Off the Kuff Rotating Header Image

Stan Stanart

Trautman talks new voting machines

As is usually the case, finding the funding will be the key.

Diane Trautman

The newly elected Harris County clerk plans to phase out the county’s eSlate voting machines, which have occasionally caused problems for voters.

Diane Trautman, who beat the incumbent in the countywide sweep of Democrats, also wants to improve the county’s elections technology so voters can cast ballots in any precinct on Election Day. Currently, residents are allowed to vote at any polling place during early voting, but must use a designated location on Election Day.

“We must replace the current electronic machines with an electronic machine that produces a verifiable paper trail,” Trautman said. “The problem, of course, is the funding.”

[…]

Stanart said he also had planned to phase out the eSlate voting machines if re-elected.

On average, the devices are eight years old. Most were purchased after a 2010 fire destroyed the warehouse where Harris County stored its voting machines.

Stanart’s spokesman, Hector de Leon, said the clerk’s office estimates that replacing the county’s 8,189 eSlate machines would cost about $75 million. Trautman said she would explore whether the state or federal government could cover part of the cost.

[…]

Meanwhile, Commissioners Court would need to approve the purchase of new machines, and members are supportive of the idea. Incoming Harris County Judge Lina Hidalgo said improving the voting experience for residents must be a priority.

Precinct 4 Commissioner Jack Cagle urged Trautman to prepare a detailed proposal for replacing the eSlate machines and present it to the court. He said new machines must be a technological upgrade and have a long-term life span.

“Let’s not throw out good machines just to get fancy new ones,” Cagle said. “What we buy next, let’s make sure it lasts a while, as well.”

I’m glad to hear that there is support for moving forward on this. We should write up our standards, talk to Travis County about their systems, revisit that cost estimate, and begin meeting with legislators and members of Congress to see what funding they may be able to provide. It also looks like we can begin work on moving towards a vote center system for Election Day, which ought to help alleviate some of the problems we have seen when precinct voting locations have had technical problems. I can’t wait to see how this goes.

Initial reactions: Harris County

Let’s start with the obvious.

Judge Ed Emmett

Harris County Democrats rode a surge in voter turnout to a decisive victory on Tuesday, unseating several countywide Republican officials, including longtime County Judge Ed Emmett, and sweeping all 59 judicial races.

Emmett, who courted Democratic ticket-splitters and leaned on his reputation as a steady hand during hurricanes, conceded at 11 p.m. to 27-year-old challenger Lina Hidalgo, who was running in her first race for public office.

After defeating the Republican sheriff and district attorney two years ago, Harris County Democrats now will control all of the countywide elected posts. In addition, former sheriff Adrian Garcia defeated incumbent Republican Jack Morman in the Precinct 2 commissioner’s race, giving Democrats control of Commissioners Court.

[…]

University of Houston political science professor Brandon Rottinghaus attributed the Democrats’ success to changing demographics in the largest Texas county and a superb get-out-the-vote effort by Democratic groups.

“Democrats have harnessed the blue wave, at least locally,” Rottinghaus said. “Harris County is going to be trending more purple, which is going to spell difficulty for Republicans in countywide races in the future.”

The upset fulfilled the nightmare scenario Republicans feared: Democratic straight-ticket voters who have a positive opinion of Emmett failed to venture far enough down the ballot to vote for him, handing the win to Hidalgo.

Hidalgo will be the first Latina county judge, and youngest since a 23-year-old Roy Hofheinz was elected in 1936. She has lived in Harris County sporadically as an adult and has never attended a meeting of Commissioners Court.

Hidalgo was an energetic campaigner who implored voters not to settle for the status quo. She criticized Emmett for failing to push harder for flood protection measures in the decade before Hurricane Harvey, when parts of the county were flooded by several storms. Emmett had campaigned on his record, contrasting his 11 years as the county’s chief executive with Hidalgo’s lack of formal work experience.

At Emmett’s watch party at the Hotel ZaZa, his supporters stared in disbelief at monitors displaying the results. Emmett spoke briefly and compared this election to the 1974 midterms following the Watergate scandal, when a wave of incumbents were defeated.

“If this happens the way it appears, I won’t take it personally,” Emmett said. “It is a bitter pill to swallow, but Harris County will move on. I will be fine.”

Supporter Xavier Stokes chalked up the county judge race result to straight-ticket voting, rather than a referendum on Emmett himself.

“He’s done such a good job, and yet here we are,” Stokes said. “It just shows you how this type of voting distorts the outcome.”

I’m not surprised to see straight ticket voting get the blame here. Lisa Falkenberg and Judge Emmett himself are both pushing that narrative, though to Falkenberg’s credit she also recognized that some awful Republicans in Harris County had been the beneficiary of straight ticket voting in the past. Judge Emmett is a good person and he has been a very competent County Judge, but his problem wasn’t so much the straight ticket option as it was that so many more Democrats than Republicans voted. Beto O’Rourke carried Harris County by almost 200,000 votes. All of the statewides except Lupe Valdez (+66K), Joi Chevalier (+97K), and Roman McAllen (+100K) carried Harris by more than the Democratic margin in straight ticket votes. Emmett pitched his campaign at Democrats because he had no choice. He knew he was swimming in very deep waters. To assume that the straight ticket voters cost him the election is to assume that without that option, the Democratic straight ticket voters would have significantly either undervoted in the County Judge race or gone on to vote for Emmett as the (likely) only Republican they chose – which, remember, they still could have done anyway – and also that a significant number of Republican straight ticket voters would have remembered to vote all the way down the ballot as well. Maybe straight ticket voters cost Emmett this race and maybe they didn’t, but when you start out with a deficit that large you need everything to go right to have a chance at overcoming it. Not enough went right for Ed Emmett.

Two other points to note here. One is that I don’t remember anywhere near this level of mourning when straight ticket Republicans in 2010 ousted then-State Rep. Ellen Cohen and then-County Commissioner Sylvia Garcia, the latter in favor of a little-known young first time candidate. Two, it was within the power of the formerly-Republican-dominated Commissioners Court to take measures to mitigate against the seemingly pernicious effects of straight ticket voting. They could have engaged in efforts to better educate everyone in Harris County about how its voting machines worked instead of leaving that mostly to the political parties. They could have invested in newer voting machines that provided voters with more information about their range of options in the booth. They did not do these things. Which, to be fair, may not have made any difference in the era of Donald Trump and a rising demographic tide that is increasingly hostile to Republicans. It’s just that when men of great power and influence claim to have been undermined by forces entirely beyond their control, I tend to be a bit skeptical.

Anyway. I understand the concerns that some people have about Lina Hidalgo. I think she’ll be fine, I think she’ll figure it out, and I think Harris County will be fine. I also think that the professional news-gathering organizations could send a reporter or two to Dallas and ask about their experience after the 2006 election when an even lesser-known and much less qualified Democrat ousted the respected longtime Republican County Judge in that year’s blue wave. That fellow – Jim Foster was his name – had a turbulent tenure and was ousted in the 2010 Democratic primary by current County Judge Clay Jenkins. I’m sure we could all benefit from a review of that bit of history.

Beyond that, the main immediate effect of the Hidalgo and Garcia wins will be (I hope) the swift conclusion of the ongoing bail practices litigation. With the defeat of all the Republican misdemeanor court judges, there’s no one outside of Steve Radack and Jack Cagle left in county government who supports continuing this thing, and they’re now outvoted. Longer term, the next round of redistricting for Commissioners Court should be more considerate of the Latino voters in the county, as Campos notes. I also have high hopes for some sweeping improvements to voting access and technology now that we have finally #FiredStanStanart. Long story short, a review and update of early voting hours and locations, an investment in new and better voting machines, and official support of online voter registration are all things I look forward to.

One more point of interest, in the race for HCDE Trustee Position 4, Precinct 3. Democrat Andrea Duhon nearly won this one, finishing with 49.58% of the vote. Precinct 3 is where County Commissioner Steve Radack hangs his hat, and it was basically 50-50 in 2018. Radack is up for election in 2020. Someone with the right blend of ambition and fundraising ability needs to be thinking about that starting now.

Seeking a solution for the translators

Glad to see it.

Three days after election workers barred translators from asking Korean-American voters if they needed assistance inside a Spring Branch polling place, Harris County Clerk Stan Stanart met with a group of Korean-Americans to find a way to avoid a similar outcome on Election Day.

At the end of the hour-long meeting, which was brokered by Houston Councilwoman Brenda Stardig, the two sides were unable to agree on a solution that would allow volunteer translators to efficiently help Korean speakers cast ballots while following Harris County’s interpretation of the Texas Election Code. Stanart and the Korean-Americans agreed to work together on a fix, and each proposed a set of rules for translators.

“I want them to be successful,” Stanart said of the voters, who are largely elderly naturalized U.S. citizens. “But I want it to be within the law.”

[…]

On Wednesday afternoon, the Korean-Americans and their supporters sat around a table in the Korean Community Center in Spring Branch with Stanart, Stardig, and members of their staffs. Stardig invited each side to share ideas on how to improve the voting experience for Korean speakers.

Stanart said groups like the Korean American Voters League should inform the county when they plan to take voters to the polls so election workers can be prepared. He suggested the translators could set up a stand outside the 100-foot buffer zone and solicit voters there.

Some of the Korean-Americans said that would be impractical, since polling places are often crowded and non-English speakers are unsure where to go. They said making translators shuffle in line for an hour or more in some cases, instead of being available on an ad-hoc basis when voters reach the booths, is inefficient.

Others objected to being called loiterers by the county, noting that label is not applied to journalists and exit pollsters, who are free to work inside the 100-foot zone. They said Harris County is unfairly applying the Texas Election Code, which is silent on what a loiterer is and does not explicitly state where translators may or may not stand.

“It’s really not that clear,” said Sang Shin, Houston branch president of the Asian American Bar Association. “There are different opinions to that, legally.”

See here for the background. I feel like this is an area of the law that has not been greatly tested in the past, and as such no one is quite sure what to do now. As I said in my earlier post, it would be a good idea to revisit this law and take a stab at clarifying and updating it to better serve modern voters. We have nothing to lose here but our current state of confusion.

Shame on you, Stan Stanart

Just go away.

Judging by Harris County Clerk Stan Stanart’s campaign website, you might think that he is running against George Soros — the billionaire Jewish philanthropist who’s become a worldwide lightning rod for anti-Semitic groups, white supremacists and conspiracy theorists, but who has no apparent connection to the county clerk’s duties or to any current Harris County race.

“Make NO mistake,” begins the main article on re-elect.stanstanart.com. “George Soros wants to control Harris County Elections and Stan Stanart is in his way…. There are many more Flag Waving, defenders of the Constitution then [sic] those who support Soros’ world views, but remember ‘All that is necessary for evil to succeed is that good men do nothing.’”

The page unnerves observers attuned to historic attacks on Jews — particularly in light of the past two weeks, in which a Trump supporter sent a pipe bomb to Soros’ house, and a conspiracy-theory-fueled neo-Nazi gunman killed 11 congregants at a Pittsburgh synagogue.

Stanart’s focus on Soros is “clearly a dog whistle,” said Houston voter Rachel Dvoretzky, who discovered Stanart’s website last week via a discussion on Facebook. “It’s red meat for a wave of anti-Semitism that’s infecting American public discourse right now.”

The Anti-Defamation League noted earlier in October that Soros had become the focus of “outsized conspiracy theories, including claims that he masterminds specific global plots or manipulates particular events to further his goals. Many of those conspiracy theories employ longstanding anti-Semitic myths, particularly the notion that rich and powerful Jews work behind the scenes, plotting to control countries and manipulate global events.”

That’s part of a rising tide of anti-Semitism, which had been growing fast even before the past week’s violence. According to the ADL, in 2017, the number of reported anti-Semitic incidents in the U.S. surged 57 percent.

Stanart, for his part, said there’s no anti-Semitic intent behind his website. “Are you serious?” he shouted on the phone. “Are you serious?”

Asked about the ADL statement decrying conspiracy theories related to Soros, Stanart called it “B.S.! Big B.S.! He meddles in lots of races across the U.S. It has nothing to do with religion.”

I’m going to pay Stanart the compliment of taking it as a given that he’s not too stupid to grasp why the obsession that people like him have with George Soros is stinkingly anti-Semitic. Thankfully, Stanart is apparently able to be shamed (eventually), so there you have it, two nice things I can say about the man. Not much else to say beyond that except that all decent people should vote him out of office.

Yeah, we’re still talking about the risk to our elections

And when we talk about these things, we talk to Dan Wallach.

When we think about those who defend the territorial integrity of our nation and state, we tend to imagine well-equipped members of the U.S. armed forces, or perhaps a square-jawed detachment of Texas Rangers. Increasingly, however, the twenty-first century battle for control of the American homeland is being fought in the computerized elections systems overseen by our humble county clerks.

Here in Texas, votes in federal and state elections are tallied independently by 254 local officials, one in each county seat, from big cities like Houston and Dallas to tiny courthouse towns like Tahoka and Floydada. If a hostile country decides to hack an election in Texas, that means pitting Russia’s (or Iran’s or North Korea’s or China’s) most skilled hackers against a group of officials and volunteers who may not even know their way around an iPhone.

“We’re asking county clerks, and for that matter local poll workers, to defend against a nation-state adversary,” says Dan Wallach, computer science professor at Rice and expert on election security issues. “That’s not a fair fight.”

Wallach, a graduate of J.J. Pearce High School in Richardson as well as U.C. Berkeley and Princeton, has made it his mission to assist local election administrators by helping to develop and advocate for the adoption of foolproof, verifiable election systems and policies in Texas. From 2011 to 2015, Wallach served on the U.S. Air Force Scientific Advisory Board; before that he led the National Science Foundation–funded ACCURATE (A Center for Correct, Usable, Reliable, Auditable, and Transparent Elections). Most recently, he’s been seen testifying before the Texas Senate on issues related to election security.

“From a security perspective, the systems that we use, these electronic voting systems, were never engineered with the threat model of foreign nation-state actors,” Wallach says of the status quo in Texas. “I have no idea if anybody’s planning to exploit them, but there’s no question that the vulnerabilities are present.”

That’s the bad news. The good news is that remedies are within reach, if Texas is willing to invest money and other state-level resources to improve election security. Experts like Wallach have identified best practices that can make elections reliably secure for the current threat horizon. Wallach proposes what amounts to a three-step plan for improved election security: better machines, better oversight, and better contingency planning.

The rest of the story delves into those three steps; it begins of course with auditable voting machines that include printed ballots. Speaking from my perspective in the IT security field, I can confirm that every big company that wants to stay in business past tomorrow zealously captures, indexes, and monitors its systems’ log files, both to look for real-time anomalies and to provide a written record of what happened in the event of a breach or other failure. It’s just standard practice in the real world. Why our state government is so resistant to it for our election systems is a question for which they really need to be held accountable. I would also note that the $350 million price tag to replace every obsolete voting machine in the state, which apparently we can’t do unless the feds pick up the tab, is something we could easily afford if we wanted to do it. For now, assuming we don’t get a state government that’s willing to do this, our best bet is to work towards a federal government that will do it, presumably after 2020. And hope like hell in the meantime that nothing goes horribly wrong.

Final voter registration numbers

Busy last week.

Still the only voter ID anyone should need

Harris County added more than 11,000 voters to its rolls in the final week before the registration deadline, the last wave in a surge of half a million new Texas voters since the March primaries.

Democrats are most likely to benefit from the increase because new voters, many of whom are young and/or nonwhite, are more likely to support their party, University of Houston political science Professor Brandon Rottinhaus said.

“There is a long legacy of Democrats seeking to get more people registered, and the investment is likely to pay off,” Rottinghaus said. “This is a moment where there’s going to be a lot of nail biting from Republicans on election night.”

More than 66,000 residents registered to vote in Harris County since the spring, more than any other Texas county, according to the Texas Secretary of State. Since the 2014 midterms, Harris County has added 280,000 voters.

[…]

Rottinhaus cautioned that there is a poor correlation between voter registration and turnout. Even as more eligible Harris County voters have registered since the 1990s, turnout has declined. Republicans, he said, are hampered by their past success since they already have registered most of their potential voters. Democrats have more room to grow, he said, especially with Latinos, African Americans, new citizens and young people.

See here and here for some background. I’m sure what was intended in that last paragraph was that while overall turnout has gone up, at least in all of the Presidential year elections in the county, the percentage of turnout of registered voters has declined. Far more people voted in Harris County in 2016 than in 2008, for example, but the rate of turnout was slightly lower, precisely because there were so many more registrations.

Anyway. Putting the numbers together, we’re at 15.8 million statewide, and around 2,316,000 in Harris County. Keep that latter number in mind when you read this.

County Clerk Stan Stanart predicts up to a million Harris County residents could be casting ballots in a string of hotly-contested races.

One million voters in the county would be a lot for an off year – a record amount, in fact – but it would still only represent about 43% turnout. The high water mark so far is 2010, with just under 800K voters, and 41.7% turnout. Can we beat that? It feels a little crazy to say so, but I think we can. I also think we’d have a very different electorate with that one million this year than we did with that 800K eight years ago. I think we’re headed for new heights statewide, too. It’s on us to make sure the mix of voters is what we want it to be.

Endorsement watch: One out of three will have to do

They endorsed Ed Emmett, which comes as a surprise to no one.

It is with a twinge of regret that we endorse Ed Emmett for re-election as county judge. We’d rather be endorsing the pragmatic Republican for governor.

A man who began his tenure with the admonishment to “hunker down” during Hurricane Ike has become a steadfast pillar in our state’s ongoing political gale. As county judge he serves as chief executive for the four million people in Harris County and oversees road construction, flood control, hospital services and a litany of other county responsibilities. At a time when Republican leaders in Austin seem to thrive on the chaos of partisan pandering at the expense of their basic duties, and Texas Democrats remain unable to mount a viable opposition, Emmett offers an alternative vision of government — one focused on fulfilling the essential responsibilities of his office and meeting the needs of his constituents.

[…]

We don’t agree with Emmett on everything — he and other GOP members of Commissioners Court are wrong to continue funding expensive outside lawyers to defend the county’s unconstitutional bail system. But there’s no one we’d rather have guiding our regional government.

As for his Democratic challenger, we were thoroughly impressed that Lina Hidalgo was able to hold her own when the two met side-by-side for their endorsement meeting. Hildalgo, 27, was born in Colombia, came to the United States as a teenager and has an impressive resume that includes elite institutions such as Stanford, Harvard and New York University. She has an academic background in criminal justice reform and has worked in Southeast Asia promoting government transparency. Closer to home, she spent time at the Texas Civil Rights Project and served as a Spanish-English medical interpreter at the Texas Medical Center.

Hidalgo offers a vision of a county government more actively involved in public policy debates, such as working to help migrant families at the border. She also resurrected the idea of a county-sponsored pre-K program. Overall, she is committed to caring about the most vulnerable among us.

The most interesting thing in the editorial was the revelation that Emmett plans to vote for Mike Collier over Dan Patrick. That in itself isn’t too surprising – Patrick loathes Republicans like Emmett, and he sure hasn’t done anything good for Harris County – but saying it for the record is something new. One hopes he feels the same way about Justin Nelson over Ken Paxton, and Kim Olson over Sid Miller as well. As for Lina Hidalgo, if you haven’t listened to my interview with her, I encourage you to do so. I like what Lina has been saying and doing, and I’m glad she jumped into this race.

They endorsed Chris Daniel for re-election as District Clerk.

[Daniel’s] office has responsibility for overseeing the behind-the-scenes work in our district courts, including the ongoing project of implementing e-filing in the criminal courthouse. Both the civil and family courts have already transitioned to this new system. Daniel, 36, is also one of the rare Republicans to earn an endorsement from the AFL-CIO, which he told the editorial board he attributes to his support for a $15 minimum wage for his employees.

In his meeting with the editorial board, Daniel made a convincing case that his office needs additional funds to help support the specialty diversion courts that have become an important part of our criminal justice system. He also proposed that the legislature provide a tax incentive to compensate businesses that provide paid leave for employees on jury duty — an idea we fully support.

His Democratic challenger, Marilyn Burgess, has managerial experience in the public and private sector, including service as executive director of Texas PTA and president of North Houston-Greenspoint Chamber of Commerce. While lawyers may be concerned that she doesn’t have a law degree, Burgess pointed out the situation is similar to hospital managers who aren’t doctors. Burgess, however, would bring the credentials of a certified public accountant.

The Chron was complimentary to Burgess, saying she would undoubtedly be excellent if she were elected. I did not do any interviews for District Clerk. I interviewed Loren Jackson twice, in 2008 and 2010, and I interviewed Judith Snively in 2014, and honestly there isn’t much to ask about, as District Clerk is a pretty straightforward job. I endorsed Burgess early on, as she was easily the best candidate in the primary and was one of the first candidates at any level out there campaigning.

Of greater interest, they endorsed Diane Trautman for County Clerk.

Diane Trautman

While we endorsed Stanart in 2014, we do not believe he is fit for a third term.

Instead, we encourage voters to support his challenger, Diane Trautman. A current at-large board member at the Harris County Department of Education, Trautman has managerial experience in the public and private sector and a doctorate from Sam Houston State University with a dissertation on women’s leadership styles. Meeting with the editorial board, she offered a litany of ideas for improving those frustratingly slow election night returns, including better training and a more transparent process. She also has a passion for creating countywide voting centers so that people don’t have to cast their ballots at specific — and often inconvenient — precincts on Election Day.

“Currently 52 counties [in Texas] are already using this method of voting successfully and increasing their voter turnout,” she said. “The question is: Why aren’t we?”

Overall, Trautman offers a more managerial sense of the role than Stanart’s current method of operating in the weeds. For example, the incumbent personally spearheaded a plan to create plastic stands to hold iPads to help run elections. The project made headlines for its $2.75 million price-tag, including $1 million worth of iPads that sat unused in a warehouse. It was one of many bizarre scandal to occur on his watch. The 2012 primary runoff results were delayed due to technical errors, and the original numbers had to be corrected. In the 2011 general election his office published an inaccurate manual for election judges.

Stanart’s use of George Soros-related fear-mongering on his campaign website also brings an unnecessary tinge of partisanship to his office and panders to anti-Semitic conspiracy theories. His site says that the Jewish Hungarian billionaire “wants to control Harris County Elections” — a bizarre and inaccurate claim. Stanart told us it was based on a rumor that later turned out to be untrue but he never changed the website. Voters should want the person in charge of our elections to be above the usual political squabbles and avoid spreading unsubstantiated gossip.

There’s more Stanart-bashing in the piece, so go read and enjoy. My interview with Trautman is here, and you know I think she’s aces. You want to #FireStanStanart, this is your chance.

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.

Final EV turnout for the flood bond referendum

Lower than initial estimates, though I think the initial estimates were on the optimistic side. But really, we were all guessing.

Tuesday is the final day of early voting for Harris County’s proposed $2.5 billion flood bond, and as residents continue to trickle to the polls, the county clerk has downgraded his turnout estimate by a third.

When early voting began Aug. 8, Harris County Clerk Stan Stanart estimated 10 percent to 13 percent of the electorate would turn out, totaling between 230,000 and 300,000 voters. He lowered that estimate Monday afternoon to 170,000 to 180,000 voters, around 7.5 percent.

Put another way: that’s less than one vote per Harris County home or apartment building flooded by Hurricane Harvey. Stanart pleaded with Harris County’s 2.3 million registered voters to take the time to cast a ballot.

“There’s no lines at all. Just come in and vote, we’re waiting on you,” Stanart implored. “You get the government you vote for, so here’s your chance.”

[…]

Robert Stein, a Rice University professor who studies elections, said he expects most ballots to be cast during early voting. Though Commissioners Court members chose to hold the vote on the one-year anniversary of Harvey in the hopes of raising turnout, Stein said he is doubtful voters will rush to the polls on Saturday.

Some Republicans, including state Sen. Paul Bettencourt, have called for an end to summer elections on tax-increasing items, such as bonds, because they historically have low turnout.

Stein said poor voter participation should be cause for concern, but the date of the election was unlikely to change the public’s level of support for the bond.

“For the health and welfare and democracies, we should have more people voting,” Stein said. “But I don’t think the outcome would have been radically different if we had it in November.”

I agree with Professor Stein on all points. I will also reiterate my position that going with a November election for this would have been the safer choice, all things being equal. This one is on a road to passage because basically no one has argued against it. Having it in August was a choice made for reasons symbolic and strategic, and one can agree or disagree with those reasons. It could have mattered, but in the end I’m pretty sure it won’t have mattered.

Anyway, here are the final EV numbers. Tuesday was the last day, and like other last days of early voting it was the busiest, with 13,680 in person and absentee ballots being cast. That brings the EV total to 92,691 overall. I have no idea what anyone expected, but I’m sticking with my final turnout estimate of around 150K. We’ll see.

Today is the last day for early voting for the flood bond

From the inbox:

“Don’t put off until Election Day what you can do now,” said Harris County Clerk Stan Stanart, as he reminded voters that Tuesday, August 21, is the last day to vote early in the Harris County Flood Control District Bond Election. Forty-five early voting locations are available from 7 am to 7 pm to serve voters throughout the county. See www.HarrisVotes.com for locations.

“This is an important election for the future of the county,” asserted Stanart, the Chief Elections Officer of the county. “All Harris County registered voters are eligible to vote in this election,” concluded Stanart.

Voters may view the Harris County Flood Control District list of proposed projects to mitigate flooding at www.hcfcd.org/bond-program. Election Day is Saturday, August 25, 2018.

To obtain a detailed early voting schedule, a sample ballot, or a list of acceptable forms of identification to vote at the polls, voters may visit www.HarrisVotes.com or call the Harris County Clerk’s office at 713.755.6965.

Here’s the daily EV report through Monday. A total of 79,011 votes have been cast so far. There hasn’t been any discernible uptick in early voting, and while the last day is traditionally the heaviest I wouldn’t expect too much here. I’d probably knock my estimate of the final tally down a notch – if the previous range was 150K to 200K, I’d say we’ll be at the lower end of that, maybe not quite making it. I’ll revisit that after we see Tuesday’s totals, but one way or another we’re not coming close to ten percent turnout. If you haven’t voted and don’t vote today, Saturday is your last chance, and you’ll need to find your precinct location for that. Don’t miss your chance.

Day Seven flood bond EV totals

The word of the week is “slow”.

Fewer than 46,000 ballots have been cast in the first week of early voting on Harris County’s $2.5 billion flood bond referendum, but county officials on Monday said they expect many more voters leading up to the Aug. 25 anniversary of Hurricane Harvey’s landfall.

According to the county clerk’s office, 2,692 voters went to the polls in person Monday. Combined with 575 mail-in ballots returned Monday, the first six days of early voting have seen a total of 45,517 ballots.

“Bond elections don’t usually get voters excited, but there are plenty of days of early voting,” Harris County Clerk Stan Stanart said.

Last week, Stanart estimated that 230,000 to 300,000 voters would cast ballots on the bond referendum. By Monday, he had dropped his projection to 150,000 to 200,000 total votes by the end of the election, even as he expects turnout to increase closer to the one-year anniversary of Harvey, when media coverage and advertisements in support of the flood bond will increase publicity.

[…]

Rice University political scientist Robert Stein said he is skeptical the number of voters will increase come Aug. 25, but he added that low turnout does not necessarily signal a lack of support for the bond plan. He predicted the bond would pass with at least 60 percent of the votes cast.

A University of Houston poll last week put support for the bond around 62 percent.

Stein said low voter turnout is a “free rider” issue for residents who assume their vote does not matter.

“The public believes this (flood control bond) will pass and want it to pass,” he said. “But the assumption is perfectly reasonable that, ‘I’m not going to vote. Someone else will do it.’”

See here for more on that poll. I tend to agree with Professor Stein on both counts here. I suspect that the bulk of the ballots will be cast early, and I don’t see much in the way of opposition, at least not at a level to push people to the polls.

I suspect Stanart’s initial optimism was based on the number of mail ballots sent out. There were about 68K of them sent out for this election; by comparison, there were about 89K mail ballots sent out for the November 2014 election, of which about 71K were returned. More people vote by mail these days, and an election like this is going to be especially heavy with older voters, but that’s still a significant enough number to suggest a level of turnout that’s a decent fraction of a regular November off-year election. It’s just that the in person EV totals have not been consistent with that.

In any event, here are the EV toitals after one full week. If there’s an uptick coming, it has not yet arrived. After seven days, 16,277 people have voted in person and 34,388 by mail, for 54,665 in total. I do think we will see an upward trend in the last few days, as we usually do, but for now we are just toddling along. And as Campos notes, the original idea was for this to have modest-at-best turnout, so I suppose we are more or less where we should have expected to be. Have you voted yet? I figure I will on Friday.

July 2018 finance reports: Harris County candidates

Let’s take a look at where we stand with the candidates for county office. January report info is here. On we go:

County Judge

Ed Emmett
Lina Hidalgo

Commissioner, Precinct 2

Jack Morman
Adrian Garcia

Commissioner, Precinct 4

Jack Cagle
Penny Shaw

District Clerk

Chris Daniel
Marilyn Burgess

County Clerk

Stan Stanart
Diane Trautman

County Treasurer

Orlando Sanchez
Dylan Osborne

HCDE, Position 3 At Large

Marcus Cowart
Richard Cantu

HCDE, Position 4, Precinct 3

Josh Flynn
Andrea Duhon


Candidate       Office    Raised      Spent     Loan    On Hand
===============================================================
Emmett    County Judge   618,590    138,209        0    934,714
Hidalgo   County Judge   183,252     67,007        0    116,263  

Morman      Comm Pct 2   612,400    178,027   30,185  2,710,005
A Garcia    Comm Pct 2   342,182    141,745        0    154,693  

Cagle       Comm Pct 4   199,800    451,189        0    658,641
Shaw        Comm Pct 4     7,838     10,591        0      1,234

Daniel  District Clerk   106,675    113,813   45,000     59,920
Burgess District Clerk     5,527      1,504        0      9,476

Stanart   County Clerk     5,820      5,836   20,000     75,389
Trautman  County Clerk     8,705      4,236        0     23,749

Sanchez      Treasurer    86,185      4,801  200,000    281,383
Osborne      Treasurer     1,645      2,441        0        491

Cowart          HCDE 3         0          0        0          0
Cantu           HCDE 3       953      1,606        0        656

Flynn           HCDE 4       200      2,134        0          0
Duhon           HCDE 4     1,476      1,149        0        977

All things considered, that’s a pretty decent amount of money raised by Lina Hidalgo, especially as a first-time candidate running against a ten-year incumbent. She has the resources to run a professional campaign, and she’s done that. I don’t know what her mass communication strategy is, but she will need more to do that effectively. We’re a big county, there are a lot of voters here, and these things ain’t cheap. She was endorsed last week by Annie’s List, so that should be a big help in this department going forward.

Ed Emmett is clearly taking her seriously. He’s stepped up his fundraising after posting a modest report in January. Greg Abbott has already reserved a bunch of TV time with his bottomless campaign treasury, and I figure that will be as much to bolster local and legislative candidates as it will be for himself. Still, those who can support themselves are going to continue to do so.

Which brings us to Commissioners Court in Precinct 2, one of the top-tier races of any kind in the region. Adrian Garcia started from scratch after his Mayoral and Congressional campaigns, and he’s done well to get prepped for the fall. That’s a challenge when the guy you’re up against has as much as Jack Morman has, but at least Garcia starts out as someone the voters know and have by and large supported. I will be interested to see just what Morman has in mind to do with all that money, but until we see something tangible I have a dumb question: Why, if you have $2.7 million in the bank, would you not just go ahead and clear up that $30K loan? Is there some subtle financial reason for it, or is it just that no one cares about campaign loans being paid back? Anyone with some insight into these burning questions is encouraged to enlighten us in the comments.

Speaking of loans, that 200K bit of debt for Orlando Sanchez keeps on keeping on. Sanchez managed to get a few people to write him four-figure (and in one case, a five-figure) checks this period. I literally have no idea why anyone would do that, but here we are. It gives me something to write about, so we can all be thankful for that.

I’ve got more of these to come. Let me know what you think.

Primary Day 2018

From the inbox:

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

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

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

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

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

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

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

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

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

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

2018 primary early voting Day One: Let’s get this started

And we’re off, with a few concerns about aftereffects of Harvey.

Hurricane Harvey may loom large in many Houston-area residents’ minds, but the storm is expected to have a limited impact on participation in the Texas primary, which kicks off Tuesday with the start of early voting.

Nearly two weeks of early balloting precedes the Lone Star State’s March 6 primary, the first in the nation.

“On one hand, we’re going to see a decline in turnout among some individuals who are displaced. On the other hand, I think there are some people who will counterbalance that decline because they’ve become more politically active and aware as a result of Harvey,” Rice University political scientist Mark Jones said. “The net effect is likely to be pretty neutral.”

Harris County Clerk Stan Stanart, whose office administers local elections, agreed.

“If it does, it’s going to be so small you won’t be able to measure it,” Stanart said. “Your primary voters are your core voters, your most loyal of voters, so those people tend to vote no matter what’s happening. So, I don’t anticipate much disruption in their voting patterns.”

I think turnout is going to be up due to a higher level of engagement this year, but we’ll soon see. It will be interesting to track the vote by State Rep district, to see how things may have changed from previous years.

Speaking of which, of course I have those totals, from 2010 and 2014. Google Drive is an amazing thing. And now we can add the 2018 totals and have a look at them all.


Year  Party   Mail In Person    Total
=====================================
2010    Dem  2,886     2,190    5,076
2010    Rep  5,946     2,774    8,720

2014    Dem  2,080     1,276    3,356
2014    Rep  9,048     2,807   11,855

2018    Dem  4,174     3,833    8,007
2018    Rep  6,138     3,509    9,646

So more Dems voted in person, but more Republicans voted overall because of more mail ballots being returned. Note, however, that more mail ballots were sent to Democratic voters (30,072) than to Republican voters (29,566), which is a big change from 2014. It’s one day and there’s a long way to go, but this is a strong start. I’ll keep an eye on this as we go. When do you plan to vote?

Stanart’s workshop

Our County Clerk has been doing some tinkering.

The Harris County Clerk has spent hundreds of hours and millions of dollars to build, from the ground up, an electronic voter check-in system at the polls, Channel 2 Investigates has learned.

“It’s taken more than two-and-a-half years. There’s been investments of more than $2 million, and we don’t really have anything to show for it yet,” said Adrian Shelley, Texas Director of Public Citizen, a citizen advocacy group.

Based on receipts provided by his office, Stan Stanart, an elected official in his second term, has spent $2.75 million of public funds, so far, inventing what he calls an “electronic poll book.”

It is unclear how much more Stanart plans to spend to bring the project to fruition or how much the system will cost in annual maintenance.

Stanart has said his project could ultimately offer substantial savings to Harris County versus an “off-the-shelf system” which by Stanart’s estimates would cost between $3.99 million and $6.12 million. (View document)

Stanart’s project principally consists of an iPad, custom software and a customized stand to hold the iPad. The finished product will alleviate long lines at voting locations by making the check-in process more efficient, Stanart has said.

The clerk procured hundreds of individual parts for the project, including thousands of dollars of washers, magnets and foam.

The purchase of 2,400 iPads was made in July 2015. The vast majority of those iPads stayed in a warehouse, unopened and unused for more than two years.

Stanart has said he is now in the process of mating the iPads to his custom-built stands. He rolled out less than 100 of them in November for a test run. The county clerk has not publicized the results of that initial foray, but has said he plans the full implementation of his system in March’s primaries.

“I think most reasonable would say you probably shouldn’t have spent $1 million on iPads if you weren’t going to use them sometime soon,” Harris County Commissioner Rodney Ellis said.

Both Ellis and Shelley said the idea of automating the voter check-in process is a worthy pursuit, but questioned why the project has not had more transparency.

I’ll cut right to the chase and say that I agree with Ellis and Shelley. It’s entirely possible that this was a worthwhile project for the County Clerk to take on, but:

1) Are we sure there wasn’t a commercial or open source solution out there? Even if it was more expensive, being able to deploy it in earlier elections would have mitigated the extra cost.

2) What oversight did this project have? I’ve been involved in some big projects in the corporate world. We have timelines, signoffs, approvals, all sorts of things to ensure that the people who need to know about it do know about it and know where it stands. How much has Commissioners Court been looped in on this?

3) Are there any design documents, or other technical descriptions of what this is, what it is intended to do, what the requirements are, etc etc etc? In other words, is it written down anywhere what to expect when this thing finally debuts? And if so, where is that?

4) Finally, not to put too fine a point on it, but what was the original budget for this, and how does that compare with what has actually been spent?

Maybe this thing will be great, and maybe it will be a dud. The idea is a good one, but that means nothing if the execution isn’t there. It’s way past time for these questions to be answered.

The Harris County slates

Let’s talk about the filings for Harris County. The SOS filings page is still the best source of information, but they don’t provide shareable links, so in the name of ease and convenience I copied the Democratic filing information for Harris County to this spreadsheet. I took out the statewide candidates, and I didn’t include Republicans because they have not updated the SOS office with their slate. Their primary filing site is still the best source for that. So review those and then come back so we can discuss.

Ready? Here we go.

– If there was an announcement I missed it, but HCDE Trustee Erica Lee, in Position 6, Precinct 1, did not file for re-election. Three candidates did file, Danyahel Norris, an attorney and associate director at the Thurgood Marshall School of Law; John F. Miller, who was a candidate for HCDE Chair earlier this year; and Prince Bryant.

– While there are contested races up and down the ballot, there’s one race that is no longer contested. Mike Nichols withdrew his filing for Harris County Judge, leaving Lina Hidalgo as the sole candidate to oppose Judge Ed Emmett next fall.

– The SOS page also shows that Sammy Casados withdrew his filing for County Commissioner. However, his campaign Facebook page makes no such announcement, and there’s no evidence I can find to confirm that. It’s possible this is a mistake on the SOS page. We’ll know soon enough, when the HCDP publishes its official final list. Anyway, the cast for Commissioner in Precinct 2 also includes Adrian Garcia, Daniel Box, Roger Garcia, and Ken Melancon, who was previously a candidate for Constable in Precinct 3 (note that Constable precincts, like Justice of the Peace precincts, do not correspond to Commissioner precincts). Also, there are now two candidates for Commissioner in Precinct 4, Penny Shaw and Jeff Stauber, who was a candidate for Sheriff in 2016.

– All other county races save one are contested. Diane Trautman has two opponents for County Clerk: Gayle Mitchell, who ran for the same office in 2014, losing to Ann Harris Bennett in the primary, and Nat West, who is the SDEC Chair for Senate District 13 and who ran for County Commissioner in Precinct 1 in that weird precinct chair-run election. Two candidates joined Marilyn Burgess and Kevin Howard for District Clerk, Michael Jordan and former Council candidate Rozzy Shorter. Dylan Osborne, Cosme Garcia, and Nile Copeland, who ran for judge as a Dem in 2010, are in for County Treasurer. HCDE Trustee Position 3 At Large has Josh Wallenstein, Elvonte Patton, and Richard Cantu, who may be the same Richard Cantu that ran for HISD Trustee in District I in 2005. Only Andrea Duhon, the candidate for HCDE Trustee for Position 4 in Precinct 3, has a free pass to November.

– I will go through the late filings for legislative offices in a minute, but first you need to know that Lloyd Oliver filed in HD134. Whatever you do, do not vote for Lloyd Oliver. Make sure everyone you know who lives in HD134 knows to vote for Alison Sawyer and not Lloyd Oliver. That is all.

– Now then. SBOE member Lawrence Allen drew an opponent, Steven Chambers, who is a senior manager at HISD. That’s a race worth watching.

– Sen. John Whitmire has two primary opponents, Damien LaCroix, who ran against him in 2014, and Hank Segelke, about whom I know nothing. Rita Lucido, who ran for SD17, threw her hat in the ring to join Fran Watson and Ahmad Hassan.

– Carlos Pena (my google fu fails me on him) joins Gina Calanni for HD132. Ricardo Soliz made HD146 a three-candidate race, against Rep. Shawn Thierry and Roy Owens. There are also three candidates in HD133: Marty Schexnayder, Sandra Moore, and someone you should not vote for under any circumstances. He’s another perennial candidate with lousy views, just like Lloyd Oliver. Wh you should also not vote for under any circumstances.

– The Republican side is boring. Stan Stanart has a primary opponent. Rep. Briscoe Cain no longer does. There’s some drama at the JP level, where Precinct 5 incumbent Jeff Williams faces two challengers. Williams continued to perform weddings after the Obergefell decision, meaning he did (or at least was willing to do) same sex weddings as well. You do the math. Unfortunately, there’s no Democrat in this race – it’s one of the few that went unfilled. There was a Dem who filed, but for reasons unknown to me the filing was rejected. Alas.

I’ll have more in subsequent posts. Here’s a Chron story from Monday, and Campos has more.

UPDATE: Two people have confirmed to me that Sammy Casados has withdrawn from the Commissioners Court race.

Early voting for HISD and HCC runoffs begins today

From the inbox:

Harris County Clerk Stan Stanart announced today that nine Early Voting locations will open starting Nov. 29 where eligible voters may cast a ballot during the early voting period for theDecember 9, 2017 Joint Runoff Election. The Early Voting Period for the Runoff Election runs from Nov. 29 to Dec. 2 and resumes Dec. 4 to Dec. 5.

“To find out if you reside in one of the three districts where an election is taking place and view your individual sample ballot,  you may visit www.HarrisVotes.com, advised Stanart, Harris County Clerk and Chief Election Official. “In this instance, the districts in play do not overlap. So all eligible voters will see only one contest on their ballot.” 

County Clerk Stanart encourages voters to review the early voting schedule before heading to the poll to confirm the address of the early voting location.  In the conduct of non-countywide elections, only available early voting sites within or near each district are utilized in a Runoff Election.   

“To be eligible to vote in a particular contest on the Runoff Election ballot, you must be registered to vote in the district which is up for election,” emphasized Stanart“Qualified voters of one of these districts, may vote in the Runoff, even if they did not vote in the November Election.”

An estimated 90,000 registered voters meet the requirement to vote in the Houston Community College Trustee District IX race, 78,000 in the Houston ISD Trustee District I race and 55,000 in Houston ISD Trustee District III race.  The Joint Runoff Election is being held because no candidate received over fifty-percent of the votes on November 7 in these three districts.

Voters may find the complete Early Voting Schedule, view a personal sample ballot, or review the list of acceptable forms of identification to vote at the poll at www.HarrisVotes.com.  Voters may also call 713.755.6965 for election information.

###

 

Harris County, Texas – Early Voting Locations
December 9, 2017 Joint Runoff Election

Location Address City Zip
Harris County Administration Building 1001 Preston Street, 4th Floor Houston 77002
Moody Park Community Center 3725 Fulton Street Houston 77009
HCCS Southeast College 6960 Rustic Street, Parking Garage Houston 77087
Young Neighborhood Library 5107 Griggs Road Houston 77021
Fiesta Mart 8130 Kirby Drive Houston 77054
Metropolitan Multi-Service Center 1475 West Gray Street Houston 77019
Sunnyside Multi-Purpose Center 9314 Cullen Boulevard Houston 77051
Hiram Clarke Multi-Service Center 3810 West Fuqua Street Houston 77045
Hardy Senior Center 11901 West Hardy Road Houston 77076

As noted before, only some of us have cause to vote. If you’re not in HCC 9 or HISD I or III, all of which are highlighted in the embedded map, you’re off the hook. For the lucky few who do get to vote, note that early voting is only six days (no voting on Sunday), so make your plan to get out there.

Election Day 2017

It’s time to vote if you haven’t already. Not many people have, as we know.

Harris County turnout is expected to remain feeble through Election Day, with no marquee race to draw voters to the polls and thousands still displaced by Hurricane Harvey.

Fewer than 59,000 of the county’s more than 2.2 million registered voters cast a ballot by the end of early voting Friday, a paltry showing even in a traditionally low-turnout state.

“Nobody’s voting because really nothing overly controversial is on the ballot,” Rice University political scientist Mark Jones said, projecting total voter participation will reach of 80,000 to 100,000.

Unlike in recent off-cycle elections, Houston residents do not have mayoral or city council races to weigh in on, thanks to a recent change to term limits.

Instead, the city ballot features several propositions, as well as races for the Houston ISD and Houston Community College school boards.

What’s interesting about this is that Prof. Jones is suggesting that somewhere between 60 and 75 percent of the total votes have already been cast. That’s a higher percentage than what I estimated, and it feels a bit peculiar to me because early voting has topped out at around half of the final total in odd-year elections. Maybe this year will be different – Lord knows, it’s different in many other ways – but I would like to understand the reasoning behind that projection. In any event, going by my “Houston is 70% of Harris County in odd year vote totals”, that suggests final citywide turnout of 56,000 to 70,000, which is similar to my estimate but with a lower ceiling.

Here’s the usual press release from the County Clerk’s office:

“Regardless of where voters reside in Harris County, voters will see seven state propositions on their ballot,”said Harris County Clerk Stan Stanart, alerting the registered voters in the County that Tuesday’s November 7, 2017 General and Special Elections is a countywide and statewide election. In addition to the State Propositions, the ballot also features items offered by 29 political jurisdictions within the County.  Polling locations will be open from 7 am to 7 pm.

“Voters can view their individual sample ballot and review the items on which they may vote by visiting the County Clerk’s election website,  www.HarrisVotes.com,Stanart specified. “This election merits the attention and participation of all voters. Aside from the State, there are five cities, 14 ISDs, and 10 utility districts with contests on the ballot.”

“Voters should know the address of their voting location and the acceptable forms of identification required at the poll before going to vote,” advised Stanart.  “The polling location in approximately 30 voting precincts in areas impacted by Hurricane Harvey, have changed.”  There will be 735 Election Day polling location available throughout Harris County.  On Election Day, voters must vote at the voting precinct where they are registered to vote.

“Voters in the City of Houston should be aware that this is the first odd-numbered year election when the Mayor, Controller and City Council races are not on the ballot,” informed Stanart.  “Don’t be surprised if you don’t see those contests on your ballot.”

Voters may find their designated Election Day polling location, view a personal sample ballot, or review the list of acceptable forms of identification to vote at their poll at www.HarrisVotes.com. Voters may also call 713.755.6965 for election information.

Stan Stanart is the Clerk, Recorder and the Chief Elections Officer of the third largest county in the United States.

 

List of Political Entities on the Nov. 7, 2017 General & Special Elections Ballot in Harris County, TX
State of Texas Pasadena ISD
City of Baytown Spring Branch ISD
City of Bellaire Stafford Municipal SD
City of Houston Tomball ISD
City of Missouri City Crosby MUD
Houston Community College System Harris County MUD No. 61 (defined area)
Aldine ISD Harris County MUD No. 551
Alief ISD Harris County MUD No. 552
Crosby ISD Mount Houston Road MUD
Cypress-Fairbanks ISD Northwest Harris County MUD No. 6
Deer Park ISD Northwest Harris County MUD No. 22
Houston ISD Cypress-Klein UD
Katy ISD Prestonwood Forest UD
Klein ISD Harris County WC & ID No. 133
New Caney ISD The Woodlands Township

Finally, if you have been displaced by Hurricane Harvey, please read this information from the Secretary of State Short version: you can still vote in your original precinct, as long as it is your intent to return there at some point. Note that state election law says you don’t actually have to return, you just have to say you intend to. You can re-register another time. So no excuses, go and vote if you haven’t already. I’ll have results tomorrow.

LWV to look at Harris County election security

I look forward to seeing their results.

The League of Women Voters of the Houston Area plans to study the cybersecurity of Harris County’s election system, but the non-partisan group may not be able to gather all the information it wants.

The League, working with the non-profit civic-tech activist group Sketch City, hopes to finish the study and release recommendations by May 2018.

During an organizational meeting [last] Tuesday night at the Leonel Castillo Community Center, Sketch City founder Jeff Reichman said the group had received early cooperation from both the Harris County Clerk’s office, which administers elections, and the Harris County Tax Assessor-Collector, which handles voter registration.

Reichman said the group wants to study all aspects of the election process, which uses Hart InterCivic eSlate voting machines that are about 15 years old. He said they want to look into the documented vulnerabilities of the machines; how easily computers involved in the election can be physically accessed both in storage and while in use in elections; and what the procurement process is for buying new machines.

“We want to look into the best practices that anyone with access to sensitive information should follow,” Reichman said during Tuesday’s meeting.

There’s been a lot of debate about the security of our election systems, locally and nationally. Less discussed is the fact that our voting system is just old, at least in technological terms. The eSlate made its debut in Texas in the 2000 election and has been in use in Harris County since 2002, which is five years before the debut of the iPhone. One would think there have been some advances in the engineering since then. As such, even without this particular elephant in the room, we have needed to be thinking about what comes next for some time. If this is even a small step in that direction, I’m glad to see it. I’m not sure what it would take otherwise.

Early voting for November 2017 begins today

From the inbox:

“The best option to vote in the upcoming Nov. 7 election is during the early voting period,” advised Harris County Clerk Stan Stanart. Early Voting for the November 7, 2017 General and Special Elections begins Monday, October 23 and will run through Friday, November 3. There will be 45 Early Voting locations across Harris County.

“Voters should be informed before heading to the polls as several of the usual Early Voting locations have changed”, said Stanart. “Locations hit hardest by flooding such as those running along Cypress Creek and those located near the Addicks and Barker Reservoirs have seen changes to several of their Early Voting locations”.

In addition to the 7 proposed State Constitutional Amendments, there are 5 cities, 14 ISD’s, and 10 utility districts with contests on the ballot. Voters can find their individual sample ballot at www.HarrisVotes.com.

“The impact of Hurricane Harvey to South Texas has been huge, and while we are recovering, please realize that government needs your participation in this election,” concluded Stanart. The pulling together of neighbors helping neighbors has been truly inspiring. Please join your neighbors as we meet at your neighborhood early voting location.”

To find polling locations for Early Voting and Election Day, view a personal sample ballot, or review the list of acceptable forms of identification to vote at the poll, voters may visit www.HarrisVotes.com or call the Harris County Clerk’s office at 713.755.6965. Stan Stanart is the Chief Elections Administrator and recorder for the third largest county in the United States.

Below is a list of early voting locations, some of which are new and one of which is a previously-used location that is not available due to Harvey. For a map and the EV schedule, see here. I’ll keep track of the daily totals as usual, and we’ll try to make our guesses as we go along about turnout. Feel free to place your guesses about how things go in the comments. When do you plan to vote?

Harris County, Texas – Early Voting Locations
November 7, 2017 General and Special Elections

Location Address City Zip
Harris County Administration Building 1001 Preston Street, 4th Floor Houston 77002
Moody Park Community Center 3725 Fulton Street Houston 77009
Kashmere Multi Service Center 4802 Lockwood Drive Houston 77026
Ripley House Neighborhood Center 4410 Navigation Boulevard Houston 77011
HCCS Southeast College 6960 Rustic Street, Parking Garage Houston 77087
Young Neighborhood Library 5107 Griggs Road Houston 77021
Fiesta Mart 8130 Kirby Drive Houston 77054
Metropolitan Multi Service Center 1475 West Gray Street Houston 77019
Harris County Public Health 2223 West Loop South Freeway, 1st floor Houston 77027
SPJST Lodge 88 1435 Beall Street Houston 77008
Northeast Multi Service Center 9720 Spaulding Street, Building 4 Houston 77016
Alvin D. Baggett Community Center 1302 Keene Street Galena Park 77547
John Phelps Courthouse 101 South Richey Street Pasadena 77506
Sunnyside Multi Purpose Center 9314 Cullen Boulevard Houston 77051
Hiram Clarke Multi Service Center 3810 West Fuqua Street Houston 77045
Bayland Park Community Center 6400 Bissonnet Street Houston 77074
Tracy Gee Community Center 3599 Westcenter Drive Houston 77042
Trini Mendenhall Community Center 1414 Wirt Road Houston 77055
Lone Star College Victory Center 4141 Victory Drive Houston 77088
Acres Homes Multi Service Center 6719 West Montgomery Road Houston 77091
Hardy Senior Center 11901 West Hardy Road Houston 77076
Octavia Fields Branch Library 1503 South Houston Avenue Humble 77338
Kingwood Community Center 4102 Rustic Woods Drive Kingwood 77345
Rosewood Funeral Home 17404 W. Lake Houston Pkwy Atascocita 77346
Crosby Branch Library 135 Hare Road Crosby 77532
North Channel Library 15741 Wallisville Road Houston 77049
Baytown Community Center 2407 Market Street Baytown 77520
Kyle Chapman Activity Center 7340 Spencer Highway Pasadena 77505
Freeman Branch Library 16616 Diana Lane Houston 77062
Harris County Scarsdale Annex 10851 Scarsdale Boulevard Houston 77089
Alief ISD Administration Building 4250 Cook Road Houston 77072
Harris County MUD 81 805 Hidden Canyon Road Katy 77450
Nottingham Park 926 Country Place Drive Houston 77079
Katy Branch Library 5414 Franz Road Katy 77493
Bear Creek Park Community Center UNAVAILABLE    
Lone Star College Cypress Center 19710 Clay Road Katy 77449
City of Jersey Village City Hall 16327 Lakeview Drive Jersey Village 77040
Richard & Meg Weekley Community Center 8440 Greenhouse Road Cypress 77433
Juergen’s Hall Community Center 26026 Hempstead Highway Cypress 77429
Prairie View A&M University Northwest 9449 Grant Road Houston 77070
Fallbrook Church 12512 Walters Road Houston 77014
Klein Multipurpose Center 7500 FM 2920 Klein 77379
Tomball Public Works Building 501B James Street Tomball 77375
Lone Star College Creekside 8747 West New Harmony Trail Tomball 77375
Spring First Church 1851 Spring Cypress Road Spring 77388
Lone Star College – North Harris 2700 W W Thorne Drive Houston 77073

 

We have a candidate for Treasurer

Dylan Osborne

The Democratic slate for countywide offices in 2018 is now filled out as Dylan Osborne has announced his candidacy for Harris County Treasurer. Osborne has been a City Council staffer and currently works in the Planning & Development Department for the City of Houston. He joins the following on the ticket for next November:

Lina Hidalgo, County Judge
Diane Trautman, County Clerk
Marilyn Burgess, District Clerk
Josh Wallenstein, HCDE Trustee, Position 3 At Large

All this presumes there are no other entrants into the primaries. Given how crowded some other races are I wouldn’t bet on that, but this is what we have now. As noted in the previous update, we are still awaiting candidates for County Commissioner in Precinct 2, and an HCDE Trustee for Position 4, Precinct 4, as well as some State Reps. Filing season opens in about five weeks.

Did you know that the current Treasurer, Orlando Sanchez, is the longest-tenured countywide official? He was elected in 2006, so this is his third term. County Judge Ed Emmett was appointed in 2007 and won his first election in 2008, along with County Attorney Vince Ryan. County Clerk Stan Stanart and District Clerk Chris Daniel were both elected in 2010. Everyone else, including the At Large HCDE Trustees, was elected no earlier than 2012. There are some judges who have been on the bench longer than Sanchez has been in office, there are Constables and JPs who have been around longer, and of course Commissioner Steve Radack was first elected during the Truman administration (I may be slightly exaggerating), but for countywide executive offices, it’s Orlando and then it’s everybody else. If we want to elevate somebody else to the title of most senior countywide elected official, next year will be our chance to do that.

Some voting locations were damaged by Harvey

Not a surprise, but we’re not doing much about it.

More than three dozen polling sites were damaged in Hurricane Harvey and might not be available for the upcoming November elections, Harris County election officials announced Wednesday.

Voters in Harris County are urged to cast an early ballot. Those displaced by Harvey or voters who might be registered at one of the damaged polling sites will be able to vote without disruption.

Early voting begins Oct. 23. Voters can go to any of 45 locations through Nov. 3 to cast early ballots. Election Day is Nov. 7.

Harris County had 765 polling locations in November during the presidential election and about 5 percent might not be available for the upcoming election, Harris County Clerk Stan Stanart said during a news conference Wednesday. He stressed the early voting option outside the Metropolitan Multi-Service Center on West Gray, making the plea while flanked by renderings of yellow billboards that will be posted in English, Spanish, Vietnamese and Chinese across the county to promote early voting.

“You can go anywhere in the county,” he said. “That makes it simple.”

Storm survivors can continue to claim residency at their damaged addresses if they are displaced.

“It’s still your home,” Stanart said. “It’s still your residence even though you’re not physically there.”

Oct. 10 is the registration deadline to sign up to vote, to change addresses for those intending to permanently relocate or to register in another county.

Voters who are displaced outside of Harris County and those within the county who are 65 or older or are disabled, can ask for mail ballots. Requests must be received by Oct. 27. The clerk’s office is sending teams to about a dozen nursing homes where at least five voters per address have requested ballots by mail, Stanart said.

As noted by the Press, Stanart did not provide a list of damaged polling places, so it will be up to you to check the harrisvotes.org website to see where you would be voting on November 7. Beyond that, their advice is to vote early, and apply for a mail ballot by October 27 if you’re over 65 or were displaced from your home and are now living outside Harris County. There’s more that could have been done, but this is what we’re getting. Guess it’s a good thing that this is such a low profile election. Hope we get all these places fixed by the March primary, because there doesn’t seem to be a plan B if we don’t.

July campaign finance reports – Harris County candidates

The Harris County situation for candidates and campaign finance reports is a bit complicated. Take a look at my January summary and the reports and data that I’ve found for July, and we’ll discuss what it all means on the other side.

Ed Emmett

Jack Morman
Jack Cagle

Stan Stanart
Chris Daniel

Diane Trautman

David Patronella
George Risner
Don Coffey
Lucia Bates
Laryssa Korduba Hrncir
Daryl Smith
Jeff Williams
Armando Rodriguez
Zinetta Burney
Louie Ditta


Name        Raised    Spent     Loans     On Hand
=================================================
Emmett     472,172   99,684         0     551,875

Morman     635,050   98,611     44,339  2,261,453
Cagle      561,350  197,375          0  1,008,707

Stanart     49,100   10,124     20,000     69,384
Daniel      49,350   51,681     55,000     25,359
Sanchez

Trautman    15,251    2,978          0     18,009
Evans
Lee

Patronella  20,215    5,075          0
Risner       2,550    7,202          0     81,053
Coffey         200    7,214          0     57,694
Bates (*)      850      575          0        567
Korduba (R) 24,870    5,085          0     33,466
Smith (**)       0      300          0          0
Williams (R)     0        0     60,000     13,396
Rodriguez        0        0          0      2,219
Burney           0        0          0        902
Ditta (R)        0    1,907      2,000     17,006

Let’s start with what isn’t there. I don’t see a report as yet for Harris County Treasurer Orlando Sanchez, nor do I see one for HCDE Trustees Louis Evans (Position 4, Precinct 3) and Erica Lee (Position 6, Precinct 1). Diane Trautman (Position 3, At Large) has a report, but she is running for County Clerk, so as yet there are no candidates of which I am aware for the position she is vacating. Finding Louis Evans’ name among the list of Trustees was a bit of a surprise, since he had not been elected to that position in 2012. He was appointed to the seat in November of 2015 to replace Kay Smith, who stepped down to run in the Republican primary for HD130. I just missed that announcement, so my bad there. Evans as noted in the linked release, was Smith’s predecessor in that position, serving the six year term from 2007 to 2013. He was not on the ballot for the GOP primary in 2012, so if he runs for another term this would be the first time he has faced voters since 2006.

County Judge Ed Emmett does not have an opponent yet, as far as I can tell. There’s a bit of confusion because three people – Christopher Diaz, Shannon Baldwin, and LaShawn Williams – have filed requests for authorization forms for electronic filing, with County Judge as the office they plan to seek. At least two of these people are not running for County Judge, however. Williams appears to be a candidate for Harris County Civil Court at Law No. 3, and has filed a finance report listing that office as the one she seeks. She has also filed a report for the office of County Judge. I presume the latter is an error, but they both have different numbers in them, so who knows? Baldwin’s case appears to be more clear, as she has a Facebook page for her candidacy for County Criminal Court #4, for which she has filed a finance report, again with the correct office listed. As for Diaz, I have no idea. I don’t think he is the Precinct 2 Constable Chris Diaz. Here’s the Christopher Diaz County Judge RFA, and the Constable Chris Diaz finance report. You tell me.

Jack Morman is clearly aware of his status as biggest electoral target of the year. He’s got plenty of money available to him for his race, whoever he winds up running against. Cagle has only the primary to worry about, as his precinct is highly unlikely to be competitive in November. The other countywide offices generally don’t draw much money to their races. I suppose that may change this year, especially in the County Clerk’s race, but first we’re going to need some candidates.

Constables were elected last year, as were Justices of the Peace in Place 1, so what we have on the ballot this time are the JPs in Place 2. According to the listing of judicial candidates that we got at the June CEC meeting, David Patronella and Zinetta Burney have primary opponents, but neither of them have July finance reports on file. Rodrick Rogers, who is listed as a candidates against Republican Jeff Williams in Precinct 5, also has no report. Lucia Bates is a Democrat running in the primary against Don Coffey, while Daryl Smith is a Democrat running against Repubican incumbent Laryssa Korduba Hrncir, who at last report was the last holdout on performing weddings post-Obergefell. I do not know if there has been any change in that status. Whatever the case, there’s not a lot of fundraising in these races.

So that’s what I know for now. It’s possible some of the non-filers will have reports up later, I do see that sometimes. For sure, we should expect to hear of some candidates in the places where we currently have none. If you’ve got some news on that score, please let us know.

Stanart pushes back on election security claims

Our County Clerk is not happy with recent stories about the potential for vulnerability in our election systems.

Despite reports from federal intelligence agencies and media outlets of Russia’s widespread targeting of state and local elections around the country and in Texas, election administrators in the nation’s third-largest county say Vladimir Putin’s government does not pose a unique or heightened cybersecurity threat.

Harris County Clerk Stan Stanart said his office, which runs local elections, has a slew of checks in place to prevent hackers from tampering with the vote, including multiple backed-up voter registration databases that are kept offline. He said reports produced by voting machines before every election ensure the machines do not come pre-loaded with votes and after the election allow the county to cross-check against final tallies to make sure the vote is not manipulated.

While most observers and experts agree Russia exemplifies a new threat to election infrastructure nationwide, Stanart said the county faces no greater risk from Russia today than threats going back to the 1980s. He also challenged the veracity of reports that the Kremlin had attempted to coordinate widespread attacks on state and local election systems in 2016.

“Where’s the evidence?” Stanart said. “I would really question that.”

[…]

Bloomberg reported in June that Russian hackers “hit” voter databases and software systems in 39 states, in some cases penetrating campaign finance databases and software used by poll workers, and attempted to alter or delete voter data in Illinois.

Also last month, the Dallas Morning News published a story that election officials there had found attempts to hack their election system ahead of the November election. The newspaper reported that election officials there cross-referenced hundreds of suspicious or possibly Russian-linked IP addresses provided to them by the U.S. Department of Homeland Security against those that had attempted to access Dallas County servers in early October and found 17 matches.

Stanart said his office has not seen that list of IP addresses. Dallas County election officials did not respond to a request for comment.

[…]

Harris County officials refuse to answer whether they saw any attempts to penetrate the county’s systems. While Stanart himself said he has not found that Russian-linked hackers targeted the local election system, he acknowledged that other county security officials could have found and stopped such attempts before they reached his office.

Those officials repeatedly have not answered questions about whether they saw such a threat.

Bruce High, the chief information officer and executive director of the county’s Central Technology Services, has acknowledged a recent “spike” in attempts to hack Harris County servers from outside of America’s borders, but has declined to explain when the spike began, what is being targeted and where the hack attempts are coming from.

See here for the background. I received some feedback from the County Clerk’s office following the publication of that piece, including a fuller response from Stan Stanart that I believe is intended to be an op-ed in the Chronicle that specifically disputed several of the claims made by Dan Wallach. I’m printing it here beneath the fold for your perusal. Beyond that, I don’t understand why the County Clerk says it has not seen the aforementioned list of Russian IP addresses, nor do I understand the reluctance by Harris County to discuss their cybersecurity measures in any depth. I don’t expect them to lay out their defense plans in detail, but some reassurance beyond “trust me” that they’re on the job would be nice. Maybe trot someone out who can at least speak the lingo or something like that, I don’t know. This is a legitimate thing for voters to be concerned about, and we have a right to expect those concerns to be addressed in a more responsive fashion than what we are getting.

(more…)

Was the Harris County election system hacked?

Wouldn’t you like to know?

Despite widespread alarm over the breadth of Russian cyber attacks on state and local election systems last year, including revelations of Dallas County being targeted, Harris County officials are refusing to say whether hackers similarly took aim at the nation’s third-largest county.

Releasing information on whether Harris County election systems saw attacks from Russian hackers would threaten the county’s cyber security by emboldening hackers to further target local systems, county officials said this week.

The county’s argument was dismissed by experts, who said the secrecy is unnecessary, and could actually downplay the seriousness of the threat and the resources needed to combat it.

“There’s this concept in security called ‘security through obscurity,’ sort of, if they don’t know about it they won’t come after it,” said Pamela Smith, a consultant at Verified Voting, a San Francisco-based nonprofit that promotes voting integrity. “But to really have robust security, you want people to be able to know that it’s there … I think what the public wants to know is that you’re aware of the threat and you’re taking steps to mitigate.”

Bruce High, the chief information officer and executive director of the county’s Central Technology Services, said Harris County overall sees on average more than a million hack attempts every day. He even acknowledged a recent “spike” in attempts to hack Harris County servers from outside of America’s borders.

[…]

Dan Wallach, a Rice University computer science professor and scholar at the Baker Institute for Public Policy, who has testified before Congress about the cyber security threat to elections, said that to an advanced threat like Russia, there likely are no secrets about Harris County elections.

Asked if Harris County had been targeted in a similar manner as Dallas County, High said the county had not received a list of IP addresses from the Department of Homeland Security. He added that both the FBI and the Homeland Security department will flag Harris County when they have concerns about specific IP addresses.

High did not respond to questions seeking details on how often such concerns are brought up, how big of a “spike” in hacking attempts the county was experiencing and over what period of time, whether that spike was election-related or which systems had been targeted.

Wallach said he was concerned about the ability of many local jurisdictions, including Harris County, to protect against a targeted threat from an advanced adversary like Russia. He said he believed it was probable that Russia had at least targeted Harris County servers, but also that in many cases, attackers are so sophisticated that local officials would not even know that their systems had been breached.

“The category of adversary we’re facing now is not something that Harris County government is equipped to deal with,” Wallach said.

I work in IT security and had a few thoughts about this, but then I saw that Dan wrote this piece with a much deeper analysis than I had done, and I figured it was better to outsource this to him.

Computer security experts who deal with nation-state activities use the term “advanced persistent threats” (APT) as a shorthand to indicate that our adversaries have significant capabilities, including both engineering resources and spycraft, to quietly break into our computers, spread out across our networks, and avoid detection. It’s common for APT attacks to last for months to years prior to detection.

Given these threats, we need to conduct a serious analysis of where our elections stand. Harris County’s Hart InterCivic eSlate voting machines, for example, haven’t had any major security updates following studies conducted a decade ago by the states of California and Ohio. (I was part of the California effort.) In short, an attacker need only tamper with a single voting machine. After that, the infection can spread “virally” to every machine in the county.

Compounding the problem, all of our vote-tabulating systems are running Windows 2000, for which Microsoft dropped all software support, including security patches, seven years ago.

In the lead-up to the 2018 election, it may be financially infeasible for a complete replacement of our voting machines. We only just recently purchased our voting machines after a 2010 warehouse fire destroyed our original fleet of eSlate machines, so the funds aren’t likely to be available so soon for replacements.

What’s clearly necessary, since we know the Russians targeted voter registration systems, is a major upgrade to the way our voter registration systems are managed. A redesigned system would still, by necessity, require Internet connections so voters can verify their correct polling places, see sample ballots, and so forth. Most notably, during our early voting period, we need an online database to track which voters have cast ballots.

A modern design, intended to operate even if the entire Internet failed while the election was ongoing, would involve making local copies of the database at every voting center. Unsurprisingly, the needs of Harris County are essentially the same as the needs for every other county in our state, suggesting that a state-level procurement could be an efficient way to improve the voter registration security for every county’s voters.

Another short-term recommendation will be for Harris County to upgrade its systems to the latest versions of Microsoft’s operating systems, even though this will require a waiver from Texas’s election certification requirements. Even though our vote tabulation systems are hopefully never connected to the Internet, they are nonetheless unacceptably weak in the present threat environment.

Likewise, Harris County needs to hire a professional security “penetration testing” firm to identify other soft points in its infrastructure and prioritize repairs; such consultants need to be brought in on a regular basis for check-up exams. We also need forensic security auditors to do a deep dive into our county’s existing systems to make sure they’re as clean as we hope them to be. This isn’t just a matter of running some anti-virus scanner, since APT adversaries use tricks that automated scanners won’t detect.

There’s more, so go read the whole thing. At the very least, I hope we can all agree that any system that is still using Windows 2000 (!!!) needs to be upgraded or replaced. Dan (who as you know is a friend of mine) puts in a plug for the STAR-Vote system that he helped design, and it’s definitely something the county and the state should consider. I just hope we take this seriously before something bad happens.

UPDATE: Hector DeLeon, the Director of Communications and Voter Outreach for the County Clerk, has emailed me to say that the county tabulation system is running on Windows 7, not Windows 2000 as stated in Wallach’s op-ed. He says they have made this same correction to the Chronicle as well. My apologies for the confusion.

ADA voting rights lawsuit update

Interesting.

A federal judge in Houston put Harris County on notice Friday that the scope of accessibility violations at local polling places could be so vast that a special master may be needed to sort them out.

U.S. District Judge Alfred H. Bennett said he is considering an independent review of the county’s 765 polling locations to ensure they are accessible to disabled voters.

The revelation, which could have far-reaching consequences for the county’s voting system, came to light during a routine hearing Friday in a civil rights suit filed several months before the November general election.

“We’re talking about something that really needs an intensive review,” the judge told the teams of lawyers in the courtroom. “There’s no blanket order I can give. We’re going to have to look at almost each of these sites or on a site-by-site basis.”

The U.S. Department of Justice filed a federal lawsuit last year, accusing Harris County of violating the constitutional mandate that voting sites comply with the Americans with Disabilities Act.

Among the violations cited in the lawsuit – in a county with more than 400,000 people with disabilities – are a lack of appropriate parking, ramps, sidewalks, entry ways, voting space and other mandatory accommodations.

The judge’s remarks drew praise from disability rights advocates.

“Bringing in a special master is monumental because you’re saying there is a problem and it needs to be watched,” said Toby Cole, a Houston attorney who has closely watched the case. “It would be a significant move to make sure that the rights of people with disabilities are protected, and voting is probably the most fundamental of those rights.”

[…]

Harris County Clerk Stan Stanart, who oversees local elections, said the lawsuit is frivolous, politically motivated and centered on insignificant technicalities at sites the county doesn’t own.

“When the DOJ brought this lawsuit they had zero people who were complaining,” he said. “To the best of my knowledge, we don’t know of anyone who had an issue.”

Among the locations the Justice Department cited was the multiservice center at West Gray, which Stanart said was supposedly in violation “because if you were a 6 ½-foot blind person who came in the back door, your head would brush a limb.”

In another case, Stanart said, a handicapped parking spot had stripes painted, but the handicap sign wasn’t in the right place.

“Do they think these voters are idiots?” he said.

Stanart said his office picks the best location to serve voters in each precinct and believes, overall, that the county is largely in compliance.

Lex Frieden, a professor of rehabilitation at Baylor College of Medicine who helped President George H.W. Bush with early drafts of the Americans with Disabilities Act, said he thinks the county should be proactive about fixing problems or amenable to making the changes the Justice Department has identified.

“I’m mystified about the defensiveness of the county,” said Frieden, who uses a wheelchair.

See here and here for the background. I have some sympathy for the county’s position. The original complaint indicates that most of the voting sites are compliant or can be made compliant with temporary fixes. There are only so many places that can be used for voting sites, and there may not be good alternatives in some places that would also satisfy requirements for minority voter access. On the other hand, the Americans with Disabilities Act is over 25 years old, and to say the least the county has a spotty record of civil rights compliance in other areas, like, say, bail practices. There’s only so much benefit of the doubt that they deserve, and given that a number of these problems could be fixed by basic infrastructure upgrades like sidewalks, there’s no reason why the county can’t take a proactive approach to resolving this. And yes, I know, these are city sidewalks and streets, but last I checked they were also in Harris County. Let’s get a comprehensive review of what the problems really are and how much it would cost to fix them, and figure it out from there.

Bill to fix voting interpreters considered

This needs to happen, and it really shouldn’t be a big deal.

Sen. Sylvia Garcia

Almost three years after Mallika Das, a naturalized citizen who spoke Bengali, was unable to vote properly because she was not proficient in English, Texas lawmakers are considering a change to an obscure provision of Texas election law regarding language interpreters.

Members of the Senate State Affairs Committee on Monday took up Senate Bill 148 by Democratic state Sen. Sylvia Garcia of Houston, which would repeal a section of the state’s election code that requires interpreters to be registered voters in the same county they are providing help.

The measure will ensure that voters are able “to meaningfully and effectively exercise their vote,” Garcia told the committee. “This ensures that voters have the capacity to navigate polling stations, communicate with election officers and understand how to fill out required forms and answer questions directed at them by any election officer.”

Garcia’s proposal comes amid an ongoing legal battle over the state’s interpreter provision in a lawsuit brought by the Asian American Legal Defense and Education Fund on behalf of Das, who has since died, and the Greater Houston chapter of the Organization of Chinese Americans.

Because she had found it difficult to vote in the past, Das in 2014 brought her son, Saurabh, to help her cast her vote at a Williamson County polling place. But when her son told poll workers he was there to interpret the English ballot for his mother, they ran into the state’s interpreter requirements. Saurabh could not serve as an interpreter for his mother because he was registered to vote in neighboring Travis County.

[…]

One provision of the state election code allows for “assistors.” It says voters can receive help reading or marking a ballot and states that assistance “occurs while the person is in the presence of the voter’s ballot.”

Yet a separate provision allows voters to select an “interpreter” to help them communicate with an election officer and “accompany the voter to the voting station for the purpose of translating the ballot to the voter.” The interpreter, unlike an assistor, must be registered to vote in the same county.

In Das’ case, had her son simply told poll workers he was “assisting” his mother — and not that the assistance involved interpreting the ballot for her — he would have been able to go into the voting booth with her.

Garcia’s proposal would essentially consolidate all forms of assistance and remove any requirements related to voter registration.

While the measure has picked up support by the Texas Association of Election Administrators, representatives with the Harris County Clerk’s Office, including Ed Johnson, testified against Garcia’s proposal.

“In Harris County, we think the role of an interpreter is different to the role of an assistant,” Johnson said, adding that the issue was a currently a “moot point” because the law has been put on hold and court is “still working through that process.”

See here, here, and here for the background. The lawsuit in question is being appealed to the Fifth Circuit, but if Sen. Garcia’s bill were to pass, it would (I assume) moot the issue. I honestly don’t get the argument against this, but that doesn’t mean Stan Stanart isn’t going to do Stan Stanart things. Sen. Garcia’s bill was left pending in committee, and an identical bill by Rep. Ramon Romero was not withdrawn from the House Elections Committee schedule, so there has been no action taken yet. Contact your Senator on the State Affairs Committee if you want to see this bill get passed.

January 2017 campaign finance reports: Harris County officeholders

We may or may not have City of Houston elections this year, but we will definitely have Harris County elections next year. Here’s a brief tour of the finance reports for Harris County officeholders. First up, Commissioners Court:

Rodney Ellis
Jack Morman
Steve Radack
Jack Cagle (PAC)

El Franco Lee
Gene Locke


Name        Raised     Spent     Loan     On Hand
=================================================
Ellis      283,394   336,611        0   2,012,250
Morman      17,500    48,609   48,863   1,700,320
Radack       4,000    47,466        0   1,419,710
Cagle      560,528   270,065        0     599,774

Lee              0         0        0   3,769,900
Locke            0    81,475        0      16,672

Jack Morman will likely be a top target in 2018 – he has one announced opponent already, and will almost surely have others – and no one can say he isn’t ready for it. I expect that cash on hand number to be well over two million by this time next year. Money isn’t everything, and returns on more campaign cash diminish beyond a certain point, but whoever runs against Morman will have some ground to make up to be able to get a message out and a ground operation going. Meanwhile, the campaign coffers of the late El Franco Lee have more in them than Morman and Rodney Ellis combined, and I still have no idea what’s happening with that. I have some suggestions, if anyone administering that account is curious.

Next, the countywide offices that are on the ballot next year:

Ed Emmett
Stan Stanart
Chris Daniel (PAC)
Orlando Sanchez

Diane Trautman


Name        Raised     Spent     Loan     On Hand
=================================================
Emmett      72,000   116,700        0     177,800
Stanart      1,100     8,272   20,000      22,956
Daniel      25,800    28,866        0       4,336
Sanchez      1,250    21,813  200,000     214,820

Trautman         0       554                3,029

I skipped the offices that were just elected, because life is short. Ed Emmett’s modest total is further evidence that he was not originally planning to run for re-election next year. I feel confident that he’d have more cash in his coffers if that had been the idea all along, and I also feel confident he’ll make up some ground before the next reporting deadline. Diane Trautman would be up for re-election to the HCDE Board, but as we know she is going to run for County Clerk, so I’m including her here. I’ll be interested to see if any money pours into this race. Orlando Sanchez has had that $200K loan on the books since at least the July 2014 report. I still don’t know where he got the money for it, or why he apparently hasn’t spent any of it since then, but whatever.

Here are the Constables:

Alan Rosen
Chris Diaz
Sherman Eagleton
Mark Herman
Phil Camus
Silvia Trevino
May Walker
Phil Sandlin


Name        Raised     Spent     Loan     On Hand
=================================================
Rosen       16,500    53,719        0     237,908
Diaz         5,600    26,127        0      10,479
Eagleton         0    18,426  102,550       2,132
Herman      10,000     8,713        0     248,578
Camus            0     1,259        0       4,650
Trevino      3,500     6,892        0         142
Walker      28,166    16,935        0      23,475
Sandlin      1,500    20,451        0      56,265

All of the Constables, as well as the Justices of the Peace in Place 1, were on the ballot last year, but as I have never looked at these reports before, I figure what the heck. Alan Rosen has always been a big fundraiser. Sherman Eagleton survived a primary and runoff, which is what that loan money is about. I presume all of the action for Mark Herman was in late 2015 and early 2016, after he got promoted and needed to win a primary. I’d have to check to see if Silvia Trevino raised and spent a bunch of money early on and then took a break, or if she just relied on name recognition to win. She did win without a runoff, so whatever she did do, it worked.

Finally, the JPs:

Eric Carter
David Patronella

JoAnn Delgado
George Risner

Joe Stephens
Don Coffey

Lincoln Goodwin
Laryssa Korduba Hrncir

Russ Ridgway
Jeff Williams

Richard Vara
Armando Rodriguez

Hilary Green
Zinetta Burney

Holly Williamson
Louie Ditta


Name        Raised     Spent     Loan     On Hand
=================================================
Carter       2,000     5,041  129,878       1,316
Delgado      1,500         0        0           0
Stephens     1,770     2,192   44,886          61
Goodwin          0       680  115,000      80,730
Ridgway          0     1,200        0      16,414
Vara         1,635       500    9,787       1,523
Green        1,700       236        0       1,684
Williamson   2,436     4,551        0      66,762


Name        Raised     Spent     Loan     On Hand
=================================================
Patronella  40,665     3,574        0
Risner      37,365     9,680        0      84,532
Coffey      50,125    26,323        0      64,906
Hrncir         910       999        0      13,681
Williams         0         0   60,000      13,396
Rodriguez        0         0        0       2,219
Burney           0         0        0         902
Ditta            0     4,248    2,000      18,914

The Place 1 JPs were elected last year as noted, while the Place 2 JPs will be up next year. David Patronella’s form did not list a cash on hand total. For what it’s worth, all three groups (Constables and the two sets of JPs) have the same partisan mix, five Dems and three Republicans. I don’t have any further insights, so we’ll wrap this up here.

On those “improper” votes

Let’s be clear about this.

Still the only voter ID anyone should need

Texas election officials have acknowledged that hundreds of people were allowed to bypass the state’s toughest-in-the-nation voter ID law and improperly cast ballots in the November presidential election by signing a sworn statement instead of showing a photo ID.

The chief election officers in two of the state’s largest counties are now considering whether to refer cases to local prosecutors for potential perjury charges or violations of election law. Officials in many other areas say they will simply let the mistakes go, citing widespread confusion among poll workers and voters.

[…]

An Associated Press analysis of roughly 13,500 affidavits submitted in Texas’ largest counties found at least 500 instances in which voters were allowed to get around the law by signing an affidavit and never showing a photo ID, despite indicating that they possessed one.

Others used the sworn declarations to lodge protest statements against the law.

One affidavit from Hidalgo County, along the Texas-Mexico border, read: “Did not want to ‘pander’ to government requirement.” In Tarrant County, an election judge noted on an affidavit: “Had photo ID but refused to show it.”

“If we see that somebody blatantly says ‘I have ID’ and refused to show it, we’re going to turn that over to the D.A.,” said Stephen Vickers, chief deputy elections administrator for Tarrant County, which includes Fort Worth. “If they tried to use the affidavit to get around the system, yeah, I see that as a violation.”

[…]

In Fort Bend County, a suburb of Houston, more than 15 percent of voters who submitted 313 affidavits said they possessed a photo ID, but they were not required to show it.

Under a court order issued last year, election officials were not allowed to question a voter’s reason for signing an affidavit.

The cases do not amount to voter fraud because people still had to be registered to vote to qualify for an affidavit, said John Oldham, Fort Bend County’s elections chief.

Poll workers were trained to “err on the side of letting people use the affidavit instead of denying them the chance to vote,” Oldham said.

“We don’t consider it something that we want to go out and prosecute people over,” Oldham said. “But I wish we didn’t have this affidavit process. It makes the whole photo ID law entirely meaningless.”

First of all, these were all votes cast by registered voters. The only impropriety, if there is one, lies in how the court order that “softened” Texas’ voter ID law is interpreted. The affidavit process was to allow registered voters who didn’t have one of the accepted forms of ID to cast their ballot if they produced another form of ID and signed a statement swearing 1) that they were who they said they were, and 2) that they didn’t have an accepted form of ID. Some election officials, like Harris County Clerk Stan Stanart took that to mean that the affiant did not own one of those forms of ID, like a drivers license. Others, including attorneys representing plaintiffs in the ongoing litigation, thought that was too strict. What if someone’s license had been lost or stolen, and they didn’t have the opportunity to get a replacement? What if someone arrived at the polling location only to realize they had left their license at home? Maybe the voters in those situations would be permitted to vote – I certainly think the first group ought to be – but until the question comes before a judge, we’re all just guessing. And remember, we’re talking about a few hundred voters who may not have followed a set of rules that were interpreted in a variety of ways versus sixteen thousand people who got to vote in the first place. Perspective, y’all.

Precinct analysis: Bennett v Sullivan

Ann Harris Bennett was the only countywide Democratic candidate to be trailing on Election Day as the early voting totals were posted, but as the night went on she cut into the deficit and finally took the lead around 10 PM, going on to win by a modest margin. Here’s how that broke down:


Dist  Sullivan  Bennett  Sullivan%  Bennett%
============================================
CD02   168,936  105,778     61.50%    38.50%
CD07   147,165  106,727     57.96%    42.04%
CD09    29,855  103,511     22.39%    77.61%
CD10    83,213   34,795     70.51%    29.49%
CD18    53,558  148,586     26.49%    73.51%
CD29    41,555   88,942     31.84%    68.16%
				
SBOE6  357,083  249,953     58.82%    41.18%
				
HD126   37,003   24,186     60.47%    39.53%
HD127   50,028   23,460     68.08%    31.92%
HD128   42,659   16,238     72.43%    27.57%
HD129   44,072   24,777     64.01%    35.99%
HD130   60,429   20,277     74.88%    25.12%
HD131    8,121   37,906     17.64%    82.36%
HD132   39,094   29,321     57.14%    42.86%
HD133   50,116   25,241     66.50%    33.50%
HD134   49,352   39,410     55.60%    44.40%
HD135   33,528   26,112     56.22%    43.78%
HD137    9,664   17,099     36.11%    63.89%
HD138   28,827   22,096     56.61%    43.39%
HD139   13,707   38,266     26.37%    73.63%
HD140    7,556   19,790     27.63%    72.37%
HD141    5,934   32,109     15.60%    84.40%
HD142   11,599   33,182     25.90%    74.10%
HD143   10,372   22,294     31.75%    68.25%
HD144   11,810   15,188     43.74%    56.26%
HD145   12,669   21,519     37.06%    62.94%
HD146   11,323   36,903     23.48%    76.52%
HD147   14,119   43,254     24.61%    75.39%
HD148   20,434   26,999     43.08%    56.92%
HD149   16,639   26,389     38.67%    61.33%
HD150   50,472   25,358     66.56%    33.44%
				
CC1     82,916  231,040     26.41%    73.59%
CC2    134,067  117,084     53.38%    46.62%
CC3    202,128  149,943     57.41%    42.59%
CC4    220,415  149,294     59.62%    40.38%
Ann Harris Bennett

Ann Harris Bennett

This was Bennett’s fourth try for office. She had run for County Clerk in 2010 and 2014 against Stan Stanart, and for Tax Assessor in 2012 against now-incumbent Mike Sullivan, losing by fewer than 2,500 votes out of over 1.1 million cast. She becomes the fifth Tax Assessor since 2009, following Paul Bettencourt (who resigned shortly after being re-elected in 2008), Leo Vasquez (appointed to replace Bettencourt), Don Sumners (defeated Vasquez in the 2010 primary and won in November to complete the term), and Sullivan (defeated Sumners in the 2012 primary and then Bennett in November).

Incumbent Tax Assessors tend to do pretty well in re-election efforts. Bettencourt was the top votegetter in 2004, leading even George W. Bush by over 20,000 votes. He trailed only Ed Emmett in 2008, finishing 16K votes ahead of John McCain. Despite his loss, Sullivan was the high scorer among Republicans, beating all the judicial candidates by at least 19K votes. Only Sullivan in 2012 and Sumners in 2010, both first-timers on the November ballot, failed to make the upper echelon. Assuming she runs for re-election in 2020, it will be interesting to see if that same pattern holds for the Democrat Bennett as it has done for her Republican predecessors.

It’s instructive again to compare these results to the judicial races, as they provide a comparison to the base level of partisan support. While Sullivan finished well ahead of the Republican judicial candidates, Bennett wasn’t below the Democratic judicials; she was near the bottom, but did better than four of them. Looking at the numbers across State Rep districts, Bennett was usually a couple hundred votes below the Democratic judicial average, while Sullivan beat the Republican norm by a thousand votes or more. In HD134, he topped it by over 3,000 votes, though interestingly he wasn’t the high scorer there – Lunceford (50,193), Mayfield (49,754), and Bond (49,407) were all ahead of him, with Guiney (49,209), Halbach (49,173), and Ellis (49,081) right behind.

My general hypothesis here is that fewer Republicans skipped this race. I observed in the Sheriff’s race overview that Democratic judicial candidates had more dropoff than Republican judicial candidates did, while the non-judicial Democrats did a good job of holding onto those votes. Bennett performed more like a judicial candidate, while Sullivan overperformed that metric. I assume that the exposure Tax Assessors get, since every year everyone who owns a car and/or a home has to make at least one payment to that person, helps boost their numbers in elections. Again, we’ll see if Bennett benefits from that in her next election.

This concludes my review of Harris County races. I have one more post relating to Harris County in my queue, and I plan to take at least a cursory look at Fort Bend and Dallas Counties. Again, if you have any particular questions you want me to examine, let me know. I hope you have found this all useful.

Sustaining the Harris County Democrats’ success

All things considered, I feel reasonably optimistic about Democratic prospects in Harris County going forward, but I felt that way in 2008 as well, so I certainly understand the inclination to be cautious.

Democrats swept Harris County last Tuesday in nothing short of a rout, claiming every countywide position on the ballot as Hillary Clinton toppled Donald Trump by more than 12 points – a larger margin of victory than George W. Bush enjoyed here in either of his presidential bids.

That edge – and the domino effect it had on local races – exceeded many Democrats’ most optimistic projections. It also fueled speculation that the nation’s largest swing county soon could be reliably blue.

Yet some on the left still worry that, absent Trump, the party’s decentralized coalition could make that transformation a tall order near-term, despite favorable demographic shifts.

“It’s not something that’s going to be sustained with the party infrastructure we have right now,” local Democratic direct mail vendor Ryan Slattery said, recalling the party’s trouncing in 2010, two years after President Barack Obama won the county. “You’ll always have this ebb and flow.”

Former Mayor Annise Parker agreed the party “has underperformed in the past” but was more hopeful.

“In this election cycle, both the Harris County Democratic Party in its official leadership and committed Democrats came together and we all played nicely,” Parker said. “The way we swept Harris County down here and knowing the way midterm elections generally go, it might be a pretty good place to be a Democrat in two years and even four years.”

[…]

Concurrently, the share of county residents who identified as Democrats rose steeply, to 48 percent from 35 percent, according to the Kinder Institute’s Houston Area Survey. The percentage of Republicans fell to 30 percent from 37 percent.

Democrats have harnessed that momentum in presidential election years but floundered in the interim, when Republicans capitalized on national political discontent and lower turnout.

After earning nearly 48,000 more straight-ticket votes than Republicans did in 2008, Democrats lost the straight-ticket vote by nearly 50,000 votes in 2010 and 44,000 votes in 2014. They earned nearly 3,000 more straight-ticket votes in 2012 and 70,000 this year.

I’ll repeat my mantra here: Conditions in 2018 are going to be different than they were in 2010 and 2014. I don’t know what they will be like, and it’s certainly possible they could be worse, but they pretty much have to be different by definition. I’ll also say again that after this election, it’s hard to argue the proposition that there are more Democrats in the county than there are Republicans. Doesn’t mean there will be more Democratic voters in a given election, and things can always change, but as they stand today we have a bigger pool than they do. Put aside the Hillary/Trump numbers, and consider that in this election, the average Republican judicial candidate received about 606,000 votes, and the average Democratic judicial candidate received about 661,000. There are more Ds than Rs.

One corollary of this is that Dems don’t necessarily need a boost in turnout, at least on a percentage basis, to have a bright outlook for 2018. Remember, the turnout rate this year was lower than it had been in 2012, but the sheer increase in voter registrations led to the higher turnout total. It’s my contention, based on the average judicial race numbers from 2012 to 2016, that the bulk of those new registrants were Dems. Base turnout is an issue in off year elections until the results show that it isn’t, but I believe we are starting out in a more favorable position than we have done before.

So with this in mind, here are the things I would recommend Democrats in Harris County do to get the kind of outcome we want in 2018:

– Don’t be discouraged by what happened nationally. That’s going to be hard, because there’s going to be a lot of bad things happening, and not a whole lot that can be done to stop it. What we need to do here is remember that old adage about acting locally, and channel the frustration and anger we will feel into local organizing and action. Harris County Democrats had a really good 2016. We can have a good 2018 as well. Let’s keep our focus on that.

– It all starts with the candidates. There are three important county offices that will need candidates – County Judge, which has now been complicated by Judge Ed Emmett’s announcement that he plans to run for re-election instead of retiring as had been thought, County Clerk, and Commissioner in Precinct 2. (Yes, District Clerk and County Treasurer are also on the ballot, but with all due respect they don’t have the ability to affect policy that these offices do. Also, HCDE At Large Trustee Diane Trautman will be up for re-election, but unless she decides to step down that candidacy will be accounted for.) I’m not going to get into the candidate speculation business right now – there will be plenty of time for that later – but we need good candidates, and we need to ensure that they fully engage in the primary process. The last thing we need is a Lloyd Oliver-style failure.

– I’ve talked about this several times over the years, but one thing that stands out in the 2016 data that I’ve seen so far is that the rising tide of Democratic voters didn’t just come from the traditional Democratic places, but from all over the county. The end result of that was that a lot of districts that had been previously seen as Republican were less so this year. That in turn means two things: One, there are more opportunities to make serious challenges in State Rep districts, in particular HDs 135, 138, 132, and 126. Lining up good candidates for these districts is a must. Two, we need to recognize that there are lots of Democrats in these and other Republican-held State Rep districts, and that we have to do at least as good a job connecting with them as we do with Dems in the places we know and are used to dealing with if we want to sustain and build on our gains from this year.

– That bit I said before about Dems not necessarily needing a big boost in turnout level to be in a winning position? The key to that was that even with turnout percentage being down a bit, the overall turnout total was higher, and the reason for that was the large increase in voter registration. We absolutely need to keep doing that. This may have been the secret to our success this year. Let’s not let up on it.

I can’t say Harris County Dems will be successful in 2018. Hell, at this point no one can say anything about the future with any degree of certainty. I’ve highlighted the things that I believe are important. There will be a lot to talk about and a lot to do before we get to any of that.

Early voting, Day Eleven: Last chance

From the inbox:

EarlyVoting

Harris County Clerk Stan Stanart announced within minutes after the polls opened this morning, that Harris County crossed the 700,982 voter benchmark setting a new record for early voters by personal appearance.

With essentially two full days of Early Voting left for the November 8, 2016 Election, the record established during the 2012 November Election is expected to be shattered as an additional 170,000 to 190,000 voters are anticipated to vote by the end of Friday.

Of the 123,954 mail ballots that were mailed, 89,271 have been returned as of Wednesday. Stanart, the chief election official of the County, anticipates that over 100,000 mail ballots will ultimately be received by the 7 p.m. deadline on election day.

“Incredible turnout for a historic election, said Stanart. “I expect the total number of early voters for this election, including mail ballots received, will get close to the one million mark by the end of the early voting period.”

The early voting period ends Friday, November 4. Until then, the 46 Harris County Early Voting locations will be open from 7 a.m. to 7 p.m. All voters in line at 7 p.m. will be allowed to cast their ballot.

“There is still time to vote early,” concluded Stanart. “Do your homework. Then, go vote.”

To obtain the early voting schedule, a list of acceptable credentials to vote at the polling location, their personal sample ballot and other election information, voters may visit the Harris County Clerk’s website at www.HarrisVotes.com or call 713.755.6965.

That was sent yesterday morning, so we’re down to just one day to vote early, today. Stanart’s projection for the last two days, including another 10K or so mail ballots, would put us close to a million early votes. That’s just a lot, I don’t know how else to say it. As far as Election Day itself goes, we had 427K on Election Day in 2008, and 442K on E-Day in 2012, so take your guesses as to what this means for this year. I’d put the range at 400K to 500K, but I won’t be surprised if we’re outside of that, one way or the other.

No daily EV report before I went to bed last night, so I can’t say if we’re on track for Stanart’s projection or not. As always, I will update when I have the file.

UPDATE: Here’s your Day 11 EV report and your tracker spreadsheet, which will be updated later. There were 76,878 in-person votes and 2,546 mail ballots, bring the overall total up to 869,392. A million early votes is probably out of reach, but we should get to 950,000, maybe a bit more.

Election Day observers coming from Justice Department over ADA complaints

That’s a complicated headline for this story.

vote-button

Six teams of Justice Department officials will be dispatched to observe Election Day voting at 75 polling locations in Harris County as part of an investigation into allegations that the county failed to provide reasonable access to mobility-impaired voters.

Harris County will field its own teams on Election Day as part of an arrangement approved Thursday by U.S. District Judge Alfred H. Bennett.

Bennett, however, told county officials that he found it “deeply disturbing” that Justice Department observers saw a visibly armed county investigator with a badge filming an elderly African-American woman with a walker entering a polling place this week for early voting.

“That’s voter intimidation,” the judge said, ordering the Harris County Attorney’s Office to provide written notice explaining how it plans to avoid a repeat of the scenario.

The filming was meant to record the accessibility of the site, a county attorney said, explaining she was surprised to hear the investigator was in close proximity to voters and that his sidearm was visible.

The judge also asked whether there had been any complaints of ADA violations during early voting, which began Monday in Texas. Harris County officials said it had neither seen nor heard of any, but the Justice Department legal team said it knew of four complaints so far, in addition to the incident of the woman with the walker.

The details were revealed during a hearing Thursday in Houston in a Justice Department lawsuit accusing the county of civil violations of the Americans with Disabilities Act because it doesn’t provide appropriate parking, ramps, sidewalks, entry ways, voting space and other mandatory accommodations at voting sites.

The county says it has fielded no such complaints and denies its polling sites are out of compliance with ADA regulations.

“They have taken the position that there is a systemic problem,” said Laura Beckman Hedge of the Harris County Attorney’s Office. “We believe this is a fishing expedition.”

See here for the background. Basically, the Justice Department filed a lawsuit back in August that charged Harris County with not having sufficient access to polling places for disabled voters. They had previously notified the Harris County Clerk in 2014 of the problems they had identified, and filed the lawsuit after not receiving an answer that satisfied them in time. This was the first activity that I know of related to this lawsuit since then. Obviously, nothing is going to be resolved before this election, but it will be interesting to see what the Justice Department’s findings are afterwards, and how the county responds to them.