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Wendy Davis

Evaluating Beto

I think this is about right.

Rep. Beto O’Rourke

Beto O’Rourke, the candidate running the most high-profile statewide race, [scored] only 61 percent in his primary, against two lesser-known candidates.


A lot of weird things happen in the Democratic Primary, because the party is far from cohesive. A few years ago, a LaRouche acolyte made it into a Senate runoff, and it’s not unheard of for the party’s contender to get crushed in the first round for unclear reasons. The fact that [Sema] Hernandez and [2014 gubernatorial candidate Ray] Madrigal won in many of the same places seems to point to the benefit of running with a Hispanic last name in the Democratic Primary. It’s possible voters really took to Hernandez’s and Kimbrough’s message, of course, but it seems likely more evidence that lots of Democrats enter the primary booth with limited knowledge of who is on the ballot and select names — ask Grady Yarbrough and Jim Hogan. And it’s hard to blame them, because the “frontrunners” that usually are on the ballot aren’t exactly titans.

That said, O’Rourke’s soft spot so far has been name recognition. If you’ve seen 30 news stories a day about O’Rourke for the last six months and seen some of his packed rallies, that might seem strange, but there’s room to question whether all the hype about the “punk rock Democrat” is translating to the masses.

The Trib has a map showing the county-by-county results, and now they have a story covering the same topic. Some polls have shown that O’Rourke’s name recognition, while perfectly decent for a three-term Congressman making his first statewide run, is hardly universal. I think that’s exactly what these results show, and it’s the basic weakness of his otherwise well-lauded “visit everywhere” campaign strategy. The simple fact is that even in a low-turnout statewide election, there are way more voters than there are opportunities to meet and interact with them. If you’re not already well-known in the state, a condition that describes nearly every current Texas Democrat, you’re going to have to fortify your outreach with some old-fashioned communications. O’Rourke has raised an impressive amount of money so far, and is close to even with Ted Cruz in fundraising. It would have been a good investment to drop a few of those bucks on something other than a volunteer-powered text message outreach to voters (which annoyed a few of them of my acquaintance, by the way). This is again a reminder that one should never overestimate one’s name ID.

All that said, this is hardly a disaster. He still won handily, which is mission one. He’s getting under Ted Cruz’s skin, which ought to provide a little free advertising for him as Cruz generates news about him. I doubt he has to worry about people voting on a name in November, when party affiliation will be part of the process. But if O’Rourke wants to be someone who will push people to the polls – and Lord knows, we all want that for him – and not just someone who will be voted for by those who do show up, he’s going to need to look at these result and figure out what he could be doing better. He has time to introduce himself to a (much) wider audience, but he needs to be a bit more strategic about that. You can do this, Beto.

UPDATE: Stace has more.

Sandra Bullock hurts Dan Patrick’s fee-fees

Poor little snowflake.

I can see why she might intimidate him

Texas Lieutenant Gov. Dan Patrick is not too pleased that Oscar winning actress Sandra Bullock has agreed to star in a movie about former state Sen. Wendy Davis, whose 13-hour filibuster helped stall an anti-abortion bill in 2013.

“It saddens me that Sandra Bullock agreed to play Wendy Davis in a movie called ‘Let Her Speak,'” Patrick said in downtown Austin, just miles from where Bullock once owned a home.

When a member of the audience doubted it, Patrick assured the crowd it was true.

“Sandra Bullock,” he repeated. “I used to like her.”

But Patrick said he’s already taking steps to keep Bullock and film crews out of the Senate chamber to recreate the filibuster that raised Davis’s statewide profile. Davis ran for governor in 2014 and lost to Gov. Greg Abbott.

“And by the way, if I have anything to do with it, I’m not going to let them use the Senate chamber to shoot, because they’ve already disgraced it once,” Patrick said. “They’re not going to do it a second time.”

Patrick told the audience at the Texas Public Policy Foundation, a conservative public policy advocacy group, that he already has other issues with the movie. He said they sent him a script and asked, “Guess who the villain is?”

After a pause, Patrick raised his right hand and smiled: “Me.”

Can’t imagine why anyone might think of you that way, Danno. Now please go ahead and show me where that mean lady hurt you. You’re safe now. RG Ratcliffe has more.

Filing roundup: State Senate

In 2014, Democrats contested five of the eleven Republican-held State Senate seats on the ballot, plus the seat that was vacated by Wendy Davis, which was won by Republican Konni Burton. This year, Democrats have candidates in eleven of these twelve districts. I wanted to take a closer look at some of these folks. For convenience, I collected the filing info for Senate and House candidates from the SOS page and put it all in this spreadsheet.

Kendall Scudder

SD02Kendall Scudder (Facebook)

SD03 – Shirley Layton

SD05Brian Cronin (Facebook)
SD05Glenn “Grumpy” Williams
SD05Meg Walsh

SD07David Romero

SD08Brian Chaput
SD08 – Mark Phariss

SD09Gwenn Burud

SD10Allison Campolo (Facebook)
SD10Beverly Powell (Facebook)

SD16Joe Bogen (Facebook)
SD16Nathan Johnson (Facebook)

SD17Fran Watson (Facebook)
SD17Rita Lucido (Facebook)
SD17 – Ahmad Hassan

SD25Jack Guerra (Facebook)
SD25Steven Kling (Facebook)

SD30Kevin Lopez

I skipped SDs 14, 15, and 23, which are held by Democrats Kirk Watson, John Whitmire, and Royce West. Whitmire has two primary opponents, the others are unopposed. Let’s look at who we have here.

Kendall Scudder is a promising young candidate running in a tough district against a truly awful incumbent. First-term Sen. Bob Hall is basically Abe Simpson after a couple years of listening to Alex Jones. If he runs a good race, regardless of outcome, Scudder’s got a future in politics if he wants it.

Shirley Layton is the Chair of the Angelina County Democratic Party, which includes Lufkin. Robert Nichols is the incumbent.

All of the contested primaries look like they will present some good choices for the voters. In SD05, Brian Cronin, who has extensive experience in state government, looks like the most polished candidate to take on Charles Schwertner. Grumpy Williams is easily the most colorful candidate in any of these races. There wasn’t enough information about Meg Walsh for me to make a judgment about her.

I’ve previously mentioned Mark Phariss’ entry into the SD08 race at the filing deadline. He doesn’t have a website or Facebook page up yet, but you could read this Texas Monthly story about him and his husband for a reminder of who Phariss is and why he matters. This seat is being vacated by Van Taylor, and the demonic duo of Angela Paxton and Phillip Huffines are running for it on the GOP side.

I couldn’t find much about either David Romero or Gwenn Burud, but in searching for the latter I did find this Star-Telegram story, which tells me that the Tarrant County Democratic Party did a great job filling out their slate. The incumbent here is Kelly Hancock.

Elsewhere in Tarrant County, the primary for SD10, which is overall the most closely divided district, ought to be salty. Powell is clearly the establishment candidate, having been endorsed by folks like Wendy Davis and Congressman Mark Veasey. Campolo identifies herself as a Bernie Sanders supporter. I expect there will be some elbows thrown. The winner gets to try to knock out Konni Burton.

Joe Bogen and Nathan Johnson seem pretty evenly matched to me. They’re battling for the right to take on the awful Don Huffines, whose SD16 is probably the second most vulnerable to takeover.

In SD17, Fran Watson, who is a former President of the Houston GLBT Political Caucus, has been in the race for a few months. Rita Lucido, who was the candidate against Joan Huffman in 2014, filed on deadline day. The presence of perennial candidate Ahmad Hassan means this one could go to a runoff.

Both Jack Guerra and Steven Kling look like good guys in SD25. No doubt, both would be a big improvement over the zealot incumbent Donna Campbell.

Last but not least, Kevin Lopez is a City Council member in the town of Bridgeport. He joins Beverly Powell, who serves on the Burleson ISD Board of Trustees, as the only current elected officials running for one of these offices. The incumbent in SD30 is Craig Estes, and he is being challenged in the Republican primary.

Winning even one of these seats would be great. Winning two would bring the ratio to 18-13 R/D, which would be a big deal because the old two thirds rule is now a “sixty percent” rule, meaning that 19 Senators are enough to bring a bill to the floor, where 21 had been needed before. Needless to say, getting the Republicans under that would be a big deal, though of course they could throw that rule out all together if they want to. Be that as it may, more Dems would mean less power for Dan Patrick. I think we can all agree that would be a good thing. None of this will be easy – Dems are underdogs in each district, with more than half of them being very unfavorable – but at least we’re competing. National conditions, and individual candidates, will determine how we do.

At some point we will be able to stop talking about who may run for Governor as a Democrat

That day is December 11. I am looking forward to it.

Andrew White

With less than a month before the filing deadline, the most prominent declared candidate for Texas governor is probably Andrew White, the son of former governor Mark White. White, a self-described “very conservative Democrat,” has never run for elected office and holds views on abortion likely to alienate some Democratic primary voters. (He says he wants to “increase access to healthcare and make abortion rare.”) In a November 2 Facebook post, Davis — a major figure in the state’s reproductive justice scene — called White “anti-choice” and summarized her reaction to his candidacy: “Uhh — no. Just no.”

For lieutenant governor, mild-mannered accountant Mike Collier — who lost a run for comptroller last cycle by 21 percentage points — is challenging Dan Patrick, one of the state’s most effective and well-funded conservative firebrands. Attorney General Ken Paxton, who will be fighting his securities fraud indictment during campaign season, drew a largely unheard-of Democratic opponent last week in attorney Justin Nelson, a former clerk for U.S. Supreme Court Justice Sandra Day O’Connor.

Candidate filing officially opened Saturday and ends December 11, but candidates who haven’t declared are missing opportunities for fundraising, building name recognition and organizing a campaign.

“Texas Democrats have quite clearly thrown in the towel for 2018,” said Mark P. Jones, a Rice University political scientist. “People truly committed to running would already be running; [the party] may be able to cajole, coerce or convince some higher-profile candidates to run, but with every passing day that’s less likely.”

Dallas County Sheriff Lupe Valdez announced last week that she’s considering a gubernatorial run, but her staff refused further comment and Valdez has yet to file. Whoever faces off with Governor Greg Abbott will be staring down a $41 million war chest.

Democratic party officials insist more candidates are forthcoming: “We’ve taken our punches for withholding the names of who we’re talking to,” said Manny Garcia, deputy director with the Texas Democratic Party. “It’s been personally frustrating to me because I know who we’re talking to and I know they’re exciting people.”

Castro agreed with Garcia: “I do believe that before the filing deadline you’re going to see people stepping up to run,” he told the Observer.

The lone bright spot on the statewide slate, said Jones, is Beto O’Rourke, the El Paso congressman taking on Ted Cruz. Highlighting the value of announcing early, O’Rourke has raised an impressive $4 million since March off mostly individual donations.

“Like in Battlestar Galactica, O’Rourke is Battlestar Galactica and then there’s this ragtag fleet of garbage ships and transports accompanying him,” Jones said of the current Democratic lineup, noting that even O’Rourke was a second-string option to Congressman Joaquín Castro.

Look, either Manny Garcia is right and we’ll be pleasantly surprised come December 12, or he’s being irrationally exuberant and we’ll all enjoy some gallows humor at his expense. Yeah, it would be nice to have a brand-name candidate out there raising money and his or her profile right now, but how much does two or three months really matter? Bill White was still running for a Senate seat that turned out not to be available at this time in 2009; he didn’t officially shift to Governor until the first week of December. If there is a candidate out there that will broadly satisfy people we’ll know soon enough; if not, we’ll need to get to work for the candidates we do have. Such is life.

In other filing news, you can see the 2018 Harris County GOP lineup to date here. For reasons I don’t quite understand, the HCDP has no such publicly available list at this time. You can see some pictures of candidates who have filed on the HCDP Facebook page, but most of those pictures have no captions and I have no idea who some of those people are. The SOS primary filings page is useless, and the TDP webpage has nothing, too. As for the Harris County GOP, a few notes:

– State Rep. Kevin Roberts is indeed in for CD02. He’s alone in that so far, and there isn’t a candidate for HD126 yet.

– Marc Cowart is their candidate for HCDE Trustee Position 3 At Large, the seat being vacated by Diane Trautman.

– So far, Sarah Davis is the only incumbent lucky enough to have drawn a primary challenger, but I expect that will change.

That’s about it for anything interesting. There really aren’t any good targets for them beyond that At Large HCDE seat, as the second edge of the redistricting sword is really safe seats for the other party, since you have to pack them in somewhere. Feel free to leave any good speculation or innuendo in the comments.

Abbott v Davis

It’s getting real out there.

Rep. Sarah Davis

In what promises to deepen divisions in the Texas Republican Party, Gov. Greg Abbott on Monday endorsed a GOP challenger to incumbent state Rep. Sarah Davis of Houston.

Abbott gave his public thumbs-up to Susanna Dokupil, a more-conservative Republican like Abbott, who is running against the more moderate Davis, who also touts herself as “a conservative voice in Austin.”

The announcement was the first endorsement of a legislative challenger by Abbott, who had announced last summer that he would support legislative candidates who supported his positions on issues. In the past, it has been relatively rare for governors to get involved in legislative races so early — if at all.


Davis, an attorney, has challenged Abbott’s positions on a number of issues in the past year, including the bathroom bill. She has represented a district that includes West University Place for four terms in the Texas House.

“We need leaders in Austin who will join me to build a better future for Texas,” Abbott said in his endorsement statement. “I trust Susanna, and I know voters in House District 134 can trust her too to fight for their needs in Austin, Texas. Susanna is a principled conservative who will be a true champion for the people of House District 134, and I am proud to support her in the upcoming election.”

Dokupil, who is CEO of Paladin Strategies, a strategic communications firm based in Houston, worked for Abbott as assistant solicitor general while he was Texas attorney general, before becoming governor. There, she handled religious liberty issues, he said.

Abbott said he has known Dokupil for more than a decade.

Davis is a part of the House leadership team. She chairs the House General Investigating and Ethics, serves as chair for health and human services issues on the House Appropriations Committee and is a member of the influential Calendars Committee that sets the House schedule.

In a statement, Davis appeared to dismiss the Abbott endorsement of her challenger, who said she represents the views of her district.

“I have always voted my uniquely independent district, and when it comes to campaign season I have always stood on my own, which is why I outperformed Republicans up and down the ballot in the last mid-term election,” Davis said.

This ought to be fun. Davis has survived primary challenges before, though she hasn’t had to fight off the governor as well in those past battles. She is quite right that she generally outperforms the rest of her party in HD134. Not for nothing, but Hillary Clinton stomped Donald Trump in HD134, carrying the district by an even larger margin than Mitt Romney had against President Obama in 2012. If there’s one way to make HD134 a pickup opportunity for Dems in 2018, it’s by ousting Davis in favor of an Abbott/Patrick Trump-loving clone. Perhaps Greg Abbott is unaware that he himself only carried HD134 by two points in 2014, less than half the margin by which he carried Harris County. Bill White won HD134 by three points in 2010. HD134 is a Republican district, but the people there will vote for a Democrat if they sufficiently dislike the Republican in question. This could be the best thing Greg Abbott has ever done for us. The Trib and the Observer, which has more about Davis’ opponent, have more.

Julian 2020?

He has raised the possibility.

Julian Castro

Texas Democrat Julian Castro confirmed Sunday he is seriously considering running for president in 2020 and former state Sen. Wendy Davis left open the possibility she will take another run at running for governor in 2018.

“I might,” Castro told more than 350 people at a political conference near the University of Texas on Sunday morning. Davis’ comments came at the same event.

Castro, the secretary of the U.S. Department of Housing and Urban Development under President Barack Obama, said the country needs a very different president than what is in office now and he will spend 2018 weighing a bid. He said the country needs someone “fundamentally honest” in the White House.

“We’ve had too much lying out of the White House,” Castro said.

Well, it’s hard to argue with that. There has been talk of Julian Castro running for President in 2020 – it’s even had an effect on Joaquin Castro’s consideration of running for Governor this year. I’ve no doubt that Julian Castro has been thinking about running since approximately November 9 of last year. It’s mostly a question of how he goes about it. I’ll be happy to see Julian run and will give strong consideration to supporting him, but for now all I care about is 2018.

Speaking of 2018, from the same story:

At the same event, Davis meanwhile left open the possibility that she will be running for governor again in 2020.

The former state senator from Fort Worth said although she was defeated in 2014 by Gov. Greg Abbott, it was before voters knew how far right he would go in supporting legislation like SB 4, which she called the “show me your papers” law that threatens every citizen with brown skin. Supporters of SB 4 have said the legislation was to outlaw so-called sanctuary cities and allow local law enforcement to check the immigration status of people they pull over.

Davis made clear she’s only considering it largely because other Democrats have failed to step forward to run.

“Because no one else is stepping forward,” Davis said when asked by moderator Evan Smith of The Texas Tribune why she was not ruling it out.

I love Wendy Davis. I don’t know how many other Democrats love her at this point. It’s a hard thing, losing an election like she did. This story came out before Dallas County Sheriff Lupe Valdez put her name out there, and I think it’s safe to say that if Valdez gets in, Davis will not. But she’s there, maybe, just in case.

One of the other brand-name candidates who is at least thinking about “stepping forward” is Andrew White, who as this Trib story about the same event notes was criticized by Davis fr being anti-choice. White has since updated his website to address some issues; he says “Roe v Wade is the law of the land, and I respect the law” in the Women’s Health section, which doesn’t tell us very much about what sort of bills he would sign or veto if he were to be elected. You can see what he has for yourself – I’m more concerned about his Border Security position, which doesn’t make any sense to me. Filing begins this weekend, so one way or another we’ll begin to get some clarity.

Two (so far) for SD10

Here’s what we learn in this Star-Telegram story about incumbent Sen. Konni Burton’s intent to run for re-election.

Sen. Konni Burton

At least two Democrats already have announced their intention to seek Burton’s seat.

Allison Campolo, a research scientist and teaching assistant at Oklahoma State University who lives in Euless, announced her campaign on Facebook, saying “this is going to be a long and hard and expensive fight but every sacrifice will be worth it if we can put another progressive in the State Legislature to fight for Texans.”

Beverly Powell, a Fort Worth woman who serves on the Burleson school board and is Burleson Mayor Ken Shetter’s mother, also intends to run. Powell criticized Burton’s ardent partisanship that she said sometimes runs counter to the needs of her district.

“It’s time for new leadership that cares more about families here in Tarrant County than about narrow ideology or endless division and I will work to provide it.”

Fort Worth attorney Jeff Whitfield is considering a bid for the office as well.

Here’s Allison Campolo’s webpage and campaign Facebook page. She has a campaign kickoff event coming up on July 1. Google didn’t have any other useful information for me about her, but I see that she and several other Democratic female candidates in the D/FW area joined together for a campaign event, which seems like a great idea.

Beverly Powell’s candidacy also drew a local newspaper mention. Her website is here and her Facebook page is here. You can also see her official bio on the Burleson ISD School Board page.

This ought to be an interesting primary, between two candidates that at least on the surface offer a bit of contrast, as Campolo is a newcomer with a science background, and Powell is more of an establishment figure as well as a current officeholder. I wonder if Annie’s List will have a favorite or if they’ll wait till after the primary to publicly back the nominee. Hillary Clinton didn’t quite carry SD10, but overall it is the most competitive Senate district on the ballot next year. Even in the disaster of 2014, Burton only beat Libby Willis by 52.8% to 44.7%, with Greg Abbott beating Wendy Davis in her former district 52.9% to 45.6% and Dan Patrick topping Leticia Van de Putte 52.7% to 44.2%. It wouldn’t take much of a shift in turnout for SD10 to be at best a tossup. I look forward to seeing who emerges in this district.

Bathroom bills and business interests

Texas Monthly’s Dave Mann reviews the Republican schism over the bathroom bill and comes to the same conclusion as I have.

At the moment, the Legislature—and the Republican party, for that matter—has settled into an uneasy stalemate between Patrick’s right-leaning Senate and Straus’s more moderate coalition in the House. But, as they say, stalemates are made to be broken, and right now, Patrick’s faction seems likely to prevail eventually. It has the support of the most-devoted Republican primary voters, many of whom view moderation or compromise as surrender.

So business leaders and their Republican allies are in a precarious position. They still have a power base in the House, because Straus and his leadership team have fended off several challenges from the right, but he won’t be speaker forever. This session is his fifth leading the House, tying the record for longest-serving speaker with Pete Laney and Gib Lewis. Whenever he departs, Straus could well be replaced by a more conservative figure. So the talk among business Republicans in Austin’s bars and restaurants these days is about how they can reverse their losses and reclaim their party.

Well, good luck with that. The Republican grass roots aren’t going to moderate themselves, and it seems likely that business-friendly Republicans will continue to lose primaries, especially in statewide races. As long as that dynamic remains, the Republican party won’t be tilting back toward the middle anytime soon.

But there is another political party. Remember that one? It’s been stripped down and left to rust for the past two decades. But the Texas Democratic party is still there, waiting for someone to gas it up and take it for a spin.

That’s just what big-business interests should do. The TAB and any number of influential corporations could easily take over the party by recruiting and funding candidates to run as Democrats. It would be a homecoming of sorts; after all, years ago, before the state flipped to the GOP, business-friendly Republicans were conservative Democrats.

The problem with this idea is that Democrats can’t win in Texas at the moment. Sure, big business could take over the Democratic party, but what good would it do? Except the goal here isn’t to suddenly flip the state back to the Democrats. No, the goal would simply be to make Democrats somewhat more competitive, especially in statewide races. They don’t necessarily have to win, just get close enough to scare Republicans and perhaps nudge the GOP back toward moderation.

Republican primaries might turn out differently if there was the threat of a tight race in the general election—and that threat could be more credible in 2018 than it has been in years, with many pundits expecting the national mood to favor Democrats by then. Would Abbott strike a more moderate tone if he knew a well-funded pro-business Democrat was waiting for him in the 2018 general? Part of the business lobby’s problem with Patrick is that it has no way to threaten him. He’s untouchable in a Republican primary, and his general election campaigns have been cakewalks. But if, say, a conservative Democrat, backed by big-business money, opposed him in 2018, that might lead Patrick to moderate just a bit. Similarly, if the GOP once again nominated social conservatives with questionable credentials—like Attorney General Ken Paxton, currently under indictment, or Sid Miller, the agriculture commissioner famous for traveling out of state for his “Jesus shot”—for statewide offices, they’d at least have a challenging race in the fall. And just maybe the specter of a formidable Democratic opponent would lead to a more robust debate within the Republican party, rather than simply a mass rush to the right.

While I agree with Mann in the aggregate, there are several places where I disagree. For one thing, I don’t know what he means by a “conservative” Democrat, but I do know that Democratic primary voters aren’t going to be interested in that. Discussions like this often get bogged down in semantics and everyone’s personal definitions of words like “liberal” and “conservative”, but I think we can all agree that a Democratic candidate who is “conservative” (or just relatively “conservative” for a Democrat) in the social issues sense is going to be extremely controversial. It’s not like Democrats haven’t tried the approach of soft-pedaling such items in recent elections – see, for example, Wendy Davis’ muteness on abortion and her flipflop on open carry in 2014 – it’s just that there’s little to no evidence that it has helped them any. Maybe nothing could have helped them in those elections, but in the Trump era where everyone is fired up with the spirit of resistance, it’s really hard to see how this approach would do anything but piss people off.

I also dispute the assertion that the threat of a close race will make Republicans more likely to choose the less-extreme, more “electable” candidate in their primaries. For Exhibit A, see Kay Bailey Hutchison in the 2010 gubernatorial primary. Surely Bill White was a credible threat to them that year, but Rick Perry’s successful strategy was the exact opposite of striking a more “moderate” tone. The only thing that might convince Republican primary voters to try something different will be sustained electoral failure. To say the least, we are not there yet.

What I would recommend for Democrats like Mike Collier and Beto O’Rourke and whoever might emerge to challenge Greg Abbott and Ken Paxton is to approach the business community by reminding them that we already broadly agree on a number of core matters – quality public and higher education, better infrastructure, sanity on immigration, non-discrimination – and where we may disagree on things like taxes and regulations, the Lege will still be Republican. What you get with, say, a Democratic Lt. Governor is a hedge against self-inflicted stupidity of the SB6 and “sanctuary cities” variety. You will get someone who will listen to reason and who will be persuaded by evidence. From the business community’s perspective, this is a better deal than what they have now, and a better deal than any they’re likely to get in the near future. For there to be a chance for that to happen, it will take Democratic candidates that a fired-up base can and will support, plus the willingness of the business community to recognize the hand they’ve been dealt. The ball is in their court.

Texas Lyceum poll on Trump and 2018

From the inbox, the promised Day Two results:

Statewide poll numbers released today by the Texas Lyceum, the state’s premier, non-partisan, nonprofit statewide leadership group, show U.S. Republican Senator Ted Cruz of Houston (Lyceum Class of 2004) isn’t guaranteed another term as Texas’ Senator according to early trial ballots pitting the incumbent against his two likely Democratic challengers: U.S. Congressmen Beto O’Rourke of El Paso and Joaquin Castro of San Antonio.

Senator Cruz is tied with Congressman O’Rourke, who entered the contest last month, at 30 percent each. However, 37 percent of registered Texas voters say they haven’t thought about the race yet. Congressman Castro fairs slightly better against the incumbent Senator, with 35 percent of Texas adults saying they support him over Ted Cruz at 31 percent.

“Ballot tests conducted this far in advance of an actual election are, at best, useful in gauging the potential weaknesses of incumbents seeking re-election,” said Daron Shaw. “But the substantial percentage of undecided respondents—coupled with the conservative, pro-Republican proclivities of the Texas electorate in recent years—suggest a cautious interpretation.”

Patrick vs. Collier

Meantime, Lieutenant Governor Dan Patrick’s Democratic challenger, Houston area accountant Mike Collier, comes within the margin of error if that 2018 race were held today. 27 percent chose the little-known Collier compared to 25 percent who chose Lieutenant Governor Patrick. But again “not thought about it” outpaces both candidates at 46 percent in that race – which is also 18 months away.

Right Track/ Wrong Track

Compared to last year, fewer Texans believe the country is on the wrong track at 52 percent compared to to 63 percent in 2016. However, party and race drive much of the results, with 84 percent of Democrats saying the country is on the wrong track, and 73 percent of Republicans expressing that things are moving in the right direction.

President Trump’s job approval numbers line up by party

More Texans disapprove than approve of the job Donald Trump is doing as President (54 percent to 42 percent), but the results vary significantly by party. 85 percent of Republicans give the President positive marks compared to 86 percent of Democrats who disapprove of his job performance. Same goes for young Texans – 73 percent of 18-29 year olds are not enthused with the President’s job performance along with 61 percent of Hispanics. Meantime, he is viewed positively by 60 percent of Whites.

The press release for Day Two, from which I am quoting above, is here, and the Day Two Executive Summary is here. My post on the Day One poll is here, and the Lyceum poll page for 2017 is here. As you might imagine, I have a few thoughts about this.

1. For comparison purposes, the UT/Trib poll from February had Trump’s approval ratings at 46/44, which is to say slightly more approval but considerably less disapproval than the Lyceum result, with both polls showing a strong split between Dems and Republicans. What explains the divergence of the results, given the similar partisan dynamic? Two likely reasons: First, the Trib poll is of registered voters, while the Lyceum surveys adults, of whom 11% are not registered. It’s probable that the broader the sample, the less Republican-leaning it is. We don’t know what the partisan mix is of the Lyceum poll so this is just a guess, but it is consistent with the numbers. Two, the Trib result showed that independents were basically evenly split on Trump, at least in February. The Lyceum poll doesn’t say how indies felt about Trump, but if it is the case that they were sufficiently against him, that would have tilted the numbers into negative territory. Again I’m just guessing, but either or both of these things being true could explain the difference.

2. I’m not sure what the “cautious interpretation” of the very early horse race numbers Daron Shaw has in mind is, but my cautious interpretation is that these numbers kind of stink for Ted Cruz and Dan Patrick. Not because of what the Democrats got, though I’ll speak to those figures in a minute, but because there was so little support expressed for Cruz and Patrick. A key feature of many super early polls is that a lot of people haven’t given the matter any thought, and of those who have many don’t yet have an opinion or don’t feel strongly enough about it to express an opinion. With challengers, there’s often a name recognition factor as well, so the generally low number that a newbie will get reflects little more than some raw partisan preference. But here we are talking about two incumbents who are the highest-profile politicians in the state. For Cruz to top out at 31 percent and Patrick at 25 percent, with both trailing lesser-known opponents, suggests that there’s not a whole lot of love for these guys. It’s hardly a time for panic, but I’d be at least a little bit concerned about such limp numbers if I were them.

3. By the same token, even a 35% support level for Joaquin Castro at this point in time, and even before he’s a candidate (if indeed he becomes one), is not too shabby. Remember, most people haven’t given this any thought or don’t have a strong opinion if they have one, yet Castro is already almost at the level of support that actual 2014 statewide Democrats received that year. That suggests at least the possibility of a higher than usual level of engagement and interest. For another point of comparison, the November 2013 UT/Trib poll for the Governor’s race had Greg Abbott leading Wendy Davis 40-35; this was not long after the summer of the Davis filibuster and the the HB2 special sessions, when enthusiasm for Davis was about as high as it ever was to get, as well as being seven months farther along in the calendar. It’s one result and I don’t want to over-interpret, but given all the other evidence we have about Democratic levels of engagement this year, it feels like we’re starting out in a different place. Beto O’Rourke’s thirty percent against Cruz is closer to what I’d consider the normal default level for Dems in a very early poll, but in this case the difference between himself and Catro may just be a reflection of a higher level of name recognition for Castro.

4. Again, it is important to remember this is a poll of adults, eleven percent of whom in this sample are not registered to vote. I don’t know how the numbers break down by registered/not registered, but the point here is that it is likely a significant number of the people in this poll will not participate in the 2018 election, and as such their opinions just don’t matter. That said, a huge piece of the puzzle for Democrats, especially next year, will be to get lower propensity voters to the polls, as we saw happen in the recent Congressional special elections in Kansas and Georgia. This one poll doesn’t tell us much, but future polls may paint a picture of how or if that is happening for Democrats, and for Republicans too – if they are less engaged, then they will have trouble.

5. Which brings me back to the Presidential approval numbers, as they are likely to be the best proxy we will have for voter enthusiasm going forward. As noted before, Democrats and Republicans have roughly similar levels of disapproval and approval of Donald Trump, which means that any change in the overall level of approval for Trump will come from either independents turning against him and/or Republicans abandoning him. This poll suggests the possibility of #1 happening, but as yet we have not seen evidence of #2. If we ever do, that’s going to be a big deal, and potentially a big problem for the Republicans. RG Ratcliffe, TPM, and the Trib have more.

As goes Tarrant

The Trib ponders the one big urban county that is not like the others.

Among the state’s five biggest counties, Tarrant is the only one that hasn’t backed a Democratic presidential candidate in the past decade. The 2016 presidential election heightened Tarrant’s status as an outlier. Even as the rest of the state’s big-city territories moved deeper into the Democratic column, Tarrant steadfastly emerged as America’s most conservative large urban county.

President-elect Donald Trump, who takes office this week, won the county by an 8.6-point margin. It was the narrowest win for a GOP presidential nominee in decades in Tarrant. But among the country’s 20 largest counties, Tarrant was only one of two that swung Trump’s way in November — and it had the wider margin.

Across Tarrant County, Democratic pockets are fewer and less powerful than their Republican counterparts. All four of the state senate districts that fall in Tarrant County are represented by Republicans. The GOP also holds eight of the county’s 11 state House seats. Four of the five county commissioner court seats are held by Republicans.

Residents, elected officials and experts here point to a nuanced union of demographic, cultural and political forces to explain why.

“There’s just all kinds of interesting numbers out there that make Tarrant County a lot different,” said U.S. Rep. Marc Veasey of Fort Worth, the only Democrat holding one of the county’s five congressional seats.

Tarrant’s minority population, which tends to lean Democratic, hasn’t caught up to the state’s other big urban counties. At the same time, many Tarrant voters have a storied history of preferring practical governance to partisanship, according to officials and political observers. They say that helps support the moderate faction of the GOP, especially in Fort Worth, the nation’s 16th-largest city.

Then there’s the county’s development pattern. A lot of Tarrant remains rural. And, unlike Harris, Dallas and Travis counties, many of Tarrant’s affluent suburbs and conservative bedroom communities lie within its borders, not outside them. That’s helped give rise to the NE Tarrant Tea Party, a passionate and organized group that simultaneously supports far-right local candidates and serves as a powerful base for statewide Republicans.


Part of what has helped Tarrant become the state’s lone Republican urban county is that its minority populations, which largely and traditionally tend to lean Democratic, haven’t caught up to the state’s other big urban counties.

White residents’ share of the Tarrant population is falling, but it hasn’t declined as quickly as it has in Harris, Dallas, Travis and Bexar, said state demographer Lloyd Potter. The county’s Hispanic population is growing quickly, but it still lags behind the other big counties in terms of raw numbers, Potter added.

But that’s likely to change.

While Tarrant remains more white than Texas as a whole, it’s experienced a more significant drop in its share of white residents in the past 10 years compared to the state. In 2015, the county’s white population dropped to 48.5 percent — down from 56.4 percent in 2005.

Whites’ falling numbers in the county aren’t limited to its urban core in Fort Worth. In fact, the white population experienced a bigger drop in its share of the population in the suburbs from 2005 to 2015.

Here’s a fun fact, which I believe I have mentioned before: Tarrant County is a really good predictor of the overall Presidential race result in Texas. Witness the past four elections:


Statewide – Bush 61.09%, Kerry 38.22%
Tarrant – Bush 62.39%, Kerry 37.01%


Statewide – McCain 55.45%, Obama 43.68%
Tarrant – McCain 55.43%, Obama 43.43%


Statewide – Romney 57.17%, Obama 41.38%
Tarrant – Romney 57.12%, Obama 41.43%


Statewide – Trump 52.23%, Clinton 43.24%
Tarrant – Trump 51.74%, Clinton 43.14%

Almost spooky, isn’t it? One perfectly rational answer to the question “when will Texas turn blue?” is “when Tarrant County also turns blue”.

Anyway. The article is correct that Tarrant differs from the other big urban counties in that it’s actually a lot less urban than they are. Much of Tarrant is suburban, even rural, and that’s just not the case in Harris, Dallas, Bexar, and Travis. Tarrant’s demographics are changing, as the story notes, but I have no idea if there’s anything to suggest its demographics are changing any faster than the state’s are. The statewide judicial races and the one contested district court race were all in the 13-16 point range, which is consistent with the statewide results. I wish I could say I saw something to suggest change was coming faster, but at least in the numbers, I can’t. Maybe someone who is more familiar with the county can chime in.

Having said all this, one big opportunity in 2018 is in Tarrant, and that’s SD10, the Senate seat formerly held by Wendy Davis. Even in the dumpster fire of 2014, freshman Sen. Konni Burton only won by nine points, with 52.83% of the vote. If 2018 is a less hostile year, this is a winnable race, and as I’ve said before, any competitive Senate race is a big deal. Whatever we can do to hasten change in Tarrant County, 2018 would be a good time to do it.

Texas Dems look to 2018

I have a few things to say about this.

Just because

A tight-knit group of Texas Democratic leaders traveled to the state capital [in late January] to begin preliminary conversations about the 2018 midterm races.

According to over a dozen interviews with Texas Democratic insiders and national Democrats with ties to the state, the meeting included some of the party’s most well-known figures from Texas including former Secretary of Housing and Urban Development Julián Castro, his twin brother, U.S. Rep. Joaquin Castro of San Antonio, Texas Democratic Party Finance Chairman Mike Collier, former state Sen. Wendy Davis, state Democratic Chairman Gilberto Hinojosa, U.S. Rep. Beto O’Rourke of El Paso, former Houston Mayor Annise Parker and state Reps. Rafael Anchia of Dallas and Chris Turner of Grand Prairie.

Their main agenda: mapping out a strategy for the 2018 midterm elections.

The expectations in the room were not soaring but were cautiously hopeful. That optimism was mostly rooted around one person: President Donald Trump.

“I think 2018 will be the most favorable environment Texas Democrats have had in a midterm election in well over a decade,” said Turner, who declined to comment on the meeting. “I think when you look at the actions of the Trump administration just three weeks in, you’re seeing a president with historically low approval ratings in what should be a honeymoon period, and no indication that’s going to change given his divisive actions.”

Trump’s presidency brings together a confluence of several factors that Democrats hope will get candidates over the line: a stronger-than-past Texas Democratic performance last November in urban centers, the traditional backlash against a sitting president in the midterms and an increasingly expected added drag that Trump will create for Republicans.

The Democratic calculation is that in this unpredictable and angry climate, a full 2018 slate could produce a surprising win or two statewide or down-ballot.


Sources say no decisions were made on whom should run in which slot, nor was that widely discussed. Instead, the emphasis was on ensuring that state leaders would work together to present the strongest slate possible.

And also unlike past cycles, the Democratic planning this term centers on the political climate, rather than on a singularly compelling personality running for governor.

That the meeting happened at the outset of the state’s legislative session was also no coincidence. Democrats sense an opportunity to win over some of the business community, particularly as the “bathroom bill” touted by Republican Lt. Gov. Dan Patrick continues to percolate at the state Capitol and as immigration, and particularly Trump’s proposals for a border wall and Mexican tariffs, roil national politics.

Parker did emphasize to the Tribune that the conversations about 2018 are happening throughout the state.

“It’s never going to be about what a small group of people said or do in a room,” she said. “It’s about what the people of Texas tell us what they need. Many of us have committed to going out and having those conversations.”


Since the Jan. 27 meeting, Julian Castro, the most-speculated Democratic contender to take on Gov. Greg Abbott, has made clear he is unlikely to run statewide in 2018. He all but closed the door on that possibility in an early morning tweet Thursday.

Instead, the most frequently floated gubernatorial candidate is Collier, a 2014 state comptroller candidate. Collier is relatively unknown statewide but impressed several Democrats in that previous run. He has also been suggested as a possible contender to run for lieutenant governor.

It’s the U.S. Senate race that is quickly becoming the center of the Democratic world, in part because of the incumbent, Cruz, and because of the two Democratic up-and-comers mulling runs: O’Rourke and Joaquin Castro.

Both men are in the same 2012 congressional class and are considered friendly with each other.

Democrats in the state and in Congress are closely watching how the two men maneuver around a possible primary race against each other, but the betting money is that O’Rourke is more likely to follow through with a run.

My thoughts:

– Optimism tempered with reality is the way to go. Dems basically have nothing to lose – HD107 was the only Dem-won seat that was remotely close – and plenty of targets that at least appear to be closer after last year. To be sure, there was reason for optimism going into 2014 as well, and we know how that turned out. The difference is who’s in the White House.

– The “tempered by reality” part is the recognition that all the seats we are trying to win were drawn to elect Republicans, and to put it mildly there’s no track record of good Democratic turnout in off years. You have to believe, as I do, that the national political climate is a big factor in how these elections play out, and that 2018 will be different than 2014 and 2010. Different doesn’t have to mean better, but all things considered it’s the more likely possibility.

– Dan Patrick has got to be a better statewide target than Greg Abbott. Abbott has good favorability numbers, and he’s not out there leading the charge for SB6. Mike Collier is the kind of credible-to-business candidate Dems could present as a viable alternative to Patrick to the business lobby. There are many reasons why those guys may stick with the devil they know even as he works against their interests, but at least there’s a chance they could be persuaded. There’s no chance they would abandon Abbott. If I were advising Mike Collier, I’d tell him to put Lite Guv first on my list. Sure, it would be nice to have a candidate with legislative experience running for that spot, but 1) the main thing you need to know as the guy who presides over the Senate is parliamentary procedure, and 2) have you even seen the guy Dan Patrick backed for President? Don’t come at me with this “experience matters” stuff.

– As long as we’re being optimistic, let’s assume Ken Paxton gets convicted between now and next November, and he does not get primaried out. It shouldn’t be that hard to find a decent candidate willing to take that bet. Just make sure that he or she has the resources needed to win the Dem primary in the event a Grady Yarbrough/Lloyd Oliver type decides to get in. The one thing we absolutely cannot do is accidentally nominate a joke to oppose Paxton.

– Having good candidates with sufficient resources to wage active campaigns in the legislative races will have a positive effect on turnout just as having a strong slate at the top of the ticket. This is not an either-or, it’s a both-and.

– Along those lines, the next best way to check Dan Patrick’s power is to reduce the number of Republicans in the Senate. Dallas County Democrats need to find a strong candidate to run against Don Huffines. Dallas County needs to be strong in 2018.

– The story talks about Democratic performance in the urban centers, and that’s important, but the suburbs matter as well. Opportunities exist in Fort Bend, Brazoria, Collin, Denton, and Williamson, and there are also a lot of votes in these places. Part of the strategy needs to be geared towards turning the tide in the suburbs. If nothing else, winning a seat in one of these places really changes the narrative, and serves as a concrete marker of progress.

– At some point, Democrats need to figure out how to translate the message that they have won on in big urban centers to smaller but still sizeable urban centers where they have not done as well. I’m talking about Lubbock, Amarillo, Corpus Christi, places like that. Burgeoning urban centers in suburban and exurban places, like Sugar Land, Pearland, Katy, New Braunfels, Plano, etc etc etc need to be on that list as well. Some of these places already have a Democratic presence on their City Councils and school boards. All of them could use more attention from the kind of people who gathered in Austin to talk about 2018. Who do we have in these places to even present the Democratic message? If such people exist among the local elected officials, support them and help raise their profile. If they don’t, bring in the shining faces we hope to be offering for larger roles and have them deliver it, then find opportunities to grow some local success stories there. I mean, this is what the Republicans were doing in the 70s and 80s. It’s always been a good strategy.

Basically, this was a good start. It’s the right way to think about 2018. Now let’s keep it going.


In Austin.

Up to 50,000 activists swarmed the Capitol grounds on Saturday to fight for women’s rights on the heels of Trump’s inauguration. The high-spirited crowd joined more than a million protesters nationwide. The Austin march was so large that the front of the rally, which left from the Capitol and traveled down Congress Avenue, returned before thousands had even begun marching. Many long-time Austinites said it was the largest rally they’d ever seen in the capital city.

The protesters descended on downtown Austin, filling the air with chants and whistles that ricocheted among the highrises. They carried signs reading: “Nasty women unite”; “This pussy grabs back”; “Girls just wanna have fundamental rights”; “Keep your rosaries off my ovaries”; and “A woman’s place is in the revolution.”

“As you can see from the historic crowd, voters are paying attention,” said Sarah Wheat of Planned Parenthood of Greater Texas. “And we’re here to tell Trump, ‘Not on our watch.’”


Former state Senator and gubernatorial candidate Wendy Davis, a Fort Worth Democrat, highlighted the slate of speakers, opening her 20-minute speech with a reference to her 13-hour filibuster of sweeping abortion regulations that ultimately passed in 2013.

“Today, and though I do not do it very often, I am wearing those same pink sneakers that I did three years ago,” she said to booming applause. “I am wearing them not to remind you of something I did. But to remind myself of something you did.”

Giving no hints of her own political plans, Davis called on the thousands of activists to “fight like hell” to stay involved beyond the march through local organizing, contacting representatives and running for office. She called for equal pay for women as a means to improve the economy.

“In some ways we have been complicit in giving up our own power,” she said. “Well, I don’t know about you, my fellow nasty women warriors, but I have had enough of that. … We will not yield our bodies to be objectified, assaulted and trafficked.”

In Houston.

More than 20,000 singing, sign-waving protesters packed Hermann Square to roar their opposition to newly inaugurated President Donald Trump and show their solidarity with marching women across the nation Saturday.

The speaker line-up included Mayor Sylvester Turner, State Rep. Gene Wu and U.S. Rep. Al Green, who addressed a sea of people one organizer described as “the biggest crowd ever.”

“There is no room for hate in our state,” Turner told the enthusiastic masses.

Organized at the last minute, the march drew a massive and diverse crowd – even in a city not known for large protest turnout.

Planning started just over a week before the event, and the Facebook event only garnered around 5,000 responses.

“So elected officials take note,” one organizer said. “This is what could happen in 10 days.”

And there were a lot more of these around the country. (Around the world, too.) My Facebook feed on Saturday was jammed full of reports and pictures and videos, including more than a few from people I hadn’t known to be political before now. It’s encouraging and heartening, and a lot of people were energized by the experience. I’m certainly impressed by what I saw. My main concern is that we’ve seen energetic and uplifting demonstration before, most recently in 2013 with the Wendy Davis filibuster. As great as they are, they don’t mean much if they don’t translate into subsequent electoral victory, which in the end is what really matters. Circumstances are different now, and I feel like these marches will be building blocks for future action rather than one off events. They have definitely already delivered a message of resistance and accountability to the Republicans in Washington. It’s up to us from here to make sure they keep getting that message. The Austin Chronicle and the Current have more.

Republicans: Still worried about the Trump effect in Texas

The continuing story.

Texas Republicans are slowly coming to grips with the unthinkable: Hillary Clinton has a shot at winning the nation’s most iconic red state.

The odds are long, they say, in a state that hasn’t voted Democratic for president in 40 years. But in recent polling data and early voting results, they are also seeing signs of the perfect storm of demographic and political forces it would take to turn Texas blue.

According to some Republican and nonpartisan pollsters, Donald Trump is turning off enough core GOP constituencies and motivating Hispanic voters in ways that could pump up Clinton’s performance to higher levels than a Democratic nominee has seen in decades. In 2012, Mitt Romney won the state in a 16-point blowout. The current spread is just five points, according to the the RealClearPolitics polling average.

“I think that Texas is competitive this year,” said Brendan Steinhauser, an Austin-based GOP operative. “I think it’ll be much closer than usual. I think it’s because of the Trump factor.”

Steinhauser still expects Trump to end up on top. But the very idea that Texas — which gave Romney a nearly 1.3 million-vote winning margin — might be in play is an affront to some Republicans, a notion that would have seemed preposterous at the beginning of the election year. Texas is the beating heart of the modern Republican Party, and the cornerstone of any GOP nominee’s electoral strategy. It’s also home to the last Republican president, George W. Bush, and to two serious recent GOP contenders for the White House, Sen. Ted Cruz and former Gov. Rick Perry.


There’s still no indication that Clinton will even make a concerted effort to win the state’s 38 electoral votes. Allies described limited paid media buys touting her Dallas Morning News endorsement; one of her top Texas surrogates, 2014 gubernatorial candidate Wendy Davis, has largely been deployed to more competitive swing states.

Davis was skeptical of Clinton’s odds of winning the state this year, saying it’s too soon to read much into early voting figures or polling.

“It’s certainly the case that there’s a perfect storm right now, where we have a candidate, Donald Trump who’s particularly reviled by Latinas, African-Americans and women,” she said, pointing out that even a whisper of hope for Democrats this year could pay dividends in down-ballot races and in future elections.

Trump’s candidacy, she said, will be used as a bludgeon in 2018 when a slew of elected Republicans — from Abbott to Cruz — seek reelection. And any inroads Democrats make this year, Davis said, could encourage other Democrats to seek office.

“I think it could,” she said. “A lot of people in Texas who are considering running statewide in the future are going to be closely watching what the indications are coming out of this election and re-analyzing the possibilities of when it makes sense to try to launch again a statewide race in Texas. I think we’re going to see a lot of new Hispanic voters in this election, African-American voters and of course fair-minded Anglos that we can build a coalition around.”

Republicans aren’t thinking that far ahead. They’re busy fretting over the possibility that even if Trump wins, a weak finish could leave a trail of vanquished down-ballot Republicans behind.
“Would [Democrats] rightly consider it a moral victory if Trump were held to single digits in Texas? Maybe,” said Travis County Republican chairman James Dickey. “But the real question is, if the margin slides from double digits to low single digits, who else becomes jeopardized?”

Three points to make here. One is what James Dickey says, which is simply that races that Republicans won comfortably when Mitt Romney was carrying the state by 16 points might not be so comfortable if Donald Trump is winning by three. And two, as Wendy Davis says, this does give Democrats a starting point and rallying cry for 2018. If Donald Trump can motivate people to vote this year, then maybe he can help motivate them to vote in 2018. There’s a lot more to it than that, but you have to start somewhere.

These are things we’ve discussed before. The third point I want to make is to note the dog that hasn’t barked. In 2012, Republican pollsters Mike Baselice and Chris Perkins released results that showed Mitt Romney with a comfortable lead in the Presidential race in Texas. Both polls were firmly in the range of the others that were made public, and both were pretty accurate on both the margin and the percentage for Romney and President Obama. Neither has released a poll result this cycle. I’m sure they have conducted polls this year – they’re top-level Republican operatives, they work for Republican campaigns, this is literally what they get paid to do, it beggars the imagination to think they haven’t done polls this year. Yet they haven’t released any poll numbers this year. Why do you think that might be true? The obvious answer is that their data would confirm what all the other polls have been saying, which is that this is a historically close race. It’s even possible they’re seeing worse numbers than what the other polls have shown. Surely if they had data to contradict the current narrative of a close race, it would be in their interest to put it out there. The fact that they haven’t done so isn’t conclusive of anything, but it sure as hell is suggestive.

Wendy Davis takes a victory lap

As well she should.

Sen. Wendy Davis

Sen. Wendy Davis

Wendy Davis, the woman whose 11-hour filibuster focused national attention on Texas’ efforts to restrict abortion access in 2013, celebrated Monday when the Supreme Court ruled that the state law was unconstitutional.

“I’m overjoyed,” Davis said in an interview with MSNBC. “I have to tell you, I was fighting back tears a moment ago, as I was reading the SCOTUSblog and the first line that came out saying that the 5th Circuit opinion or decision had been reversed. It’s incredible news for the women of Texas. It’s incredible news for women throughout this country.”

In a 5-3 decision Monday, the Supreme Court struck down two abortion restrictions in a Texas law, known as HB 2, that would have shut down dozens of clinics across the state. It mandated that abortions take place in ambulatory surgical centers, or mini hospitals, instead of regular clinics.

On June 25, 2013, Davis, then a state senator, took to the floor of the Texas Senate to protest the legislation. Davis’ filibuster successfully helped Democrats delay passage of the bill, although the Senate later passed it in another session.

Since HB 2 went into effect, the number of abortion clinics in Texas has dropped from 42 to 19. Davis said Monday she expects it will take several months for access to rebound.

“But I know there are many people and organizations that are committed to making sure that that health care is returned, and that women have their reproductive freedoms restored in Texas,” she said on MSNBC. 

The title of this post is taken from a Dan Patrick sour grapes quote, and I can just imagine some of the things he’s been saying out of reporters’ earshot. Stings a little when you get slapped like that, doesn’t it, Dan? The point here is to remember that Wendy Davis was right. She was right that HB2 was a sham that would hurt women, she was right to get on the record all of the inconvenient fact-based medical questions that the Republicans refused to answer but the Supreme Court one day would, and she was right to stand and fight even though the votes were against her and she couldn’t later capitalize on that energy in the next election. The fight itself mattered, and even with the cost that came with it the vindication that Monday’s ruling brought was well earned and deserved. Whatever else happened since that day, Wendy Davis was right. We shouldn’t ever forget that.

You’ll take lower pay, ladies, and you’ll like it

From Lisa Falkenberg;

Over at the Wall Street Journal, a 25-year newsroom union pay analysis found women earning 13.2 percent less, a finding that prompted the chief executive of parent company Dow Jones and Co. to vow an urgent review of salaries.

Back in Texas last week, Gov. Greg Abbott gave a decidedly less urgent response when a reporter asked about equal pay.

Abbott said it will happen as more women reach top posts in Texas businesses and start enterprises of their own, the Houston Chronicle’s Bobby Cervantes reported.

Ah, but there’s the rub, part of it anyway: promotion. It would have been the perfect moment for the governor to encourage businesses to promote more qualified women. But he failed to make the point, or, to make any sense at all.

“It’s essential that women get more involved in the business arena and that women be able to elevate pay in Texas,” Abbott was quoted as saying. “It’s going to be women who are going to be getting the pay and charting the course.”

Huh. Yeah.

Abbott’s non-answer was particularly hollow given the setting: he was announcing the expansion of his Commission for Women, increasing the number of women on the panel and ordering it to tackle weighty issues such as STEM-based education and access to health care.

Important issues, sure. Missing from the list: equal pay.


During his campaign against state Sen. Wendy Davis, Abbott acknowledged that he agreed with former Gov. Rick Perry’s decision to veto a state version of the Lilly Ledbetter Fair Pay act. He argued women are already protected federally, but proponents of the legislation said it would have made suing over pay in state courts cheaper and faster for Texans.

Given the bill’s narrow scope, it wouldn’t have made a dent in pay inequity in Texas. But publicly opposing the bill sent a message about the former attorney general’s priorities.

That message came just as the San Antonio Express-News’ Peggy Fikac reported that female assistant attorneys general in Abbott’s office, on average, were paid less than men in the same classification. Abbott’s office cited the men’s experience, but the figures it provided showed there wasn’t always a direct correlation.

As Fikac reported: In several categories, women, on average, had more years of service, had been licensed longer, or both, but were paid less.

Abbott may truly believe there’s nothing government, outside of the courts, can and should do about equal pay. If so, he’s wrong.

The problem has many causes, from men and women choosing different jobs, to women bearing more family responsibilities, to women’s reluctance to negotiate, to real cognitive bias: the perception that women aren’t as competent or don’t work as hard.

Joseph Fishkin, a law professor at the University of Texas who focuses on employment discrimination, also mentions the “maternal wall,” which he describes as “the way we set up jobs and career paths to make it impossible to advance while having serious family responsibilities.”

Fishkin says government could do a lot about the gap if it wanted to. It doesn’t have to be passing the nation’s toughest equal pay law, as California did. Although that would be nice. For one: paid family leave and/or paid sick days, which would allow more women to stay in jobs and advance while caring for family.

Fishkin also mentions supporting a higher minimum wage, which would reduce the pay gap at the bottom, since those workers are overwhelmingly women.

Conveniently enough, Greg Abbott opposes all of those possible remedies. So we could say that he supports equal pay for women the same way he supports improving access to health care by opposing Medicaid expansion.

From the DMN editorial board:

A data crunch by The Morning News’ J. David McSwane this weekend revealed that if you are a woman, you’re making less than the white male colleague sitting right next to you doing a similar job. If you happen to be a minority woman, you’re making even less — particularly in higher-level jobs.

Not only is that blatantly unfair, but it’s been illegal for more than 50 years.

Even more troubling: Over the last decade, Texas’ gender gap has only widened.

Today, women in government make 92 cents for every $1 a white man makes, down 2 cents from 2006, The News’ report showed. Black women make 84 cents, down 2 cents. And Hispanic women make 82 cents, down 5 cents.

It’s obvious what that does to a paycheck today; just imagine how that inequity is compounded over time. And the effect it has on a woman trying to envision long-term career growth.

How’d we get here? The inequities are caused by an economic stew, including that women more often sign up for lower-paying jobs and white men more often get top-paying jobs.

Take a look at the recent recruiting and hiring done at Attorney General Ken Paxton’s office. Instead of posting two of the highest-paid positions in his office — as state law dictates — Paxton personally approached two hand-picked outsiders for the jobs. Both white men.

Paxton, the state’s top law-enforcement official, says the law allowed him the flexibility to simply appoint Jeff Mateer to assistant attorney general and Marc Rylander to communications director without opening the top jobs to others.

That smacks of cronyism. And such an unlevel playing field — where a qualified woman or minority never even had an opportunity to apply — points to one reason women’s paychecks still lag behind.

And hey, great news: Paxton just hired another crony to be his Chief of Staff. Because clearly there was no one within the office of the AG who was qualified for the job. That’s just the way these things work out, you know? But don’t worry, I’m sure the magic of the free market will solve this problem any day now.

Checking in on Battleground Texas

They’re still here.

So where does [Lon] Burnam see Battleground Texas in his plan to be the first Texas Democrat elected to a statewide office since 1994?

“No comment,” he said, before adding as he walked away, “In 20 years of public service, that’s the first time I’ve ever said that.”

Burnam’s response echoed that of many of the longtime liberal activists in the room and around Texas, underscoring the complicated feelings many Democrats have toward Battleground Texas. Many declined to comment for this story. Others were careful to avoid either actively criticizing the group or offering strong praise of it.

“They’re pretty easy to set up as a piñata,” said state Rep. Trey Martinez Fischer, a San Antonio Democrat running for state Senate, at a recent Texas Tribune event. “I mean, at a bare minimum, they’re trying, and sometimes that’s just half the battle. Whether they’re set up for this, whether they are doing this the right way, I don’t have any way to judge.”


After feeling that the group sought excessive attention in 2014, now many activists see the opposite problem: Battleground Texas seems to be hibernating. The group has scaled down its paid staff operation and will likely only do some field work in a few priority House races this year, according to sources close to the party.

In the meantime, Battleground is ignoring an important opportunity by not being more engaged in the current election cycle, argues Christian Archer, a veteran Texas campaign strategist based in San Antonio.

“We want to be able to harness the energy of right now and use it in future elections,” Archer said. “You’re never going to get the level of engagement that you do in a presidential, so there’s no better time to get involved than today. And yet I haven’t even heard the name Battleground in six months.”

I still get emails from them, but I agree that the volume is considerably lower right now. BGTX does not currently have an executive director, which I suspect is part of why that is. Most of the people quoted in the story seem willing to put the past behind us and focus on working together to do some good in this year’s election. So at least the next ED of BGTX won’t have to do too much groveling as part of the job. What I want to see in the next generation of leadership at BGTX is a full accounting of what went wrong in 2014 – I feel like we’ve barely scratched the surface of that story – what we learned from it, and what will be different this time. Some specific goals for this year would be nice, in particular targets for registering new voters and turning them out at the polls. In an alternate universe, this would be the year that BGTX was gearing up to Do Big Things, as their original intent was to focus on Presidential year turnout. They’ve taken a very different path to get where they are now, one that has inflicted some painful lessons on us all. Surely BGTX and everyone else can make something of that brutal experience. We’ll be the better for it if we can.

Mary Beth Rogers’ prescription for Texas Democrats

I’m sure you’ve seen this article by Mary Beth Rogers, onetime campaign manager for Ann Richards, about how Democrats can compete and win statewide again.


First, let’s get the numbers out of the way. Let’s use the analytics as a backdrop for all that we do, but not as the only factor to consider.

If we don’t get the numbers right, we don’t have a chance to win on any other front.

This is what we know: We have to begin winning at least 35 percent of the white vote statewide to be competitive. That’s a big jump from the 25 percent that Wendy Davis got in 2014. I believe it is doable. If we are lucky — and luck will obviously play a part in all that we do — the 2016 presidential election might help us along. If we presume that Hillary Clinton, or some other relatively appealing Democratic presidential nominee, campaigns on issues that matter to centrist voters, it might be possible to draw up to 30 percent of the white vote in Texas. If that were to happen, then the margin for Republicans over Democrats could dip into the single digits, say, a seven or eight-point advantage. These numbers would not be impossible to overcome in future elections.

Although Barack Obama lost Texas in 2008 and 2012, he carried the African American vote by 98 percent. He got a paltry 26 percent of the white vote. If he had managed to win more than 30 percent of the white vote, as he did in Virginia, Florida, and North Carolina, and if he had invested heavily in a GOTV effort as he did in those states, he might have won Texas too. Hard to believe, isn’t it? If the 2016 Democratic presidential candidate attracts more white Texas voters than Obama did, Democrats would have a larger pool to begin wooing for the 2018 statewide campaigns. There are a lot of “ifs” here, I admit. We just have to keep reminding ourselves that white voters make up about two-thirds of the total electorate in off-year elections, and no Democrat since Ann Richards in the 1990s has succeeded in reaching them.

We Democrats still have to increase our vote totals among our base. That means reaching the 65 percent threshold with Hispanic voters, keeping 95 percent of African American voters, and winning Asian, millennial, and new urban voters who are more in tune with the values and issues of the Democratic Party than with the crazy extremists who hold power in Texas today. So if we can pump up the raw numbers among our solid base of Democratic voters (who can be easily identified after the 2016 presidential election), these are the percentages we need to reach in 2018:

Hispanics — 65 percent
African Americans — 95 percent
Anglos — 35 percent

This is not big news to anyone who studies Texas politics. The larger issue is how to do it. That’s always the rub — not what, but how. Here are ten ways to begin.

Read the whole thing, or buy the book if you really want to dig in. There’s nothing she says in the linked piece that I disagree with – I don’t think anyone would disagree with much of it. How to accomplish some of the things she describes will be easier to discuss than to do, and I’m sure there will be plenty of disagreement about who The Right Leader is/will be, but as a roadmap you could do far worse, and we have to start somewhere. So let’s agree that this is as good a place as any and go from there.

It’s that target of getting 35% of the white vote that is both enticing and elusive that I want to focus on. There will come a day when the non-Anglo portion of the electorate is big enough that we won’t need to worry as much about that number, but that day is not today. Rogers’ implicit distribution of the electorate is 62% Anglo, 26% Hispanic, and 12% African-American; do the math, and her targets above get you to exactly 50% of the vote. You can actually get away with a bit less than that, given the presence of third party candidates, but let’s run with that for now. This is a reasonable if an eensy bit optimistic view of the actual electorate. Looking back at a couple of 2014 polls, YouGov weighted their sample to be 65% Anglo, 19% Hispanic, 12% Af-Am, and 4% “other”, which Lord knows what that actually is. The UT/Trib sample was 63% Anglo, 18% Hispanic, 13% Af-Am, 1% Asian, and 2% multi-racial. Like I said, a bit optimistic but not out of the ballpark, and Dems are going to need to improve their base turnout anyway to be in the orbit of a winning scenario, so this is good enough for our purposes.

So how do we get to 35% of the Anglo vote? That’s the jackpot question. The good news is that there are likely to be multiple paths to this, and all of the things Rogers suggests ought to help a little. The bad news is that no two people are likely to agree on what should be prioritized to get there. Infrastructure, education, the war on women, economic populism, all of the above and then some – who knows? That’s above my pay grade. To some extent, none of it may matter much if the Texas economy is in the dumps in 2018 and enough voters decide to take out their frustrations on the people in charge. That’s a bigger factor in national elections than anyone wants to admit, so why not in a Governor’s race? If we have the right candidate, I feel confident we’ll have the right message.

We’ve got a Presidential election to get through first, and while no one expects Texas to be in play this year, some kind of improvement over 2012 would be nice. Rogers talks about how Hillary Clinton or Bernie Sanders might improve on President Obama’s performance with white voters. I can see that happening at the margins, but not more than a point or two, and I suspect anyone like that is probably not a solid D voter downballot, so I wouldn’t worry too much about it. To whatever extent Clinton or Sanders can persuade a Romney/McCain voter to abandon ship, I’ll leave that to them. The real potential for gain in 2016 is increased turnout. As I’ve noted before, the GOP has plateaued at about 4.5 million Presidential year voters. Dems had a big jump from 2004 to 2008, then slid back from 3.5 million to 3.3 million in 2012. I’m not going to speculate how the Presidential race might affect things in Texas this year, but there’s room for growth just based on the natural increase in total voters:

Year   Voting age pop   Reg voters  Pct reg
2008       17,735,442   13,575,062   76.54%
2012       18,279,737   13,646,226   74.65%
2015       19,110,272   13,988,920   73.20%

We’ll get new numbers for 2016 after the primary, but they’re unlikely to be that much different so we’ll stick with the 2015 figures. In 2008, turnout was 8,077,795, or 59.50%, while in 2012 turnout was 7,993,851, or 58.58%. Surely we can do better than that, but let’s aim modestly for now. If turnout in 2016 is at 2008 levels, then 8,323,407 people will vote. (If it’s at 2012 levels, that number will be 8,194,709.) Let’s further assume that the Republican total is what it was in 2012, which is to say 4,569,843 voters. If so, then there will be 3,753,564 other voters, which is 45.1%. Some number of those people would be voting Libertarian or Green, but my point here is to give us something to strive for. Can we get to 3.7 million Dem voters this year? How about 3.8 million? That’s not even 10% growth from 2008, and it’s a long way from a win, but it would be a big step forward, and could get the Republican margin of victory under ten points. I don’t know about you, but I think that might change the narrative a bit and give us a boost going into 2018.

I realize I’m indulging in a bit of fantasy here. There’s no reason why any of this has to happen, but by the same token there’s no reason why any of it can’t happen. The original purpose of Battleground Texas was to build Democratic turnout in Presidential years. Whether they’re still working on this or not, some of that task should be reasonably easy based on population growth. I’d like to think the Presidential campaign will at least offer a little help – leaving their paid staffers in place after the primary would be a start, and more than we got in 2008. I hope someone is thinking about this.

Another legal bill for Texas

That’s what happens when you lose.

Sen. Wendy Davis

Wendy Davis

The U.S. Supreme Court has decided to let stand a ruling that awarded more than $1.1 million to lawyers who represented former Democratic state Sen. Wendy Davis and several minority-rights groups in a case challenging Texas’ redistricting plans.

The justices this week refused to review the state’s appeal of legal fees granted to opponents of a lawsuit Texas filed seeking federal approval of political maps drawn by the Republican-led Legislature in 2011.

The decision is a blow to Attorney General Ken Paxton and former attorney general Greg Abbott. Combined, the two led the state’s fight against paying the lawyers since it was ordered by a federal judge in Washington, D.C., more than a year and a half ago.

A group of Hispanic voters that sued the state, known as the “Gonzales intervenors,” are due nearly $600,000, according to a court order from June 2014.

Another group led by Davis, a former gubernatorial candidate, and U.S. Rep. Marc Veasey, both Fort Worth Democrats, was awarded $466,680. The Texas State Conference of NAACP Branches was granted $32,374, according to the court.

Lawyers in the case said the final figure owed by the state will climb once fees for the appeal process and Supreme Court briefings are tallied.

Renea Hicks, an Austin attorney who represented the Gonzalez intervenors, said the state aggressively fought against the legal-fee award.

“It’s the end of the rope,” he said. “No place to turn, except to the checkbook.”

Sorry fellas. You lost, fair and square, so now pay up. Now if we can only get a ruling from the lower court on what the maps should be, we might just be able to wrap this up before we have to start drawing new maps for the next Census.

Two abortion stories

The amicus briefs are being filed in the HB2 case.

The Obama administration on Monday urged the U.S. Supreme Court to strike down a Texas abortion law that has shuttered nearly half the clinics in the state, saying the Republican-backed regulations would harm rather than protect women’s health.


If allowed to take full effect, U.S. Solicitor General Donald Verrilli wrote, the law would close many more of the state’s clinics and force hundreds of thousands of Texas women to travel great distances if they seek to terminate pregnancies.

“Those requirements are unnecessary to protect – indeed, would harm – women’s health, and they would result in closure of three quarters of the abortion clinics in the state,” Verrilli wrote.


The Obama administration did not fully embrace the clinic challengers’ position, however.

The clinics that sued Texas, represented by the New York-based Center for Reproductive Rights (CRR), say judges trying to determine whether a regulation unconstitutionally burdens a woman’s right to abortion should look at legislators’ purpose or motives.

In this case, CRR lawyers said, the state’s assertions of health concerns “are nothing more than a pretext for restricting access to abortion.”

Administration lawyers emphasized a judicial review tied to the effects of a law. That more nuanced stance might have been crafted to appeal to pivotal justice Anthony Kennedy, who in past cases has backed a fundamental right to abortion but has broken from his abortion-rights colleagues to endorse certain regulations.

Obama administration lawyers said the law’s requirements that clinics have hospital-grade facilities and clinic doctors obtain admitting privileges at a local hospital were unnecessary because abortions provided in Texas are safe and have produced a low rate of complications.

The hearing will take place on March 2. As the Trib reports, there have been 45 briefs filed so far in opposition to HB2. Many of them are aimed at Justice Anthony Kennedy since he is our supreme lord and master seen as the lone swing vote on this issue. That Presidential election later this year is looking pretty big, huh? The Chron, Think Progress, Daily Kos, and Newsdesk have more.

Of course, even a favorable outcome in this case won’t make abortion that much more accessible in Texas. The 2015 Legislature continued its assault on reproductive freedom, and as usual those who have the least ability to cope will bear the brunt of it.

Minors needing an abortion in Texas without parental consent have a new web of rules to navigate in 2016.

The Texas Supreme Court issued the rules in late December to implementHB 3994, the state’s newly passed judicial bypass law that governs the process for abused and neglected minors to obtain court approval to consent to an abortion.

The rules took effect January 1, imposing extensive restrictions for those minors seeking a judicial bypass for an abortion. Advocates claim such restrictions are unconstitutional.

“Judicial bypass protects vulnerable pregnant teens who cannot find or safely turn to a parent,” Tina Hester, executive director of Jane’s Due Process, a nonprofit advocacy organization serving minors in need of reproductive health care, said in a statement following the release of the rules. “But the legislature and Governor Abbott decided to go after abused and neglected pregnant teens by amending this law.”

One of the most significant changes made to the judicial bypass process by HB 3994 is to remove the enforcement deadlines for the judge to rule on a minor’s request for an abortion. Advocates claim this provision effectively allows a judge to stall out a minor until they can no longer obtain a legal abortion.

“When a minor cannot even get a hearing or a court ruling in time, the state is then making her decision for her,” Susan Hays, legal counsel and a founding mother of Jane’s Due Process, said in a statement. “Such abuse of state power amounts to an ‘absolute veto’ of her decision and is under U.S. Supreme Court precedent unconstitutional.”


The U.S. Supreme Court ruled in the late 1970s that to be constitutional, a judicial bypass process must be anonymous, expeditious, and provide an effective opportunity for a minor to obtain an abortion. The new Texas requirements violate these requirements in a number of ways, advocates claim.

First, HB 3994 extends the time for a judge to rule on a minor’s request for a judicial bypass from two business days to five and declares a case denied if the judge does not rule within those five days. Advocates contend this requirement could have the harmful effect of pushing a minor into a more expensive procedure or past the legal limit for abortion, especially considering long clinic wait times since the passage of HB 2, Texas’ clinic-closure law.

The law requires minors to provide the judge considering the bypass their name, home address, and phone number, therefore erasing patient anonymity and confidentiality. HB 3994 also requires most minors to file their request for a bypass in their home county if its population is more than 10,000, including in cases of rape.

“How heartless for the law to have no exception for a rape survivor fearful of seeing her rapist at the courthouse,” Hays said.

Minors often pursue a judicial bypass for an abortion when parents are abusive, missing, deported, incarcerated, deceased, or drug dependent, according to advocates.

Advocates claim that many Texas courthouses are unwilling to assist minors in applying for bypass. A 2015 Jane’s Due Process survey of more than 80 Texas counties found that 81 percent of counties did not have immediate knowledge of the judicial bypass process and 37 percent of the counties denied entirely a teenager’s ability to file for a bypass.

The refusal rate was 58 percent in counties with fewer than 50,000 people.

See here, here, and here for the background. That’s our Legislature for you. I’ve said it before and I’ll say it again: Nothing will change until some people start losing elections over this stuff. I’m not holding my breath for that, but in the meantime it sure sounds like there will be more litigation in our future. The Trib, the Press, the Observer, the Chron, and Newsdesk have more.

The local minimum wage fight

Not quite on the radar here, but it could be.

After years of failed proposals in the Texas Legislature to raise the minimum wage, organizers and advocates for higher hourly wages are going local.

Leaders in two major Texas cities and two large counties will vote soon on raising minimum wages for public employees and, in some cases, for employees of private companies that contract or receive financial incentives from local governments.

In Austin, a minimum wage hike to $13.03 an hour for full-time employees will be up for consideration in September as part of the city’s proposed budget. San Antonio leaders will consider a minimum wage of $13 an hour next month. Bexar County is also poised to increase its minimum wage to $13 an hour, while El Paso County could vote next month to boost pay for its lowest-paid employees to $10 an hour. Minimum wages in those localities currently range from $9.45 to $11.66 an hour.

Local organizers affiliated with the Industrial Areas Foundation are hopeful all four proposals will be approved, saying they’ve received assurances from city and county officials. But for these advocates, the wins could mean sending a message to state lawmakers who have been unable to garner enough support to raise the minimum wage statewide.

“We just didn’t see anything happening on this in the legislative session. Nothing is going to happen next year … so we decided to work with local public officials in getting something passed,” said Arturo Aguila, the lead organizer for the El Paso Interreligious Sponsoring Organization and Border Interfaith organization. “We thought that might send a message to the state legislators that cities across the state are already taking the initiative to do this.”


State law preempts local governments from setting a city or county-wide minimum wage that could require the private sector to increase wages for the lowest-paid employees, but they can set wage requirements for private-sector contractors that do business with them and for local government employees.

This has left advocates for higher minimum wages to pursue local policies that require private companies that contract or receive financial incentives for local government to follow to same minimum wage standards.

In other words, keep your expectations modest. Texas has no state minimum wage, it enforces the federal $7.25 rate. If that were to go up, a disproportionate number of workers here would benefit; as the story notes, Texas has 5.7 percent of all hourly paid workers earning minimum wage or less, while the national average is 3.9 percent. The prospects of anything changing at the state level are grim or worse; Wendy Davis backed implementing a $10/hour state minimum wage law, but that wasn’t exactly a high profile part of her campaign, and it wouldn’t have gone anywhere in a Republican legislature even if she had won. Local action is the best bet for now, just bear in mind that it can’t affect everyone. Here in Houston, Sylvester Turner spoke in favor of a $15 minimum wage – Adrian Garcia also signed the TOP/SEIU platform to “incentivize living wages”, though there was no specific proposal tied to it – but that position will require some clarity. As the Observer reminds us, “city workers now make at least $12 an hour and are expected to make $13.55 by 2018″. Paying city employees a living wage, and requiring contractors who do business with the city to do the same is a no-brainer. Anything beyond that is a laudable goal with a less-clear path. Getting the discussion started is the first step.

State ordered to pay fees in redistricting litigation

They don’t seem to be interested in doing that, however.


In a scolding tone, a federal appeals court panel in Washington, D.C., ordered the state of Texas on Tuesday to pay more than $1 million in attorneys’ fees in a case challenging district boundaries drawn by the Republican-led Legislature.

First under the direction of then-Texas Attorney General Greg Abbott and now under Attorney General Ken Paxton, the state has been fighting a court order for more than a year to pay the lawyers who battled the state over the issuance of redistricting maps for the Texas House, Texas Senate and U.S. House of Representatives.

A spokeswoman for Paxton, Cynthia Meyer, didn’t specify the state’s next steps. In an email, she said only: “This decision is disappointing for the state of Texas.”

A group of Hispanic Texans suing the state known as the “Gonzales intervenors” expects to take nearly $600,000 of the $1 million-plus in ordered fees from the state. A group that was led by former state Sen. Wendy Davis and U.S. Rep. Marc Veasey, both Fort Worth Democrats, should be awarded $466,680, and the Texas State Conference of NAACP Branches is owned $32,374, according to the court. The groups argued that boundaries were drawn to dilute the voting power of Hispanics and African-Americans.

Attorney Chad Dunn, a lawyer for the Davis group, said that he and other lawyers have repeatedly asked the attorney general’s office to pay the fees — only to be stonewalled, even in the face of a court order, issued in June 2014.

“If you or I or anybody else had done that, we would lose,” Dunn said. “What the D.C. Circuit has made clear is that Texas has to follow the same rules as any other litigant.”

Judge Patricia Millett of the U.S. Court of Appeals for the District of Columbia Circuit admonished the state for its refusal to file the proper documents, and the court seemed to chide the state’s lawyers for filing an incomplete advisory.

By not following the rules, Texas has limited its options, the court said.

“(T)he district court held that Texas had conceded virtually all of the issues relevant to the motions for attorneys’ fees by deliberately choosing not to address them,” the court said. “Rejecting Texas’ cursory ‘Advisory’ argument, the district court granted the motions and awarded fees.”


The appeals court opinion comes a year after U.S. District Judge Rosemary Collyer’s order that criticized lawyers in Abbott’s office for submitting a legal brief that devoted more effort to complaining than answering the legal issues in the fight over lawyer fees.

“This matter presents a case study in how not to respond to a motion for attorney fees and costs,” Collyer, appointed by former President George W. Bush, said in the June 2014 order.

A spokeswoman for Abbott said at the time that Texas shouldn’t be made to pay other parties’ legal fees in a case the state considers that it won.

I guess that’s one way to get out of an order you don’t like. Just declare yourself the actual winner of the case, and thus not subject to any orders about attorneys’ fees. SCOTUSBlog has a succinct explanation of why Texas’ position was erroneous, at the end of a much longer discussion of overall case:

In June 2014, U.S. District Judge Rosemary M. Collyer in Washington ruled that the three groups of challengers were entitled to recover their attorney fees expenses from Texas. The filing by the state’s lawyers, the judge wrote, “fails to recognize that the limited holding of Shelby County did not resolve the issues here.”

It was not the court’s duty, the judge added, to ask Texas to come up with some reasons to oppose the attorney fee requested. “Texas has had every chance to oppose the fees and costs that the applicants seek,” she added, but “it instead opted to file a three-page advisory that ignored every argument of applicants except the applicability of Shelby County.”

Under local court rules, the judge found, Texas had forfeited its right to oppose the fee award because of its failure to make an argument against it. Finding the voters and officeholders to have prevailed, she awarded one group $597,715.60 in fee recovery, another group $466,680.36, and the third $32,374.05 — for a total just under $1.1 million. Those amounts, the judge ruled, were reasonable.

At Texas’s request, Judge Collyer put her order on hold so that the state could appeal.

That appeal ended on Tuesday, with the D.C. Circuit upholding the fee awards, concluding that the Supreme Court’s June 2013 order did not settle the Texas redistricting case and did not resolve who would be the “prevailing party” in that case.

The Justices’ order, the panel said, was like many others in similar cases. All that the Court meant by that action, the decision added, was that there had been intervening developments that might suggest a need for the lower court to reconsider. This was not a ruling on the redistricting dispute, according to the panel, and it added: “It certainly did not declare Texas the victor.”

So there you go. As far as getting the state to quit making stuff up and pay its bills, I have an idea for how to get Ken Paxton’s attention, if it pleases the court: Just threaten to hold him in contempt of court. Recent history suggests that he will move quickly to comply with whatever you order, whatever it takes to stay out of the pokey. Just a suggestion, no pressure or anything.

Abbott would like to restore the uninsured rate

It’s what he does.

It's constitutional - deal with it

It’s constitutional – deal with it

Greg Abbott on Monday urged his fellow Republicans not to “rescue” President Barack Obama’s signature health care law if it is torpedoed by the U.S. Supreme Court, an unusually public stance that could make the first-term Texas governor a leading voice on a national issue dividing the GOP.

Abbott’s position, announced in an opinion article published on the conservative National Review magazine’s website ahead of an expected high court decision, puts him in a group, including U.S. Sen. Ted Cruz, that hopes a ruling against the Affordable Care Act’s subsidies to help poor residents buy health insurance ultimately would undo the entire law. Others, including U.S. Sen. John Cornyn and former Texas Gov. Rick Perry, say the government should patch the problem by replacing the subsidies for the nearly 1 million Texans and 5 million other Americans now receiving them, at least temporarily and with some changes to the law.

Abbott’s piece also suggested what he intends to do if the justices throw out the subsidies and Congress fails to replace them: nothing.

“Now is not the time to throw Obamacare a lifeline,” Abbott wrote, “it is time to sound its death knell.”

Now is apparently the time to make sure that everyone who didn’t have insurance before the passage of the Affordable Care Act goes back to not having insurance if the Supreme Court strikes down the subsidies. Because that’s how we keep score in this state. Abbott’s article was typically full of the usual lies and distortions about Obamacare, which the Chron story to its credit points out. It also includes the same warmed-over Republican proposals for increasing health care access that Abbott would totally push for if only his party had any control in Texas. Oh, wait.

This is usually the place where liberal/Democratic types like me bemoan low turnout and lost opportunities and the like. I am instead going to point out that groups like the Texas Association of Business and the Texas Medical Association, both of which support the full implementation of Obamacare via Medicaid expansion and also supported Greg Abbott’s gubernatorial campaign, have a role in this as well. Yes, yes, I know – Wendy Davis was a lousy candidate, the Democratic Party in this state is feckless and impotent, there’s no point for these groups in supporting someone who can’t win, blah blah blah. These things may be true, but they’re also self-fulfilling. TAB and TMA supported Abbott for their own reasons – tax cuts and tort “reform”, to be specific – but there are plenty of other things they support that they aren’t ever going to get from him or his partymates. At some point they need to decide when doing the same thing and hoping for a different result starts to become more crazy than it’s worth to them.

UPDATE: Sorry (not sorry), Greg.

What’s next for Wendy Davis

Back to issues advocacy, which in this case is a fine thing.

Sen. Wendy Davis

Sen. Wendy Davis

Wendy Davis, whose fight against tighter abortion restrictions catapulted her into the national spotlight and an ill-fated race for governor, said Monday she is planning a national initiative on gender equality.

“My hope is to supplement the work of organizations that are striving to create equal opportunities for women,” Davis said via text. She confirmed she is “fine tuning details” of an initiative aimed at “fostering positive momentum toward the gender equality movement,” but said it was too early to talk specifics.

Davis has given speeches at venues such as Princeton University and the University of California in Berkeley since her campaign ended and is set Tuesday to give a speech sponsored by the John Ben Shepperd Public Leadership Institute at the University of Texas of the Permian Basin in Midland. The Odessa American, in previewing that West Texas speech, first reported that Davis was creating an initiative to advance gender equality nationally.

“I hope to garner a cohesive force of women who can advance gender equality in a myriad of ways, whether it’s pay equity, (or) access to reproductive rights, and pull together women from all walks of life, all generations, all races, to use our power at the ballot box and elsewhere to drive change,” Davis told the newspaper. “There are too many women right now who are staying out of the conversation, and if we joined it collectively, we could drive the conversation.”

The rest of the story is about various talking heads’ opinions of Wendy Davis, a subject in which I have no interest. I think we’re still a little too close to last November to talk about any of that in a reasoned fashion, so let’s just skip it. What she’s doing here is good work and I’m glad she’s doing it. Lord knows, there are far less dignified things that former legislators wind up doing. Let’s just leave it at that for now.

Rural hospitals

If this story was meant to evoke my sympathy, I’m afraid it failed.

It's constitutional - deal with it

It’s constitutional – deal with it

Since the hospital closed in Paducah, a town 30 miles to the north, patients in Guthrie have 60 long miles to travel to Childress for care. It’s a feeling of isolation that has crept up on other rural corners of the state following a spate of 10 hospital closures in the past two years. And financial data collected by the state and federal government shows revenue is falling for other rural hospitals, suggesting more may be on the brink.

Policymakers, operating on tight budgets, must decide whether they are willing to spend more money on small hospitals serving a limited number of patients, hospitals that in most cases could not keep their doors open without government assistance. But without them, people, inevitably, will die.

“We’ve all seen the crash that’s coming in the next five years,” said Kell Mercer, an Austin-based lawyer who has worked on hospital bankruptcy cases. “The Legislature’s more interested in cutting revenue and cutting services than providing the basic services for these rural communities. This is a perfect storm of events that’s going to hit the state, hard.”

Texas’ rural hospitals have long struggled to stay afloat, but new threats to their survival have mounted in recent years. Undelivered promises of federal health reform, payment cuts by both government programs and private insurers, falling patient volumes and a declining rural population overall have been tough on business — a phenomenon one health care executive called “death by a thousand paper cuts.” Add to that Texas’ distinction as the state with the highest percentage of people without health insurance and you get a financially hostile landscape for rural hospital operators.

“Hospital operating margins, and this is probably true of the big guys and the small guys, too, are very small, if not negative,” said John Henderson, chief executive of the Childress Regional Medical Center. “In a way, Texas rural hospitals are kind of in a worst-case scenario situation, because we lead the nation in uninsured, and we took Medicare cuts hoping that we could cover more people.”


The sum of all these changes has people like Don McBeath, who lobbies for rural hospitals, warning of a repeat of the widespread hospital closures Texas experienced three decades ago. In 1983, the federal government restructured the way Medicare made payments to hospitals, meant to reward efficient care. Those changes proved untenable for small hospitals with low patient volume, heralding decades of closures that claimed more than 200 small Texas hospitals as casualties, McBeath said.

Some counties can afford to raise taxes to keep their hospitals open; others cannot, or find that raising taxes is politically impossible.

And when a small county hospital closes, often the hospital in the next county over must shoulder a bigger burden of uninsured patients. Even patients with insurance face higher deductibles and often can’t pay their bills.

“When it closes, you’re forced to make other decisions, other plans,” said Becky Wilbanks, a judge in East Texas’ Cass County, which saw a hospital closure last year. “That’s an economic hit that we took.”

Rural hospitals are often one of the biggest and highest-paying employers in a community, Wilbanks said.

And when they close, it can have a domino effect on other local businesses, said Hall County Judge Ray Powell. When his county’s hospital closed in 2002, it prompted the local farm equipment dealership to close its doors and move to Childress.

“It was a big loss,” he said. “It was devastating.”

Across Texas, rural counties are seeing their populations dwindle. King County, home to Guthrie, is one of Texas’ 46 rural counties that are projected to lose population over the next four decades — at a time when the rest of the state’s population is expected to double.

Maybe I’m just a jerk, but my first reaction to stories like this is to check the most recent election results in the counties named.

In Cass County, Greg Abbott got 74.64% of the vote.
In Hall County, Greg Abbott got 85.09% of the vote.
In King County, Greg Abbott got 96.77% of the vote. Ninety-three people voted in total, and 90 of them went for Abbott.

In other words, the voters in these counties have gotten what they voted for. Perhaps someone should point that out to them if and when more of these rural hospitals close.

This isn’t entirely fair. Declining population in these counties is nobody’s fault. A change in Medicare payments in 2002 caused a lot of upheaval. But the problems they’re facing now are entirely the result of Republican intransigence on Obamacare and hostility to Medicaid. It’s abundantly clear by now that Medicaid expansion has been a boon for the states that have done it, while states like Texas are feeling the downside good and hard. If you want to blame Wendy Davis for not adequately communicating the issue to these voters, you have to equally blame Greg Abbott for continually lying about the need for “freedom” from the “tyranny” of Obamacare. Elections have consequences. This is one of them.

Not looking good for medical marijuana

From Trail Blazers:

Rep. Marisa Marquez

A key lawmaker suggested Tuesday that a bill legalizing marijuana for medical use is probably “dead,” but the sponsor said she’s not discouraged by the “premature” pushback.

The bill has not yet been referred to a committee, where it could be debated and voted on, but similar proposals have been referred to the House Public Health committee now headed by Rep. Myra Crownover, R-Denton.

Lt. Gov. Dan Patrick has said he opposes medical marijuana legalization, and Crownover told The News Tuesday “I think it’s dead in the House, also.”


The bill’s author Rep. Marisa Márquez, D-El Paso, called Crownover’s assessment “premature.”

“I believe that there are a lot of members out there that believe that this is worthy to look at and to discuss,” Márquez said. “I’m not discouraged by any means.”


There’s a chance the bill could also end up in the House State Affairs committee chaired by Rep. Byron Cook, R-Corsicana. Cook said he thought the proposal was “ahead of its time,” but worth a discussion.

“What I traditionally like to do is hear all the different folks come in and testify on a bill because sometimes that reinforces where you are, and sometimes it causes you to change your mind because you are forced to think about things a little more broadly than you would have otherwise,” Cook said.

“We should always have conversation about things,” Cook said. “That’s what we’re here for.”

The bill in question is HB 3785; it and a companion bill in the Senate by Sen. Jose Rodriguez were filed at the deadline. Here’s an Observer story with more details about Rep. Marquez’s bill. It’s not the only medical marijuana bill, and it’s far from the only bill that would in some way loosen or reform marijuana laws, but it does appear to be outside the limits of what will get serious attention. This is going to have to be an actual election issue – a winning election issue, since Wendy Davis supported medical marijuana – before any real progress gets made.

Trying again with online voter registration

My State Rep., Carol Alvarado, would like for you to be able to register to vote online.

Rep. Carol Alvarado

Rep. Carol Alvarado

Can I just state the obvious? Why can’t we register to vote online?

I manage my banking online, I do my taxes online, I can even buy and sell stock online; so why can’t I register to vote online? A 2014 survey of registered voters in Texas by the Pew Charitable Trust indicated that 34 percent mistakenly believed that online voter registration was already available. Georgia, Indiana, Arizona and Louisiana are just a few examples of the 20 states that have enacted legislation to modernize the way they register voters by offering an online application to register to vote.

In the social media era, it is hard to wrap my mind around why the movement to modernize the electoral process in Texas is moving at a snail’s pace. Which is why I have filed HB 953 this session to bring Texas into the modern era by allowing voters to register online.

Currently, to register to vote, one could find the time in their day to visit certain designated government offices to fill out a paper application. One could also download an application from the website of the Secretary of State, fill it out, print it out, and send your application through the mail. This feature is a step in the right direction but it requires readily available printing and postage. In such a digital world the current process is not only outdated, but inconvenient for the voters of today.

It’s not difficult to see why we had such a dismal 24.99 percent turnout of Texas’ voting age population in the latest mid-term election.


Arizona was one of the first states to transition to online voter registration. Officials in their largest county have reported the cost of a single registration dropped from 83 cents per card to 3 cents per card.

Allow me to put these figures into a Texas perspective. According to the Texas Secretary of State, at the time of the 2014 General Election, just over 14 million Texans were registered to vote. Using the Arizona estimate of 83 cents per card and assuming each registrant used the paper method, that would amount to a total cost of $11,641,116. Using the .03 estimate, that figure would plummet to $420,763.

I may not be a certified accountant, but if I could save the taxpayers over $11 million, I would make every effort to do so and be happy to take the credit.

Here’s HB953, which you will note includes Republican Rep. Patricia Harless as a coauthor. There were two bills that attempted to do the same thing in 2013. The good news is that SB315 from 2013, for which Rep. Alvarado was a sponsor in the House, passed the Senate and made it out of the House Elections Committee, but ran out of time before it could get a vote in the lower chamber. The bad news is that four Senators who voted for it (the bill passed by a 21-10 margin) are no longer there, and two of them (Sens. John Carona and Wendy Davis) were succeeded by people who (to me at least) seem less likely to vote for something like this. I could be wrong, so don’t give up hope. Honestly, I’m not even sure what the argument against doing voter registration online is. You have to think that one of these days we’re going to be voting online, perhaps via our own handheld devices or whatever comes next to replace them. It would be strange if at that time we’re still chained to paper and snail mail or fax machines for registration purposes, wouldn’t it?

BGTX’s self-assessment

Texas Monthly has a good overview of where Battleground Texas stands – and where the people inside it think they stand – two years and one electoral beatdown into their existence.

Still, it’s the winners who write the history books. In the meantime, the losers have some explaining to do. With that in mind, last week I traveled to Austin and spent two days in the company of Battleground Texas’s senior staff: Bird, Brown, Lucio, communications director Erica Sackin, political director Cliff Walker, digital director Christina Gomez, legal director Mimi Marziani, and fundraising director Adrienne Donato. I had interviewed most of them in Battleground’s earlier, happier times. As a species, field organizers tend to be sunny, even gratingly so (where political journalists are uniformly sullen), and that remained in force at their new offices on 1519 E. Cesar Chavez. The disaster in November has not caused them to second-guess the group’s core premise that Texas can one day turn blue. “The fundamental underlying demographics of Texas, people who are unregistered, the number of Democrats who voted in previous elections but not this one—taken together, it’s enough to win,” Jenn Brown told me. The theory that increased turnout in Texas will help its minority party would seem to be confirmed by the ruling party’s determination to make voting in Texas more difficult than elsewhere in America (about which more later).

Nonetheless, I could detect a whiff of humility among the group, albeit one mingled with defiance. In the first two years of its life, Battleground had received about $10 million in donations. Post-defeat, it would now have to get by with a fraction of that sum. It was in that somewhat wounded posture that the group discussed with me those areas where they must improve in order to have any relevance in future election

It’s a good read, and I encourage you to check it out. I came away from it with a fair amount of optimism that the hard-won lessons of 2014 were in fact learned, and future efforts will yield better results. A lot of things went wrong last year, some due to circumstance, some to inexperience, some to too many people who should be working together working instead at cross purposes. I’m glad they’re sticking it out for the longer term. Someone has to, and besides as I’ve said before, there are still plenty of opportunities to get involved this year and make a difference in local elections. Pasadena is one, but it’s far from the only one. There will be plenty of opportunities to make gains at the local level next year as well. BGTX has some work to do to mend fences and prove that they’ve learned from last year’s debacle – as the Trib reported last month, they spent a lot of time going around talking to volunteers and donors and whoever else would listen about those thing. But it’s not all on them. Ben Franklin’s words about hanging together or hanging separately ring as true now as ever. We are all on the same team. We should act like it. Trail Blazers has more.

More pre-K bills filed

The Observer has the best reporting on the latest pre-k bills that have been filed in the Lege.


There’s widespread support around the Capitol for more state spending on pre-kindergarten programs, and much less agreement about how to do it.

State Reps. Eric Johnson (D-Dallas) and Marsha Farney (R-Georgetown) have proposed a $300-million-a-year plan to fund full-day pre-K for some children in districts that agree to meet new quality standards. Meanwhile, state Sen. Judith Zaffirini (D-Laredo) has introduced a more ambitious plan: universal, full-day pre-K for all 4-year-olds in the state.

On the campaign trail last year, Gov. Greg Abbott also proposed more pre-K spending, but more cautiously. Rather than a blanket pre-K expansion, Abbott suggested rewarding districts with $1,500 per student if they meet new standards for program quality.

That’s the plan outlined in House Bill 4, filed [Thursday] by state Rep. Dan Huberty (R-Houston). The bill creates a framework for defining the “high quality prekindergarten programs” eligible for extra state funding, but remains vague on how much each school district would get and how their programs would be evaluated. Under HB 4, those decisions would all be left up to the education commissioner.


David Anthony, CEO of Raise Your Hand Texas and a former superintendent of Cypress-Fairbanks ISD, says HB 4 includes some important elements—encouraging districts to use the state pre-K standards, and rewarding districts for using qualified teachers—but the bill is a missed opportunity if it doesn’t fund full-day learning.

Our research shows students achieve the greatest gains when enrolled in high-quality, full-day pre-K,” Anthony says, with an emphasis on “full-day.” “We have seen first-hand in the research and talking with teachers that they can accomplish so much more in a full-day program than with the half-day.”

See here for more on Raise Your Hand Texas’s research, and here for more on the Johnson/Farney bill. The Zaffirini bill is basically what Wendy Davis proposed, so you can guess what its likely outcome will be. The main problem with Abbott’s approach of course is that the $100 million appropriated in Rep. Huberty’s bill is still less than what was cut in 2011. The Chron story doesn’t mention any of this, though it does give a nice report on that public announcement event Abbott held, since that’s what really matters.

There are more reasons to prefer the full-day pre-k options that Johnson/Farney and Zaffirini are proposing:

“Right now it looks like the governor’s proposal [as written in HB 4] is basically recreating a similar grant program,” [Center for Public Policy Priorities analyst Chandra Villanueva] says. “This program just isn’t going far enough and meeting the needs that we really have.”

Villanueva, like many other early education advocates, says the Legislature should fund any pre-K expansion through the same funding formulas it uses to pay for K-12 education. Grant programs like the one cut in 2011, or the one proposed under HB 4, are much more susceptible to cuts from one session to the next.

Funding pre-K through the formulas, she says, would also help ensure students get more equal funding. HB 4, on the other hand, could reward wealthy districts that already have the money to meet new requirements for, say, class size or teacher qualifications.

“The governor’s bill that’s outside the formulas, it’s really increasing inequity in the system,” Villanueva says. “I think we need a systemic approach to dealing with pre-K, and increase the equity in the system.”

You know what that sounds like to me? A future school finance lawsuit. Good to know some things never change, isn’t it?

On BGTX, Wendy Davis, and the future

This has been a pretty busy Christmas break, as far as blog-worthy news has gone, so in order to preserve the small illusion that I’m taking a breather and recharging my batteries, I’m just going to give three quick thoughts on this Observer postmortem of the 2014 election and Battleground Texas, which you really should read.

1. I can’t tell you how stunned and disillusioned I am to read that their strategy for 2014 was a swing voter/crossover strategy, and not the base-building one that it sure sounded like they were going to do, and which was screamingly obvious we needed. I mean, even the most cursory review of election data for the past few cycles should have made this clear. The only semi-optimistic thing I can say about this is that I hope it proves, once and for all and beyond any semblance of a doubt, that nothing else matters in Democratic campaigning until we get our base turnout up. We had a huge leap forward from 2004 to 2008, then regressed a bit in 2012, but at least we made progress in Presidential years. Non-Presidential years have been a flat-lined albatross since 2002. I thought BGTX had figured this ridiculously easy insight out and was working on a plan to combat it. I can only hope they’ve figured it out now.

2. Much of the story is about friction between BGTX and the local and state Democratic parties and other organizations. I can’t speak to any of that – I get why the folks that were here first felt steamrolled, and I get why BGTX thought they could do things better – but I will say this: The story notes that in Travis County, there was a formal agreement between BGTX and the locals to work together. Well, if there was one honest success story in terms of performance in Texas in 2014, it was in Travis County. Here’s some data I’d collected for a post that I may or may not ever get around to finishing, about off-year turnout patterns in the five biggest urban counties:

County 2002 GOP 2002 Dem 2010 GOP 2010 Dem 2014 GOP 2014 Dem ===================================================================== Harris 330,801 272,032 423,275 334,098 358,425 299,255 Dallas 218,496 198,499 196,103 209,001 179,014 206,546 Bexar 133,733 124,129 161,443 131,397 156,144 134,876 Tarrant 195,384 125,416 208,976 123,200 213,812 138,944 Travis 93,524 110,026 95,431 127,803 91,372 155,335 County 2002 GOP 2002 Dem 2010 GOP 2010 Dem 2014 GOP 2014 Dem ===================================================================== Harris 17.64% 14.50% 22.05% 17.42% 17.53% 14.64% Dallas 18.08% 16.43% 17.13% 18.25% 14.83% 17.11% Bexar 15.14% 14.05% 17.88% 14.55% 16.27% 14.06% Tarrant 22.42% 14.39% 22.30% 13.15% 21.37% 13.89% Travis 17.18% 20.22% 15.80% 21.16% 14.00% 23.81%

The numbers in question are (for the top chart) the average vote totals for judicial candidates (*) in each year and for each party (I skipped 2006 because it was such an atypical down year for Republicans), and (for the bottom chart) the percentage of registered voters that each of those totals represents. As you can see, the only county with consistent growth, in terms of total numbers and share of registered voters, is Travis County. The Dallas County miracle is largely the result of the bottoming out of the Republican vote there; the Dem vote has grown somewhat, but not that much, and it backslid from 2010. Harris and Bexar are stuck in the mud, while Tarrant is still catching up to 2002. Whatever happened elsewhere in the state and with the Wendy Davis campaign, what happened in Travis County worked. We should learn from that.

(*) – These totals are from contested races only, for which there are a limited supply in Travis and Tarrant. I used statewide and circuit appeals court races in those counties in addition to the rare contested local judicial election; in Harris and Dallas I used district court races, and in Bexar I used district and county court races.

3. If I see any indication that BGTX plans to direct Texas volunteer effort and/or contributions to other states in 2016, I’m going to be very seriously pissed off. That’s not what we were promised, it’s not what anyone signed up for, and it’s not what we deserve. I don’t want to ever have to discuss this again.

As far as the story about Wendy Davis contemplating her political future, which I have not gotten around to reading yet but which Campos has, I see no reason why she can’t run again, whether it’s for SD10 in 2018 (she’d have as good a shot at it as anyone) or statewide again. Remember when we were all calling Rick Perry “Governor 39%”? Everyone had forgotten about that by the time 2010 rolled around. The public has a very short memory. As for Davis, if she has learned the lessons that should have been learned before this year, she might be a much stronger candidate next time out. Bottom line, she was a really good State Senator who won two tough races and served her district very well, and she’s only 51. I see no reason why she can’t have a second act.

Abbott and the Latino vote

The Trib drops a number on us.

I guess I need to find a new Abbott avatar

Along with his 20-point margin of victory, Gov.-elect Greg Abbott accomplished something on Election Day that many naysayers doubted the Republican could: He took 44 percent of the Hispanic vote.

For Texas conservatives, Abbott’s performance indicated that Republicans are making headway among this increasingly crucial voting bloc, which tends to lean Democratic. But upon taking office, Abbott will find himself in turbulent political waters.


But election results show that despite Republican outreach efforts, Abbott does not have a strong hold on areas of the state where most of the population is Hispanic, particularly the border counties Abbott repeatedly visited during his campaign.

In Cameron County, which Abbott had set out to win, he garnered 42 percent of the vote while Davis took 55 percent. He fared worse in Hidalgo County, with only 35 percent of the vote to Davis’s 63 percent.

The results could prove troublesome for a party looking to hone its outreach efforts as the state’s Hispanic population swells. Although they make up less than a third of eligible voters in the state, Hispanics are expected to make up a plurality of Texas’ population by 2020.

Abbott outpaced his predecessors in winning support among Hispanics, but navigating the crosscurrents of appealing to a far-right base and conservative Hispanics continues to prove difficult for Republicans when it comes to immigration.

The article is about how Abbott is going to try to balance his madrina-friendly image with the ugly xenophobia of his party. I’m not going to prognosticate about that – lots of people have been opining about what the Abbott-Dan Patrick dynamic is going to be like – but I am going to focus on those numbers. I presume that 44% figure comes from the exit polls we were promised. I know they were done and I’m aware of some complaints about their methodology, but I’ve seen basically no reporting or other analysis on them. Be that as it may, I’m going to do three things: Check the actual results to see if they line up with the 44% figure given, compare Abbott to Rick Perry in 2010, and I’ll hold the third one back till I’m ready to show you the numbers.

Comparing Latino voting performances is always a bit dicey, since the best we can do at this level is use county and State Rep district data, which is a reasonable enough rough approximation, but which can be distorted by the presence of non-Latino voters, especially if Latino turnout is lower than expected. But it’s what we’ve got, and we can at least draw some broad conclusions. A full comparison to Rick Perry in 2010 won’t be possible until all the legislative district data is published by the TLC in early 2015, but we’ll use what we do have. Here’s a look at county comparisons:

County Perry Abbott White Davis ========================================== Cameron 40.82% 42.01% 57.30% 55.46% El Paso 36.76% 37.25% 61.29% 60.32% Hidalgo 31.75% 34.79% 66.82% 62.70% Maverick 26.83% 26.27% 71.86% 70.27% Webb 22.92% 28.86% 75.60% 68.03%

So yes, Abbott did improve on Rick Perry, but not by that much. In Cameron County, which as the Trib story notes Abbott was claiming he wanted to win, he beat Perry by a bit more than one point. He did do three points better in Hidalgo and six points better in Webb, but only a half point better in El Paso and a half point worse in Maverick. Again, this is incomplete data – the State Rep district data will tell a better story – but if Rick Perry was scoring in the low thirties in 2010, it’s hard for me to say that Abbott did any better than the mid-to-upper thirties. It’s an improvement, and he gets credit for it, but I don’t see how you get to 44% from there.

I do have State Rep district data for Harris County, so let’s take a look at that:

Dist Perry Abbott White Davis Dewhurst LCT ============================================================ HD140 27.9% 32.2% 70.7% 66.3% 31.6% 65.9% HD143 29.6% 35.0% 68.9% 63.7% 33.4% 63.9% HD144 45.2% 51.7% 52.7% 46.3% 50.8% 46.0% HD145 36.3% 40.8% 62.0% 57.2% 41.6% 54.8% HD148 36.3% 39.1% 61.6% 58.7% 45.0% 50.8%

The caveat here is that the Hispanic Citizen Voting Age Populations (Hispanic CVAPs) are lower in these districts than in many other Latino districts. HD140 is the most Latino, at 60.6%; by comparison, the lowest CVAP in the six El Paso districts is 59.4%, with the other five all being greater than 70% and three of the six topping 80%. Be that as it may, Abbott clearly beat Perry here, by four to six points. That also comes with an asterisk, however, since as we know Bill White outperformed the rest of the Democratic ticket on his home turf by about six points. I included the David Dewhurst/Linda Chavez-Thompson numbers as well here to serve as a further point of comparison. Add it all up, and Abbott got 39.6% of the vote in Latino State Rep districts in Harris County. That’s impressive and a number Democrats will have to reckon with, but it’s still a pretty good distance from 44%.

I’ll revisit this question later, once the TLC has put out its data. In the meantime, there’s one more dimension to consider: How well Greg Abbott did in 2010 versus how well he did in 2014:

County Abb 10 Abb 14 ========================== Cameron 48.21% 42.01% El Paso 42.43% 37.25% Hidalgo 37.72% 34.79% Maverick 26.31% 26.27% Webb 29.12% 28.86% Dist Abb 10 Abb 14 ========================== HD140 35.1% 32.2% HD143 37.2% 35.0% HD144 54.0% 51.7% HD145 46.4% 40.8% HD148 48.6% 39.1%

Now of course this isn’t a real apples-to-apples comparison. Abbott was running for Attorney General in 2010 against a candidate who had no money and a self-described “funny name”. That’s a formula for him to do better. Of course, one could say that voters in these places liked him more when he had a lower profile. The more they heard about him, the less likely they were to vote for him. Make of that what you will.

A look at how Democratic legislative challengers did against the spread

It’s been long enough since the election that I feel like I can go back and look at some numbers. Not a whole lot of good out there, but we’ll try to learn what we can. To start off, here are all of the Democratic non-incumbent candidates for the State House and a comparison of their vote total and percentage to those of Bill White and Linda Chavez-Thompson from 2010:

Dist Candidate Votes White LCT Cand% White% LCT% ============================================================ 014 Metscher 6,353 9,980 7,540 28.5 36.3 27.8 016 Hayles 4,744 8,490 5,995 13.6 22.5 15.9 017 Banks 12,437 17,249 12,852 35.4 43.3 32.8 020 Wyman 10,871 15,512 11,232 22.7 31.4 22.9 021 Bruney 9,736 13,174 10,499 25.6 31.3 25.3 023 Criss 14,716 19,224 15,866 45.4 50.1 41.8 026 Paaso 11,074 16,104 12,290 30.3 37.0 28.4 043 Gonzalez 10,847 14,049 12,635 38.6 45.8 41.7 044 Bohmfalk 9,796 13,369 9,847 24.3 32.1 23.7 052 Osborn 12,433 12,896 10,539 38.5 39.4 32.4 058 Kauffman 6,530 10,672 6,913 19.5 29.0 18.9 061 Britt 7,451 10,103 6,725 17.0 23.4 15.6 063 Moran 9,016 10,797 8,107 22.7 27.4 20.6 064 Lyons 12,578 12,238 9,722 33.8 38.0 30.3 065 Mendoza 10,419 10,926 8,921 35.7 37.3 30.5 083 Tarbox 6,218 9,664 6,250 18.7 25.9 16.8 084 Tishler 6,336 9,444 6,969 27.3 33.7 24.9 085 Drabek 9,628 14,460 10,758 33.4 44.8 33.6 087 Bosquez 3,656 6,945 4,736 15.6 25.4 17.4 089 Karmally 11,105 11,192 8,925 28.4 31.7 25.4 091 Ragan 9,346 10,214 8,039 28.2 32.2 25.4 092 Penney 12,553 12,374 10,020 36.4 35.7 29.0 094 Ballweg 16,461 14,852 12,247 40.5 37.1 30.7 102 Clayton 12,234 15,709 12,110 37.5 44.1 34.3 105 Motley 10,469 11,766 9,793 42.7 43.8 36.7 106 Osterholt 9,586 9,112 7,212 27.5 30.1 23.8 107 Donovan 13,803 14,878 11,936 45.0 46.3 37.5 108 Bailey 16,170 17,401 12,859 39.3 42.0 31.3 113 Whitley 12,044 13,483 11,575 40.6 44.8 38.7 115 Stafford 11,761 12,428 9,955 39.5 39.8 32.0 129 Gay 12,519 17,441 12,896 32.2 37.5 28.0 132 Lopez 10,504 12,016 9,677 33.8 37.9 30.8 133 Nicol 11,728 19,800 12,595 25.4 35.7 22.9 134 Ruff 20,312 31,553 21,380 38.8 51.0 35.1 135 Abbas 10,162 13,971 11,005 34.1 39.6 31.4 136 Bucy 15,800 14,742 12,031 41.1 39.7 32.6 138 Vernon 8,747 12,918 9,878 33.2 40.5 31.2 150 Perez 10,317 13,086 9,829 26.8 31.0 23.4

The most encouraging numbers come from Williamson and Tarrant Counties. I discussed the race in HD94 before the election, where the combination of Wendy Davis’ presence on the ballot plus the outsized wingnuttery of Republican candidate Tony Tinderholt helped boost the performance of Democratic challenger Cole Ballweg. Tina Penney, running in HD92 against freshman Jonathan Stickland, also benefited. We’ll want to see what the full comparisons for this year look like, but Tarrant Dems ought to look to those two districts for a place to try to make further gains in 2016.

Nearby in Denton County, Emy Lyons in HD64 and Lisa Osterholt in HD106 both exceeded Bill White’s vote total, though not his percentage. I don’t know offhand where those districts are relative to the city of Denton, but it wouldn’t surprise me if the fracking ban referendum helped them a bit. These results are a reminder of two things – the importance of local issues in engaging voters in off years, and that it’s not enough in places like Denton County to increase vote totals. You have to keep up with the overall population increase as well. Otherwise, you’re falling farther behind even as you move forward. I’ll give Sameena Karmally in Collin County’s HD89 a nod for a decent showing in that tough district as well, with the same caveat about keeping up with the overall growth.

In Williamson, John Bucy’s strong showing in HD136 against freshman Tony Dale should make it a top target for 2016. Bucy nearly equaled President Obama’s 41.2% in HD136 from 2012, so there’s plenty to build on there. Chris Osborn didn’t do too badly in HD52, either. Note that in each district, the Libertarian candidate scored around five points – 5.03% in HD52, and 4.70% in HD136 – so the win number in each of those districts could wind up being less than 48%.

Finally, in Dallas County, the Battleground-backed candidates all fell short, but generally didn’t do too badly, and they continue to offer the best pickup opportunities for continuously Republican-held seats in HDs 105, 107, and 113. An ambitious goal for the Presidential election year would be to win back HDs 117 and 144, and take over 105, 107, 113, and 136. With no statewide race above the level of Railroad Commissioner but Presidential year turnout – if we work at it – to make things more competitive, I see no reason not to view that as a starting point.

That’s not all we should focus on, of course – I agree with Campos that we should put a lot of effort into local race around the state, which in Harris County means finding and funding a challenger to County Commissioner Steve Radack. Frankly, we should be doing that in 2015 as well, in municipal and school board races. Maybe that will help some people understand that we hold elections in the other three years, too, and their participation in those elections is needed and would be appreciated. This is something we all can and should work on.

The Battleground effect in legislative races

So here’s a crazy idea. Rather than judge Battleground Texas by our own beliefs about how things should have gone, what say we take a look at the actual numbers of a few races and see what they tell us? In particular, let’s look at the numbers in the Blue Star Project races, which were legislative elections in which BGTX engaged directly. There was SD10 and eight State House races; I’m going to throw in CD23 as well even though BGTX did not specifically get involved there. I’m going to compare the performance of the Democratic candidates with those of Bill White, since everyone is obsessing about the White numbers even though about 15% of his vote total came from Republicans, and with Lt. Gov. candidate Linda Chavez-Thompson, since I believe her totals are a more accurate reflection of what the base Democratic turnout was in 2010. Here’s what I’ve got:

Dist Candidate Votes Pct White Pct LCT Pct Needed ================================================================== CD23 Gallego 55,436 47.7 55,762 45.6 47,950 40.2 57,902 SD10 Willis 80,806 44.7 76,920 44.6 66,783 38.8 95,485 023 Criss 14,716 45.4 19,224 50.1 15,866 41.8 17,703 043 Gonzalez 10,847 38.6 14,049 45.8 12,635 41.7 17,274 105 Motley 10,469 42.7 11,766 43.8 9,793 36.7 13,588 107 Donovan 13,803 45.0 14,878 46.3 11,936 37.5 16,880 108 Bailey 16,170 39.3 17,401 42.0 12,859 31.3 24,954 113 Whitley 12,044 40.6 13,483 44.8 11,575 38.7 17,639 117 Cortez 11,519 47.3 10,247 48.0 8,829 42.2 12,832 144 Perez 5,854 49.3 8,411 52.7 7,273 46.0 6,010

It’s a mixed bag. The best performances came from Libby Willis in SD10 and Phillip Cortez (one of two incumbents on BGTX’s list) in HD117. Both exceeded White’s totals and far surpassed Chavez-Thompson’s. This is partly a reflection of what happened in Tarrant and Bexar Counties, respectively. In Tarrant, not only did Wendy Davis beat Bill White’s numbers in her backyard, so too did Leticia Van de Putte and Sam Houston, with Mike Collier just behind. White and Van de Putte were the only ones to carry Bexar for the Dems, with VdP being the high scorer, but Davis came close to White’s number and downballot Dems improved by about 20,000 votes. Willis and Cortez both beat the spread, but not by enough.

Gallego, who again was not directly assisted by BGTX, and the four Dallas County candidates all fell short of White but exceeded, in some cases by a lot, Chavez-Thompson. As I said above, I think topping LCT’s totals represents an improvement in base turnout from 2010, and again that’s consistent with what we saw in Dallas overall, as White was the standard-bearer while the top four Dems all surpassed Chavez-Thompson. Gallego did about as well in Bexar as Ciro Rodriguez did in 2010, and there’s no one place where he did worse, though he could have used more turnout in Maverick County.

The other three results are just bad. Turncoat Dem Lozano carried Jim Wells and Kleberg counties even as all the statewide Dems won in Jim Wells and most of them carried Kleberg despite generally losing it in 2010. Davis didn’t win Kleberg, and she scored lower in Jim Wells than several other Dems. That may have been a contributing factor, but on the whole it was fairly marginal. Still, that needs to be understood more fully, and someone needs to come up with a strategy to keep Dems from crossing over for Lozano if we want to make that seat competitive again.

Criss had a tough assignment, as HD23 has been trending away as places like Friendswood have made Galveston County and that district more Republican. Unlike the other two Dem-held State Rep seats that were lost, HD23 isn’t going to flip to “lean Dem” in 2016. Turnout by both parties was down in HD23 from 2010, and it’s probably the case that White was a boost there four years ago. Better turnout could have gotten her closer, but Susan Criss was always going to have to persuade some Rs to support her to win. I will be very interested to see what the Legislative Council report on this one looks like when it comes out.

The loss by Mary Ann Perez was the worst of the bunch, partly because it looked like she was up in early voting and partly because Harris was alone among the five largest counties in not improving Dem turnout. You can ding BGTX or whoever you like as much as you want for the latter, but the candidate herself has to take some responsibility, too. Winning this seat back needs to be a priority in 2016, and making sure it stays won needs to be a bigger priority after that.

So like I said, a mixed bag. The 2010 numbers were pretty brutal overall in these districts, and where there were improvements it was encouraging, and offers hope for 2016. Where there wasn’t improvement was disappointing, and needs to be examined thoroughly to understand what happened. I’d give the project a final grade of C – there’s some promise going forward and some lessons to be learned, but while improvements are nice, results are necessary.

First impressions of the 2014 results

My initial thoughts, for what they are worth.

– Let me begin by saying that for all the criticism I had of the UT/Texas Trib’s polling and the skepticism of Internet-sample methodology, they were fairly accurate in the end. In particular, the last YouGov result just about nailed it. I still think what they do is more alchemy than anything else, and their subsample results often look ridiculous, but however they did it, they got it right and they deserve credit for it.

– I’m sure we’re about to be deluged with critical stories about Battleground Texas and public doubts about their future viability – the Trib and the Observer are already on it – but I have to ask, given the way this election went nationally, why they are more deserving of scorn than anyone else. In particular, how did they do any worse than the DCCC, DSCC, and DGA? The DSCC’s fabled “Bannock Street Project”, which was supposed to save the Senate by increasing Democratic turnout in battleground states, was a spectacular dud. Democratic candidates for Governor lost in such deep red states as Illinois and Maryland. Hell, the chair of the DGA, Vermont Governor Peter Shumlin, who pooped on Wendy Davis’ campaign a few months ago, failed to get a majority of the votes in his own election. BGTX doesn’t have much to brag about today, and I have no doubt they could have done plenty of things better. But I know a lot of people – friends of mine – who worked their tails off for BGTX and the Davis campaign, and I will not demean the work they did. If you want to criticize them, go right ahead, but please be specific about your complaints. I’m not going to pay attention to any generalized rants.

– Davis didn’t come close to matching Bill White’s vote total, and no statewide Dem reached 40% of the vote. That’s the harsh truth, and there’s no sugarcoating it. The funny thing is, though, for all the talk about turnout being down, it wasn’t actually Democratic turnout that was down. Here’s a comparison of the vote totals for the Democrats running for the top four offices over the last four non-Presidential cycles:

2002 2006 2010 2014 ======================================================= Governor 1,819,798 1,310,337 2,106,395 1,832,254 Lt Gov 2,082,281 1,617,490 1,719,202 1,810,720 Atty Gen 1,841,359 1,599,069 1,655,859 1,769,943 Comptroller 1,476,976 1,585,362 N/A 1,739,308

Davis didn’t peel crossover votes away from Abbott the way White did from Rick Perry, but beyond that I don’t see a step back. If anything, it’s an inch or two forward, though of course that still leaves a thousand miles to go. Where turnout did decline was on the Republican side. Greg Abbott received about 360,000 fewer votes than he did in 2010. Given the whipping that Republicans were laying on Dems across the country, one might wonder how it is they didn’t do any better than they did here.

One thing I’m seeing, and I’ll have more to say about this tomorrow, is that some people seem to think that because Davis got about 265K fewer votes than Bill White that means that overall Democratic turnout was down by that amount. In a word, this is baloney. White drew the votes of some 300K people that otherwise voted Republican. Their presence in his tally was nice for him, and would have been critical in a different year, but they had nothing to do with Democratic turnout. I am at a loss for why people are making that claim, and why they are overlooking or ignoring the gains in the races just below the Governor’s race, where a coordinated turnout effort would have an effect. Like I said, more about this tomorrow.

– Harris County wasn’t any prettier than the state was, and here in Harris there were declines in the vote totals of both parties. I’ve been looking at the statewide results more closely to see where the gains and losses were, and my initial impression is that the other big counties did move forward in ways Harris did not. The mail program was a success, but it seems clear that it mostly shifted behavior. If there was a net gain, in terms of votes we wouldn’t have had at all without the mail program, it means that in person turnout efforts were that much less successful. If we’re going to be introspective, that’s the place to start.

– All that said, if I’m newly-elected Harris County DA Devon Anderson, I’d take a few minutes to be concerned about the fact that I have to be on the ballot again in 2016. Consider this: By my calculation, the average Republican judicial candidate who had a Democratic opponent received 359,759 votes. The average Dem judicial candidate got 297,311. Anderson received 354,098 while Kim Ogg got 311,094. To put it another way, Ogg got crossover votes, which stands both her and Anderson in contrast to Pat Lykos in 2008 and Mike Anderson in 2012. Frankly, if she’s up for it, I’d tell Kim Ogg to keep running and start fundraising now for 2016. Assuming the patterns from the last two Presidential years hold here, she’d have a real shot at it.

– Along the same lines, of the five legislative seats the Dems lost (three in the House, one each in Congress and the Senate), HDs 117 and 144 should flip back in 2016, and if I were Pete Gallego I’d keep running for CD23 as well. (If he doesn’t want to run any more, allow me to be the first to hop on the Mary González bandwagon.) If Susan Criss can’t win HD23, which had been trending red for some time, I doubt anyone can. As for SD10, it’s not up again till 2018, but for the record, Libby Willis basically hit the Bill White number, which suggests she drew a non-trivial number of crossovers. Someone ought to take another crack at that one next time around but bear in mind this was always going to be a tough hold. I strongly suspect that if Wendy Davis had decided to run for re-election instead that we’d still be mourning her defeat.

– One prize Dems did claim was knocking off longtime Bexar County DA Susan Reed. Republicans claimed a victory over DA Craig Watkins in Dallas, where he was his own worst enemy. I refer you to Grits for more on that.

– Other results of interest: You already know about the Denton fracking ban. The Katy and Lone Star College bond initiatives passed. Austin Council Member Council Member Mike Martinez and attorney Steve Adler are in a runoff for Mayor; other Council race results, the first single member district elections in Austin, are here. And finally, Old Town Tomball repealed its ban on alcohol sales. Pour one out, y’all.

– Finally, a word on the matter of the efficacy of campaign ads, in particular negative ads. Yesterday morning after we dropped off the kids at school, Tiffany mentioned to me that Olivia’s understanding of the Governor’s race was that if Abbott won, there would be more standardized tests, which did not please her. “He wants to test four-year-olds!” she said. “That’s just wack!” I will simply note that at no time this year did I ever discuss the Abbott and Davis pre-k plans with her, and leave it at that.

Two in Tarrant to watch

Tarrant County isn’t often an electoral battleground, but this time it is, at least in two legislative races.

Libby Willis

[HD94 Republican nominee Tony] Tinderholt’s race is one of two legislative contests in Tarrant County where Democrats are pinning their hopes on Republican voters soured by the most conservative elements of their party.

The second is a race to fill the Senate seat left open by Democratic gubernatorial candidate Wendy Davis. There, in a district dominated by Republicans until Davis’ election, Democrat Libby Willis faces Konni Burton, a grassroots activist from Colleyville who touts the rare endorsement of U.S. Sen. Ted Cruz.

Like Tinderholt, who ousted Diane Patrick, an eight-year incumbent, in a primary upset, Burton sailed to GOP victory by questioning the conservative credentials of other Republicans. Now, in the general election, both candidates are under fire from their opponents for positions on abortion, gun rights and illegal immigration that Democrats say are out of sync with mainstream voters.

“I’m looking for those people who just don’t care about the partisan nonsense,” said Cole Ballweg, the Arlington businessman running against Tinderholt. “I’m looking for those people who’re more like me, who say, ‘What is really going to move the needle for my community, for my schools, for my kids?’ And there’s actually a lot of them out there.”


Ballweg acknowledged that it would take a “miracle” for a Democrat to carry Arlington’s staunchly Republican House District 94.

“I understand that so many of these people are still going to vote against me,” Ballweg said. “But you know what, they’re a lot more reasonable than a lot of people give them credit. They don’t want rifles in their streets; they don’t want angry, off-the-rails rhetoric about the border or anything else.”

The contest for the state Senate seat is closer. With advertising buys still rolling in, Willis and Burton have each spent over $1 million getting their message to Tarrant County voters since May, according to Texas Ethics Commission data.

Burton has raked in high-dollar donations from prominent conservative backers, including $100,000 from Midland oil and gas developer Tim Dunn and Texans for Lawsuit Reform, which has spent more than $300,000 on last-minute direct mail and television ads on her behalf.

Willis has received substantial sums from Democratic donors, including Houston trial lawyer Steve Mostyn, who has contributed a combined $850,000 to her campaign through his law firm and Back to Basics, the political action committee he funds. She has also received support from Planned Parenthood, the Democratic organizing group Battleground Texas and Annie’s List, which helps Democratic female candidates run for office.

But in her run for the high-profile swing district, Willis has also made inroads with groups otherwise supporting a slate of primarily Republican candidates, like the Texas Medical Association and the statewide law enforcement association known as CLEAT.

The former teacher and past president of the Fort Worth League of Neighborhood Associations has attempted to draw a sharp contrast with her opponent, billing herself as a coalition builder and Burton as a partisan.

“I have so many Republicans saying, ‘I am not a Tea Party person, I am not extreme, I am just not that far out there.’ And they are voting for me,” Willis said. “A lot of them are voting for a Democrat for the first time in their lives, and they are voting for me.”

I’ve written about the SD10 race before, both as a benchmark of success and an example of what else Battleground Texas is doing. I continue to believe that Libby Willis has at least as good a chance to hold this seat with Wendy Davis running for Governor as Davis would have with a mystery candidate for Governor. Early voting was up in Tarrant County, and one presumes these races as well as the Governor’s race were the driving forces behind that. As for the HD94 race, it would be nice to think that Republicans would be “soured by the most conservative elements of their party”, but one expects that if they were then Tinderholt would have lost in the primary to Rep. Diane Patrick, who had a solid reputation and was on Tom Craddick’s leadership team. I’ll hope for the best here, and I won’t be surprised if Cole Ballweg exceeds the partisan norm, but I’m not expecting more than that.