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Will Hurd

Ortiz Jones requests more time for provisional ballots

She did not succeed, however.

Gina Ortiz Jones

A Bexar County judge denied a request by Democrat Gina Ortiz Jones, who trails incumbent Republican Will Hurd by a few hundred votes in the race for the most competitive congressional district in Texas, to extend by 48 hours the deadline to make official provisional ballots.

Jones, who is vying to represent Texas’ 23rd Congressional District, which spans West Texas from the east side of El Paso to the west side of San Antonio, filed the motion in an effort to close the gap between her and Hurd in one of the most closely watched races in the midterm elections.

A week after Election Day, Jones said Bexar County Elections Administrator Jacquelyn Callanen had not made public the list of provisional voters in the race, making it difficult for voters to ensure their ballots officially counted.

“We’ve had issues in Bexar County providing information that should be a matter of public record,” Jones said in a news conference. “This includes the list of folks that voted via provisional ballot.”

Jones said her campaign won an order from Bexar County Judge Rosie Alvarado on Monday night to force the county’s elections administrator to turn over the list of provisional voters. Tuesday morning, Jones said the county had not done that and her team had filed another complaint in county court to compel the elections administrator to do so. Jones’ team filed an emergency court motion Tuesday asking for a 48-hour extension for the 5 p.m. deadline to make provisional ballots official.

“This is about making sure that every vote is counted,” Jones said.

That motion was denied Tuesday by Bexar County Judge Stephani Walsh, meaning that county election officials will only have to work with the provisional ballots that had been validated by 5 p.m. Tuesday. Military ballots from overseas would be accepted until 7 p.m. The county will continue to tally those votes in the following days.

See here for the background and here for a copy of the motion. I guess we’ll find out provisional votes have been accepted will be added into the count – as noted yesterday, the Bexar County count added a few votes to Ortiz Jones’ total, but not enough to make it look like she had a serious chance of catching up. The race is close enough that there will probably be a recount, but in the end I expect the result as it stands now will be affirmed. The Rivard Report has more.

CD23 update

Today is the last day to cure a provisional ballot. In the meantime, the counting goes on in the closest Texas Congressional race.

Gina Ortiz Jones

Election officials in 29 Texas counties are furiously counting outstanding votes in the Congressional District 23 election, in which Republican Rep. Will Hurd holds a narrow lead with at least 859 ballots outstanding.

Hurd, a two-term incumbent, thought he had a comfortable win Tuesday night, when the Associated Press called the race for him around 11 p.m.

But the contest tightened in the early morning hours Wednesday, and it appeared — for a half-hour — that Democratic challenger Gina Ortiz Jones had pulled off an upset.

Then the lead changed hands again, and the state’s unofficial results showed Hurd winning by 689 votes. Later Wednesday, a tabulation error in Jones’ favor was discovered in Culberson County. Once the error was corrected, Hurd’s margin had increased to 1,150 votes — out of more than 200,000 cast.

[…]

On Friday, Bexar County — which accounts for more than half the votes in the district — updated its tally to reflect 446 ballots counted since election night. Hurd received 183, Jones 253 and Libertarian candidate Ruben Corvalan 10.

Jones gained a net 70 votes, reducing Hurd’s overall margin to 1,080.

Bexar County Elections Administrator Jacque Callanen said there’s been a steady stream of lawyers and campaign workers at the county’s Elections Department asking questions about the uncounted ballots.

“We haven’t seen so many lawyers in here since forever,” she said.

At least 859 ballots are still outstanding, according to county elections officials across the district, but it’s unclear how many will ultimately be included in the final count.

See here for some background. The SOS still shows Hurd with a 1,150 vote lead, but as you can see the Bexar County elections page shows more votes counted, so the SOS page is a bit out of date. Ortiz Jones is pushing for more information about the provisional voters, though Bexar County officials say they’re just following the rules about what can and cannot be disclosed at this time. I still don’t expect there the be enough uncounted votes to make it likely that she could catch up, but we’ll know soon enough.

In the meantime, the HD138 and HD108 races remain in contention, while Gina Calanni’s lead in HD132 has increased to 97 votes. Dallas County Democratic Party Chair Carol Donovan put out a statement yesterday about the HD108 race that included this curious bit:

One of the hold-ups is caused by the Texas Department of Motor Vehicles. Though Texas law allows people to register to vote when renewing their drivers license, the DMV is notorious for sitting on these registrations and failing to turn them in to the election department of the counties in which they operate. Without this documentation, the local election departments are unable to determine if certain provisional ballots should be counted. In Dallas County, it is estimated that approximately 1,000 provisional ballots are being held, pending the documentation from the DMV. This number is significantly higher than the number of votes that separate the candidates in House District 108.

Not really sure what to make of that, but as I said, we should at least get some official numbers by the end of the day today. Stay tuned.

How many recounts might there be?

More than one, is my guess.

Rep. Morgan Meyer

On Wednesday, Dallas state Rep. Morgan Meyer, a Republican, tweeted that he was “honored and grateful” voters had decided to send him back to the Texas Legislature for another term in office.

But his Democratic opponent in the race, Joanna Cattanach, isn’t ready to concede in House District 108, which includes Park Cities, Uptown Dallas, parts of downtown and Old East Dallas.

[…]

In Houston, Republican state Rep. Dwayne Bohac inched ahead of Democratic challenger Adam Milasincic on election night with 137 votes. Milasincic, too, is waiting on all votes to come in.

“I want to see the final numbers before we make any determination one way or another,” Milasincic said, adding that he hadn’t expected the count to draw out this long.

In Houston, Republican state Rep. Dwayne Bohac inched ahead of Democratic challenger Adam Milasincic on election night with 137 votes. Milasincic, too, is waiting on all votes to come in.

“I want to see the final numbers before we make any determination one way or another,” Milasincic said, adding that he hadn’t expected the count to draw out this long.

“I wish it had been over on election night,” he said.

In Collin County, state Rep. Matt Shaheen, R-Plano, with 378 more votes in unofficial returns, declared victory over Democrat Sharon Hirsch.

But Hirsch posted a message on her website noting the close margin and adding that she is “waiting until this process concludes before making any final remarks.”

[…]

State Rep. Mike Schofield, R-Houston, who trailed Democrat Gina Calanni by 49 votes, told his supporters on social media Thursday morning that “Tuesday’s results are not final yet.”

“The Harris County Clerk advises me that there are many votes yet to be counted — more absentee ballots and provisional ballots. We will continue to wait for a final vote count.”

And of course there’s the still-unsettled CD23 race. Meyer leads Cattanach by 440 votes, which is the widest margin of the it-ain’t-over-till-it’s-over State Rep races. I can’t think of an example of a race that was materially affected by overseas and provisional ballots – my impression is that such votes tend to be countable on one’s fingers – but I suppose there has to be a first time at some point. The last successful recount that I can think of was the 2004 Dem primary between Henry Cuellar and Ciro Rodriguez, in which a bunch of ballots were found after Election Day. This is all part of the process and people are entitled to ask for recounts. I just don’t ever expect them to change anything.

The CD23 race isn’t quite over yet

I believe it is highly unlikely that the outcome in CD23 will change from the current close win for Rep. Will Hurd, but we are not done counting the votes just yet.

Gina Ortiz Jones

The Texas congressional race between incumbent Republican Will Hurd and Democratic challenger Gina Ortiz Jones is still too close to call following a dramatic overnight in which Ortiz Jones pulled ahead, Hurd pulled back on top, and news outlets across the nation retracted their projections.

On Wednesday morning in Congressional District 23, the state’s only consistent battleground district, Hurd was leading Ortiz Jones by 689 votes, with all precincts counted.

“This election is not over—every vote matters,” said Noelle Rosellini, a spokesperson for Ortiz Jones. “We won’t stop working until every provisional ballot, absentee ballot, and military or overseas ballot has been counted.”

She did not mention the possibility of a recount, although Ortiz Jones’ campaign is well within the margin to do so in Texas. (According to state law, the difference in votes between the top two finishers must be less than 10 percent of the winner’s total votes — in this case, about 10,000.)

But that did not keep Hurd from declaring victory. “I’m proud to have won another tough reelection in the 23rd Congressional District of Texas,” he said in a statement on Wednesday morning, noting that he would be the only Texas Republican to keep his seat in a district carried by Hillary Clinton in 2016.

[…]

Many news outlets, including The Texas Tribune, called the race for Hurd late on Tuesday evening, with Hurd declaring victory on Twitter and in person to his supporters at a watch party in San Antonio as Ortiz Jones conceded defeat across town.

“While it didn’t shake out the way we would want, we ran a campaign that we are proud of and that really reflected Texas values,” Ortiz Jones said at her campaign headquarters, according to the San Antonio News-Express. Her campaign did not immediately respond to requests for comment.

But as more vote totals kept coming in, she surpassed Hurd by a margin of fewer than 300 votes with all precincts reporting. Early on Wednesday morning, news organizations withdrew their call of the race and Hurd deleted a tweet saying he won.

But vote totals from the last of eight Medina County precincts were inputted incorrectly — they had left out about 4000 votes when first entering totals. The fixed results put Hurd just over Ortiz Jones by a margin of fewer than 700 votes.

See here for some background. The current tally has Hurd up by 1,150 votes now, out of 209,058 votes cast. Apparently, a second county erred in how they initially reported their results, in a way that had inflated Ortiz Jones’ total. Late-arriving mail and provisional ballots still need to be counted, though usually there are not that many of them. I’d like to see a more thorough review of what exactly happened in Medina County, but beyond that I don’t think there’s much joy to be found here.

This race was a bit confounding well before any votes came in. The NYT/Siena College live polls had Hurd up by eight points in September and a whopping fifteen points in October. The NRCC pulled out around the time early voting started, presumably from a feeling of confidence in the race, then a lot of late money poured in, presumably in response to the off-the-charts turnout. I had faith this would be a close race, as it always is, but I had no idea what to make of all this.

In the end, the story of this race appears to come down to found counties. Compare the 2018 results to the 2016 results, in which Hurd defeated Pete Gallego in a rematch by about 3000 votes, and you see this:

– In Bexar County, Ortiz Jones improved on Gallego’s performance by 5000 votes, while Hurd received about 4500 votes less than he did in 2016. In theory, that should have been more than enough to win her the race.

– However, in El Paso, Maverick, and Val Verde counties, Hurd got nearly identical vote totals as he had in 2016, while Ortiz Jones underperformed Gallego by 3000, 2500, and 1200 votes, respectively. That was enough to put Hurd back into positive territory.

There was some float in the other counties, but these four told the main story. Both candidates had slightly lower vote totals than in 2016, and indeed Ortiz Jones got a larger share of the Gallego vote than 2018 Hurd did of 2016 Hurd. It just wasn’t quite enough.

From the “I may have spoken too soon” department

First, Will Hurd was declared the winner in CD23. But there were still a few precincts out, some in deep red Medina County and others in El Paso County. Hurd started the evening with a 6K early vote lead, but Jones cut into it through the night. Then we had this:


CD23

Will Hurd - Incumbent   REP    100,627  48.88%
Gina Ortiz Jones        DEM    100,909  49.02%
Ruben Corvalan          LIB      4,311   2.09%

And it looked like all the precincts had been counted, and Gina Ortiz Jones had pulled it out in the end. But then it turned out there may have been a mistake in the Medina numbers, and the SOS page showed one precinct still out. When the dust cleared, we got this:


CD23

Will Hurd - Incumbent   REP    102,903  49.11%
Gina Ortiz Jones        DEM    102,214  48.78%
Ruben Corvalan          LIB      4,402   2.10%

Harold has the screenshots. One way or the other, I smell a recount.

Which leads to this:


HD132

Mike Schofield (REP)    32,629  49.14%
Gina Calanni   (DEM)    32,678  49.21%
Daniel Arevalo (LIB)     1,097   1.65%

There were only a tiny number of uncounted precincts left in Harris County when I posted that omnibus report, but apparently some of them were in HD132, and they gave Gina Calanni enough support to overcome the 270-vote advantage Mike Schofield had owned. Again, for sure there will be a recount, but if this results now stands, Democrats will have 67 of 150 seats in the State House, for a gain of twelve (!) in that chamber. I am amazed. And I won’t be surprised if I find out that something else has happened in one of these races, or any other for that matter.

Change Research: Cruz 49, O’Rourke 49

Make of this what you will.

I don’t know anything about Change Research and I don’t recall seeing earlier polls from them. They give some more info in that Twitter thread, but there’s no link to a polling memo or any other details, so take this with a modest amount of salt.

On a related note, the ongoing NYT/Siena “live poll” in CD32 is showing a tight race with a small edge for Colin Allred; at the 400 call mark, he was up 45-43. Lizzie Fletcher trailed 46-45 in polling done between October 19 and 25. An earlier poll in CD23 had Rep. Will Hurd up by the frankly unbelievable margin of 53-38 over Gina Ortiz Jones; the sample showed Hurd getting a relatively huge amount of support from Democrats. There’s a lot of late money pouring into that race, so who knows what’s going on.

CD07 “live poll”: Culberson 48, Fletcher 45

Here’s another of those NYT-Siena “live polls” of interesting Congressional races.

Lizzie Fletcher

Houston Rep. John Culberson holds a narrow lead over Democratic challenger Lizzie Fletcher, a poll conducted by The New York Times Upshot found Tuesday.

Culberson’s 3-point lead is within the 5-point margin of error for the poll, which The New York Times conducted Sept. 14-18. Forty-eight percent of respondents said they preferred Culberson, and 45 percent sided with Fletcher.

The nine-term congressman had a 43 percent favorable rating in the poll, compared to Fletcher’s 28 percent. That difference could be attributed to name recognition — 49 percent of those polled answered that they “didn’t know” if they had a favorable opinion of Fletcher, a Houston attorney, compared to 24 percent for Culberson.

Election handicappers such as Cook Political Report, FiveThirtyEight, and Larry J. Sabato’s Crystal Ball have deemed the race a “toss-up,” while Inside Elections rated it a “lean Republican.”

[…]

Pollsters asked several other questions of district residents.

Of those polled, El Paso Rep. Beto O’Rourke held a 7-point lead over Sen. Ted Cruz, who is from Houston. President Donald Trump had a 51 percent approval rating. Fifty-five percent opposed funding for a wall at the U.S.-Mexico border, and 60 percent supported a ban on assault-style guns and high-capacity magazines.

The Upshot, in partnership with Siena College, called 40,665 people in the Houston district and received 500 responses.

The full NYT writeup is here. They had previously done a poll in CD23, which I wrote about here; a poll of CD32 is coming soon. The DMN story goes over the candidates’ fundraising and the ads they have running now – I’ve seen one of Fletcher’s, but not yet Culberson’s – but none of that interests me. There are two other things I want to talk about.

The first thing is the embedded image of where in the district they got their responses, and whether those responses were for Fletcher or Culberson. CD07 has a big piece inside Beltway 8, and a big piece on the farther west side of Harris County, outside Highway 6 and north of I-10 up to US 290. The original idea of this district was to pair the relatively small and mostly Democratic inner urban piece with the larger and more Republican outer suburban area. That has worked well for the decade, but as you can see, there are an awful lot of Fletcher-responding blue dots in the far-flung section of CD07. The outer areas of Harris County are the Republican stronghold, with sufficient population to counterbalance the Democratic city of Houston. If the unincorporated part of the county is trending bluer, that’s a big problem for the local GOP.

Which brings me to the second point. It’s important to remember that CD07 was a thirty-point Republican district in 2014. Kim Ogg, in her first run for DA in the special election against Devon Anderson, got 37.5% in CD07 in 2014. Ann Harris Bennett, then running for County Clerk, got 34.7%. Judith Snively, running for District Clerk, got 33.6%. It was a massacre.

Things were different in 2016, of course, but the fact that CD07 was carried by Hillary Clinton obscures the fact that CD07 was still fundamentally Republican. Ogg, in her rematch with Anderson, took 46.8% in the district. Vince Ryan got 46.2%, Ed Gonzalez got 45.0%, and Ann Harris Bennett, now running for Tax Assessor, just barely cleared 42%. The average Democratic district judge candidate got 43.5%.

Remember, though, that even in losing CD07 by 16 points (Bennett) or 13 points (average Dem judicial candidate), they all still won Harris County overall. Greg Abbott had a more modest 22-point win over Wendy Davis in CD07, and he needed all of that to win the county by less than five points. If CD07 is even close to being fifty-fifty, how does any Republican win countywide? If Beto O’Rourke is really leading in CD07 by seven points, then he’s going to crush it in the county, and that as much as any “likely voter” poll suggests a real, close race statewide.

Now of course all of this is predicated on this poll being accurate. As we discussed after the CD23 poll was published, this is a new and experimental approach to polling, and as always it’s just one result. We do have one earlier result, which happens to closely match this one, but two data points are only slightly better than one. My point is that this poll doesn’t have to be dead-on accurate to highlight the potential for a blue wave in Harris County. Even a modest shift from 2016 would point in that direction.

CD23 “live poll”: Hurd 51, Ortiz Jones 43

Give this one a bit of side-eye.

Gina Ortiz Jones

Incumbent Republican Will Hurd is leading his Democratic challenger, Gina Ortiz Jones, in one of the country’s most competitive races in this year’s midterm elections, according to a new poll by The New York Times and Siena College.

The poll, which surveyed 495 people in the district by phone this week, shows Hurd with 51 percent  support compared with Ortiz Jones’ 43 percent. Seven percent of those surveyed were undecided, with a margin of error of plus or minus 5 percent.

The southwest Texas district that stretches from San Antonio to El Paso, long considered a “swing district,” is a prime target for Democrats who are looking to pick up House seats this November. Hurd, a former CIA officer, narrowly beat Democratic opponents in 2014 and 2016.

Ortiz Jones, a former Air Force intelligence officer, is hoping Democratic enthusiasm and opposition to President Donald Trump will propel her to victory in the district, which has garnered national attention and is on several “most competitive” lists.

Hurd, who is seen as a moderate Republican, has distanced himself from Trump on major issues like immigration and has criticized the president for his dealings with Russian President Vladimir Putin.

Here’s the full NYT writeup, which is worth reading. This is one of the districts The Upshot of the NYT is polling in real time, with the explanation “Our poll results are updated in real time, after every phone call. We hope to help you understand how polling works, and why it sometimes doesn’t.” Basically, when they get to 500 completed calls, they stop. That has raised some questions – which they openly acknowledge and discuss; you can follow Nate Cohn on Twitter for a lot of that – and if nothing else this is a pilot program. It’s ambitious and admirable, just (as they say with each result) not to be taken as the be-all and end-all.

In this case, I will note that in the three elections in CD23 this decade, the final numbers have been a lot closer than eight points, and no Republican has achieved a majority of the vote:

2016 – Hurd 48.29, Gallego 46.96
2014 – Hurd 49.78, Gallego 47.68
2012 – Gallego 50.31, Canseco 45.56

Even in the debacle of 2010, Quico Canseco only got 49.40% of the vote, though of course that was before this redistricting cycle. The idea that Will Hurd could get 51%, which would be a high water mark for Republicans in CD23, in a year like this seems unlikely to me. It’s very possible Hurd can win – he’s proven himself to be a strong candidate. It’s conceivable Hurd could top 50% – maybe he’s won enough people over, maybe Ortiz Jones isn’t so good on the campaign trail, who knows. I would be very, very surprised if he wins by as much as eight. We’ll see if there are any poll results out there for this district. In the meantime, The Upshot and Siena are working on CD07, while the DMN and the Times will be polling CD32, as well as statewide. Exciting times to come.

Trump’s Texas beneficiaries

Interesting.

Six Texas Republican in Congress received a show of financial support from their party’s leader this week.

President Donald Trump’s re-election campaign announced Thursday that it was donating the maximum contribution possible to around 100 House and Senate Republican candidates ahead of midterm elections in which multiple polls suggest Democrats could be poised for big wins. Republican National Committee spokesperson Christiana Purves confirmed Friday that six of those candidates are incumbents from Texas: U.S. Reps. Michael Burgess of Lewisville, John Carter of Round Rock, Michael Cloud of Victoria, Mike Conaway of Midland, John Culberson of Houston and Pete Sessions of Dallas.

Three of those Republicans – Carter, Culberson and Sessions – recently learned they had been outraised by their Democratic challengers in the second quarter of the year, the latest sign that Democrats are aiming to compete in more Texas congressional districts than they have in a generation.

[…]

Burgess and Conaway are somewhat more surprising picks for being singled out by Trump as both represent solidly Republican districts.

Conaway is the biggest head-scratcher on this list. He has $1.5 million on hand, his opponent has $42K on hand on $48K raised (which to be fair, is a record-setting amount for a Dem in CD11), and is running in a district that Trump won by a 77-19 margin in 2016. There’s literally no definition of “incumbents who need financial support from their president” that includes Mike Conaway.

Even more curious is the omission of Will Hurd, the third member of the “toss-up trio” in Texas. Hurd likes to polish his image of being independent of the president (so don’t go looking at his voting record), and he’s a good fundraiser on his own. My guess is that if Trump’s money was offered rather than thrust upon these recipients, Hurd would probably have said “thanks but no thanks”. Nonetheless, it would be nice to understand the process here.

Dems keep posting very strong finance reports

Wow.

There are few bigger warning signs for a member of Congress that their re-election may be in doubt than when a challenger outraises them. In Texas, it just happened to seven incumbents, all Republicans.

Since last week, when U.S. Rep. Beto O’Rourke, D-El Paso, revealed that he had raised a stunning $10.4 million between April and June in his bid to unseat Republican U.S. Sen. Ted Cruz, a wave of Texas Democrats running for U.S. House seats similarly blasted out their own unusually strong fundraising numbers.

The numbers only became more striking when compared to their rivals: Some Democratic challengers raised two, three or even four times what their Republican incumbent rivals posted. All congressional candidates were required to file their second-quarter fundraising reports with the Federal Election Commission by Sunday.

Along with Cruz, the six congressional incumbents who were outraised are delegation fixtures: U.S. Reps. John Carter of Round Rock, John Culberson of Houston, Will Hurd of Helotes, Pete Olson of Sugar Land, Pete Sessions of Dallas and Roger Williams of Austin.

In the 21st Congressional District, where Republican U.S. Rep. Lamar Smith is retiring, GOP nominee Chip Roy trailed his Democratic rival, Joseph Kopser. Several other Democratic candidates running in Republican strongholds across the state also posted abnormally large six-figure fundraising hauls.

One of the biggest red flags for Republicans came from Carter’s once-safe 31st District. Thanks to a successful viral video, veteran MJ Hegar raised more than four times Carter’s second-quarter sum – the biggest split among the races where Democrats outraised GOP incumbents.

[…]

Hardly anyone in Texas will suggest that incumbents like Olson and Williams are in any significant electoral trouble because they were outraised. But the cumulative effect of so much strong Democratic fundraising is unnerving to many Texas Republican insiders.

One anxious Texas operative suggested these fundraising numbers are merely a first alarm bell. The second may come once incumbents go into the field en masse and poll. But two GOP sources say many incumbents have been reluctant to poll their districts amid what feels like a chaotic political environment and are waiting for a more stable period to get an accurate read of the electorate.

You know most of the names already, but to reiterate, the Dems who outraised their opponents this quarter are Lizzie Fletcher in CD07, Joseph Kopser in CD21, Sri Kulkarni in CD22, Gina Ortiz Jones in Cd23, Julie Oliver in CD25, MJ Hegar in CD31, and Colin Allred in CD32. And there are more dimensions to this as well.

Jana Lynne Sanchez, who is running for the Tarrant County-area seat left open by disgraced Representative Joe Barton, has been steadily raising money and currently has a cash-on-hand advantage against former Barton staffer Ron Wright.

The Democratic fundraising tear has even reached into southeast Texas’ 36th Congressional District, which is rated as a +26 Republican district, one of the most conservative seats in the entire country. Longtime radio host and Democratic nominee Dayna Steele, who has pledged not to take corporate PAC money, raised $220,000 in the latest quarter, trailing ultraconservative incumbent Brian Babin’s haul by just $5,000.

Following Beto O’Rourke’s lead, many of these lesser-known candidates — running without national support in districts deemed too red for a blue wave — have sworn off corporate PAC money and are relying on small-dollar contributions. Sanchez says she has a total of 9,000 donors who have made an average contribution of $42.

All of these Democratic candidates have raised far more than past challengers in these districts — if a Democrat even bothered to run.

Keep that last bit in mind, because I’ll have more on it in a future post. And even where there’s a bright spot for the Republicans in CD02, where Dan Crenshaw reported a big haul, he’s facing Todd Litton with $843K raised and $435K on hand. It’s safe to say it’s been a long time since the Republicans have faced this many well-funded opponents.

Not all the reports are available yet on the FEC page, but when they get there I’ll have a post summarizing it all. Do bear in mind that even with all these strong numbers, Dan Patrick has also raised a bunch of money, and Greg Abbott has already booked $16 million in TV time for the fall. So celebrate the good news, but don’t get overconfident. What we’ve done here is approach parity, and the other guys may well have another gear to shift into. Keep the momentum going.

We are going to get some Congressional polling soon

Nate Cohn on Twitter:


In case you can’t tell from the picture, CDs 07, 23, and 32 are included among the districts that will be – actually, probably are already being – polled. We have one poll from CD07 done by the DCCC a month ago, and it showed a two point lead for John Culberson. I’m not aware of any polling in either of the other districts, but I’ll be very interested to see what we get here. Cohn mentions that he thinks the writeups of these polls will be out next week. I can hardly wait.

Three more Dems top $1 million in Q2

In the morning there was Gina Ortiz Jones.

Gina Ortiz Jones

Gina Ortiz Jones, the Democrat running against U.S. Rep. Will Hurd, R-Helotes, raised more than $1.2 million over the last three months, a huge haul that far outpaces the fundraising by her party’s previous nominees in Texas’ most competitive congressional district.

Jones’ campaign, announcing the figure this morning, also said she has about $1.1 million cash on hand.

Hurd hasn’t shared his fundraising numbers for the second quarter yet but faces a Sunday deadline to report them to the Federal Election Commission. He reported having $1.6 million cash on hand after the first quarter, when he took in $395,000.

Jones’ second-quarter haul means she has now raked in $2.2 million since entering the race — already more than the 2016 Democratic nominee, Pete Gallego, raised from start to finish. By comparison, Gallego pulled in $327,000 during the same period of the 2016 cycle, which put his total raised at that point at roughly $1.3 million.

Ortiz Jones joins Lizzie Fletcher in the million-dollar-quarter club. In her press release, she notes that no Democratic candidate has raised more than $2.7 million for CD23 since the district was redrawn in 2006. I think it’s safe to say she will surpass that amount. And she may not be the only one who does.

Then in the afternoon we got MJ Hegar.

MJ Hegar

In the 10 days after long shot Democratic candidate and veteran MJ Hegar published her widely praised viral video, her campaign to unseat U.S. Rep. John Carter, R-Round Rock, raised $750,000. It’s only the latest large fundraising figure reported by a Democratic U.S. House candidate from Texas, but it shows a stunning surge of interest in Hegar’s candidacy.

Hegar will report raising $1.1 million in the second fundraising quarter of the year, her campaign told the Tribune. Most of that came about from the attention drawn to her candidacy by her biographical ad, “Doors,” which has been viewed more than 2.5 million times.

The Hegar news came amid a cascade of robust fundraising numbers from Democrats vying to unseat Texas Republicans in Congress.

[…]

If past is precedent, these candidates will deploy much of this money in fall television ad wars.

Hurd is a perennially strong fundraiser and Sessions is the former chairman of the National Republican Congressional Committee – a position that entails raising hundreds of millions of dollars for the national GOP House campaign. Culberson has improved his fundraising over the last year as the viability of the Democratic offensive in his district has taken form. None of these incumbents have released their second quarter numbers. Fundraising reports are due on July 15.

Hegar, however, is in a different category. Her race encompasses conservative areas along Interstate-35 and in the northern Austin suburbs. Carter, the incumbent, was first elected in 2002 and has never faced a serious general election campaign.

But $1 million hauls for individual House campaigns isn’t the status quo in American politics. In past cycles, candidates who raised $300,000-$400,000 were considered top fundraising performers.

Wow. I figured Hegar had a good shot at topping $1 million, but I assumed that would be by the end of the cycle. I didn’t expect her to hit that mark in a single cycle, but then that was one amazing ad. I don’t know how much her haul changes this race – it’s still a considerably redder district than the top tier – but it’s safe to say that CD31 is not a district the Republicans can take for granted. Not this year.

And finally in the evening there was Colin Allred.

Colin Allred

Texas Democratic candidates in four House races are reporting large fundraising hauls for the second quarter of this year, including Colin Allred, who is challenging Dallas Republican Rep. Pete Sessions.

Allred’s campaign said it would report raising almost $1.1 million between April 1 and June 30 for his run for the 5th Congressional District, leaving him with $900,000 cash on hand. Sessions has not yet released his contributions. The filing deadline is Sunday.

The second quarter marked a dramatic increase in Allred’s fundraising. During the first quarter, Allred reported raising $395,286 with $219,627 cash on hand. Allred’s fundraising began to pick up steam after he finished first in the March primary among seven candidates. He defeated Lillian Salerno in the May runoff.

During that period, Sessions reported $605,730 in contributions and $1.5 million cash on hand, according to federal filings.

Remember how I said that Democratic fundraising was way up from 2014, even if that wasn’t apparent from the non-Beto statewide candidates? (We haven’t heard from any of them yet, so that story line could change as well.) I trust my point has been sufficiently illuminated. We also haven’t heard from Joseph Kopser or Todd Litton yet, not to mention Dayna Steele, Jana Sanchez, Sri Kulkarni, Lorie Burch, and Mike Siegel. Fundraising isn’t destiny, but it sure is nice for our candidates to have the resources they need to compete.

The Republicans’ risk factors in 2018

The Cook Report’s Dave Wasserman comes up with a system for evaluating Republican Congressional incumbents who may have some trouble in their future.

Armed with fresh FEC data, we have created a table listing seven “risk factors” to gauge Republican incumbents’ political health and readiness for a wave election. In the past, those incumbents with a high number of risk factors have typically been the ripest targets, while those with fewer risk factors could still be vulnerable but may be better able to withstand a hostile political environment.

The seven risk factors are:

1. Sits in a district with a Cook PVI score of R+5 or less Republican.
2. Sits in a district that Hillary Clinton carried in 2016.
3. Received 55 percent of the vote or less in the 2016 election (or a 2017 special election).
4. Voted in favor of the American Health Care Act in the May 4 roll call vote.
5. Voted in favor of the Tax Cuts and Jobs Act in the December 19 roll call vote.
6. Raised less money than at least one Democratic opponent in the first quarter of 2018.
7. Has a Democratic opponent with at least $200,000 in cash on hand as of March 31.

Only one incumbent, Rep. Steve Knight (CA-25), has all seven risk factors. Eight incumbents have six risk factors, 23 incumbents have five, 23 incumbents have four and 32 have three. This is not a hard and fast list, and over the next quarter, many incumbents will add or subtract factors based on their own and their opponents’ progress.

What we care about are the Texans on this list, so here they are:

Six risk factors – Will Hurd, CD23

Five risk factors – Pete Sessions, CD32

Four risk factors – John Culberson, CD07

Three risk factors – John Carter, CD31; Brian Babin, CD36

Two things to note here. One is that this list is limited to incumbents, so open seat races are not included. Two, these risk factors do not necessarily correlate to the electoral prospects of the district in question. The Cook House ratings report includes CDs 07, 23, 32, and open seat 21, but not 31 and 36.

That latter one really stands out, as it’s a 70%+ Trump district. The risk factors for Brian Babin are the AHCA and tax cut votes – we would need to see some district-specific polling to know how risky those were to him, but it’s not crazy to think those actions would not be terribly popular – and having been outraised in Q1 by Dayna Steele. Babin still has a large cash on hand advantage, not to mention being in that deep red district, and Steele had a competitive primary to win, but as I said before, the fact that Steele has been able to raise that kind of money in that kind of district is nothing short of amazing.

Trib overview of CD23 primary

Definitely a key race.

Gina Ortiz Jones

Now, CD-23 is faced with its most crowded Democratic race in decades to determine who will duke it out in November in what is regularly ranked as one of the country’s most competitive districts. It spans San Antonio to El Paso and includes hundreds of miles of the U.S.-Mexico border, a massive, largely rural area with a predominantly Hispanic population.

Four Democrats are seriously vying for the seat in the March 6 primary: Judy Canales, a former Bill Clinton and Barack Obama appointee from Eagle Pass; Hulings, a former federal prosecutor from San Antonio; Gina Ortiz Jones, a former Air Force intelligence officer from San Antonio; and Rick Treviño, a former high school teacher from San Antonio who unsuccessfully ran for city council there before entering the TX-23 primary last year. A fifth Democrat, Angela “Angie” Villescaz, filed for the seat but does not appear to be running as active a campaign as the others.

With a week and a half until Election Day, much attention has centered on Hulings and Jones, who appear poised for a runoff if neither can garner over 50 percent of the vote on March 6. Propelled by EMILY’s List, the influential national group that helps elect Democratic women who support abortion rights, Jones has shown serious fundraising momentum, raking in $282,000 in the first 45 days of 2018 — more than three times Hulings’ total over the same period. She entered the homestretch of the race with a more than 2-to-1 cash-on-hand advantage over Hulings, $217,000 to $101,000.

Jay Hulings

The two are drawing their support from distinct corners of the Democratic universe. Hulings enjoys the support of Democratic congressional leaders such as House Minority Whip Steny Hoyer, as well as political figures well known within the district, including his law school classmates, the Castro brothers. Hulings, who is Mexican-American, also has the backing of the Congressional Hispanic Caucus and the moderate Blue Dog Democrats.

Jones, meanwhile, is being backed by veterans and LGBT groups, in addition to EMILY’s List. She has also been endorsed by two of the most prominent women in Texas Democratic politics: Wendy Davis and Leticia Van de Putte, two former state senators — Van de Putte is from San Antonio — who were the 2014 nominees for governor and lieutenant governor, respectively.

[…]

Waiting at the finish line of the Democratic primary is an increasingly well-positioned Hurd, who faces minimal opposition in his own nominating contest. Since his 2016 re-election, he has amassed a $1.2 million war chest and built a national profile as a rising-star Republican willing to break with his party’s president, Donald Trump.

In recent months, both Democratic- and Republican-aligned polling has found Hurd’s popularity far outpacing Trump’s in the district. So while his Democratic opponents certainly have their beefs with him — chief among them is that his voting record is not nearly as independent as his image suggests — they appear to have found a more galvanizing target in the president for now.

We’ve discussed Gina Ortiz Jones before. She got into the race late and was behind originally in fundraising, but she’s been a machine since December, blowing right past Jay Hulings. None of the other candidates are near their weight class. Doesn’t mean they’ll finish in the top two, but they do have all the advantages going in. As for Will Hurd, he has certainly done what he can to position himself well, but I feel like he could be the Lincoln Chafee of 2018 – liked by the voters, to the left of his partymates, but still voted out by an electorate that wanted to send a message to his President. I imagine he won’t have too many restful nights this year.

HuffPo on Gina Ortiz Jones

I do love national stories about our Congressional candidates.

Gina Ortiz Jones

Gina Ortiz Jones thought she could work for President Donald Trump.

When he won the presidency in November 2016, Jones, a career civil servant who served in the Air Force in Iraq under George W. Bush and as an intelligence officer under Barack Obama, stayed in her job as a director in the Office of the U.S. Trade Representative. But by June, she couldn’t do it anymore. Trump’s plans to gut education and housing aid hit too close to home for Jones, as someone who relied on reduced-cost school lunches and subsidized housing when she was a kid being raised by a single mom in San Antonio. She was also appalled by the president’s hires for top jobs.

“The type of people that were brought in to be public servants were interested in neither the public nor the service,” Jones, 36, said in an interview. “That, to me, was a sign that I’m going to have to serve in a different way.”

She found a new way to serve: She’s running for Congress. Jones has never run for office before, and if she wins, she would make history as the first lesbian, Iraq War veteran and first-generation Filipina-American to hold a U.S. House seat in Texas. Her hometown district, Texas’ 23rd, has also never been represented by a woman.

Jones wouldn’t have been able to grow up healthy or get an education without the opportunities she got from the federal government, she said. The only reason she could afford college, she added, was that she got a four-year Air Force ROTC scholarship — and it infuriates her to see politicians try to take away those chances for others.

“Talent is universal. Opportunity is not,” she said. “Folks in Congress, they do three things. They create opportunities, they protect opportunities and they erase opportunities. That’s how we have to be thinking about this very plainly.”

[…]

Jones expressed frustration that [incumbent Rep. Will] Hurd routinely votes against his constituents’ interests but seems to get away with it because of his reputation for being “the nice guy.” Last year, Hurd gave people warm fuzzies about bipartisanship by live-streaming a 1,600-mile road trip with Texas Democratic Rep. Beto O’Rourke. HuffPost thought it looked fun (even if it was a political calculation by O’Rourke, who proposed the trip and announced a Senate run weeks later). Jones scoffed.

“When bipartisanship means two dudes get in a car and help each other get elected, we’re all fucking screwed,” she said.

Instead, Jones ran through Hurd’s record. He voted to delay the implementation of smog reduction measures by eight years, despite 1 in 13 Texans having asthma (with even higher rates in communities of color, like his). He voted nine times to repeal the Affordable Care Act. He voted for the GOP’s tax bill, which benefits the rich and raises taxes on middle-class families over time. He’s been quiet about Congress’ failure to renew funding for the Children’s Health Insurance Program, which is set to expire and would affect 400,000 kids in Texas.

It’s particularly outrageous that Hurd hasn’t signed onto a bipartisan bill, the Dream Act, to preserve the Deferred Action for Childhood Arrivals program, Jones said. Trump ended the program in September, and young undocumented immigrants will begin losing protections in greater numbers in March unless Congress passes a law to keep it. If lawmakers fail to act, hundreds of thousands of young undocumented immigrants are at risk of being deported.

Jones said the uncertainty around DACA is “a huge deal” in Texas’ 23rd District, where more than 70 percent of constituents are Latino.

“So I push back on the fact that some say, ‘Oh, he’s not that bad.’ His voting record is awful,” she said. “You don’t get to be a moderate just because you don’t say crazy shit.”

I’ve always kind of admired candidates who are willing to cuss on the record. I also think that’s the right way to attack Hurd, whose moderate reputation is based in large part on sounding less extreme than his colleagues. As noted before, Jones has a tough fight in the primary before she gets to take on a tough fight in November. She’s picked up a lot of establishment support, and I hope to see that reflected in her Q4 finance report. If she does win the primary, she’ll have a very high profile going forward. Keep an eye on her.

Filing roundup: Other Congressional races, part 2

See part 1 here, and the spreadsheet with all the Democratic Congressional filings here. These are the races that are objectively most likely to produce a flip, so there are fewer of them. Let’s dive right in.

Jana Lynne Sanchez

CD06

So long, Smokey Joe. Hope to see a whole lot less of you from here on out. There are, I kid you not, eleven Republican candidates vying for this seat, and it could have been thirteen but two hopefuls had their applications rejected. Lord only knows what will happen on that side. I have mentioned the five Democratic candidates before, back when we were first learning about Smokey Joe’s peccadilloes. Decision Desk had this as only a 15% chance of a pickup in November, but that was pre-scandal and retirement. Those odds are better now.

Jana Lynne Sanchez
Ruby Faye Woolridge
Levii Shocklee
Justin Snider
John Duncan

Jana Lynne Sanchez has been a political consultant and fundraiser, and worked as a journalist after that. She’s a Rice graduate and an aspiring country singer. If she makes it to Congress, maybe she can collaborate with Sen. Orrin Hatch. Ruby Faye Woolridge is a retired educator who has run for office several times, including for CD06 in 2016. Levii Shocklee is a Navy veteran who doesn’t tell us much else about his biography. Justin Snider is a locksmith and served as a national delegate for the Bernie Sanders campaign in 2016. John Duncan works for the largest local non-profit HIV/AIDS service organization in North Texas.

Joseph Kopser

CD21

Boy, you only think there’s a cattle call for the Republican nomination in CD06. There are eighteen – EIGHTEEN! – Republicans that have filed to fill Lamar Smith’s pollution-loving immigrant-hating shoes. They include Chip Roy, former Chief of Staff to Ted Cruz; Jason Isaac, the State Rep. in HD25; Quico Canseco, who lucked into a term as Congressman in CD23 in the 2010 wave; Susan Narvaiz, a three-time loser to Rep. Lloyd Doggett in CD35, and fourteen more. One way to look at this is that is the vote were to be split evenly among all the contenders, they’d each get about 5.6%. Fifteen percent may well be enough to make it to the runoff. There’s a non-zero chance that the nominee could be some random nobody. Which makes it all the more important that the Democratic candidate is someone who has an A game to bring in a district pegged at a 43.4% win chance and 49.0% performance.

Joseph Kopser
Derrick Crowe
Elliott McFadden
Mary Wilson

This race is interesting and worth watching on just about every level, and that begins with the primary. Joseph Kopser is an Army veteran and businessman who made news for out-fundraising Lamar Smith back in Q2. He’s also racking up endorsements – Garry Mauro, House Democratic Whip Rep. Steny Hoyer, Bexar County Judge Nelson Wolff, as well as nonprofit STEM organization 314 Action – and can fairly be characterized as the establishment candidate. Derrick Crowe, who has been a senior staffer on Capitol Hill and now works in the nonprofit sector, also has an impressive array of endorsements including Our Revolution, Democracy for America, and the UT University Democrats. He was the first Democrat I heard of in this race, citing Smith’s terrible environmental record as his inspiration to run. And then there’s Elliott McFadden, the Executive Director of Austin B-Cycle and past Executive Director of the Travis County Democratic Party, who has his own set of endorsements, and Mary Wilson, a math teacher and minister. They all look like terrific candidates, so my main hope at this point is that the primary doesn’t get too nasty.

Gina Ortiz Jones

CD23

Here’s a list of Congressmen from CD23 since 2002:

Henry Bonilla (R)
Ciro Rodriguez (D, elected in 2006)
Quico Canseco (R, elected in 2010)
Pete Gallego (D, elected in 2012)
Will Hurd (R, elected in 2014)

And there’s a 69.2% chance (according to Decision Desk as of November) that we’ll have another person in there next year. After that who knows – this district was ruled illegal by the federal district court and could be redrawn for 2020, and regardless of that it will be redrawn again for 2022. You know what they say about change being the only constant? This district is the poster child for that.

Angela Villescaz
Gina Ortiz Jones
Jay Hulings
Judy Canales
Rick Trevino

Gina Ortiz Jones served in Iraq as an Air Force intelligence officer, and continues to work in national security, intelligence, and defense. She’s one of several female veterans running for Congress as Democrats this cycle – note that article doesn’t appear to count MJ Hegar, so it is necessarily incomplete – and has racked up an impressive array of endorsements, from Emily’s List and Vote Vets to the Asian American Action Fund and the Victory Fund. Jay Hulings is a former federal prosecutor and has served in the House as Counsel to the House Intelligence Committee and Legislative Director to former Rep. Jane Harman. Judy Canales was appointed by President Obama in 2013 to be the Texas State Executive Director for the USDA Farm Service Agency. Rick Trevino is a teacher and Secretary of the Bexar County Democratic Party who served as a national delegate for Bernie Sanders in 2016.

I’ve covered other Congressional races in the Harris County and surrounding county writeups, and of course there’s great interest in CD16 to succeed Beto O’Rourke, but that race will be decided when the primary winner emerges. I’m busy doing interviews in CDs 07 and 02, and we’ll see how much more I wind up doing. Again, it is important for all of us to know who our candidates are and to pick the best one to represent us, on the ballot and hopefully in Washington. I hope this has been useful for you.

Opinions differ about Congressional prospects

I’m gonna boil this one down a bit.

Todd Litton

Moments before the polls closed in Virginia’s Democratic sweep, Houston-area Republican Ted Poe, across the Potomac River on Capitol Hill, announced his retirement in 2018 after 14 years in Congress.

Poe cast his move Tuesday night as a personal decision: “You know when it’s time to go,” he told the Chronicle. “And it’s time to go, and go back to Texas on a full-time basis.”

But a wave of retirement announcements from Texas Republicans in both Congress and the Legislature already had sparked a lot of speculation that the pendulum of power might swing against the GOP, even possibly to some degree in a deep red state like Texas.

Poe and other Republicans dismissed that notion, arguing that their prospects in 2018 are strong, particularly in the Senate, where 10 Democratic incumbents face the voters in states won by President Donald Trump.

Democrats, however, celebrated Ralph Northam’s victory over Republican Ed Gillespie in Virginia’s hard-fought governor’s race as the start of an anti-Trump wave that could only grow as the president’s approval ratings continue to sink.

However coincidental, Poe’s announcement – following those of Texas U.S. Reps. Lamar Smith, Jeb Hensarling and Sam Johnson – seemed to add to the buzz.

[…]

Democratic hopeful Todd Litton, a nonprofit executive in Poe’s district, has raised more than $256,000 for the race, outpacing Poe’s fundraising in the three-month period between April and June.

Poe, however, called the suggestion that he is running away from a tough reelection “nonsense.” He noted that he won reelection last year with 61 percent of the vote, a substantially better showing than Trump, who won 52 percent of the district’s vote for president.

“I don’t appeal to people on the party label,” said Poe, a former teacher, prosecutor and judge. “I appeal based on who I am.”

[…]

David Crockett, a political scientist at San Antonio’s Trinity University, said the question lingering after Virginia’s election results: Is this the beginning of something different?

“Texas is still pretty red, but the result of all these retirements could be opportunity for a Democrat in the right circumstances,” he said. “It’s always easier for an opposition party to pick off an open seat … but I still think we’re a decade away from any significant change.”

Texas Democrats, for the most part, have their sights set on Hurd, Sessions and Culberson, whose districts went to Clinton in 2016. Recent internal polling also has bolstered their hopes of flipping the suburban San Antonio district where Smith is retiring.

Around Houston, it would take a pretty big wave for Poe’s 2nd Congressional District to fall into the Democratic column, but in the current political climate, some analysts say, who knows?

“I wouldn’t go to Las Vegas and bet on it,” said Craig Goodman, a political scientist at the University of Houston in Victoria. “But every election cycle, there’s always one or two districts where you’re like, ‘Wow, how did that happen?’ Maybe the 2nd would be that district.”

CDs 02 and 21 were more Democratic in 2016 than they were in 2012, and the retirements of Ted Poe and Lamar Smith will make them at least a little harder to defend in 2018 than they would have been. They’re not in the same class as CDs 07, 23, and 32, but a sufficient wave could make them competitive. Another factor to keep in mind is who wins the Republican primaries to try to hold them? Some candidates will be tougher than others, and in this day and age it’s hardly out of the question that the winner in one of these primaries could be some frothing Trump-or-die type that no one has heard of who might have trouble raising money and turn voters off.

There’s another point to consider, which is that some of the candidates who run for these now-open Congressional seats may themselves be holding seats that would be more vulnerable without an incumbent to defend them. For instance, State Rep. Jason Issac has announced his candidacy in CD21. Isaac’s HD45 went for Trump by less than five points and with under 50% of the vote; it was typically more Republican at the downballot level, but still shifted a bit towards the Dems from 2012 to 2016. Erin Zwiener is the Democratic challenger in HD45. As for CD02, it is my understanding that State Rep. Kevin Roberts, the incumbent in HD126, is looking at CD02. HD126 was about as Republican in 2016 as CD02 was, so if Roberts changes races that will open up another Republican-favored-but-not-solid seat. We’ll know more when the filings come in, but that’s what I’d keep my eye on. Candidates matter, and the Dems have been rounding them up for months now. Republicans are just getting started in these districts. They have less margin for error.

October campaign finance reports: Congress

Here are the Q2 fundraising reports for Texas Democratic Congressional candidates. I’ll sum up the data below, but here’s the Trib with some highlights.

After Democratic challengers outraised four Texas Republicans in Congress earlier this year, some Republicans recaptured fundraising momentum in the third quarter – but not all of them.

Campaign finance reports for federal candidates covering July through September were due on Saturday. The reports show signs of of Democratic enthusiasm continuing, though U.S. Reps. Pete Sessions of Dallas and Will Hurd of Helotes, both Republicans, posted strong third quarters.

U.S. Sen. Ted Cruz, R-Texas, barely outpaced his challenger, U.S. Rep. Beto O’Rourke, D-El Paso, and two GOP congressmen saw Democratic challengers raise more money.

Hurricane Harvey may have depressed fundraising overall, with many incumbents and challengers posting lukewarm quarterly hauls.

“I don’t think it’s appropriate and certainly not tasteful to raise money from people who’ve been devastated and lost everything,” said U.S. Rep. John Culberson, a Houston Republican who was outraised by two of his Democratic challengers.

Democratic numbers were also smaller, suggesting candidates who announced earlier this year picked off the low-hanging donors in their previous campaign reports. And candidates who entered races only recently had less time to raise money.

But also, there was a larger dynamic at work. Ali Lapp is the operative who oversees the super PAC that supports Democratic House candidates, said donors are holding back from challengers because of the crowded nature of the Democratic primaries.

“With so many good Democratic candidates running in primaries, it’s no surprise that many Democratic donors are waiting to give direct candidate donations until after the field shakes out a bit, or even until after the primary is concluded,” she said.

The Chron focuses in on CD07, which has the largest field and the most money raised so far. We’ve seen the aforementioned dynamic in other races, where some people and groups want to wait and see who the frontrunners or runoff participants are before jumping in. The danger is that the candidate or candidates you like may not then make it into the runoff, but that’s a bit esoteric right now. The fact remains that we haven’t had this level of activity in Democratic Congressional primaries since Dems were the dominant party in the state. That’s pretty cool.

So without further ado, here are links to forms of interest and a summary of who did what:

Todd Litton – CD02
Ali Khorasani – CD02

Jana Sanchez – CD06

Alex Triantaphyllis – CD07
Lizzie Fletcher – CD07
Laura Moser – CD07
Jason Westin – CD07
James Cargas – CD07
Joshua Butler – CD07

Dori Fenenbock – CD16
Veronica Escobar – CD16

Joseph Kopser – CD21
Derrick Crowe – CD21
Elliott McFadden – CD21

Jay Hulings – CD23
Gina Ortiz Jones – CD23

Christopher Perri – CD25
Chetan Panda – CD25

MJ Hegar – CD31
Richard Lester – CD31
Christine Mann – CD31

Ed Meier – CD32
Colin Allred – CD32
Lillian Salerno – CD32

Dayna Steele – CD36
Jonathan Powell – CD36


Dist  Name             Raised    Spent    Loans   On Hand
=========================================================
02    Litton          256,222   26,250        0   229,872
02    Khorasani         8,904    8,555        0       348

06    Sanchez          75,113   56,169        0    16,439

07    Triantaphyllis  668,300  132,792        0   535,507
07    Fletcher        550,833  147,634        0   403,198
07    Moser           401,675  129,689        0   271,986
07    Westin          252,085   95,046   10,365   167,393
07    Cargas           46,752   43,091        0    10,078
07    Butler           28,685   25,352        0     3,332

16    Fenenbock       499,262  193,800  100,000   405,462
16    Escobar         332,836   35,780        0   297,056

21    Kopser          417,669  198,249        0   219,419
21    Crowe            69,443   45,068        0    24,375
21    McFadden         49,614   29,923        0    19,690

23    Hulings         200,207   10,752        0   189,455
23    Ortiz Jones     103,920   30,238        0    73,681

25    Perri            61,868   42,603    7,140    26,405
25    Panda            59,853   42,200        0    17,652

31    Hegar            93,459   39,789        0    53,670
31    Lester           52,569   33,061        0    19,507
31    Mann             21,052    8,764        0         0

32    Meier           585,951  147,537        0   438,414
32    Allred          242,444  180,791   25,000    86,653
32    Salerno         150,608   30,870        0   119,737

36    Steele          105,023   62,699    1,231    43,555
36    Powell           50,653   20,817   10,000    39,789

Notes:

– Unlike other campaign finance reports, the FEC reports are cumulative, which is to say that the numbers you see for Raised and Spent are the totals for the entire cycle. For all the other races we look at, these numbers represent what was raised and spent in the specific period. It’s useful to have these totals, but you have to compare to the previous quarter if you want to know how much a given candidate raised or spent in that quarter.

– There are eight candidates in this summary who were not in the Q2 roundup – Khorasani, Escobar, Hulings, Ortiz Jones, Panda, Hegar, Lester, and Salerno. Christopher Perri filed for CD21 last quarter but is shown in CD25 this quarter. Not sure if one or the other is an error – he wasn’t listed as a candidate in a recent story about CD25 – but do note that Congressional candidates are only required to live in the state, not in a particular district. Debra Kerner had been listed in CD07 before but she has since ended her candidacy.

– Not all candidates in all races are listed. I pick ’em as I see fit.

– It’s really hard to say how much of an effect Harvey may have had on fundraising. As the Trib story notes, it may be that many candidates have largely tapped their easiest sources, and it may be that some donors are keeping their powder dry. We may get some idea when we see the Q4 numbers in January. In the meantime, remember that there’s a long way to go.

– One candidate who does appear to have had a change of fortune, and not for the best, is Colin Allred in CD32. No idea why, again we’ll want to see what the next report looks like.

– Still no candidates of interest in CDs 10, 22, or 24. Sure would be nice to either have someone with juice file, or for someone who is already running to step it up.

No re-rematch for Gallego against Hurd

The third time is not a charm, mostly because there won’t be a third time.

Pete Gallego

Former U.S. Rep. Pete Gallego, D-Alpine, has decided not to try again to reclaim his old seat in Congress.

“Know that my public service is not done, but that for the present, I have decided to forego another run in the 23rd District,” Gallego said in a statement Friday. “I continue to explore options that will allow me to give back to San Antonio and the rest of this great state which has given me and my family so much.”

[…]

Gallego had set up an exploratory committee for the seat in July. At the time, he said he was “energized about 2018,” citing a new level of Democratic enthusiasm in the district following the election of President Donald Trump.

In recent weeks, Gallego tried to raise money for his would-be congressional campaign, according to those plugged in with the Democratic establishment donor community — but found resistance after losing twice.

See here for the previous update. On the one hand, Gallego won in 2012 against an incumbent Republican in a district carried by Mitt Romney and every statewide Republican. He led the ticket in a tough loss in 2014, but then failed to win the seat back in a year where Hillary Clinton won the district. He was a fine legislator and he’s a good person, but with the emergence of some other interesting candidates, I can see why the donor community might have wanted to go another direction. Gallego is young enough to run again for something if he wants to – hell, he’d make a pretty good candidate for Governor if he wanted to give that a try and if the Castros figure out what they’re doing. Seriously, someone ought to talk to him about that. Anyway, this probably means the field in CD23 is set, but someone could still jump in.

Two more for CD23

Officially a crowd now.

Jay Hulings

Jay Hulings, a federal prosecutor from San Antonio, said Sunday he could no wait no longer to launch a challenge to U.S. Rep. Will Hurd, R-Helotes. Hulings is an ally of the Castro brothers — U.S. Rep. Joaquin Castro, D-San Antonio, and former U.S. Housing Secretary Julián Castro.

“Washington is so broken and Congress is so broken,” Hulings said in an interview with The Texas Tribune. “There are times when you can sit on the sidelines. This not one of them. I decided I have to get in the fight.”

Hulings is moving quickly to establish himself as a top-tier candidate in what’s expected to be a crowded primary field. His last day at the U.S. Attorney’s Office for the Western District of Texas was this last week. He’s working with the Castros’ political team, and he is expected to soon begin rolling out endorsement from prominent Democratic officials.

Hulings’ entrance into the race was first reported by the San Antonio Express-News.

On Friday, Hurd got another Democratic challenger: Rick Treviño, a teacher from San Antonio who ran for its City Council earlier this year and narrowly missed a runoff. He had the backing of Our Revolution, the group aligned with former Democratic presidential candidate Bernie Sanders.

Hulings and Treviño join Gina Ortiz Jones, a former Air Force intelligence officer, in vying for a shot at Hurd in 2018. A number of other Democrats are still looking at the race, including former U.S. Rep. Pete Gallego, the Alpine Democrat who represented the district from 2013-2015.

See here for more on Gina Ortiz Jones, and here for more on Pete Gallego, who is very busy sending campaign emails for someone who has not officially entered the race. Hulings has been mentioned in every “who might run in CD23” story I’ve seen, but this is the first mention of Treviño I’ve encountered. Of course, Jones wasn’t in those stories either, so make of that what you will. Hulings was one of the US Attorneys in the Crystal City corruption case; I can’t find any web or social media presence for him. Treviño is a bit of a challenge to Google because there’s a Grammy-winning country musician of the same name, but if you search for “rick trevino bernie sanders” you can find this bio of him. Even without a boost from the court, this is a very winnable race, and there will be national help for it. May the best candidate win.

Court invalidates CDs 27 and 35

We are one step closer to having a new Congressional map.

Federal judges have invalidated two Texas congressional districts, ruling that they must be fixed by either the Legislature or a federal court.

In a unanimous decision Tuesday, a three-judge panel in San Antonio ruled that Congressional Districts 27 and 35 violate the U.S. Constitution and the federal Voting Rights Act. The judges found that Hispanic voters in Congressional District 27, represented by U.S. Rep. Blake Farenthold, R-Corpus Christi, were “intentionally deprived of their opportunity to elect a candidate of their choice.” Congressional District 35 — a Central Texas district represented by Democrat Lloyd Doggett of Austin — was deemed “an impermissible racial gerrymander” because mapdrawers illegally used race as the predominant factor in drawing it without a compelling state interest, the judges wrote.

The 107-page ruling — the latest chapter of a six-year court battle over how Texas lawmakers drew political maps — sets up a scramble to redraw the districts in time for the 2018 elections.

The court ordered the Texas Attorney General’s Office to indicate within three business days whether the Texas Legislature would take up redistricting to fix those violations. Otherwise, the state and its legal foes will head back to court on Sept. 5 to begin re-drawing the congressional map — which could shake up other congressional races when the boundaries are changed.

Here is a copy of the ruling, which was unanimous. Michael Li breaks down what this means.

* TX-27 (Farenthold) and TX-35 (Doggett) need to be redrawn – but we knew that already because the court found earlier this year that the configuration of the districts in the 2011 plan was unconstitutional and the 2013 plan made no changes to those districts.

* No further changes need to be made to TX-23 (Hurd) in light of the changes made by the court in the interim plan that then became the 2013 plan. (It is possible there still could be some changes in the Bear County portions of TX-23 as a result of the dismantling of TX-35 but nothing is required).

* No new opportunity district needs to be created in either the Dallas-Fort Worth area. The court’s ruling finds that claims under section 2 of the Voting Rights Act fail because African-Americans and Latinos are not politically cohesive and that any intentional discrimination was adequately remedied by the interim plan/2013 plan as a result of the creation of TX-33 (Veasey).

* No new section 2 district needs to be created in Harris County because African-Americans and Latinos are not politically cohesive.

* BIG FINDING: The court held that the 2013 plan, like the 2011 plan, was intentionally discriminatory. This ruling will play an important role when it comes time for the court to consider whether to put Texas back under preclearance coverage under section 3 of the Voting Rights Act.

From my layman’s perspective, this is a pretty good ruling for the state. CD23 remains intact (though it could be affected by the redrawing of the other two districts), and no new minority opportunity districts need be drawn. The ruling of intent to discriminate is the killer for them, though, as it could mean being put back under preclearance. All things considered, I figure this moves two seats to the Dems, with CD23 remaining a tossup. I suppose Greg Abbott could call another special session to draw a compliant map – they may need another one for the State House soon, too – but I don’t expect that. My guess is the state appeals in the hope of pushing the day of reckoning off into the future, if not winning outright. Stay tuned. The DMN, the Chron, and the Lone Star Project have more.

Gina Ortiz Jones

We have our first declared challenger in CD23.

Gina Ortiz Jones

U.S. Rep. Will Hurd, R-Helotes, is getting his first major Democratic challenger for re-election in Texas’ swing 23rd congressional district.

Gina Ortiz Jones, a former Air Force intelligence officer, is entering the race Wednesday, wading into a potentially crowded primary field for a shot at Hurd, who is widely viewed as the most vulnerable Republican member of Congress from Texas.

Jones said she was inspired to come home to San Antonio and run for Congress after witnessing up close the opening months of Donald Trump’s presidency as a staffer in the Office of the U.S. Trade Representative, which operates from within the Executive Office of the President.

“These policies were directly threatening the opportunities” I had growing up, said Jones, a first-generation American. “To me, it was quite clear that I needed to serve my country and my community in a different way.”

A graduate of John Jay High School in San Antonio, Jones attended Boston University on a ROTC scholarship and served in the Air Force from 2003-2006, deploying to Iraq. After a stint in the private sector, she went to work for the Pentagon’s Defense Intelligence Agency in 2008, ultimately becoming a special adviser to the deputy director. In November, she moved to the Office of the U.S. Trade Representative, where she worked until June.

[…]

Although Jones is the first major Democrat to launch a challenge against Hurd for 2018, at least three others are considering a run. They include Judy Canales, a former Obama and Clinton appointee; Jay Hulings, a federal prosecutor from San Antonio; and former U.S. Rep. Pete Gallego, the Alpine Democrat who represented the district from 2013-2015 and unsuccessfully challenged Hurd last year.

You can find a brief bio of Gina Ortiz Jones here; scroll down a bit. I received a press release with a much longer bio after I did my initial draft of this post, so it’s beneath the fold. Her campaign website is here and her campaign Facebook page is here; both are still bare bones, but one presumes that will change shortly.

As for other candidates, Pete Gallego has said he is seriously considering running again, but has yet to take the plunge. Canales and Hulings, I have heard nothing about, and no one has done any fundraising yet. Which is not that big a deal, as there will be plenty of national support for this race, but sooner is always better than later.

Like many other Democrats jumping into these races, Jones looks impressive, and is also younger than I am, which Lord knows we could use more of. She joins MJ Hegar as a veteran who is now a candidate. This could be a very interesting primary, as Gallego (of whom I am very fond) tends to lean towards the centrist side of things. Regardless, I don’t know how you can look at the large and growing crop of solid candidates we have running and not get excited by them.

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July 2017 campaign finance reports – Congress

It’s July, and that means it’s campaign finance report season. Everyone has reports due at the end of June, so at every level of government there are reports to look at. I’ll be working my way through them, starting today with reports from the many people running for Congress as Democrats this cycle, some of whom have done very well in the fundraising department. I took a look at all of the Q2 FEC reports for Texas Democratic Congressional candidates, and found a few things to talk about. First, here are some of the more interesting reports:

Todd Litton – CD02

Jana Sanchez – CD06

Alex Triantaphyllis – CD07
Lizzie Fletcher – CD07
Laura Moser – CD07
Jason Westin – CD07
James Cargas – CD07
Debra Kerner – CD07
Joshua Butler – CD07

Dori Fenenbock – CD16

Joseph Kopser – CD21
Derrick Crowe – CD21
Christopher Perri – CD21
Elliott McFadden – CD21

Christine Mann – CD31

Ed Meier – CD32
Colin Allred – CD32

Dayna Steele – CD36
Jonathan Powell – CD36

And here’s a summary of what’s in them:


Dist  Name             Raised    Spent    Loans   On Hand
=========================================================
02    Litton          138,702    6,936        0   131,845

06    Sanchez          51,568   29,479        0    19,728

07    Triantaphyllis  451,165   48,776        0   402,389
07    Fletcher        365,721   22,671        0   343,049
07    Moser           234,901   42,530        0   192,370
07    Westin          152,448   32,560        0   119,888
07    Cargas           35,708   27,575   13,750    14,549
07    Kerner           17,173    3,602    2,700    13,571
07    Butler            9,470    7,371        0     2,099

16    Fenenbock       343,835   15,088   50,000   328,746

21    Kopser          204,639   68,816        0   135,823
21    Crowe            44,648   19,936        0    24,811
21    Perri            41,186   15,876    7,140    25,309
21    McFadden         37,209   18,517      500    18,691

31    Mann             19,771    5,820        0    13,685

32    Meier           344,366   45,996   27,848   298,369
32    Allred          205,591   56,993   25,000   148,597

36    Steele           64,627   19,052    1,231    45,574
36    Powell           27,158    5,153        0    22,004

I don’t have all of the candidates in here – there are over 100 reports, including incumbents, candidates from past races who are not active, and people who raised no money – just the ones I felt like mentioning. It’s a bit arbitrary, but I basically included races that had at least one candidate of interest to me. I did not include every candidate from every race – I skipped people in CDs 02, 21, and 32, in particular. Some candidates of interest are not here, specifically Veronica Escobar in CD16, MJ Hegar in CD31, and Pete Gallego in CD23; Escobar has not made her entry official as yet, and both Hegar and Gallego got in too late to have anything to file about.

With all those preliminaries out of the way, let’s note that the top story here is the large number of large numbers. Four Republican incumbents were outraised last quarter by at least one of their Democratic opponents – Ted Cruz, Ted Poe in CD02, John Culberson in CD07, and Lamar Smith in CD21. Pete Sessions in CD32 only just outraised Ed Meier, and once you add in Colin Allred he trailed the Democratic candidates significantly. Suffice it to say, we have never seen anything like this, certainly not since the DeLay re-redistricting. All of these Republicans have an overall cash on hand advantage, but it won’t be anywhere near the kind of advantage they’re used to. When Hegar and Gallego get up to speed, I expect both of them will be in the same class as their peers in these races.

The redistricting ruling is likely to have an effect on this for the next quarter as well. All of the maps presented by the plaintiffs created another Democratic district in the D/FW area, which was usually drawn as CD24, and significantly reconfigured CD27 as well. Neither of those districts currently has anyone who filed a finance report as a Dem, but if one of these maps or something like them gets adopted for 2018, that will change in a hurry.

Disclaimer time: Money isn’t everything, and fundraising isn’t destiny. But think of all the times you’ve heard people complain – or you yourself have complained – about Texas acting as an ATM for campaigns everywhere else. This is all money being raised for candidates here, and it’s happening in a year where there are and have already been plenty of opportunities to fund campaigns in other states. This is a level of enthusiasm and engagement we are not used to seeing. I don’t know how this will all turn out – these are still Republican districts that will take a major shift in the electorate to be competitive. Right now, a lot of people think that’s possible, and they are literally putting their money where that belief is. I don’t see how this is anything but good news.

Will we have enough candidates for the opportunities?

There’s always something to worry about.

With the Texas case moving forward, the boundaries of the congressional districts remain in question with the 2018 elections less than 18 months away. The Lone Star State’s primary filing deadline is in six months.

So, incumbent lawmakers and potential challengers are watching to see where the districts’ boundaries will fall, and weighing how that could affect the outcomes in next year’s midterms.

[…]

National Democrats have heard from candidates interested in [CD23]. And while they expect strong challengers to emerge, none have so far.

“Everyone’s kind of keeping their powder dry until it makes a little more sense to announce,” said [Colin] Strother, the Democratic consultant.

The court also ruled two other districts were unlawful: the 35th District, which stretches from San Antonio to Austin, and is represented by Democrat Lloyd Doggett; and the 27th District along Texas’ central Gulf Coast, represented by Republican Blake Farenthold.

[Michael Li, senior counsel at the Brennan Center for Justice] speculated that, if the court rules the current map is also invalid, a new congressional map could lead to two or three more Democratic seats. Republicans currently outnumber Democrats, 25 to 11, in the Texas delegation.

But one GOP consultant focused on Texas did not believe a new map would result in a significant shift against the Republicans.

“There’s just not enough Democrats to roll around the state to really have massive amounts of change,” the consultant said. “You may lose one seat.”

The consultant also said the uncertainty would not have an effect on congressional campaigns for incumbents, since they are accustomed to the constant legal battles over the congressional lines.

But Strother said Democrats had to be prepared just in case.

“The nightmare scenario for Democrats is we don’t have people preparing for the emergency that this district or that district suddenly gets great for Democrats … and it’s too late,” he said.

Strother said he didn’t see many Democrats preparing for races just yet, but pointed to Joe Kopser in the 21st District as someone jumping in early in a race rated Solid Republican by Inside Elections.

Kopser, an Army veteran and technology businessman, recently announced that he would challenge GOP Rep. Lamar Smith in the central Texas district. It is possible a new congressional map could have a ripple effect and alter the lines of Smith’s district.

While the district is not on the Democratic Congressional Campaign Committee’s list of 2018 targets, the committee is waiting to see how the redistricting case pans out.

I’m not worried about this. Districts that aren’t likely to change or which won’t change that much ether already have candidates or candidates in waiting – Pete Gallego is circling around CD23, for one, and there are other candidates looking at it as well – and in the districts that may change a lot, like CD27, there’s really no choice but to wait and see what they actually look like. Sure, Republican incumbents who are already sitting on a decent pile of campaign cash will have an advantage, but that was always the case, and it may not matter that much in any event, depending on how the districts get drawn. As far as CD21 goes, a look at the FEC reports shows that there are at least three other candidates running against Lamar Smith, one of whom has been out there for a couple of months. We’re going to have plenty of candidates, and some of them will have a decent chance of winning. It’s all good.

Gallego-Hurd 3.0

It could happen.

Pete Gallego

Pete Gallego

Less than a year after he lost his bid to reclaim his U.S. House seat, former U.S. Rep. Pete Gallego, D-Alpine, is seriously considering another run for Congress, citing shifting political winds in Texas’ 23rd congressional district following the election of President Donald Trump.

A 2018 campaign would be Gallego’s third against U.S. Rep. Will Hurd, R-Helotes, who unseated the one-term Gallego in 2014. Gallego then unsuccessfully challenged Hurd two years later, losing by 3,051 votes — an outcome Gallego believes would be much different if the election were held today.

“It’s certainly a different environment out there today than it was six months ago,” Gallego said in an interview. “I have seen a lot of energy and enthusiasm in Democratic ranks — more than I’ve ever seen.”

“Frankly I’m energized about 2018,” Gallego added.

[…]

Gallego could have company in the Democratic primary, where Jay Hulings, an assistant U.S. attorney from San Antonio, and Judy Canales, a former Obama and Clinton appointee from Eagle Pass, are also weighing campaigns. State Rep. Cesar Blanco, D-El Paso, was seen as a possible candidate for the seat but announced last month he will seek re-election to the Texas House.

Hulings’ name came up in some very early speculation about who might run for what next year; this is the first time I’ve heard Judy Canales’ name. I can tell you that as yet no one has filed an FEC finance report, so as of today there are no actual candidates, just theoretical ones. The story suggests, and I have no doubt, that people are waiting to see what the court will do in the redistricting case, given that CD23 is one of the districts at issue. Time is less of a factor here in that as soon as there are any candidates for CD23 they should have no trouble garnering contributions. The amount of money already coming in to candidates in districts far tougher than CD23 is staggering – the contenders in CD07 combined to raise in excess of $1.2 million, for example. Whoever runs in CD23 will have the resources to run a competitive race. It’s a matter of who that will be and what the district will look like.

Redistricting trial update: Invoking privilege

Interesting choice.

Texas’ defense of its electoral maps suffered a setback Friday when a state witness couldn’t defend lawmakers’ intentions for much of his testimony.

[…]

Rep. Drew Darby, R-San Angelo, was the chairman of the House Select Committee on Redistricting in 2013. He invoked legislative privilege for more than 20 minutes Friday during the plaintiffs’ cross-examination.

Legislative privilege, according to the Texas Constitution, protects lawmakers from having to explain their decision process. It prevents them from being called into court to explain every law they pass. But it is used with caution because once invoked, a lawmaker can’t choose to answer any questions on the legislative process.

Nina Perales, a lawyer for the Mexican American Legal Defense and Education Fund, which represents a group of Latino lawmakers in the case, asked whether Darby evaluated amendments to the congressional maps based on racial polarization and whether the maps complied with the federal Voting Rights Act.

She asked whether he analyzed the gains of Latino voting power in certain districts and whether court rulings that previously found discriminatory issues with the maps influenced changes made during the 2013 special session. Perales also posed a question about whether an incumbent had proposed changes to his district to preserve his seat.

But because Darby had invoked legislative privilege and could not testify, it effectively ceded ground to Perales, who laid out her argument unchallenged through her line of questioning.

“The fact that he doesn’t testify about his reasons means that the state has no evidence to counter our evidence,” Perales told The Dallas Morning News.

Like I said, interesting choice. This isn’t a criminal case, and there’s no jury, so I presume the judges are free to draw whatever inferences they want from this.

There was more to the state’s defense than that. Both that story and the Trib have those details.

Throughout the week, lawyers representing plaintiffs have offered several alternative House and congressional maps, which they say demonstrate ways to add more opportunity districts and fix violations judges have flagged in past rulings. (The maps were not aimed at maximizing minority representation in Texas, but rather to meet legal standards.)

John Alford, a political science professor at Rice University who the state offered as an expert witness, dismissed those maps as not addressing the problem that the plantiffs claim exist.

“It’s not possible to create an additional majority-minority district in Texas,” Alford said.

[…]

“I don’t think there’s ever been a more exhaustive attempt to redraw a map, than the one here in Texas,” Alford testified.

The state on Friday sought to poke holes in the maps offered by plaintiffs, which rely partly on “coalition” districts where Hispanic and black voters, only in the majority when combined, could elect candidates of their choice — at least in general elections when they overwhelmingly favor Democrats.

Alford, the state’s expert, criticized the plaintiffs’ demonstrated coalition districts, arguing — largely relying on past Democratic primary election results — that Hispanic and black voters in various districts vote differently, preferring candidates of their own race. He underplayed general election data and testimony from voters, which the plaintiffs point to suggest the minority voting groups clearly coalesce around Democrats following primaries.

In that sense, Alford testified, the maps plaintiffs offered would not address Hispanic voters’ statewide underrepresentation.

Lawyers’ for the plaintiffs criticized the minimal value Alford put on general election data, and they highlighted one instance — an even split in black and Hispanic support for U.S. Rep. Mark Veasey, D-Fort Worth, in his 2014 primary win — that did not fit within Alford’s analysis.

The trial is scheduled to wrap up on Saturday. [US Rep. Will] Hurd is expected to testify, and the judges are also expected to pepper lawyers with a lengthy set of lingering questions.

The judges have forty-five questions for the lawyers, which, wow. Alford has been the state’s go-to expert on redistricting for years; he was their expert witness for all of the litigation that followed the DeLay re-redistricting of 2003. Seems to me a claim that you can’t create another majority-minority district in Texas is ludicrous on its face, but that’s for the judges to decide.

It’s already crowded in CD07

Gonna need a scorecard to keep track of all the players.

Rep. John Culberson

On Wednesday, two Texas Democrats are launching separate campaigns for Congress in a district that’s served as a Republican stronghold since the congressional days of former President George H.W. Bush. One is Alex Triantaphyllis, director of BakerRipley, a community development non-profit; the other is Dr. Jason Westin, a cancer research doctor at MD Anderson.

They are not alone. Four other Democrats have filed campaign papers with the Federal Election Commission, and one other is expected to soon. That’s in addition to two independent candidates, and one Republican primary challenger: Houston businessman David Balat.

Another potential GOP primary challenger is Maria Espinoza, a conservative activist and high profile Trump campaign booster.

Altogether, there could be a dozen candidates, including Culberson, contending in a Texas congressional election that’s still 18 months away.

[…]

“The results of the 2016 election in this district show that the people in this area are concerned about the direction that the president might take us, and I think they will become increasingly concerned that Congressman Culberson has stood with Trump,” said Triantaphyllis.

Westin also sees growing anti-Trump sentiment, particularly around the GOP’s latest Obamacare replacement bill, which Culberson supports. “There are a lot of smart people that don’t buy into some of the circus tricks that Mr. Trump is doing,” he said. “The enthusiasm of the grassroots movement is exciting.”

As you know, I’ve been tracking potential candidates for CD07 for some time now. This story doesn’t add any new names, at least not on the Democratic side. Balat is new (at least to me), while Espinoza ran against Culberson in the 2016 primary along with a third candidate, receiving 17 percent of the vote. I have no idea who the two independent candidates may be, but given that one needs to file a declaration of intent to run as an indy during the regular filing period (which doesn’t begin until November) and also collect 500 valid petition signatures from registered voters in the district who didn’t vote in the primary or primary runoff for either party for that year’s election (i.e., the 2018 primary) in the time period between the primary and 30 days after the runoff in order to qualify for a spot on the ballot, it may be a tad bit premature to care about their identities.

Joshua Butler, another candidate for CD07, recently posted a picture on Facebook of finance report data for several of the contenders in that district. I wouldn’t read too much into that – anyone who still has an active treasury, even if they are not currently a candidate, has to file a report – but it’s another way to keep track of who may be in. The first quarter ended on March 31 and as was the case with Beto O’Rourke’s announcement for the Senate, April and now May are busy times for new candidates to make themselves officially known. The next round of reports in July ought to be quite interesting.

The Chron wasn’t the only media outlet to note this round of activity. Here’s a longer story from the Trib:

Something strange is happening in Texas lately: Ambitious Democrats are coming out of the woodwork to run for Congress in places few in the party paid attention to even just a year ago.

Take the 7th Congressional District currently represented by Houston Republican John Culberson. Four Democrats had already filed for the seat before Wednesday morning, when two more jumped in.

“I’m running for Congress because I think we need to hold the president accountable,” said Alex Triantaphyllis, the director of Immigration and Economic Opportunity at Neighborhood Centers Inc., a Houston nonprofit. He said his young daughter was a motivating force for his run.

“I want her to know that we got results in our efforts, that we didn’t just have good intentions,” he added.

Jason Westin, a cancer researcher, was thinking along similar lines Wednesday morning.

“The politics of late is prompting me to say this is enough, and we need to get new people who aren’t the typical politicians..and get off the sidelines and do something,” Westin said, after his own announcement.

In past cycles, national Democratic groups had a heavy hand in candidate recruitment and telegraphed favored candidates to donors and reporters. This time around, thanks to a burst of anti-Trump enthusiasm and wounds from the 2016 presidential primary fight, party brokers are letting the primary process run its course without playing favorites in many districts around the country – including in Dallas and Houston.

The net result is a crush of candidates lining up to run for office, including three who announced their campaigns on Wednesday.

Triantaphyliss and Westin joined a crowded field vying to run against Culberson that already included Joshua Butler, James Cargas, Debra Kerner and Laura Moser.

ding! New candidate name alert! This is the first mention of Laura Moser as a potential candidate that I have seen. I don’t see any evidence of a campaign website or Facebook page, but Moser has been very actively engaged and has a connection to the Obama administration, so it’s easy to see where that might come from. I do note that Collin Cox, who was in that “very early speculation” post, was not mentioned in either of these stories, which may mean he’s already decided not to run or may mean he just hasn’t made any further steps towards running yet.

I should note that I received press releases from Westin and Triantaphyliss with their announcements, and later in the day I got one from Kerner, who made her own announcement. I’ve put them all beneath the fold. Looks like I may need to get going on creating an Election 2018 page, which means I’ll also need to create an Election 2017 page. It’s crazy.

Back to the Trib story:

Up north in Dallas, former Hillary Clinton staffer Ed Meier also announced he would join former NFL player Colin Allred in running for the Democratic nomination to take on U.S. Rep. Pete Sessions. Four other filed candidates – Awbrey Tyler Hughlett, Stephen Leroy Love, Ronald William Marshall and Darrell Allen Rodriguez – have also filed to run for the seat.

Party officials anticipate even more candidates to run in both districts.

“It is extremely unique – we don’t usually have this volume of conversations by April of the off-year,” said Jeff Rotkoff, of candidate outreach to his organization, the Texas AFL-CIO. “We have more interest in people running for Congress than I’ve ever experienced in my career.”

The DMN also notes Meier’s candidacy in CD32. I’m going to guess that the reason there isn’t an equally big rush towards CD23, which is the bluest of these three Clinton-carried districts, is that its status is in a bit of limbo due to the redistricting litigation. I figure someone will come forward in that district sooner or later anyway.

I said before that I believe there is a limit to how many candidates can and will run in these primaries. There’s only so much money and volunteer energy to go around. We won’t know for sure until the filing season officially opens. But so far at least, it’s looking like I may be wrong about my belief in the natural size of these races.

UPDATE: Naturally, as I had drafted this post based on the early version of that Chron story, the fuller version of that story then came out. I would have written this differently if I had only seen the later version, but them’s the breaks. This version includes more names and covers a lot of the same ground as the Trib story, and it throws a couple of new names into the mix as well:

In addition to the six Democrats who have formally announced or filed federal election papers, Houston trial lawyer Lizzie Pannill Fletcher told the Chronicle on Wednesday that she is “very close to making the decision to step into this race.”

Ronald Kimmons, a former missionary and Reform Party member who works as a writer and translator, rounds out the field.

Like I said, you’re going to need a scorecard to keep up with all the names. I’m going to do my best to try.

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Precinct analysis: Congressional districts

The Texas Legislative Council now has full data from the 2016 elections on its site, so this seemed like as good a time as any to take a look at the data from Congressional districts. I’m much more limited in what I can do when I have to rely on precinct data from counties because most of Texas’ Congressional districts span multiple counties. But now statewide data is available, so here we go. I’m just going to look at districts where the Presidential numbers were interesting.


Dist  Clinton  Trump  Obama  Romney
===================================
02      42.8%  52.0%  35.6%   62.9%
03      39.9%  53.8%  34.1%   64.2%
06      41.6%  53.8%  40.7%   57.9%
07      48.2%  46.8%  38.6%   59.9%
10      42.8%  51.9%  38.8%   59.1%
21      42.1%  51.9%  37.9%   59.8%
22      43.9%  51.7%  36.7%   62.1%
23      49.4%  45.9%  48.0%   50.7%
24      44.3%  50.5%  38.0%   60.4%
31      40.1%  52.6%  38.1%   59.4%
32      48.4%  46.6%  41.5%   57.0%

Some of this we’ve covered before – CDs 07, 23, and 32 are well-known and are on the national radar for next year. CD03 will be open following the retirement of Rep. Sam Johnson. CDs 24, which is mostly in Dallas County, and 22, which is of course Tom DeLay’s old district, deserve a bit more attention and would fall into the next tier below the top three, with CDs 02 and 10 right behind them. And as a matter of personal pleading, I’d really really love to see strong challenges to Lamar Smith in CD21 and Smokey Joe Barton in CD06, two of the worst anti-science and pro-pollution members of Congress.

Now as we know, the Presidential numbers only tell us so much. So as I have done before, here’s a look at the Court of Criminal Appeals races in these districts – just the one in each year that had three candidates, for apples-to-apples purposes – and for this chart I’m going to chow number of votes, to give a feel for how big the gap that needs to be closed is.


Dist    Burns   Keasler  Hampton   Keller  D Gain
=================================================
02    106,167   157,226   84,547  149,242  13,636
03    109,738   187,916   84,352  163,247     717
06    108,272   151,766   98,393  139,344  -2,043
07    107,250   136,246   88,992  134,699  16,711
10    122,499   172,155  100,660  149,355    -961
21    133,428   198,190  110,841  177,330   1,827
22    123,063   171,694   89,624  152,471  14,216
23    105,145   106,067   86,991   92,805   4,892
24    107,986   152,545   87,300  143,217  11,424
31    104,601   159,173   85,689  134,433  -5,828
32    113,659   146,526   99,453  136,691   4,371

A bit more daunting when looked at this way, isn’t it? The “D Gain” column is the net change in the difference between the Republican and Democratic candidates’ vote totals each year. In 2012 in CD02, Sharon Keller beat Keith Hampton by 64,695 votes, but in 2016 Mike Keasler beat Robert Burns by “only” 51,059 votes, for a net Democratic gain of 13,636. This is intended to give a rough guide to what the partisan shift in each district was, and as you can see it was much bigger in some than in others, with there being a net loss in CDs 06, 10, and 31. I have to pause for a moment here to tip my cap to Rep. Will Hurd in CD23, who held his seat in a much less Republican-friendly environment that elected Pete Gallego in 2012. No one in CD23 will ever have an easy election, and 2018 may well be more challenging for Hurd than 2016 was, my point here is simply to say that we should not underestimate this guy. He’s already shown he can win in adverse conditions.

Still, sufficient Democratic turnout could swamp Hurd’s boat, as has happened to other strong candidates of both parties in the past. (A less-Republican redrawn map could also do him in.) The Keasler/Burns numbers suggest that the other two on-the-radar districts (CDs 07 and 32) are also good targets for concentrated turnout efforts. In all cases, though, I believe a key component to any winning strategy will be to make a vote for Congress as much about “sending a message” to an unpopular and incompetent President as anything else. The more Rs you can flip, and the more who decide to stay home, the lower your turnout-boost goals need to be. I don’t know what the conditions will be like in a year and a half, but I do know that energy spent between now and then in these districts to register new voters (and re-register those who have fallen off the rolls) will be energy well utilized.

I will close by noting that there is in fact a candidate for CD21 at this time, Derrick Crowe, who has a pretty good looking background for a first-time candidate. We’ll see how he does in fundraising and other metrics, but for those of you in the district or who are looking for someone to support against the odious Lamar Smith, check him out. It’s never too early to get off to a good start.

Very early speculation about Congressional campaigns

The Trib rounded up all the scuttlebutt about who may be running for various Congressional districts next year. I’ve picked out a few to comment on.

CD07:

National Democrats are interested in Houston attorney Collin Cox and Alex Triantaphyllis, the director of Immigration and Economic Opportunity at Neighborhood Centers Inc., a Houston nonprofit, as possible recruits.

Conservative groups have also hinted at a possible primary challenge to Culberson. The Club for Growth just announced it was launching a TV ad in his district urging him to oppose a border adjustment tax.

There are four other candidates orbiting around CD07 that I know of; this is the first I’ve heard these two names. I’ve met Cox, who I know has been a contributor in numerous city races. I’ve not met Alex Triantaphyllis, but I assume he is related to Tasso Triantaphyllis, who was a Democratic candidate for district court judge in 2002. I don’t think there’s enough room in a Democratic primary for a traditionally Republican Congressional seat for six candidates, but who knows? And while Cox and Triantaphyllis may have caught the eye of the DCCC, this is one of those times where that probably doesn’t matter much, at least not for March. People are paying attention to this race now – there’s already a candidate forum for May 9 – and I daresay anyone who wants to make it to a runoff next year needs to be out there attending meetings and rallies and talking to people. Don’t sleep on this.

CD16:

El Paso County Judge Veronica Escobar, a Democrat, is at the center of local and Washington speculation but is taking her time deciding on making a run official.

Other contenders are watching her movements, and they may soon get impatient. Other frequently mentioned names include state Rep. Cesar Blanco, who is well-regarded in Washington from his days as a staffer in the U.S. House to Democrat Pete Gallego. He is also mentioned as a potential Democratic recruit for the 23rd District.

This is the seat that Beto O’Rourke will be vacating. It makes sense for this Democratic seat to have a crowded primary, so assume there are plenty of other hopefuls looking at it. I’ve been impressed by Rep. Blanco, but it’s way early to speculate.

CD23:

The key here, in the Democratic worldview, is whether the 23rd District’s lines are redrawn amid ongoing redistricting litigation. Should new lines make this district easier for Democrats, look for a competitive primary.

Hurd’s rival from the past two cycles, Democratic former U.S. Rep. Pete Gallego, told the Tribune he would consider running for the seat again under new lines.

“If there’s a new map, then there’s a new race,” Gallego said. Other Democrats are likely to give the seat a serious look, including Blanco, the El Paso-based state representative.

But national Democrats are also looking into an up-and-comer in San Antonio: Assistant U.S. Attorney Jay Hulings. A former Capitol Hill staffer on the House Permanent Select Committee on Intelligence, Hulings is a member of the Castro twins’ Harvard Law School class.

Whether there are changes to this district or not, Rep. Hurd will be a tough opponent. He may get swamped by national conditions, but it will take some work to tie him to Trump. I’ve always liked Pete Gallego but after two straight losses it might be time for a different candidate.

CD27:

This is the general election race most reliant on external factors.

Former state Rep. Solomon Ortiz Jr. told the Tribune he is considering a Democratic run for this Corpus Christi-based seat — but on the condition that the district’s lines change amid ongoing redistricting litigation.

This one is only interesting if the state’s attempts to delay or deny a new map are successful. I wish it were different, but CD27 was slightly redder in 2016 than it was in 2012, so new lines are the only real hope.

CD32:

There is no shortage of Democrats considering a challenge to Sessions. Dallas school board member Miguel Solis, Children’s Medical Center senior vice president Regina Montoya, former NFL player Colin Allred and former Hillary Clinton staffer Ed Meier are frequently named as possible recruits.

Allred is officially in.

Civil rights attorney Colin Allred has launched a campaign to unseat Rep. Pete Sessions of Dallas.

But first the former NFL player will have to run in a potentially crowded Democratic primary for the 32nd Congressional District. A former Hillcrest High School standout, he hopes his connection to the North Dallas district attracts him to voters.

“I was born and raised in this district by a single mother who taught in Dallas public schools for 27 years,” Allred said. “This community — my mom, my teachers, and my coaches — gave me the opportunity to succeed, play in the NFL, become a civil rights attorney and work for President Obama. I want to make sure future generations have the same opportunities and to make sure those values are being represented in D.C.”

Allred, 34, told The Dallas Morning News that he was inspired to challenge Sessions by the “grassroots energy” displayed after the 2016 election of President Donald Trump.

Sounds pretty good to me, but as noted he will not have a clear field. One primary opponent he won’t have is Miguel Solis, who says in the story that he will not be a candidate. We’ll see who else gets in, but I am looking forward to hearing more from Colin Allred.

UPDATE: I am informed that Regina Montoya is not at Children’s Medical Center any more. That bit of information came from the Texas Tribune story that I was quoting from, so I am noting it here as well.

Seems like it’s just a matter of time before Beto O’Rourke announces his Senate campaign

Soon.

Re. Beto O’Rourke

Eyeing a takedown of Ted Cruz, U.S. Rep. Beto O’Rourke may be on the verge of declaring his candidacy for a 2018 Senate race, the next best gauge whether Texas Democrats are enjoying the resurgence they claim.

O’Rourke, D-El Paso, made national news last week along with U.S. Rep. Will Hurd, R-San Antonio, when they drove together to Washington in a rental car after an East Coast storm canceled many flights.

Their “bipartisan congressional town hall,” intended to show how members of different political parties can get along, drew thousands of followers via live streaming as the two talked about substantive matters, joked with one another and even joined in song along the way.

The congressmen announced Wednesday that the San Antonio to D.C. trip will become an annual event – to be called the Congressional Cannonball Run – and that other bipartisan teams from Congress will be invited to join.

Along with O’Rourke, U.S. Rep. Joaquin Castro, D-San Antonio, is considering the 2018 Senate race and next month intends to make known his decision.

The whole O’Rourke-Hurd bipartisan road trip thing made me roll my eyes, but it accomplished the important purpose of generating a lot of positive attention for O’Rourke, which is no small thing for an otherwise not well known politician from El Paso who wants to mount a statewide campaign. Name recognition is a big deal, and getting that much publicity for free speaks well to his ability to campaign.

The Statesman has a longer profile of O’Rourke, which again speaks to his ability to get noticed. I’m going to focus here on the inevitable “can he win?” stuff.

Texas Democrats last won statewide office 1994. Cruz was elected to the Senate by a margin of 16 percentage points after a come-from-behind victory over Lt. Gov. David Dewhurst in a GOP primary runoff. Cruz quickly became the most popular Republican in Texas, but his strong but failed presidential bid and his up-and-down relationship with candidate and now-President Donald Trump have brought his approval ratings down to earth.

Meanwhile, this is about the time in the political cycle when Democrats succumb to hope over experience.

In June 2013, Democratic hearts soared when then-state Sen. Wendy Davis of Fort Worth filibustered abortion legislation, drawing national attention and social media acclaim that led her to a run for governor in which she raised an enormous amount of money on the way to a 20-point drubbing.

[…]

Trump’s epic unpredictability adds an element of uncertainty for 2018 in Texas as everywhere else and, for Democrats, an urgency to harness all the anti-Trump energy at the grass roots.

“Talk to anybody who works in politics in Democratic and progressive circles in Texas,” said Jeff Rotkoff, a veteran Democratic political strategist who is now director of campaigns for the Texas AFL-CIO. “You would get near unanimous agreement with the statement that interest in political participation by average folks who have not participated in politics in the past is through the roof, and it’s impossible not to connect that to Trump.”

The state Democratic Party says it finds itself deluged with unusual interest by potential candidates at every level, and Texas Democratic Party Chairman Gilberto Hinojosa said that even the possibility of an O’Rourke-Castro contest does not distress him.

“Truthfully, after so many years having a difficult time getting strong candidates to run for the U.S. Senate, it’s a great problem to have,” Hinojosa said.

“I think it’s a healthy thing that both of them feel that they would seriously consider seeking the nomination for the U.S. Senate because they think that Ted Cruz is beatable and because they believe that the atmosphere that is being created in Texas and all across America by the Trump phenomenon is going to make a better atmosphere for Democrats in 2018,” Hinojosa said. “Trump is the gift that keeps on giving.”

O’Rourke said he has been buoyed by recent visits to Fort Worth, Wichita Falls, Amarillo, Austin, Killeen, Waco, College Station, Corpus Christi, Brownsville, McAllen, Laredo, Houston, Dallas and any number of smaller town in between, often meeting with veterans’ service organizations. O’Rourke serves on the Veterans Affairs and Armed Services committees.

Midland, Odessa, Big Spring and Abilene were on the schedule for this weekend.

I’ll address this in more detail in a separate post. For now, focus on the assertions that interest in political participation by folks who had not previously been terribly engaged is way up. The May elections may give us a bit of data to measure that, though we won’t really know until next year. I think we can all agree that getting people more engaged and involved is the first step towards getting more people to vote next year, and any chance Beto O’Rourke or Joaquin Castro – or Mike Collier or anyone else who runs statewide or in one of those target districts – has of being elected starts with that.

Court rules several Congressional districts were illegally drawn

Bam!

Some of Texas’ 36 congressional districts violate either the U.S. Constitution or the federal Voting Rights Act, a panel of federal judges ruled Friday.

In a long-delayed ruling, the judges ruled 2-1 that the Texas Legislature must redraw the political maps it most recently used for the 2016 elections.

Specifically, they pointed to Congressional District 23, which stretches from San Antonio to El Paso, takes in most of the Texas-Mexico border and is represented by Republican Will Hurd of Helotes; Congressional District 27, represented by Blake Farenthold, R-Corpus Christi; and Congressional District 35, a Central Texas district represented by Lloyd Doggett, D-Austin.

The 166-page ruling by the San Antonio-based district was the latest in a complicated case that dates back to 2011, and comes just two election cycles away from the next U.S. Census — when the state would draw a new map under normal circumstances.

In 2013, the district court found evidence that lawmakers intentionally discriminated when redrawing the boundaries. But the U.S. Supreme Court soon complicated the case when it struck down a key section of the Voting Rights Act that had forced Texas to seek permission before making changes to election procedures.

But that didn’t end the legal battle. The U.S. Department of Justice and other plaintiffs pressed on in the case, and Texas held elections using interim maps drawn by judges.

In its decision Friday, the court still found that “mapdrawers acted with an impermissible intent to dilute minority voting strength or otherwise violated the Fourteenth Amendment” of the Constitution.

“The Court finds that this evidence persuasively demonstrates that mapdrawers intentionally packed [concentrated certain populations] and cracked [diluted certain populations] on the basis of race (using race as a proxy for voting behavior) with the intent to dilute minority voting strength,” U.S. District Judges Orlando Garcia and Xavier Rodriguez wrote in the majority opinion.

In his dissenting opinion, Judge Jerry Smith of the U.S. Fifth Circuit Court of Appeals called the case moot under previous rulings, and he  sharply criticized the Justice Department.

Tale about a Friday news dump – I literally saw this on Facebook just before going to bed Friday night. We have been waiting forever for a ruling in this case. Note that this is only half of what we have been waiting for – there is still a ruling to come on the State House map, too. But for now, the status of the 2018 elections has changed. The Lone Star Project adds on.

The court singled out violations in the Corpus Christi region involving District 27 (Farenthold – R), in the South Texas/Border region involving District 23 (Hurd – R) and in the Austin to San Antonio region involving District 35 (Doggett – D). The Court also ruled that minority voters in the Dallas/Fort Worth area were illegally cracked under the 2011 map.

While it is too early to know exactly what changes will be made, it is fair to read the opinion as requiring that Hispanic voters put into Anglo-controlled CD27 in the current map must be returned to an effective Hispanic district, that Hispanic voting strength weakened in District 23 must be restored, and that District 35 in the Austin to San Antonio corridor will have to be modified to reunite minority voters in a far less fragmented district centered in Austin.

In Dallas/Fort Worth, the creation of District 33 (Veasey – D) in the current map may have resolved some of the blatant violations under the 2011 map; however, arguments will be made to repair remaining cracked Hispanic and African American neighborhoods in Dallas and Tarrant counties.

The ruling is a major victory for minority citizens and their advocates before the court. Minority advocacy groups including LULAC, NAACP, the Mexican American Legislative Caucus and citizen plaintiff groups led by Congressman Marc Veasey and State Representative Eddie Rodriguez had the courage to challenge the GOP map and the tenacity to stay with a long and difficult court battle. Their efforts have defended and protected the voting rights of thousands of otherwise disenfranchised Texas citizens. The Lone Star Project has been engaged in the Texas redistricting battle from the onset and will continue to provide support to key plaintiffs in this important effort.

We should expect the San Antonio Court to schedule a hearing soon to discuss the additional deliberations needed to fully resolve the case and to reach a final remedy. It is also likely that Governor Greg Abbott will refuse give up Texas GOP efforts to protect a discriminatory redistricting process and will direct state attorneys to explore appeal options.

I’d say it’s not “likely” that Abbott appeals, it’s a 100% gold-plated certainty. Rick Hasen quotes from the majority decision to explain what that “minority voters in the Dallas/Fort Worth area were illegally cracked under the 2011 map” means:

Plaintiffs have established a § 2 violation, both in terms of intent and effect, in South/West Texas. Plaintiffs have shown that seven compact majority-HCVAP districts could and should be drawn there that would substantially address the § 2 rights of Hispanic voters in South/West Texas, including Nueces County. Defendants’ decision to place Nueces County Hispanic voters in an Anglo district had the effect and was intended to dilute their opportunity to elect their candidate of choice.

Meanwhile, race predominated in the drawing of CD35, and Defendants’ decision to place majority- in Travis County was not to comply with the VRA but to minimize the number of Democrat districts in the plan overall. Plaintiffs have established a Shaw-type equal protection violation with regard to CD35. Plaintiffs also establish a Shaw-type equal protection violation with regard to CD23. In addition, Defendants’ manipulation of Latino voter turnout and cohesion in CD23 denied Latino voters equal opportunity and had the intent and effect of diluting Latino voter opportunity. Nueces County Hispanics and Hispanic voters in CD23 have proved their § 2 results and intentional vote dilution claims. The configurations of CD23, CD27, and CD35 in Plan C185 are therefore invalid.

Plaintiffs fail to proffer a demonstration plan accompanied by sufficient evidence to demonstrate that additional compact minority districts could be drawn in DFW or Houston, taking into account traditional redistricting principles and communities of interest. However, they are not precluded from raising § 2 results claims with regard to Plan C235 during the trial on that plan. Plaintiffs have proved intentional vote dilution through packing and cracking in DFW and also establish a Shaw-type racial gerrymandering claim with regard to CD26, but not CD6. However, they fail to prove intentional vote dilution in the Houston area, and fail to prove that mapdrawers acted with racially discriminatory purpose when drawing the districts represented by the African-American Congresspersons.

Well, okay, we’ll need to see a proposed remedy to understand what that means, but the bottom line is that four districts could be directly affected – CDs 23, 26, 27, and 35 – with ancillary changes to some number of adjoining districts. In a subsequent post, Hasen provides some extra guidance to this decision.

2. Bail in. It probably is not obvious to those not steeped in this area, but the big fight here is not about these particular districts (although that is important) but whether Texas gets put back under Section 5 preclearance for up to 10 years. That is possible under Section 3, the “bail-in” provision of the VRA which gives a court the ability to impose preclearance after a finding of intentional race discrimination. That finding is here, and the case is still going to go forward on that issue (as well as some other issues). Further, the finding of intentional race discrimination will almost certainly be relied on if, as I expect, the trial court in the Texas voter id case, finds intentional racial discrimination and orders bail in. So this is huge. (The caveat is how a Trump DOJ would enforce such rights if Trump is still in office. I’m not optimistic, and there’s no appeal of a DOJ decision to grant preclearance. Preclearance of post-2020 redistricting will depend on who wins the 2020 presidential elections.)

3. Race or party. I have been writing a lot about the race or party question: what to do about claims of racial discrimination when, as in the American South, race and party are so closely correlated. The majority approach, is subtle and sophisticated on this question, and seems to fall mostly on the party as a proxy for race (“party as race”) approach to the question. When you make it harder for minority voters to exercise political power for your own political reasons (such as protecting incumbents or your party), this counts as intentional race discrimination. Judge Smith takes the “race or party” approach, and he believes he knows what’s “really” going on: this is all about party, rather than race. It is either blind to the realities or ignoring the fact that these two criteria are really inseparable in Texas.

4. The remedy and what comes next. The trial court does not order anything to happen right now. The parties will fight about the remedy. Likely Texas will get a chance to redraw districts with some deference to Texas as to that which is not a violation. The parties will fight over the plans. And this will get dragged out. But presumably there will be new maps in place for the 2018 congressional elections, unless the Supreme Court intervenes. I fully expect Texas to try to get the Supreme Court to intervene in the interim. At most these lines would last 2 elections, and then we are back to a new round of redistricting. And this shows what is lost by preclearance. We’ve now had three elections that arguably should never have taken place under these lines.

There’s more, so read the rest. If this case proceeds from here as the post-2003 redistricting litigation did, we will get a bunch of November of 2018 special elections in these Congressional districts, with the possibility of special elections in some number of redrawn State House districts as well. If that doesn’t sound like your idea of fun, then you’re reading the wrong blog. Daily Kos and the Chron have more.

DCCC says it will aim for three Texas Congressional seats

We’ll see what this means in practice.

The House Democratic campaign arm, the Democratic Congressional Campaign Committee, announced Monday morning that the party intends to target two longtime GOP incumbents that, until recently, have long been considered locks for re-election: U.S. Reps. Pete Sessions of Dallas and John Culberson of Houston.

The two races are in addition to the committee’s targeting of U.S. Rep. Will Hurd of San Antonio, who represents Texas’ 23rd District, a perennial target which includes much of the state’s border communities.

[…]

Democratic presidential nominee Hillary Clinton carried all three districts in November, falling just short of an outright majority in each place, according to a DCCC analysis of election records. In contrast, Republican presidential nominee Mitt Romney won the same districts in 2012.

While many political observers say Clinton’s performance was likely a one-time phenomenon in the Sessions and Culberson districts, it could serve as a warning sign to Republican incumbents as split-ticket voting is a diminishing habit.

Culberson’s district saw the most dramatic shift: Romney carried the seat with 60 percent of the vote. Four years later, Trump drew 47 percent support, according to the DCCC.

[…]

Democrats on Capitol Hill say President Trump’s performance in Texas against Clinton is why they are concentrating on a state they mostly ignored in the last several cycles, save for Hurd’s district. Trump’s 9-point win over Clinton in Texas was the narrowest for a Republican presidential candidate in 20 years.

Democrats further argue that Trump underperformed in Texas’ urban areas, particularly in Dallas and Harris Counties. At least one Democratic operative close to leadership who was not authorized to speak on the record called the president a potential “albatross around their neck.”

Multiple interviews with House Democratic sources have yet to scare up any possible recruits in the two districts.

“It’s more of a, ‘Where can we go and create opportunities?'” said Moses Mercado, a plugged-in Washington lobbyist with Texas roots.

See here for some background. There’s no doubt that Trump underperformed in urban areas like Houston and Dallas. Further, the evidence I have so far suggests that the underlying partisan mix shifted in Democrats’ favor at least in CD07 and likely CD32; I have not had a chance to look at any part of CD23 yet. CDs 07 and 32 are still reliably Republican, but they are not overwhelmingly so. If 2018 winds up being a strong Democratic year, they’re in the ballpark. Even if not, if the partisan ground shifts by as much between 2016 and 2020 as it did between 2012 and 2016, then these two become genuine swing districts. Just in time for the next round of redistricting, to be sure, but still. It makes sense to pay attention to them, and there’s no reason not to start now.

For all the time I’ve spent cautioning about Presidential numbers versus judicial race numbers in gauging legislative districts, I am intrigued by the potential here. There were large numbers of Republicans in CD07 and CD32 who voted for Hillary Clinton over Donald Trump, and a few more who voted for Gary Johnson or Evan McMullin or some other minor candidate instead of Trump. Surely some of these people, even as they generally voted Republican otherwise, will be open to the argument that in this election, if they still oppose Trump and want to do something to stop him, they need to vote against the members of Congress who are enabling him. I don’t know how many of these crossover voters might be willing to consider that – whatever the number is today, it may well be very different next fall – but we have some time to identify them and to figure out the best way to present that argument to them. If the DCCC really is serious about this, one way they can show it is to do a deep analytics dive into the precinct-level data and figure out who their target audience is. The hard part will be coming up with a message that is persuasive to them without alienating core Democrats, who are not going to be very tolerant about appeals to centrism or bipartisanship. A simple motto of “oppose Trump by opposing this Congressman who stand with him” is probably best.

As for finding candidates, we already have one in CD07, and I’m sure there will be plenty of people interested in CD23, as it is perennially competitive. As for CD32, again I’m sure there will be plenty of people who might want to run, but let me put in a good word for Allen Vaught, Army Reserve captain in Iraq and former State Rep from Dallas. I have no idea if he might be interested, but I do know he’d be a good candidate. D Magazine suggests current Dallas Mayor Mike Rawlings, who would also be a fine choice. Let the recruiting begin!

Precinct analysis: Texas Congressional districts

From Daily Kos:

Texas’s GOP-drawn congressional map was designed to create 24 safely red seats and 11 safely Democratic districts, with only the 23rd District in the western part of the state being truly competitive. In 2012, Mitt Romney carried the state 57-41 and won those 24 red seats by double digits, while Barack Obama easily carried the 11 Democratic districts; the 23rd backed Romney 51-48.

Things were a lot more interesting in 2016, with Donald Trump defeating Hillary Clinton by a smaller 52.5-43.5 margin, the closest presidential election in Texas in decades. Clinton won all the Obama districts, as well as the 23rd and two solidly Romney seats, the 7th and 32nd. However, the GOP still holds all the districts that Romney won in 2012, while Democrats have all the Obama/Clinton districts. The map at the top of this post, which shows each district as equally sized, illustrates all this, with the three Romney/Clinton districts standing out in pink.

We’ll start with a look at Texas’s 23rd District, which stretches from El Paso to San Antonio and went from 51-48 Romney to 50-46 Clinton. However, the swing wasn’t quite enough for Democrats downballot. Republican Will Hurd narrowly unseated Democrat Pete Gallego in the 2014 GOP wave, and he won their expensive rematch by a similarly tight 48-47 margin.

Surprisingly, two other Texas Republicans have now found themselves sitting in seats Clinton won. Romney easily carried the 7th, located in the Houston area, by a wide 60-39 spread, but the well-educated seat backed Clinton by a narrow 48.5-47.1. Republican Rep. John Culberson still decisively turned back a challenge from a perennial candidate 56-44, and it remains to be seen if Democrats will be able to field a stronger contender next time—or whether the GOP’s weakness at the top of the ticket was a one-time phenomenon due solely to Trump.

The 32nd in the Dallas area also swung wildly from 57-41 Romney to 49-47 Clinton. However, Democrats didn’t even field an opponent against longtime GOP Rep. Pete Sessions, a former head of the NRCC who’s capable of raising as much money as he needs to in order to win. This is another well-educated seat where we’ll need to see if Democrats will be able to take advantage of Trump’s weaknesses, or if The Donald’s 2016 problems don’t hurt the GOP much downballot in future years.

Seven other Republican-held seats also moved to the left by double digits. The closest result came in Rep. Kenny Marchant’s 24th District in the Dallas-Forth Worth suburbs, which Trump won just 51-45 after Romney cruised to a 60-38 win four years earlier. Marchant beat a penniless opponent 56-39, so this district could also wind up on Democratic watch lists.

They mention a few other districts in which Clinton exceeded Obama’s numbers by a significant amount; I’ll get to that in a minute. I’ve discussed CD07 and CD32 before. We know that while Clinton carried CD07, it was largely due to Republican crossovers, as the average judicial race clocked in at a 56.5% to 43.5%b advantage for Trump. I can now make a similar statement about CD32, as I have been working my way through the canvass data in Dallas County. (CD32 reaches into Collin County as well, but I don’t have canvass data for it. The large majority of the district is in Dallas County, however.) Hillary Clinton won the Dallas County portion of CD32 by ten thousand votes, basically 127K to 117K. No other Democrat in Dallas County carried CD32, however. Looking at the judicial races there, Trump generally led by 20K to 25K votes, so the crossover effect was significant. The closest any Dem came to matching Clinton in CD32 was two-term Sheriff Lupe Valdez, who trailed in the Dallas portion of CD32 by a 125K to 116K margin.

I may go back later and look at CD24, about forty percent of which is in Dallas County, and I will definitely look at CD23 when we have full statewide numbers. If you had told me that Clinton would carry CD23, I’d have been sure that Pete Gallego would reclaim the seat, but that didn’t happen. I’ve got to give credit to Rep. Will Hurd for that, though I doubt he will ever have an easy time of it going forward. As for the other districts, I’ll just say this: Back when we were all getting intoxicated by the alluringly tight poll numbers in Texas, I ran the numbers in every district to see what might happen if you adjusted the 2012 returns to reflect a 50-50 Presidential race. The short answer is that while several Congressional districts become a lot more competitive, none of them swing to majority Dem, even under those much more favorable circumstances. This is a testament to how effective that Republican gerrymander is, and a sobering reminder of how much ground there is to recover before we can make any gains. The 2016 Presidential numbers may tantalize, but they are illusory.

One more thing: The full 2016 Congressional numbers, along with the corresponding 2012 numbers, are here. Let me break them down a bit:


Trump up, Clinton down

Dist   Romney   Trump   Obama  Clinton  R Diff  D Diff
======================================================
CD01     71.6    72.2    27.5     25.3    +0.6    -2.2
CD04     74.0    75.4    24.8     21.8    +1.4    -3.0


Trump down, Clinton down

Dist   Romney   Trump   Obama  Clinton  R Diff  D Diff
======================================================
CD05     64.5    62.7    34.4     34.3    -1.8    -0.1
CD11     79.2    77.8    19.6     19.1    -1.4    -0.5
CD13     80.2    79.9    18.5     16.9    -0.3    -2.6
CD14     59.3    58.2    39.5     38.4    -1.1    -1.1
CD15     41.5    40.0    57.4     56.7    -1.5    -0.7
CD19     73.6    72.5    25.0     23.5    -1.1    -1.5
CD27     60.5    60.1    38.2     36.7    -0.4    -1.5
CD28     38.7    38.5    60.3     58.3    -0.2    -2.0
CD30     19.6    18.3    79.6     79.1    -1.3    -0.5
CD34     38.3    37.7    60.8     59.2    -0.6    -1.6
CD36     73.2    72.0    25.7     25.2    -1.2    -0.5

Trump down, Clinton up

Dist   Romney   Trump   Obama  Clinton  R Diff  D Diff
======================================================
CD02     62.9    52.4    35.6     43.1   -10.5    +7.5
CD03     64.3    54.8    34.2     40.6    -9.5    +6.4
CD06     57.9    54.2    40.8     41.9    -3.7    +1.1
CD07     59.9    48.5    38.6     47.1   -11.4    +8.5
CD08     77.0    72.7    21.7     23.9    -4.3    +2.2
CD09     21.1    18.0    78.0     79.3    -2.9    +1.3
CD10     59.1    52.3    38.8     43.2    -6.8    +4.4
CD12     66.8    62.9    31.7     32.7    -3.9    +1.0
CD16     34.5    27.2    64.2     67.9    -7.3    +3.7
CD17     60.4    56.3    37.7     38.8    -4.1    +1.1
CD18     22.8    20.0    76.1     76.5    -2.8    +0.4
CD20     39.7    34.3    58.9     61.0    -5.4    +2.1
CD21     59.8    52.5    37.9     42.5    -7.3    +4.6
CD22     62.1    52.1    36.7     44.2   -10.0    +7.5
CD23     50.7    46.4    48.1     49.7    -4.3    +1.6
CD24     60.4    50.7    38.0     44.5    -9.7    +6.5
CD25     59.9    55.1    37.8     40.2    -4.8    +2.4
CD26     67.6    60.9    30.7     34.4    -6.7    +3.7
CD29     33.0    25.4    65.9     71.1    -7.6    +5.2
CD31     59.6    53.5    38.3     40.8    -6.1    +2.5
CD32     57.0    46.6    41.5     48.5   -10.4    +7.0
CD33     27.1    23.7    72.0     72.9    -3.4    +0.9
CD35     34.6    30.5    63.0     64.1    -4.1    +1.1

You want to know why we’ll never get rid of Louie Gohmert? He represents CD01, one of two districts where Trump improved on Mitt Romney’s numbers. That’s why we’ll never get rid of Louie Gohmert. In the other districts, the main difference between 2016 and 2012 is the performance of third party candidates, especially Libertarian Gary Johnson. I don’t have vote totals, and the dKos spreadsheet doesn’t include the other candidates, so it’s hard to say exactly what happened at this time. For sure, in some of these districts, there was a shift towards the Democrats. I’ve noted before that the “true” level of Democratic support in CD07 was about 43.5%, but that’s still four or five points better than it was in 2012. When the full statewide numbers come out, probably next month, I’ll be able to do more detailed comparisons. For now, this is what we have. Look over the dKos data and see what you think.

Early voting, Day Eight: We do have a pretty good idea of who has been voting so far

Why such a mushy article about the state of early voting so far?

Still the only voter ID anyone should need

Still the only voter ID anyone should need

Because Texas voters can use a single click to back an entire slate, the down-ballot candidates running countywide have ever-slimming chances of influencing their destinies. As polarization and straight-ticket voting grow, the outlook is even more challenging for judicial candidates, who do not like touting their candidacies in a partisan way in the first place.

“It’s a hell of a way to run a railroad,” said District Court Judge Ted Halbach, one of a handful of Republican judges who eked out wins in 2008 and again four years later. “I’ve been the beneficiary and now I face the challenges. But you only can worry about what you can control – and you can’t control very much.”

The 2016 presidential battle, which may go down as the ugliest and most unusual of modern times, could have a profound local impact. Both candidates provoke high negative opinions, which could depress voter turnout or inspire it.

Early vote totals suggest the latter. More than 566,000 ballots were cast in the first week, a record. Lane Lewis, the Democratic Party chairman for Harris County, said the early turnout bolsters his hope for another “wave” election.

“Do I believe Democrats are doing well? Absolutely,” Lewis said. “Five days of voting is not enough to predict an outcome. I wouldn’t say anyone is beating the victory drum.”

Donald Trump’s faithful seem likely to show up en masse, but U.S. Sen. Ted Cruz was the big winner in the spring primary, taking 45 percent of the Harris County vote. What will the Cruz supporters do? There is a reasonable possibility that suburban Republican women will cross the party divide and give Hillary Clinton a local win to match what opinion polls are showing in many states. The question is, will they step back to help the down-ticket Republicans?

“This year, nobody knows,” said Harris County Judge Ed Emmett, a 2008 Republican survivor. “Will the turnout be high or low? Will they turn out for Trump or against Trump? Will Hillary get the same kind of enthusiastic turnout Obama did? I don’t see it. But it’s true that we don’t really know.”

The countywide down-ballot races include sheriff, district attorney, county judge, education board, constables and scores of judicial seats. The people seeking them this time cannot decide whether to be confident or scared, Emmett said.

“I was at a candidate meet-and-greet the other day, a bipartisan thing, and in talking to those candidates, to a person they were frantic over who was going to show up and vote,” he said. “Nobody knows.”

“We treat Harris County as a very evenly divided battleground ‘state,'” said Harris County Republican Chairman Paul Simpson. “When I was running (for chairman), that was my constant message. It was a Democratic county, then became Republican, then switched to be very evenly divided. Every cycle is a pitched battle.”

[…]

Political consultant Keir Murray, who works with Democratic candidates, said he is optimistic about the party’s future, though like everyone else he is not so sure about this year.

“The problem is, if you are a Republican office holder, you don’t have a lot of margin for error,” Murray said. “If you get marginally lower turnout from your base voters, you lose. Or, if you see some real uptick in Hispanic voting – and they have not been voting near their rates of registration – that would make a difference. There is evidence that this could happen because Trump has said very negative things about them.”

All due respect, but we do know who is voting, because the County Clerk puts out a roster of everyone who has voted after each day, and we have a pretty good idea of how they are voting. In fact, the Chron wrote about this on Friday, so I have no idea why they switched into this nobody-knows-anything mode. It’s true that the question of who among those that have not yet voted will turn out remains murkier, but the evidence we have so far is that there are still a lot more high-propensity Democrats left to vote, more than the number of high-propensity Republicans. I understand having a story that talks to the people who are on the ballot and who are being affected by what is going on now, but if you’re going to talk about what is happening, the consultant types are in a much better position to give you real information.

Anyway. The Trib has a nice tracker of the changes in early voting turnout for the biggest counties over the past three Presidential races. It’s up everywhere, but the uptick in Travis County in particular is amazing. El Paso is also doing very well, and so far the conventional wisdom is that this is good for Pete Gallego in our one swing Congressional district, CD23. That would have been at least a competitive race without the Trump factor, but maybe this time it will be blue all the way down, and not just in the Congressional race.

I went to bed before the Monday EV report came out, though I saw on Facebook that the number of voters was in the 73,000 range. That’s in line with the daily output from last week, though down a bit from the end of the week. We’ll see if things will slow down or level off, or if the usual pattern will hold and the last two days this week will be heavier. Here’s the Day 7 EV report, which brings you up to date through Sunday. The weekend was even better for Dems than the first five days were, so it’s all about what happens this week. The tracker spreadsheet is here, and I’ll update that when I get the Monday report.

UPDATE: And here are the Day 8 EV totals. It’s down a bit, but still higher than Day One was. The spreadsheet has been updated.