Josh Flynn
Texas House candidate Josh Flynn is challenging a decision by the Harris County Republican Party to rule him ineligible for the House District 138 primary because he did not “properly” submit his resignation from the county education department.
Flynn, a Republican who was elected to the Harris County Department of Education board of trustees in 2018, resigned last week after his eligibility for the Legislature came under question and a Houston attorney formally requested the Harris County GOP deem Flynn ineligible.
Under a state law that makes people who hold a “lucrative office” ineligible for the Legislature, Flynn’s position on the HCDE board appeared to bar him from running for the House. Though trustees earn just $6 per meeting, the Texas Supreme Court has determined that “an office is lucrative if the office holder receives any compensation, no matter how small.”
Last week, Flynn submitted his resignation from the board and re-filed for the House District 138 primary. However, in a letter sent to Flynn Tuesday, Harris County Republican Party Chair Paul Simpson said Flynn was ineligible to run because he apparently submitted his resignation to the wrong person at the county education board.
“After you withdrew that initial application, HCDE administrative assistant Theresa Perez received notification of your resignation from the office of HCDE Trustee,” Simpson wrote. “The public records do not show that your resignation was delivered to the presiding officer, clerk, or secretary of the Harris County Department of Education.”
In the letter, Simpson cited a section of the Texas Election Code that says if an official is resigning from a governmental body, the resignation “may be delivered to the presiding officer of the body or to its clerk or secretary.”
Flynn did not immediately respond to a request for comment. He told the Texas Tribune Wednesday that he is “fighting” Simpson’s decision, and on Thursday sent an email to supporters assuring them he would appear on the ballot despite the party’s decision.
“While it is unfortunate that they came to this conclusion, I have great confidence that I will indeed be running to be your next State Representative in next year’s election as the Election Attorney feels it is an open and shut case,” Flynn wrote.
See here and here for the background. I assume this means that Flynn plans to take legal action to force his way back onto the ballot, in the same way that Judge George Powell has done. I have a bit more sympathy for Flynn’s position, though as before this is one of those things where good advice from a seasoned campaign professional probably would have saved the day. I have no dog in this fight, but I am very curious to see what happens. And again, the Lege could take action to clean up these bits of law – this here would likely take a constitutional amendment as well – so as to avoid this situation in the future.
Meanwhile, in other HCDE news:
The Harris County Department of Education Board of Trustees voted Dec. 18 to replace trustees George Moore, Position 1, Precinct 2 and Josh Flynn, Position 4, Precinct 3 with Amy Hinojosa and Andrea Duhon, respectively. Both Moore, board vice president, and Flynn, president, had tendered their resignations prior to the meeting.
“I give my sincere appreciation to Dr. George Moore and Josh Flynn for their service to the students and citizens of Harris County,” HCDE School Superintendent James Colbert Jr. said. “Dr. Moore is an outstanding man and has left a significant fingerprint on this organization as a fierce advocate for the underserved and as a great supporter for our 1,100 employees. Mr. Flynn was a good leader who is very well read, extremely efficient and took pride in his leadership post, and I wish him well in his new endeavors.”
Hinojosa, a Pasadena resident, was sworn into office shortly after her appointment. She is a 16-year, oil-and-gas project manager. She volunteers with an education advocacy group called ProUnitas. “I’m passionate about serving my community and about improving student outcomes,” said Hinojosa. “I look forward to the work ahead, and I’m excited.”
Duhon, a Katy resident, is a small business financial advisor who has a record for advocating for public education programs such as Head Start. HCDE currently serves 1,250 Head Start children and families in northeast and east Harris County. “I look forward to serving the community on behalf of the students of Harris County,” Duhon said.
Duhon, as the Chron story noted, lost by about 2,000 votes, or 0.6 percentage points, to Flynn in the 2018 election. I had completely forgotten this, but George Moore had won an even closer election in 2016, barely edging Sherri Matula by less than 500 votes and 0.2 percentage points. Duhon has filed for the Position 7 At Large seat in the 2020 primary, but in response to my question said she will be withdrawing from that race (there are three other candidates, including David Brown, who along with Duhon (then seeking the Position 5 At Large spot) had been an early entrant) and will serve the remainder of Flynn’s term, which runs through 2024. Some other mid-term appointments would require her and Hinojosa to run next year to fill out the unexpired terms, but apparently that is not the case for the HCDE Board.
This also means, as the Chron story points out, that the HCDE Board is now a 4-3 Dem majority, which had been the goal with the two At Large positions up for election. If the Dems win them, it’ll be a 6-1 split, with only Eric Dick on the Republican side (and, if you believe him, only kinda-sorta on the Republican side). That’s both exciting and a little worrisome, since the HCDE has been a target for some Republicans in the Lege to eliminate. Consider that a further incentive to win the State House in 2020. Also, too, At Large incumbent Michael Wolfe – you know, that guy – will not be running for re-election in 2020, as he takes another shot at knocking off Republican JP Russ Ridgway. Lots of changes on the HCDE Board, now and next year.
UPDATE: Flynn has now officially taken action:
Texas House candidate Josh Flynn sued the Harris County Republican Party on Thursday, alleging that party Chairman Paul Simpson erred in declaring Flynn ineligible for the House District 138 primary this week.
Flynn’s lawsuit, filed against the party and Simpson in state District Court, seeks a temporary restraining order and temporary and permanent injunctions to bar Simpson from ruling him ineligible.
[…]
In the lawsuit, Flynn contended that he effectively delivered his resignation to the board secretary — in this case Superintendent James Colbert Jr. — by leaving it with an administrative assistant in Colbert’s office while the superintendent was away.
Flynn, who also served as board president before resigning, claimed that he was personally the “presiding officer” of the board and therefore “delivered his resignation to himself.”
His attorney in the case is Jared Woodfill, the former Harris County Republican Party chair whom Simpson unseated in 2014.
We’ll see what happens with it.
The rejection seems hypertechnical. Flynn should be allowed to run.
I keep telling you that Eric Dick is a closet democrat. Watch the board meeting and you’ll see that Dick nominated and voted for both Duhon and Hinojosa.
https://www.youtube.com/watch?v=_0G0EUXBgWY&list=PL-CN0rWxB8ApfSKnR-OSyXyTXttauh_cY&index=4&t=0s
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