means they have to define what the issue covers and what the wording of the referendum will be. There’s stuff in the story about that, but we’re not really any farther along than the “well, we could have this and we could have that” stage yet. That will all work itself out one way or another.

I’m more interested in the politics of this. What will the county’s strategy be to sell people on this idea and get them to come out at a weird time of year to vote for it? Who will spearhead the effort, and how much money will they spend on it? Who will be on Team Referendum, and who (if anyone) will stand in opposition? As I’ve said before, while city of Houston bonds tend to pass with room to spare, Harris County bonds tend to have less margin for error, and can’t be assumed to be favored even in the absence of organized resistance. They’re going to need to figure out what this thing is quickly so they can start selling it ASAP. Among other things, the difference between an election in August and an election in November is that people expect to vote in the latter. The first part of the sales job is going to be making sure people know that they need to vote at a different time. I’ll be keeping a close watch on this.

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.

May 5 election results

Martha Castex Tatum

Martha Castex-Tatum is your winner of the District K special election. She dominated in Harris County with over 65% of the vote, and while she finished below fifty percent in Fort Bend County, she had more than enough votes to clear the bar. By my highly unofficial count, she got 59.7% of the vote overall. Congratulations to Martha Castex-Tatum on her victory.

In the HD13 special election, the two Republican candidates will run it off in June for the right to get a bump in seniority over other members of the legislative class of 2018. Cecil Webster appears to be on track to finish a point or so behind his November 2016 percentage, but about seven points ahead of his 2015 special election percentage. Would have been nice to say he ran ahead of the 2016 numbers, but it didn’t happen. Thanks to the contentious primary runoff, there was a lot more money spent on the Republican candidates in this race.

Other races that I mentioned along the way: Dalia Kasseb is headed for a runoff in her Pearland City Council race. She made it to a runoff in a different Council race last year but came up short from there. Daniel Hernandez lost in Pearland ISD, and Monique Rodriguez also lost in her race for Deer Park ISD.

Next up: Primary runoffs. Early voting begins a week from Monday, May 14. I’ll have plenty of info on those races coming up.

Farenthold tells Abbott to go pound sand

Well, what did you expect?

Blake Farenthold

Blake Farenthold — a disgraced former Texas congressman who resigned last month — will not fund the special election to replace himself, he told Gov. Greg Abbott in a letter Wednesday, the Houston Chronicle reported.

Abbott had asked that Farenthold pay for the election, set for June 30, as a form of recompense: Farenthold resigned in April, months after it came to light that he had settled a sexual harassment claim from a former staffer with $84,000 of taxpayer money.

That payment mechanism is allowed under federal law but has nonetheless drawn sharp criticism on both sides of the aisle since it was uncovered last fall. Farenthold had originally pledged to repay that sum to taxpayers, but has yet to do so, claiming he is acting on the advice of his lawyers.

Farenthold, who is worth well over $2 million, according to a recent financial disclosure form, has now said he won’t pay for the election either.

“Since I didn’t call it and I don’t think it’s necessary, I shouldn’t be asked to pay for it,” his letter said.

See here for the background, and here for a longer version of that Chron story. I’m actually kind of glad there isn’t a copy of the letter to share, because the various closings I can imagine him using – “See you in hell”, “Kiss my grits“, “Insincerely yours” – are all way more entertaining to me than what he no doubt actually used. The point here is that just as Congress can’t touch Farenthold for the $84K he swiped, neither can Abbott for the special election that he insisted (quite reasonably, in my opinion) on calling. And Farenthold damn well knows this, which when combined with his utter lack of shame or conscience, is how we got here. See you in hell, indeed.

UPDATE: Okay, fine, you can see the letter here.

Today is May Election Day

From the inbox:

Saturday, May 5, 2018 is Election Day for voters in Houston Council Member District K. Voters will determine who will fill the vacancy in the southwest Council District. Polling locations will be open from 7 am to 7 pm.

There will be twenty-eight (28) Election Day polling locations for registered voters to cast their ballot in District K. However, each voter must vote at the polling location designated for the voting precinct in which they are registered to vote.

“Harris County polling locations are only available to individuals who are registered to vote in Harris County within Houston’s Council District K,” said Harris County Clerk Stan Stanart, the chief election officer of the County, noting that District K registered voters residing in Fort Bend County must contact the Fort Bend County Election Office for information regarding the May 5, Election.

Aside from the City of Houston election, over 70 political entities in Harris County, including school, emergency, and utility districts, are conducting an election on May 5. “While my office is only conducting the City of Houston Council Member District K Special Election, all Harris County registered voters may visit www.HarrisVotes.com to determine if they reside in one of the jurisdictions that are holding an election on May 5,” informed Stanart.

For more information about the May 5 City of Houston Council Member District K Special Election, 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.

You can look up your polling place here. Basically, this is a normal election in the sense that you would vote at your normal precinct location. If you’re in Fort Bend County, you can look up your precinct location here.

Also on the ballot today is the special election in HD13.

Two Republicans are battling until the end — over everything from endorsements to toll roads — ahead of a special election Saturday to fill a rural Texas House seat east of Austin that will give the winner momentum in the race for a full term.

Former Grimes County Judge Ben Leman and Bellville businesswoman Jill Wolfskill — plus one Democrat, Cecil Webster — are on the ballot Saturday to finish the term of ex-state Rep. Leighton Schubert, R-Caldwell, who resigned in February for a local junior college job after previously announcing he would not seek re-election. Leman and Wolfskill are also in a May 22 runoff for the full term representing House District 13, a solidly Republican district that covers a seven-county region between Austin and Houston, stretching from outside Bryan down toward Victoria.

The winner of the special election will complete the rest of Schubert’s term, which ends in January, while the victor in November will serve the full two-year term that comes next.

That has upped the stakes for the special election, in which a victory could be a boon to a candidate’s fortunes in the contest 17 days later. Yet little is assured in the low-turnout, unpredictable environment of a special election, and Leman and Wolfskill — who finished just 525 votes apart in the five-way March primary — are leaving nothing to chance as they seek to distinguish themselves in the home stretch.

The rest of the story continues to focus on the two Republican candidates, with one more passing mention of Cecil Webster at the very end. It’s all about who has or hasn’t been endorsed by which terrible conservative group. Which all makes sense, since whoever wins the Republican nomination will be the overwhelming favorite to win in November in this 75%+ Trump district. That doesn’t mean Webster can’t make it to the runoff of this election, however. It would take good turnout on the Dem side, and probably an uneven split between the two R’s, but it can happen. I’ve seen a few Facebook ads for Webster this past week, so he’s running a real campaign. I’ve got my fingers crossed. I’ll have the results tomorrow.

We’ll be voting on flood control bonds in August

Not my first choice, but it is what it is.

Harris County Commissioners Court voted Tuesday to seek a special election on Aug. 25 for what likely will be a multi-billion-dollar bond package that, if approved by voters, would be the largest local investment in the region’s flood control system after Hurricane Harvey.

The move comes a month before the start of the 2018 hurricane season and more than seven months after Hurricane Harvey, with the election timed to coincide with the storm’s one-year anniversary. County officials have spent months wrangling over when best to schedule the election, lest the measure fail and scuttle efforts to overhaul the area’s flood control efforts after one of the biggest rain storms in United States history.

“Why August 25?” Harris County Judge Ed Emmett said. “It’s the one year anniversary of Harvey. I don’t think we want to go a year and not be able to say we’re doing something. People who care about mitigation, resilience, flood control, they’ll be energized and they’ll want to go out. Will there be somebody who wants to stand in the face of what we went through during Harvey and say ‘I want to be against it’? I kind of dare them to do it.”

It is not clear yet what the bond referendum will include. The court on Tuesday floated a $2.5 billion price tag — a number that could change as a priority list of flood control projects emerges. Emmett said the number of projects would be in the “hundreds” and likely would include the buy-out of all of the county’s high-priority areas at highest-risk of flooding, approximately 5,500 properties.

A huge chunk of funds, between $500 and $700 million officials estimate, could go toward local matches for federal grants and projects. A match could be required for the completion of four bayou widening and straightening projects underway with the U.S. Army Corps of Engineers along Hunting, White Oak, Brays Bayou and Clear Creek. Bayou engineering projects on Halls and Greens Bayou — some of the areas in the county most vulnerable to flooding — also likely would be targeted.

Emmett said all of the county’s 22 watersheds would see some sort of investment.

The bond funds also could help finance the construction of an oft-discussed third reservoir northwest of the city to contain storm water from Cypress Creek.

See here for the background. I would have preferred to have this on the November ballot, and from the article most of the Commissioners at least started out with that same preference. County Judge Ed Emmett pushed for the August date, and convinced them to go along. Again, I get the reasoning, but the county is really going to have to sell this. Recent history has shown that even non-controversial bond issues with no organized opposition don’t pass by much. This one will have a big price tag, a (minor) property tax increase, and no obvious benefit for anyone who wasn’t directly affected by Harvey, all wrapped up in a weird election date. This should pass – it’s easy to scratch your head and say “how could it not?” – but do not take it for granted. The county still has to get approval from Greg Abbott, which should be straightforward, then formally call the election. I hope they start gearing up the campaign for this in the meantime.

Early voting ends for May 5 elections

Go vote Saturday if you haven’t voted yet.

Voters across southwest Houston will head to the polls Saturday to vote on a replacement for late District K Houston City Councilman Larry Green who died unexpectedly from a drug overdose in his home last month.

The special city council election comes amid more than 70 across the county, in which voters will decide on new school trustees, city council members, municipal utility and other special district representatives, as well as a handful of bond issues and at least one property tax increase.

It will be first of two election days in the month of May. Runoffs from the March primaries for Democrats and Republicans will be held May 22.

In Houston’s District K special election, nine candidates are vying to replace Green, who was the only person to ever hold the seat, which was one of two added after the 2010 Census. The district covers a slice of southwest Houston between Almeda Road in the east and Beltway 8 in the west, Brays Bayou in the North and Beltway 8 in the south, with a portion in Fort Bend County.

[…]

Other elections in the Houston area on Saturday include:

Clear Creek ISD
Deer Park ISD
Hedwig Village
Hilshire Village
Humble ISD
Jersey Village
Katy
Katy ISD
La Porte
New Caney ISD
Pearland
Pearland ISD
Spring Branch ISD
Galena Park

See here for previous information about the May 5 election. The two listed above that are in italics were added by me, the others (along with a brief description of each) were in the original story. Here’s the early vote report for District K in Harris County; there’s a piece of the district in Fort Bend, so there have been more votes cast than the 3,427 showing in that report. I don’t know about the other elections that are happening. Are you someone with a vote to cast? Leave a comment and let us know. I’ll report on results on Sunday.

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.

Nine for CD27

And they’re off.

Blake Farenthold

Nine candidates have filed for the June 30 special election to finish former U.S. Rep. Blake Farenthold’s term, according to the secretary of state’s office. The deadline was 5 p.m. Friday.

As expected, the group includes the four candidates who are currently in the May 22 runoffs for the November election: Democrats Raul “Roy” Barrera and Eric Holguin, as well as Republicans Bech Bruun and Michael Cloud. The other five candidates who filed for the special election are Democrat Mike Westergren, Republican Marty Perez, independent Judith Cutright, Libertarian Daniel Tinus and independent Christopher Suprun.

Of the five candidates who are not also in the runoffs, Suprun, who is from Dallas, is perhaps best known — he refused to vote for Donald Trump at Texas’ Electoral College meeting following the 2016 presidential election. Westergren, meanwhile, is a Corpus Christi lawyer who unsuccessfully ran for Texas Supreme Court in 2016.

[…]

Before the June 30 special election to finish Farenthold’s term, voters in the district will primary runoffs will take place on May 22 to determine Democratic and Republican nominees for the seat in the fall. The winner of that contest will serve a full term beginning in January 2019.

See here for the background. Let’s be clear that only the candidates who are in the primary runoffs have a chance to hold this seat beyond the end of this year, if he or she wins both their runoff and then again in November. The others can aspire to be little more than a slightly extended version of Shelley Sekula Gibbs. Which isn’t nothing, but isn’t more than that. My guess is that any involvement from national Democrats would occur in the runoff for this race, assuming one of the three Dems that filed makes it that far. We’ll see how it goes.