8 Day runoff 2023 campaign finance reports

The last campaign finance reports for the year are the 8 day reports for the runoff elections. These were mostly filed on Friday, so let’s have a look at them. The 8 Day reports from November for the Mayor’s race are here, the 30 Day reports for the At Large races are here, and the 30 Day reports for the district Council races are here. All of the reports I have collected for this cycle can be found in this Google folder.


Candidate     Raised      Spent       Loan     On Hand
======================================================
Whitmire   1,783,437  2,995,793          0   3,318,439
JacksonLee   498,414    341,575          0     235,189

Hollins      330,956    161,689          0     315,346
Sanchez       82,897    127,089    198,128      56,592

Miles
Ramirez       50,422     41,130     20,000       8,241

Hellyar      185,984    169,364          0      44,891
Davis         21,930     11,654      1,500      13,874

Cantu         30,210     15,106          0      38,723
Carter       108,330     92,589      4,000      79,191

Plummer      208,115    182,046          0      26,069
Morales       11,288      1,092     21,979      16,844

E-Shabazz
McGee

Huffman      158,550    170,111          0      44,782
Buzbee        48,945    312,261    850,000      60,457 

Castillo     130,870    124,171     10,000     113,505
R-Revilla     22,420     30,262          0      41,974

Melanie Miles, Carolyn Evans-Shabazz, and Travis McGee did not have reports filed as of Sunday afternoon when I went looking. They may get filed today, or they may have been received by the City Secretary but not posted yet. Check today and see what you see. CM Evans-Shabazz had some other issues to deal with, so who knows.

I said in my post about the 8 Day Mayoral reports that John Whitmire was in position to dominate spending in the runoff, and, well, you can see for yourself. I continue to see a bunch of Whitmire ads, both online and on TV. (He has run at least one ad during The Golden Bachelor. Jokes about the Houston electorate and Whitmire himself are left as an exercise for the reader. And yes, I know this from firsthand experience.) I have finally started to see some online ads for Sheila Jackson Lee, but suffice it to say that the ledger remains way out of balance. Jackson Lee did pick up a key endorsement over the weekend, so there’s that. (Some context for you young’uns who don’t remember any Mayors before, like, Annise Parker.)

A question that I have been asked more than once in recent days: Will Jackson Lee file to run again in CD18 if she falls short in the runoff? My best guess is that she will, but that is just my guess. I will remind everyone that Amanda Edwards and Isaiah Martin have raised a bunch of money in that race already. I would still make SJL a favorite, but that would be two elections in a row where she faced better-funded opponents. Maybe she won’t want to do that.

As far as the other citywide races go, I continue to see ads from Chris Hollins, mostly on Facebook and Instagram, and lately I’ve seen some from Twila Carter on Facebook. I’ve seen one or two from Letitia Plummer but can’t remember where. I believe we’ve received some mail from Nick Hellyar, but I’m not always on top of the snail mail before it gets put into the recycling bin.

That said, we have definitely gotten a bunch of mail and door-hangers from both District H candidates. Cynthia Reyes-Revilla has been heavily criticized for sending out a homophobic attack piece against Mario Castillo; she has lost at least one endorsement because of it. I was told there was an anti-Revilla website , presumably put up by the Castillo campaign, which might have been the impetus for the mailer. I didn’t find such a site on a cursory Google search, but even if one existed that’s a line that should not be crossed. I’m really disappointed by this, to say the least. I do not vote for candidates who engage in that kind of behavior, and I hope I have a lot of company in that.

All I can say about District G is thoughts and prayers to everyone there, who must be able to heat their homes for the winter with all of the mail they’ve surely received by now. If they had fireplaces to burn them in, anyway. It’s almost over, y’all, hang in there.

That’s it for now. The financial activity from the last week of the campaign and the days after the runoff will be reflected in the January reports, and I of course will have them when they’re posted. Until then, go vote if you haven’t already.

Posted in Election 2023 | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 12 Comments

2023 runoff early voting: With two days to go

I changed up the schedule of posting early voting daily totals because I realized that the EV periods for the three years I’m comparing are all different, which makes the comparisons a little screwy. At this point in all three runoffs there are two days of voting left, so let’s do that comparison.


Year    Mail     Early    Total
===============================
2015   22,116   50,257   72,373
2019   14,902   67,531   82,433
2023    9,979   80,939   90,918

Previously posted totals are here, the final daily EV report from 2015 is here, the final daily EV report from 2019 is here, and the totals for 2023 through Sunday are here.

At this point in the race, there had been five days of early voting in 2015, eight days in 2019, and seven days this year. Let’s just roll with that. It’s nice to see that there have finally been some mail ballots received for the runoff, and the in person totals for this year continue to be strong. The average number of people voting in person per day is higher this year than in the previous years as well. Does that mean anything? At least we know it’s (almost) all Houston voters, so I won’t misguess any final totals because of that.

I dunno. On the one hand there’s obviously a lot of activity going on, and on the other hand it all still seems oddly quiet. There have been no shocking reveals, no cringingly dirty attack ads (in the Mayor’s race, anyway), or anything that might make one say “that could be a game changer”. I’ll make some projections about final turnout later in the week. Have you voted yet?

Posted in Election 2023 | Tagged , , , , , , , , , , | 1 Comment

Weekend link dump for December 3

““Stranger danger” swept America in the ensuing decades, and like any fear, some of its founding myths were just that, myths, like the stories of fiends who hid razor blades in Halloween candy, or Satanic cults that ran daycare centers. This fever broke but not without innocent people being falsely accused or even imprisoned. In the 21st century, these anxieties remained, but a curious thing happened to them: they started to become less about fear and more about angry fantasies of what you’d do to such predators.”

“I first read about the infamous Dr Crippen when I was researching the work of the Scotland Yard detective, Walter Dew, who wrote about his investigation into this notorious homicide in his memoirs. Since then, I’ve given talks on this fascinating case, which includes an exciting cross-Atlantic chase and some fascinating early forensic science. It was also the first time that a murderer was caught by wireless technology.”

“As conservative states wage total culture war, college-educated workers—physicians, teachers, professors, and more—are packing their bags.”

From the Things I Don’t Need To Worry About And Neither Do You department.

“In other words, it’s not true that “we” have lost confidence in science. Republicans have. Democrats actually have more confidence in science these days.”

“The filing was a concrete example of how Trump’s incitement works. It shows how his own language gets parroted directly onto the voice mails and social media accounts of those he targets.”

“Everybody who thinks that the election was stolen or talks about the election being stolen is lying to America. Everyone who makes the argument that January 6 was, you know, an unguided tour of the Capitol is lying to America. Everyone who says that the prisoners who are being prosecuted right now for their involvement in January 6, that they are somehow political prisoners or that they didn’t commit crimes, those folks are lying to America.”

A fond look at The Rocky Horror Picture Show.

“Rupert Murdoch Faces Deposition in Smartmatic’s $2.7 Billion Defamation Case Against Fox”.

“Trump Touts Intel Community He’s Long Besmirched In Bid To Defend Jan. 6 Charges”.

“Let me get this straight. After wailing and moaning for ten months about Hunter Biden and alluding to some vast unproven family conspiracy, after sending Hunter Biden a subpoena to appear and testify, Chairman Comer and the Oversight Republicans now reject his offer to appear before the full Committee and the eyes of the world and to answer any questions that they pose? What an epic humiliation for our colleagues and what a frank confession that they are simply not interested in the facts and have no confidence in their own case or the ability of their own Members to pursue it.”

“Qatar has been the conduit for countries to talk to people they can’t talk to openly and officially—Hamas being one of them.”

“This begs the question: why did Mississippi buck the trends seen in Louisiana, and what drove Presley’s overperformances?”

RIP, Larry Payne, longtime community and social justice activist. Larry was one of those people that knew everyone and was always a pleasure to talk to. He did good work on the Mayor’s Task Force on Police Reform, done while he was fighting cancer. Rest in peace.

“If you love to get in touch with nature by looking at photographs of big cats, birds, reptiles, mammals or ocean life, there’s a photo for you among this year’s shortlist of contenders for the Wildlife Photographer of the Year People’s Choice Award.”

“So what does Elon Musk want with Twitter? The best available guess is that he wants it to fade to black. Musk won’t have to work as much, and his other businesses might benefit.”

“If the company should fail in the coming weeks, it will be one of the largest, most astounding, and most self-inflicted business failures in history.”

Henry Kissinger has died. You know who he is and you know why I didn’t say “RIP”. There’s plenty of worthwhile commentary around if you need the reminder. I also liked TPM’s take on why Kissinger was so infamous.

RIP, Shane MacGowan, singer-songwriter for The Pogues and The Popes. I hope you listened to “Fairytale of New York” yesterday. Now listen to this lovely anecdote about him as told by Kiefer Sutherland.

RIP, Frances Sternhagen, two-time Tony-winning and three-time Emmy-nominated actor, Broadway star known for many memorable guest roles on TV.

Yeesh.

RIP, Sandra Day O’Connor, first female Supreme Court justice. She built a solid legacy as a Justice, which the current bunch of nihilists are busy obliterating, piece by piece.

See ya, Santos.

RIP, Chuck Rosenthal, former Harris County District Attorney.

Posted in Blog stuff | Tagged | 4 Comments

Precinct analysis: At Large #1

PREVIOUSLY:

Mayor’s race
Controller’s race
Harris Health bond referendum

We have four runoffs in the At Large races, and they’re all basically D versus R affairs. The HCDP and the Harris County GOP have taken their sides. Let’s look at where the runoff candidates stand, starting with AL1.


Dist    Glenn     JRam    Miles    Baker    Reyes    Wolft
==========================================================
A         868    5,478    2,874    2,431    3,280    1,583
B       1,201    1,594    7,896    2,304    1,559      623
C       1,765    8,879    4,908    3,684   11,480    6,325
D       1,371    2,626   10,024    2,483    2,966    1,612
E       1,418    7,719    3,769    4,177    4,427    1,522
F         628    2,250    2,081    1,505    1,343      595
G       1,195    9,857    3,654    5,266    5,863    2,073
H         817    4,411    2,694    1,497    5,458    1,936
I         730    3,534    3,089    1,222    3,681    1,153
J         461    1,847    1,500    1,044    1,455      620
K         925    3,083    6,668    1,966    2,959    1,452
						
Dist    Glenn     JRam    Miles    Baker    Reyes    Wolft
==========================================================
A       5.26%   33.17%   17.40%   14.72%   19.86%    9.59%
B       7.91%   10.50%   52.03%   15.18%   10.27%    4.10%
C       4.76%   23.97%   13.25%    9.95%   30.99%   17.08%
D       6.50%   12.46%   47.55%   11.78%   14.07%    7.65%
E       6.16%   33.51%   16.36%   18.14%   19.22%    6.61%
F       7.47%   26.78%   24.77%   17.91%   15.98%    7.08%
G       4.28%   35.32%   13.09%   18.87%   21.01%    7.43%
H       4.86%   26.24%   16.02%    8.90%   32.46%   11.51%
I       5.44%   26.36%   23.04%    9.11%   27.45%    8.60%
J       6.66%   26.66%   21.65%   15.07%   21.00%    8.95%
K       5.42%   18.08%   39.10%   11.53%   17.35%    8.51%

I say these races are all D versus R but that’s a little bit fuzzy in AL1, where Melanie Miles ran for a Family Court bench in 2018 as a Republican. Judicial races are a little different, and that was especially the case in the period when the benches were all Republican. Officially speaking, things are all forgiven, hence the HCDP endorsement. The Chron, which had endorsed Conchita Reyes in Round One, endorsed Julian Ramirez in the runoff, saying this was a race between two similar candidates and they preferred him. I would have preferred that they at least unpack this tossed-off sentence from their endorsement a bit more: “Despite his troubling endorsement from the far-right group True Texas Project, Ramirez insists he is no extremist.” In the Year of Our Lord 2023, candidates who are endorsed by extremist groups are themselves presumed to be extremists unless they take particular pains to truly distance themselves from said endorsements. The fact that the Chron didn’t mention what Ramirez’s response to this suggests an uncomfortably large blind spot on their side.

Be that as it may, we’re here for the numbers. Adding in the Fort Bend totals, Ramirez had a tiny lead over Miles in November. Miles led the way in the three Black districts, with room to grow in all three, and has a lot of room to do better in District C. Ramirez led in the three Republican districts, again with room to grow, and he could end up doing better than Miles in District H and I. Given the Democratic nature of Houston municipal elections, that gives the overall advantage to Miles, but it’s not a slam dunk. She finished fourth in C, and trailed third place finisher Reyes everywhere outside the Black districts except for F and J. She shouldn’t take anything for granted.

As for Reyes, she came within less than seven thousand votes of making this and all-Latino runoff. She led in H and I, and most impressively in C. I don’t know how much of a consolation prize it is to say that she ought to be a leading contender for an At Large seat in 2027, but lots of eventual Council members didn’t win on their first try. Nick Hellyar, who was a runnerup in 2019, is trying to do in AL2 what I’m suggesting Reyes try in four years. That’s a long enough time that she may well be on to other things by then, but if not, I hope she keeps that in mind.

Posted in Election 2023 | Tagged , , , , , , , , , , , , , | Comments Off on Precinct analysis: At Large #1

Fifth Circuit has its book rating lawsuit hearing

It looks like it might have…gone well? I am cautiously hopeful.

Federal appellate judges Wednesday questioned a new Texas law requiring book sellers to rate the explicitness and relevance of sexual references in materials they sell to schools, though it was not clear if the court would allow the regulations to stand.

The 5th U.S. Circuit Court of Appeals judges’ inquiries centered on House Bill 900’s definitions of sexual content and community standards. They came during a hearing in a legal challenge brought by book vendors who argue the law is unconstitutionally broad and vague.

The law seeks to keep so-called sexually explicit books off library shelves in the state’s more than 1,200 school systems by calling for the creation of new library standards. It requires school library vendors to assign ratings to books and materials based on the presence of sex depictions or references. And it compels vendors to recall materials already in circulation that are now deemed sexually explicit.

A federal judge barred Texas from enforcing the law in late August. But a panel of 5th Circuit judges blocked that order and the full appellate court, one of the most conservative in the nation, is now considering the overall legal challenge. It is not clear when the appellate court will issue a ruling after Wednesday’s hearing.

[…]

Laura Lee Prather, a lawyer for the plaintiffs, told judges Wednesday that the law would compel book sellers to “apply imprecise standards to promote the state’s preferred message.”

Vendors who participate will be cornered into conforming with the state’s view, plaintiffs argue.

“The book sellers here are not asserting the right to have books reach library shelves — they’re asserting the right to be free from compelled speech and the right to offer and distribute books without being forced to decipher incomprehensible and vague standards,” Prather said. “Unless the injunction is continued and the administrative stay is lifted, irreparable injury in the form of lost First Amendment rights will ensue. … Even if HB 900 is ultimately overturned, this bell cannot be unrung.”

[…]

“Both sexually explicit, sexually relevant — they talk about material that describes, depicts or portrays sexual conduct. How explicit must a reference be in order to qualify as sexual conduct?” a judge asked the state.

“Your honor, that is something that is likely going to be developed,” [state attorney Kateland] Jackson responded. “Again, this law has not had a chance to be developed or implemented yet.”

But vendors face “irreversible” financial, reputational and constitutional damage even as the case shuffles through the courts, Prather said.

The new law will require vendors — some of whom are based in other states — to “somehow opine about what the current community standards are in this state,” Prather said.

Referencing those remarks, a judge asked the state before the end of Wednesday’s hearing “which community’s standards are supposed to govern how a vendor categorizes books?”

“We’re talking about a bill with border-to-border applications, statewide impact. So how do you define the appropriate community?” the judge asked. “Might it be the case ever that what passes community standards muster in El Paso might fail it in Beaumont?”

See here and here for some background. This law is so broad and vague – “we’ll figure it out once we start enforcing it” sure doesn’t sound encouraging to me – that it’s hard for me to see how anyone with even a basic understanding of the First Amendment could find it anything but an abomination. Of course, we are talking about the Fifth Circuit, so adjust your assumptions accordingly. I still feel like maybe the good guys have the edge, though. Gotta be careful about getting my hopes up. Also as a reminder we really need to go hard after the d-bag author of HB900, Jared Patterson, and his henchperson in the Senate, Angela Paxton. People have got to start losing elections over stuff like this, or it will never stop.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Rhonda Hart for CD14

I wish her very well.

Rhonda Hart, who lost her daughter in the 2018 mass shooting at Santa Fe High School, is launching a bid for Congress.

Hart, a Democrat, plans to run against incumbent U.S. Rep. Randy Weber, a Friendswood Republican who has represented the Galveston area in Congress since 2013. His deep-red district stretches from Lake Jackson to Port Arthur and Beaumont.

Hart said she has been seriously considering a run for Congress since last summer, when she met with Weber in his D.C. office to talk about gun violence prevention bills that lawmakers were considering after the May 2022 shooting at Robb Elementary School in Uvalde.

One of the measures included the Kimberly Vaughan Firearm Safe Storage Act, named for Hart’s daughter, that would have required some gun manufacturers to provide buyers with educational materials about safely storing a firearm. The bill also would have raised the minimum age to purchase semi-automatic weapons from 18 to 21, among other changes.

Hart asked Weber for his support. She said the congressman told her he would not vote for the bill and admitted he had not read it.

“I was floored,” Hart, an Army veteran and former school bus driver, said in an interview. “He attended my daughter’s funeral. Her bill was a simple, commonsense measure.”

Weber’s campaign did not respond to a request for comment. The congressman voted against the bill, which he called “another attempt by Democrats to strip Americans of their Second Amendment rights.” The measure narrowly passed the House but did not advance in the Senate.

Weber also voted against the Bipartisan Safer Communities Act that Congress passed a few weeks later. That bill, negotiated by Texas’ senior Sen. John Cornyn, implemented modest changes, including stronger background checks for young gun buyers.

“We should be pushing commonsense legislation through Congress rather than going down a slippery slope of government control over our God-given rights,” Weber said at the time. “In my district, we understand that evil people do evil things. Still, you don’t restrict law-abiding citizens from protecting themselves with the weapons of their choice from evil people who do evil things.”

It’ll be an uphill battle for Hart to reach Washington. Donald Trump easily won the 14th Congressional District in the 2020 election, and Weber was re-elected with 70 percent of the vote in 2022. The congressman, in a video announcing his bid for re-election next year, said he will “fiercely fight for the conservative values that have always defined us.”

But Hart said she’s up for the challenge. Over the past five years, she has been an outspoken advocate in Washington and at the Texas Capitol for stricter gun laws and school safety legislation.

I fall irrationally in love with longshot candidates who are also stellar people on the regular; Dayna Steele still has a piece of my heart from 2018. I’m romantic enough to want more good people in public office, and there’s nothing wrong with a little dreaming, regardless of the numbers. I’m also always on the lookout for some combination of issues and qualities – and badness of opponents; Randy Weber was known as one of the bigger jackasses in the Lege when he was there – that suggests the needle can be moved. Looks like I have my candidate for this cycle. Godspeed, Rhonda Hart.

Posted in Election 2024 | Tagged , , , , , , , , , | Comments Off on Rhonda Hart for CD14

Saturday video break: The boys of the NYPD Choir still singing “Galway Bay”

I will have a note on his passing in the Sunday linkdump, but for obvious reasons the first thing I thought about upon hearing of Shane MacGowan’s passing was this:

As a part-Irishman, I’m an absolute sucker for a sad song set to a snappy melody. Especially when sung by a band with its own share of drama and strife and also perseverance. Rest in peace, Shane. May you and Kirsty MacColl be kicking up a hell of a fuss up in heaven.

Posted in Music | Tagged , , , | 1 Comment

Precinct analysis: 2023 Harris Health proposition

PREVIOUSLY:

Mayor’s race
Controller’s race

The nice thing about analyzing Harris County Proposition A is that I can use the precinct/district guide I got and used for the 2022 election, which is nice and clean and gives me totals that match up as they should. Also, since the city of Houston was nice enough to have bond propositions on the ballot last year, I was able to designate precincts as being in Houston or not in Houston, which means that I could use them in that fashion here. So doing that this is what you get:


Dist       For  Against    For%     Ag%
=======================================
HD126   12,641    6,865  64.81%  35.19%
HD127   15,714   10,321  60.36%  39.64%
HD128    7,794    5,639  58.02%  41.98%
HD129   15,551    8,563  64.49%  35.51%
HD130   13,257    9,485  58.29%  41.71%
HD131   11,700    2,296  83.60%  16.40%
HD132   13,591	  7,598  64.14%  35.86%
HD133   21,134    8,610  71.05%  28.95%
HD134   32,124    8,435  79.20%  20.80%
HD135    8,205    3,114  72.49%  27.51%
HD137    7,343    2,101  77.75%  22.25%
HD138   16,477    7,573  68.51%  31.49%
HD139   15,139    4,093  78.72%  21.28%
HD140    5,059    1,216  80.62%  19.38%
HD141    8,529    1,620  84.04%  15.96%
HD142   10,577    2,452  81.18%  18.82%
HD143    6,374    1,692  79.02%  20.98%
HD144    4,968    1,925  72.07%  27.93%
HD145   18,124    4,636  79.63%  20.37%
HD146   18,377    3,776  82.95%  17.05%
HD147   17,964    3,677  83.01%  16.99%
HD148   10,434    3,746  73.58%  26.42%
HD149    7,718    2,305  77.00%  23.00%
HD150   10,145    6,429  61.21%  38.79%

CC1    104,322   23,658  81.51%  18.49%
CC2     50,940   20,302  71.50%  28.50%
CC3     84,642   48,529  63.56%  36.44%
CC4     69,035   25,678  72.89%  27.11%

Hou    184,306   56,509  76.53%  23.47%
NotHou 124,633   61,658  66.90%  33.10%

I’m not going to go too deep on this because it passed easily and there’s little to no predictive value in it. It’s not like there are going to be more odd-year county-related bond issues in the near future. But since I can’t help but notice these things, I will note that the “For” percentage in Republican State Rep districts ranged from 58% to 71%, while in the Dem districts it ranged from 72% to 84%. If you sorted them by the “For” percentage, all the Dem districts would be above all of the Republican districts. Make of that what you will.

Also, while the non-Houston parts of Harris County supported the bond by a 2-1 margin, you can see the advantage of holding this election in an odd-numbered year, particularly one with a Houston Mayor’s race, as the Houston share of the vote was larger and even more positive. While Harris County is Democratic and I expect it to be strongly so next year, I could easily see this issue ticking down several points from the 72% it got if it had been on next year’s ballot. It would still pass easily, I’m just making the observation. Timing is always a consideration in politics, and that’s very much the case with bond referenda.

Posted in Election 2023 | Tagged , , , , , , | 1 Comment

Apparently there’s a lawsuit challenging the 2023 constitutional amendment elections

I feel like I’m running out of synonyms for “deranged” and “absurd”.

Lawsuits based on false claims about voting equipment could delay millions of dollars in cost of living increases for retired teachers expected to arrive in January. The lawsuits also threaten to hold up state property tax cuts for homeowners — arguably Republicans’ signature policy achievement this year.

Voters widely approved both policies this fall. Now Texas lawmakers are scrambling in hopes of preventing further delays.

The election contests challenging the results of the November constitutional amendment election were filed in Travis County district courts days after the November election by right-wing activists. They are based on false claims that Texas’ voting equipment is not certified and that voting machines are connected to the internet. Abbott has not certified the results of the election and won’t be able to until the lawsuits are resolved in the courts — which experts say could take weeks or months.

Voter advocates say the election contests are yet another attempt to undermine trust in elections. This time, though, it could have immediate negative implications for millions of Texans.

“I think this is a perfect example of the real impact in peoples’ lives when we delay the certification of our vote because of misinformation,” said Katya Ehresman, voting rights program manager at Common Cause Texas.

At least six lawsuits — filed by residents from Bexar, Llano, Denton, Rains, Brazoria, Liberty, and Atascosa counties who have ties to local promoters of election conspiracies — are challenging the 14 constitutional amendment propositions that were on the ballot in November.

By law, challenges to constitutional amendment elections can’t go to trial earlier than a month after it’s been filed — unless requested by the contestant — and not later than six months after it was filed.

But on Friday, in the middle of Texas’ fourth special legislative session this year, a state senator introduced a bill that would eliminate that requirement and to compress the timeline under which such challenges are heard. The bill was then hastily passed through a committee and sent to the Senate floor, where it passed 23-1. It will now go to the House, which was also in session Friday. Its author, Sen. Bryan Hughes, R-Mineola, said that if it isn’t passed that property tax cuts and extra money for retired teachers would be in jeopardy.

“It’s a big deal,” he said.

In order for the bill to become law, Gov. Greg Abbott would have to add the issue to the special session’s agenda. On Friday, an Abbott aide said he’d consider doing so if both chambers can agree to a bill.

[…]

At least two of the six nearly identical lawsuits were filed by Jarrett Woodward of Bexar County. Woodward has in the past year spoken in front of county commissioners in Kerr, Uvalde, Medina, and Bexar counties trying to persuade them to ditch electronic voting equipment and to hand count ballots instead.

In the lawsuits, Woodward argues the voting equipment used in the Nov. 7 election was not properly certified and that “the ballot marking devices similar to those that Contestants were forced to use for voting in 2023 contain multiple severe security flaws including the opportunity to install malicious software locally or remotely.”

Voting machines used in Texas by vendors ES&S and Hart InterCivic have been certified by the Texas Secretary of State and the U.S. Election Assistance Commission. Neither the machines used to cast ballots nor the machines used to count ballots have the capability to connect to the internet. The process to certify election equipment in Texas is robust: After vendors submit an application for certification, state officials physically examine the equipment and test its accuracy.

Last year, Woodward and others filed similar lawsuits against multiple county officials across the state for using voting equipment they say is not certified; at least seven were dismissed and the others have yet to succeed. Similar unfounded claims have been made in other states across the country.

See here for a reminder about what the amendments were, and here for a reminder of how mind-bendingly stupid the idea of hand-counting ballots is. Maybe the Lege will speed up this process in the dying days of the latest special session, I have no idea. But I do know who owns the reason for the need to deal with this at all.

The bill in question, by the way, is SB6. The record vote was not available when I looked, but I’d bet you a dollar the one vote against was from that walking spittoon Bob Hall.

Posted in Election 2023, Legal matters | Tagged , , , , , , , , , , , , , , , , , , , , , | 6 Comments

Dodo update

Everyone needs a home.

“Finding a dodo bird…”

After years of working on bringing back one of the most popular extinct animals — the dodo — Colossal Biosciences has found a home for its bird in Mauritius in a new partnership with the Mauritian Wildlife Foundation.

The Dallas-based company has previously announced it’s trying to wake the Tasmanian tiger and woolly mammoth from their eternal slumber. Colossal’s progress on the dodo would lead the bird back to its native home in East Africa and potentially give the company the power to save other soon-to-be extinct species, said Ben Lamm, co-founder and CEO of Colossal Biosciences.

“Our goal with all the species we work on is to bring them back into their natural habitat,” Lamm said. “This endorsement and collaboration from the Mauritian Wildlife is a big testament to the incredible work that not only our scientific teams are doing to bring back the dodo but the team to successfully wild them back into their natural habitats.”

Though Colossal still doesn’t have a timetable for the dodo’s return, its comeback could turn the tides for birds like the pink pigeon which are close to meeting the same fate, Matt James, Colossal’s chief animal officer, said.

The pink pigeon, a 15-inch tall herbivorous bird native to Mauritius, is also facing extinction due to habitat degradation, diseases and inbreeding, according to the Natural History Museum.

“The dodo is going to help the pink pigeon,” he said. “As we develop these Colossal de-extinction programs, we’re identifying species that would benefit directly from those technologies. All the technologies that we’re going to develop around the dodo have become tools that we can start to apply to the pink pigeon and other pigeon conservation projects.”

[…]

Lamm said he expects Colossal to put members of its team in Mauritius next year to work with the Mauritius Wildlife Foundation and the local government.

The collaboration between Mauritius and Colossal may help dispel some of the Jurassic Park comparisons the company has received in the past, Lamm said.

“We’ve heard all of those comments over the years,” Lamm said. “But we have an opportunity to do it for good reasons because when you remove an animal from an ecosystem, that ecological void is felt. We’re not out to build things that shouldn’t exist. We’re focused on undoing the sins of the past and bringing back species to their native homes that mankind had a role in its demise.”

See here and here for some background. On the one hand, I have no idea how seriously to take all of this. The science is, let’s just say “razor’s edge”, and the claims are more than a little grandiose. There are also questions about funding and no clear timeline for any actual work product. Oh, and then there’s the Jurassic Park of it all, which I’m glad to see that Colossal Biosciences is willing to acknowledge. There’s a lot going on here. On the other hand, the stated goals seen quite worthwhile, and it all sounds cool as hell. I’m willing to see where it all goes. The Star-Telegram has more.

Posted in Technology, science, and math | Tagged , , , , , , , , , , | 1 Comment

Paxton sues Pfizer for not ending the COVID pandemic quickly enough

What the actual fuck?

A crook any way you look

Texas Attorney General Ken Paxton accused drugmaker Pfizer of fear-mongering and lies about the effectiveness of its COVID-19 vaccine, which the company insinuated would end the pandemic, according to a lawsuit Paxton announced Thursday.

“In a nutshell, Pfizer deceived the public,” reads the 54-page lawsuit, filed in a Lubbock state district court.

The lawsuit alleges Pfizer “engaged in false, deceptive, and misleading acts and practices by making unsupported claims regarding the company’s COVID-19 vaccine in violation of the Texas Deceptive Trade Practices Act.”

Pfizer was the first drugmaker to get the federal government’s emergency approval for the vaccine in late 2020, less than a year after the first infection was detected in the U.S.

The company has since won full approval for the use of its vaccine from the U.S. Food and Drug Administration.

Also, the pandemic has since been declared over.

But the lawsuit comes at a time when Texas conservatives are pushing bans on COVID-19 vaccine mandates and trumpeting other anti-vaccine positions that are espoused by their grassroots supporters in the months leading up to election season.

Paxton’s arguments, many of them familiar tropes among the anti-vaccine and COVID-19 denial crowd, hinge on the fact that the pandemic did not end soon enough — even though Pfizer officials never promised an end date to the health threat.

The drugmaker, he argues, claimed its vaccine was 95% effective but did not manage to end the pandemic within a year after being introduced.

“Contrary to Pfizer’s public statements, however, the pandemic did not end; it got worse. More Americans died in 2021, with Pfizer’s vaccine available, than in 2020, the first year of the pandemic,” the lawsuit says. “This, in spite of the fact that the vast majority of Americans received a COVID-19 vaccine, with most taking Pfizer’s.”

But like other portions of Paxton’s lawsuit, that’s a statement that is technically true, but easily manipulated, experts say. Other assertions made in the lawsuit filing, they argue, are completely unsubstantiated, such as one claiming that vaccinated people were more likely to die from COVID-19, which Texas health data disputes.

[…]

But while facts and science remain on the side of COVID-19 vaccine supporters, who include experts in some of the most influential medical organizations across the world, the lawsuit still has political ramifications, said Terri Burke, executive director of The Immunization Partnership in Houston.

“What this really does is it’s just another attempt to erode confidence in all vaccines,” Burke said.

Paxton argues in the lawsuit that death rates were higher in some areas among vaccinated people than among unvaccinated people, but that’s not true for the overall rate in Texas.

The state’s own Department of State Health Services COVID-19 death tracker shows that as of April, the COVID death rate for fully vaccinated Texans is 12 times lower than that of unvaccinated Texans.

“These arguments have been around for a long time, and there are fact checks” that prove them wrong, Burke said. “This lawsuit and the rhetoric behind it are not going to make us safer. … It’s performative politics, as usual.”

I got nothing. We do not live on the same planet as this guy. I don’t know what else to say. The Chron has more.

Posted in Legal matters | Tagged , , , , , , , | 5 Comments

HISD’s continued enrollment decline

It’s not great.

Houston ISD saw its steepest enrollment decline this year since the first full school year of the pandemic, losing roughly 6,000 students, according to preliminary data obtained by the Houston Landing.

Some 183,884 students now attend HISD schools, down from 189,934 in 2022-23.

The count has not been vetted by the Texas Education Agency, but was provided to the Landing by HISD in response to a public records request. The number represents the total students present on “snapshot” day, the last Friday in October each year, when Texas school districts tally their official enrollment.

The 3-percent drop in students could spell a reduction in state funding next year at a time when questions already are swirling over HISD’s fiscal future.

The loss of students also increases the likelihood of upcoming school closures and consolidations, a possibility HISD Superintendent Mike Miles already has mentioned.

HISD did not provide comments in response to questions from the Landing.

Texas’ largest district has bled students each of the last four years and lost roughly 32,200 students since 2016-17, when enrollment peaked at about 216,100.

Apart from 2020-21 during the pandemic, this year’s enrollment losses represent the most drastic dropoff in the last 10 years.

The decrease in students likely represents a combination of families relocating to other districts, homeschooling and enrolling in private or charter schools. TEA spokesman Jake Kobersky said his agency has seen anecdotal evidence of more students homeschooling or attending private schools in recent years.

Kobersky wrote in an email that it is “likely too early to tell” whether the TEA’s final enrollment number for HISD, which will be released in several months, will differ significantly from the preliminary snapshot day count obtained by the Landing.

This year’s 183,884 enrollment level is slightly higher than early estimates produced by Miles that about 182,000 students were attending HISD. However, it is typical that snapshot day enrollment would notch above daily attendance levels, because schools make extra efforts to lure students to campus that day.

Whether families’ decisions had to do with the rapid changes to HISD this year under state-appointed leadership remains unknown.

Campus-by-campus enrollment counts for this school year have not yet been released. However, early data reported by the Landing in October showed schools overhauled under Miles’ model saw larger attendance dips to start the school year than other campuses.

Regardless of which campuses saw the steepest student losses, the entire district is likely to feel the fiscal fallout of the enrollment changes. A large portion of HISD’s cash comes from the state, which bases its funding level on the average number of students attending district schools. Texas provides districts $6,160 base funding per student, a rate that has not changed since 2019. The state sends additional dollars to districts based on the number of special education students, English learners and other factors.

A couple things to note. This problem is not unique to Houston – San Antonio and Fort Worth, among others, are facing similar issues. Demography is also part of the problem – there are fewer children in HISD’s geographic area. There are things that HISD can do to try to mitigate some of this, and I know that existing Trustees were at least talking about that. My concern is that I don’t see any evidence of this being on the radar right now. Mike Miles doesn’t care about anything that he doesn’t see as part of his mandate, and the Board of Managers doesn’t do anything outside of what Miles tells them to do. I’ve been concerned that Miles’ policies will drive people out of HISD schools, but even if I’m wrong about that it doesn’t look like Miles and the BoM will pay any attention to this issue, which means that the problem will likely be worse and in a tougher spot to start addressing by the time we get control back. And in the meantime, Miles will get to decide about which schools should be closed or consolidated to accommodate declining attendance. So yeah, not great.

Posted in School days | Tagged , , , , , , , , , , , , | 1 Comment

DPS ordered again to release Uvalde public records

Good, though I’m a bit confused about the timing.

A Travis County state district judge has ordered the Department of Public safety to release law enforcement records related to the 2022 school shooting in Uvalde, more than a year after a consortium of news organizations sued for access.

261st Civil District Court Judge Daniela Deseta Lyttle ordered DPS to fulfill 28 records requests filed by the news organizations, which include The Texas Tribune and ProPublica, subject to redactions such as personal information of police officers and blurring the faces of minor victims in crime scene photographs.

The files would shed light on the disastrous police response that day, in which officers waited more than an hour to confront the shooter after learning he had an AR-15 style rifle.

Lyttle issued a preliminary order in June; the one issued Tuesday is the final judgment. It requires DPS to provide the records sought within 20 days, unless the state police agency appeals the ruling.

“DPS promised to disclose the results of this investigation once it was completed,” said Laura Prather, a media law attorney with Haynes Boone who represents the news organizations. “It was completed in February and they still haven’t provided any answers to these families.”

DPS did not return a request for comment on Thursday.

Prather said an appeal would likely limit the ability of victims’ families to file federal lawsuits alleging that police had committed civil rights violations. The statute of limitations on those complaints, formally called Section 1983 claims, is two years.

“It prevents (families) from having the evidence they need,” Prather said.

The state police agency had previously argued that releasing records could interfere with ongoing investigations into the shooting, though DPS said it had completed its initial report on the shooting and provided it to the Uvalde County district attorney.

See here for the background. I guess I don’t understand why the preliminary order wasn’t sufficient to either force the release of the documents or force DPS to file an appeal at that time. It would have been nice for the final judgment to come out more quickly than this did, but I can understand why the judge wanted to take the time with it. But then that gets back to my original question. It boggles my mind that DPS has been able to stonewall like this for so long, but here we are.

Posted in Legal matters | Tagged , , , , , , , | Comments Off on DPS ordered again to release Uvalde public records

Precinct analysis: 2023 Controller’s race

PREVIOUSLY:

Mayor’s race

I got in a groove and took what I learned from mucking around with the Mayor’s race data and was able to clean up the same for the Controller’s race in relatively short order. As you’ll see, the story the data tells is as least as straightforward.


Dist  Hollins  Sanchez   Martin   Nobles
========================================
A       6,525    6,288    2,628    2,039
B       9,225    1,927    1,157    3,401
C      20,856    9,753    4,948    4,580
D      13,316    3,288    1,765    3,575
E       6,920    5,611   11,638    2,331
F       3,452    2,653    1,415    1,285
G      10,460   13,046    4,459    2,514
H       7,232    5,571    1,683    1,967
I       6,313    4,571    1,326    1,694
J       3,019    2,505    1,033      857
K       9,993    3,915    1,665	   2,407


Dist  Hollins  Sanchez   Martin   Nobles
========================================
A      37.33%   35.97%   15.03%   11.66%
B      58.72%   12.27%    7.36%   21.65%
C      51.96%   24.30%   12.33%   11.41%
D      60.68%   14.98%    8.04%   16.29%
E      26.11%   21.17%   43.92%    8.80%
F      39.20%   30.13%   16.07%   14.59%
G      34.32%   42.80%   14.63%    8.25%
H      43.96%   33.86%   10.23%   11.96%
I      45.40%   32.88%    9.54%   12.18%
J      40.72%   33.79%   13.93%   11.56%
K      55.58%   21.77%    9.26%   13.39%

Chris Hollins came close to hitting fifty percent on Election Day, ultimately landing just above 45% and leading Orlando Sanchez by eighteen points. That makes his task much easier than either Mayoral contender, and it’s not hard to see most of Shannan Nobles’ voters shifting to him for the runoff. Hollins already did pretty well in Districts B, D, and K, especially given that he was splitting the Black vote with Nobles. He has room to grow, and he already started with a strong lead.

You know how the Chronicle runs “What Houston looked like 30 years ago” stories on its homepage? I feel like we could start seeing old Orlando Sanchez campaign signs in the photos accompanying those stories. Dude’s been around forever, and there’s no question that helps him in these elections. The problem from a runoff perspective is that outside of Dave Martin’s District E, he already mostly dominated the Republican vote in November. Martin did get about 7K more votes than Nobles, so as far as that goes if his voters mostly transfer over that will be a net positive for Sanchez. The problem is that Hollins led by 40K votes in November. It’s going to take a lot more than that.

It’s not always easy to tell what is cause and what is effect in runoff situations. While I believe that Mayoral races drive turnout, we know that some people will show up primarily because of some other candidate, and from there they may affect the other runoffs. We can say that having Hollins on the ballot will help Sheila Jackson Lee, but we can also say that having both John Whitmire and SJL on the ballot will help Hollins. However you look at it, Hollins is in a solid position.

Posted in Election 2023 | Tagged , , , , , , , , | 2 Comments

Cruise and Houston

An interesting overview of the currently-on-pause driverless taxi service in our town.

A driverless Cruise car sits in traffic on Austin Street in downtown Houston on Friday, Sept. 22, 2023. Photo: Jay R. Jordan/Axios

The nationwide pause included Houston and Austin. However, no Texas or local entity required Cruise to take its vehicles off the road because they legally could not.

Senate Bill 2205, passed in 2017, allows only the Texas Department of Public Safety to regulate autonomous vehicles, or AVs. It explicitly bars other state agencies and subdivisions of the state from making regulations specific to autonomous vehicles.

That means Houston, one of America’s most automobile-dependent cities, has no means of regulating the rollout of AVs on its streets.

“We know that this is going to be led by industry,” said Jesse Bounds, the mayor’s director of Innovation. “We are going to adapt to whatever private operators do in this case.”

[…]

Before Cruise, the Metropolitan Transit Authority of Harris County launched its own autonomous vehicles project in 2019 on Texas Southern University’s campus. That was the first phase of a plan to bring driverless service, with future plans that include an Americans with Disabilities Act-compliant “Shuttle of the Future.”

While METRO’s plans hit a snag during the pandemic, its board recently modified and approved contracts with autonomous car technology companies to get back on track.

“Should automated vehicles have to adapt to our world? Or should we have to adapt to their world?”

University of South Carolina law professor Bryant Walker Smith, who has worked around AV issues, proposed that question as a key point of policy around autonomous vehicles.

“Like any new technology, automated driving is going to solve some problems and create new problems,” Smith said.

Nuro and Cruise point to traffic safety and reduced emissions as primary motivators for their work. In a city with a high number of traffic deaths like Houston, that proposition was appealing.

The state law played a part, too. In an email, Stevens said SB 2205 “provided a clear regulatory framework” around AVs.

“That leadership signaled the state’s commitment to innovation, like AV goods delivery, and its potential to improve safety on Texas roads and support the state and region’s economic growth,” Stevens wrote.

For Bounds and the city of Houston, autonomous vehicles should fit into Houston rather than the city accommodating AVs. For example, Cruise initially did not want anyone from the city entering their vehicles and switching them into manual mode. After an incident in San Francisco, however, Cruise was willing to change that policy to allow first responders emergency access to move the vehicle, and generally has been receptive to feedback and questions about protocol.

“So, you know, they’ve been good partners in that regard,” [Jesse Bounds, the mayor’s director of Innovation] said.

He is aware the city has limited regulatory power under state law, and would have to work through state and federal channels. Bounds pointed again to San Francisco. In response to incidents involving Cruise vehicles, the city modified its comments to the NHTSA to be more critical of the company.

“We’ve got the infrastructure set up, the policies and procedures set up to where we can, if it becomes a problem, we can quantify it and then work through the appropriate channels to rectify it,” Bounds said.

At the state level, the appropriate channel would be the Texas Department of Public Safety. The agency did not respond to multiple requests for interviews.

See here and here for some background on the pause, and here for more on the first days of Cruise in Houston, including that Montrose incident. The story goes into how HPD is dealing with the likes of Cruise, the current state of that Metro/TSU shuttle that I had totally forgotten about, and more. A lot of things will be back in action once those cars are.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , , , , , , | Comments Off on Cruise and Houston

Crime continues to decline in Houston

Noted for the record. Don’t let it get in the way of any campaigns.

Houston was part of a nationwide decline in most crime statistics in major cities, leading one crime data analyst to say the trend shows that it is nearly impossible to conclude whether one department is doing better at law enforcement than another.

A new report released Friday from the Major Cities Chiefs Association reinforces crime data from the Houston Police Department. Between 2022 and 2023, reported homicides have declined in Houston from 331 to 268; robberies from 5,512 to 4,970 and aggravated assaults from 13,626 to 12,523, according to the report. The comparison is from Jan. 1 to Sept. 30 of both years.

The city’s numbers mirror a nationwide decrease across the board, according to data from the report. Across the country, homicides declined from 6,635 to 5,927; robberies from 79,591 to 77,603; and aggravated assaults from 218,906 to 211,380, according to data from 69 responding agencies.

“This likely reflects larger national trends that are evident in the 2022 Uniform Crime Report data, that have continued to accelerate in 2023,” said Jeff Asher, a New Orleans-based criminologist and cofounder of AH Datalytics.

Police Chief Troy Finner in October told the city council that violent and nonviolent crimes were down across Houston, crediting an increase in federal prosecution for gang violence had helped cause some of the decline. Mayor Sylvester Turner in that meeting said he was frustrated at Houston’s crime-related perception, given the decline.

Asher said it’s tough to prove that a single program or new strategy deserves credit for a big drop.

One could say the same about the increase that preceded it. This is not to say that there aren’t smart strategies for dealing with crime, and less-smart strategies. Just that what we often get is a lot of blunt force rhetoric that responds to how people feel about crime, which usually doesn’t lead to anything productive. I’m just noting this for context when the next taking credit/casting blame cycle about crime begins.

Posted in Crime and Punishment | Tagged , , , , , , , | 1 Comment

Texas blog roundup for the week of November 27

The Texas Progressive Alliance hopes everyone has recovered from their tryptophan naps as it brings you this week’s roundup.

Continue reading

Posted in Blog stuff | Tagged , | Comments Off on Texas blog roundup for the week of November 27

SCOTx has its abortion case hearing

Here we go.

The Supreme Court of Texas heard arguments Tuesday in a landmark case that could impact how the state’s abortion laws apply to medically complicated pregnancies.

In August, state District Judge Jessica Mangrum ruled that the near-total abortion ban cannot be enforced in cases involving complicated pregnancies, including lethal fetal diagnoses. The state immediately appealed that ruling, putting it on hold.

Texas law allows abortions only when it is necessary to save the life of the pregnant patient. But this lawsuit, filed by the Center for Reproductive Rights in March, claims that doctors are unsure when the medical exception applies, resulting in delayed or denied care.

“No one knows what [the exception] means and the state won’t tell us,” Molly Duane, senior attorney for the Center for Reproductive Rights, told the justices Tuesday.

The state argues the judge went too far in her injunction by reading exceptions into the law beyond what the Legislature intended.

“What the legislature has done is chosen to value unborn life and prohibit abortion in all circumstances, unless that life is going to conflict with the life of the mother,” said assistant attorney general Beth Klusmann. “The legislature has set the bar high, but there is nothing unconstitutional in their decision to do so.”

Justice Jimmy Blacklock questioned Duane on the “capaciousness” of the injunction, asking whether this might allow abortions as a result of common pregnancy complications like high blood pressure.

“It seems to me, looking at the case you presented and the injunction that was granted, that this very well could open the door far more widely than you’re acknowledging,” he said.

Duane said the injunction would only apply to emergent medical conditions that could become critical or life-threatening if not treated. But she acknowledged that Mangrum’s ruling is “doing more work than normal,” because “legislators don’t usually write laws that people who are regulated by those laws simply do not understand.”

[…]

At the center of Tuesday’s hearing was the question of standing, or whether the plaintiffs have the legal right to bring this suit. The state has argued that because these women are not actively seeking abortions at the moment, clarifying the law would not address their claims.

Justice Jeff Boyd seemed aghast at that argument.

“Your position is that, in order to seek the kind of clarity that these plaintiffs are seeking, you have to have a woman who is pregnant, who has some health condition that she believes places her life at risk or impairment to a major bodily function, but her doctor says, ‘I don’t think it does,’” he said. “And she has to then sue the doctor, and maybe the attorney general, at that point, and then she would have standing and sovereign immunity would be waived?”

Klusmann said that wasn’t the only situation that would generate standing, but “you would at least then know that the law is the problem, and not the doctor.”

“Some of these women appear to have fallen within these exceptions but their doctors still said no,” she said. “That’s not the fault of the law.”

“That’s what gives rise to the need for clarity,” Boyd said, exasperated.

Several of the justices asked Duane why the Center for Reproductive Rights did not bring a wider suit, challenging the law on the grounds that it is too vague to be properly enforced.

“Generally, a vagueness challenge is a facial challenge to the statute, to take down the entire statute,” Duane said after the hearing. “So if that’s what the court wants us to do, we’re happy to do it.”

See here, here, and here for some background. The Chron struck a somewhat negative note.

Several of the Texas Supreme Court’s Republican justices appeared hesitant on Tuesday to clarify an emergency exception in the state’s abortion ban despite claims from nearly two dozen women that they were forced to continue medically dangerous pregnancies.

“Our job is to decide cases, not to elaborate and expand laws in order to make them easier to understand or enforce,” Justice Brett Busby said.

[…]

Molly Duane, a Center for Reproductive Rights lawyer, said the state’s interpretation of standing would require that a woman “needs to have blood or amniotic fluid dripping down their leg before they can come to court.”

The plaintiffs include “patients who are trying to get pregnant now and pregnancy complications are likely to occur,” she said.

Justice Evan Young pushed back, comparing doctors to police officers who have to work out how to comply with the state constitution in use-of-force cases.

“Here we have a statement in the statute that describes the risk of death or the serious risk to a substantial bodily function — how is that so much more nebulous than the entire body of constitutional law that law enforcement has to apply?” Young said.

Duane said the situations are not similar at all, as police officers have qualified immunity against being sued.

Klusmann said the problem is with doctors, not the law. The ban was not written with the intention of discriminating based on sex, the state has said in filings, and abortion care “is not ordinary medical treatment” because “it involves potential life.”

“We’re just trying to identify when it’s appropriate to end the life of an unborn child, and the Legislature has set the bar high,” Klusmann said. “But there’s nothing unconstitutional about their decision to do so.”

Busby noted the cases might have made more sense as medical negligence suits against the doctors.

Duane said her clients don’t blame their doctors for acting within the constraints of the law. Many physicians and hospitals have feared immediately intervening in emergency cases even when there is a clear danger, given the state’s stiff penalties for anyone who violates the ban.

[…]

After the arguments on Tuesday, Duane told reporters she was “optimistic that the court heard us, heard them (the plaintiffs) and saw them.” But if the justices fail to intervene, Texans “will be in the exact same spot that we are today” where physicians remain constrained and patients suffer the consequences.

“While I was sitting in the courtroom, my telephone rang,” Duane said. “It was a call from another patient. This is real. It is happening every single day, and it is not going to stop until someone with accountability in this state can put a stop to it.”

Either that or we finally get a federal law that protects abortion rights. Gonna need to have some positive outcomes in 2024 for that. Might be nice to center some campaigns on that possibility. The Trib story suggests we can expect a ruling by June. CBS News and ABC News have more.

Posted in Legal matters | Tagged , , , , , , , , , | 4 Comments

Whitmire and SJL on the HISD mess

As we know, the Mayor has basically no direct influence on HISD, but it’s an issue people care about and the Mayor can certainly make it a point of focus. So what do our two Mayoral runoff candidates have to say about HISD?

Mayoral candidates state Sen. John Whitmire and U.S. Rep. Sheila Jackson Lee have struck different tones on how to approach relations with state-appointed Superintendent Mike Miles and the Board of Managers that replaced the democratically elected Board of Trustees. Both, however, said they would like to use their office to improve schools and return HISD to local control and would be willing to work with district leaders to achieve those goals.

Here’s more on what the candidates had to say on the HISD takeover and how they would use their office to impact public schools.

Whitmire, the leading vote-getter in the general mayoral election earlier this month, has offered fewer public comments about HISD since filing an eleventh-hour bill, which ultimately failed, in March to stave off the takeover. But the longtime state senator said he has been active behind the scenes, meeting separately with both Miles and Texas Education Commissioner Mike Morath to offer his opinions and lend his assistance.

Opening clear lines of communication between the mayor’s office and HISD would be the first step in establishing a partnership with the district, Whitmire said. If elected mayor, he said he would appoint an education adviser to brief him regularly on the school district and its impact on the city.

He characterized Mayor Sylvester Turner’s reluctance to work with Miles as unproductive and promised that he would communicate directly with school leaders rather than “shout from a distance.” Turner’s office declined to respond to that accusation.

“The bottom line is the takeover has taken place, and it’s shameful to politicize that, politicize children’s education,” Whitmire said. “Let’s support the students, support the administration that has got the children’s best interests at heart, and go forward.”

[…]

In addition to appointing an education adviser to his staff, Whitmire also said he would “assist (HISD) where possible with resources, talent and community input.”

“As HISD goes is how Houston goes. We have too many citizens that work in Houston and live in the suburbs, often driven by schools. I want people to work and live in Houston and have education choices that include strong public schools,” Whitmire said.

See here for more on the aforementioned bill; as I expected, neither it nor any of the similar bills got as much as a committee hearing. All of this is on brand for Whitmire, who has leaned into his connections and legislative record throughout the campaign, which as noted has its pros and cons as a strategy. It’s as likely to work as any other approach might, which is the polite way of restating the fact that the Mayor has basically no direct influence here. To the extent that it is viable, Whitmire is as good as it gets at giving it a go.

(I do not hold Whitmire’s vote on the original bill that led to the takeover against him. As the article notes, plenty of other Dems also voted for it, on the now obviously naive view that it wouldn’t come to this. I blame Harold Dutton, who no doubt helped sell this bill to his colleagues. Let that be a very painful lesson for a lot of people.)

Jackson Lee, given her capacity as a federal representative rather than a state legislator, was not directly involved with the takeover but has been one of its strongest critics, speaking at TEA forums and leading rallies against the takeover. In March, the congresswoman said she filed a federal complaint to halt the takeover, though it has not resulted in any action thus far. The education bureau did not respond to a request for an update on the status of the complaint. The congresswoman said it is still under review.

Jackson Lee’s outspokenness has earned her the endorsement of the Houston Federation of Teachers, which has emerged as one of Miles’ fiercest opponents since he was appointed to his post. The congresswoman said she would use the “bully pulpit” afforded to the mayor to advocate for a return to local control, higher teacher salaries and public-private partnerships for tutoring and internet access.

“In order to be an ‘education mayor,’ you have to be attentive. I think it’s important that I work with parents, collaborate with PTOs … listen to what parents are saying and find ways for the city to be collaborative,” Jackson Lee said.

[…]

Jackson Lee has also promised to hire at least one full-time staffer to handle issues related to education. She said she would use her position to lobby for philanthropic involvement in schools and improve public safety, parks and recreation and housing opportunities for public school students and their families.

Jackson Lee has criticized some aspects of Miles’ leadership, including the decision to convert libraries in dozens of schools with mostly Black and brown students into “Team Centers” used partially for discipline. But the congresswoman said she would “reserve judgment” on his performance until he has been given more time to show results.

Like Whitmire, Jackson Lee said she would be willing to work with Miles and the HISD administration if elected mayor. She has also already spoken with Miles about the direction of HISD and described the conversations as “professional.”

“I’m opposed to the takeover. I’m not opposed to the success of our children,” Jackson Lee said.

See here and here for more on the federal complaint and SJL’s actions regarding it. All this is also on brand for her. If the platonic ideal outcome of the Whitmire approach is for the Mikes Morath and Miles to see reason and dial some stuff back and give HISD stakeholders more of a direct say in what happens while the state is still in charge, the same for the SJL approach is the Mikes getting whipsawed into backing down, and a riled-up electorate voting at least some of their current enablers out of office. One’s view of the odds of success for each approach is likely correlated with one’s own view of the approach. The choices are clear enough.

Posted in Election 2023 | Tagged , , , , , , , , , , , , , | 1 Comment

2023 runoff early voting Day Two totals

Let’s get to it:


Year    Mail     Early    Total
===============================
2015   20,233   22,964   43,197
2019    6,024   29,180   35,204
2023      946   28,113   29,059

Again, the early in person totals look normal. The mail, I have no idea. I just now noticed that early voting in 2015 started on Wednesday, and there were only seven days of it. This is going to get out of whack quickly. I may just pause the comparisons now and pick it up on Sunday. The final daily EV report from 2015 is here, the final daily EV report from 2019 is here, and the Day Two totals for 2023 are here.

If you haven’t voted yet, a reminder about the endorsed Democratic candidates in the races. Now get out there and vote.

Posted in Election 2023 | Tagged , , , , , , , , , , | 1 Comment

SurveyUSA Mayoral runoff poll: Whitmire 42, SJL 35

We finally have a second pollster.

State Sen. John Whitmire maintains a 7 percentage point lead over U.S. Rep. Sheila Jackson Lee in the Houston mayoral race, with a fifth of likely voters having yet to make up their minds just weeks before the December runoff, the latest poll by SurveyUSA shows.

Researchers interviewed 805 likely Houston voters from Nov. 13 to 18 and found that 42% of the respondents supported Whitmire and 35% backed Jackson Lee. These figures are nearly identical to their vote shares in the general election, where Whitmire had 42.5% and Jackson Lee 35.6%. The two advanced to the Dec. 9 runoff because neither garnered a majority of votes.

Twenty-two percent of likely voters remain undecided, which is not unusual in city elections typically marked by low turnout, said Brandon Rottinghaus, a University of Houston political science professor and co-author of the poll.

While the undecided electorate represents an opportunity for Jackson Lee to potentially overtake Whitmire’s lead, convincing these voters to support her could be a “Herculean task” given the limited time frame, Rottinghaus said. In past Houston mayoral contests, the first-place finisher in the general election has won every runoff since 1977.

Among all likely voters, the ones most certain to cast a ballot in the runoff lean toward Whitmire, whereas those less sure about voting in December appear to favor Jackson Lee. For the congresswoman to secure a victory, her path hinges on quickly energizing these less committed voters, according to Rottinghaus.

[…]

In line with previous survey results, the latest poll reveals Houston’s voter bases are markedly divided along demographic lines.

Whitmire is projected to have a 43 percentage point advantage among white voters (63% to 20%) and a 20-point lead among Latino voters (43% to 23%). Jackson Lee, on the other hand, holds a strong lead among Black voters (63% to 15%).

More male likely voters said they would cast their ballot for Whitmire (51% to 34%), while women voters are evenly split between the two contestants (35% to 35%).

Though Houston city elections are nonpartisan, voters’ party affiliations continue to play a notable role in the latest poll: Whitmire garnered 68% of Republican support to Jackson Lee’s 12%, while Democrats backed Jackson Lee by 55% to Whitmire’s 25%.

The polling memo and data can be found here. It was a joint effort between Houston Public Media, the Chron, and UH, and as such HPM also has a story.

Roughly two-thirds of white voters favor Whitmire, while roughly two-thirds of Black voters support Jackson Lee. But University of Houston political scientist Brandon Rottinghaus noted that Black turnout in the first round of the mayoral election was down about 20% compared to eight years ago.

“For whatever reason, Black voters are not as enamored with Sheila Jackson Lee as they were with Sylvester Turner,” Rottinghaus said. “You would need to see tremendous turnout in the African American community in order for Sheila Jackson Lee to overcome the support that John Whitmire gets among older Anglos, who are much more likely to vote in municipal elections.”

UH political scientist Jeronimo Cortina said the Latino vote is likely to prove critical, and there too, Whitmire appears to have the edge.

“We’re talking about 43% versus 23%,” Cortina said. “And partially, this is because Senator Whitmire got very important endorsements during his campaign (among others, Congresswoman Sylvia Garcia and State Senator Carol Alvarado), and Jackson Lee, perhaps, did not get as many as those endorsements. However, she got the endorsement of (Harris) County Judge Lina Hidalgo, so that also is important.”

Whitmire also leads overwhelmingly among Republican and conservative voters. His endorsement by former Houston City Councilmember Jack Christie, who openly campaigned as a Republican in the first round, should help Whitmire pick up support among undecideds.

“Typically, those undecideds are distributed to the most Republican member of the candidates who are running. Now, that’s not perfect here, because John Whitmire is obviously a Democrat, but he seemed to be much more conservative than she is in this poll,” Rottinghaus said. “Sheila Jackson Lee is seen to be very liberal by many, and that’s something that can hurt her, especially among voters who are likely to turn out in a municipal race like this.”

Jackson Lee has the advantage among voters under 50, while Whitmire does better among those over 50. Jeronimo Cortina says that balance, too, works in Whitmire’s favor. “Older voters tend to be more reliable in getting out to vote,” Cortina said.

I said my piece about the runoff dynamics in the precinct analysis post. I think I’m more or less in alignment with the two professors here.

The thing that stood out to me about this poll was the large number of undecided respondents. I’m not sure how you can truly be a “likely” voter and not have your mind at least mostly made up. That thought, which made me question how good the sample used in this poll was, led me to take a trip through my archives to look at previous Mayoral runoff polls. Here’s what I found:

2003, Bob Stein/Richard Murray poll – Bill White 53, Orlando Sanchez 35. This post also references a SurveyUSA poll that had White leading 58-40, but I apparently didn’t have a separate post for that and the poll link is broken.

2009, KHOU/KUHF/Rice U – Annise Parker 37, Gene Locke 34.
2009, Chron/Zogby – Parker 42, Locke 36.
2009, KHOU/KUHF/Rice U – Parker 49, Locke 36.

2015, HRBC – Bill King 48, Sylvester Turner 43. Also notes an internal Turner poll that had him up 47-40.
2015, KHOU/KUHF/Rice U – Sylvester Turner 38, Bill King 38.

2019, KHOU/HPM – Sylvester Turner 56, Tony Buzbee 34.

With the exception of that first Parker/Locke poll from 2009, all of these were done in December, often right before Runoff Day, while early voting was taking place. This one as noted was conducted in mid-November, not that long after the initial election. (For years where there are multiple polls, they are in order of when they occurred, so the oldest ones are listed first.) Only the 2015 KHOU/KUHF poll, which did correctly predict the tightness of the race, had as many undecideds among them. I guess most years more people who really are going to vote have their minds made up later on in the calendar. Perhaps if there’s another poll next week we’ll see a result with more definitive answers.

One more thing from the HPM story:

The poll also examined the runoff for Houston city controller between former Harris County Clerk Chris Hollins, a Democrat, and former Harris County Treasurer Orlando Sanchez, a Republican. Jeronimo Cortina said Hollins is ahead, but Sanchez could still pull out a win.

“Chris Hollins has a little bit of a lead, 36% versus 25%,” Cortina said. “And here, the most interesting thing is that the percentage of undecided increases. It goes from 22% to 40% undecided, so there is a lot of room for either Hollins or Sanchez, to improve their numbers.”

I’d say that’s more than a little bit of a lead. The higher level of undecided voters for this race is unsurprising, given that far fewer people actually vote in Controller races versus Mayoral races. Six thousand people skipped the Mayor’s race in November, for an undervote rate of 2.36%. Forty-one thousand skipped the Controller’s race, for a 16.25% undervote rate. Whether or not you think there “should” be any undecided “likely” voters in the Mayor’s runoff, there definitely will be more of them for the Controller’s runoff.

Posted in Election 2023 | Tagged , , , , , , , , , , , , , , , , , , , | 6 Comments

Idaho appeals EMTALA injunction to SCOTUS

Brace yourselves.

Idaho asked the Supreme Court Monday to stay a lower court injunction, or to take up its case directly, as it attempts to fend off the Biden administration’s challenge of the state’s abortion ban.

The government filed suit in August 2022, arguing that Idaho’s abortion ban — which includes penalties for providers who perform abortions — runs afoul of Emergency Medical Treatment and Labor Act (EMTALA).

Health and Human Services Secretary Xavier Becerra published a memo shortly after the Dobbs decision reminding hospitals that EMTALA requires them to perform abortions as part of emergency stabilizing care. Idaho’s ban prohibits abortions except when necessary to prevent the pregnant woman’s death.

The government has argued that the gap between those two requirements is large, and that EMTALA preempts the abortion ban in those cases. That argument won at the district court level, and a judge enjoined Idaho’s ban where it conflicts with EMTALA. A Ninth Circuit Court of Appeals panel, composed of three Donald Trump appointees, lifted the injunction in September. The government immediately moved for emergency reconsideration by the Ninth Circuit en banc, which vacated the panel order and denied Idaho’s request to impose its ban in those emergency situations during the appeals process.

Now, Idaho is going to the Supreme Court for permission to fully enforce its ban.

In its new filing, the state rails against the Ninth Circuit’s “unreasoned order,” its “pulling the case away from a panel that had thoroughly considered the merits of Idaho’s stay application” and the federal government’s “unauthorized power grab.”

Lawyers for the state made many similar arguments to those representing Texas in a parallel case which is currently awaiting a ruling from a 5th Circuit panel that made little effort to mask its hostility to abortion in oral arguments earlier this month. Both states’ legal teams made much of EMTALA’s “silence” on abortion and the federal government’s supposed trampling of state rights.

“The district court’s injunction effectively turns EMTALA’s protection for the uninsured into a federal super-statute on the issue of abortion, one that strips Idaho of its sovereign interest in protecting innocent human life and turns emergency rooms into a federal enclave where state standards of care do not apply,” Idaho’s lawyers fumed.

See here for some background on the Idaho case, and here for the latest on the Texas case. If the Fifth Circuit does what it usually does, then there will be a circuit split and SCOTUS will have to take this up. If not, or if they just take their sweet time, SCOTUS can punt, at least for now. The prospect of another high-profile abortion case on SCOTUS’ docket, in a Presidential year, when the zealots’ argument is basically “we should be allowed to let women get as close to death as possible before we’ll grudgingly let a doctor perform an abortion on her to save her miserable life”, would sure make things spicy. We’ll see what SCOTUS does.

Oh, and just to make things more exciting, today is the day that the Texas Supreme Court has its hearing in the lawsuit to allow exemptions to Texas’ super strict anti-abortion law. As you know, a Travis County judge granted an order allowing some exemptions in an effort to clarify what the law does allow. That ruling was put on hold after it was appealed to SCOTx, and today the hearing will determine whether that injunction will remain in place during the litigation process. Another huge deal, and we’ll know more about what the landscape looks like going forward. I will of course keep an eye on it.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , , | Comments Off on Idaho appeals EMTALA injunction to SCOTUS

2023 runoff early voting Day One totals

Early voting for the 2023 runoff elections is underway. Here’s the news you can use from Harris County Clerk Teneshia Hudpseth:

As early voting begins for the December 9 Joint Runoff Election, Harris County Clerk Teneshia Hudspeth urges voters to cast their ballot before it gets too deep into the Holiday shopping season and they forget. There are 41 voting centers available to Harris County registered voters to exercise their right to vote. The voting centers will be open from November 27 through Tuesday, December 5, from 7 a.m. to 7 p.m.; on Sunday, December 3, the voting centers will be open from noon to 7 p.m.

“Don’t procrastinate. Go vote, now!” asserted Hudspeth, the County’s chief election official.

According to Hudspeth, Houston voters will decide half of the city’s government elected positions, including Mayor, Controller, four at-large council members, and three single-member council members. Voters in Houston Council Districts D, G, and H will see seven contests on their ballot. All other Houston voters will see six. In addition, District 4 voters in Baytown will elect a council member, and Bellaire voters will elect a new Mayor.

“Voters should be aware that only citizens registered to vote within the legal boundaries of a city on the ballot may vote on the contests offered by the city,” reminded Hudspeth. “For example, a “Houston” postal address does not guarantee that a voter lives within Houston proper.”

Sample Ballots for the December 9 Joint Runoff Election are available at www.HarrisVotes.com. Information regarding the City of Houston’s runoff election candidates can be found at https://houstontx.gov/2023-runoff-election.html.

There you go. And here are the Day One numbers:


Year    Mail     Early    Total
===============================
2015   18,138   11,144   29,282
2019    2,269   19,882   22,151
2023      829   13,673   14,502

I wrote about the Day One 2015 runoff EV totals here and about the final 2015 runoff EV totals here. The final daily EV report from 2015 is here. Similarly, the Day One 2019 runoff EV totals are here, and since there was a weird extra day for before Thanksgiving, I also wrote about the Day Two 2019 runoff EV totals here. Those are the numbers I’ve used above. The final 2019 runoff EV totals are here, and the final daily EV report from 2019 is here. Last but not least, the Day One EV totals for 2023 are here.

Kind of a blah Day One, though at least the in person totals are ahead of those for 2015. I don’t know why the 2019 totals are like that. Different times, different behaviors. Early voting runs through next Tuesday, make sure you get out there and vote. Let me know if you have any questions about this.

Posted in Election 2023 | Tagged , , , , , , , , , , | 2 Comments

Precinct analysis: 2023 Mayor’s race

The November 2023 election has been officially canvassed and certified, and that means that there’s precinct data available for me to analyze. I’ve been working on it over the weekend, and I will tell you it’s a bit more of a slog than the even-year elections are. Part of this is because of the change in election software that the county is now using, which gives its output in a format that I’m still getting used to. The bigger issue is that the city of Houston does not play well with the established precinct boundaries within Harris County. There are lots of precincts with single digit numbers of registered voters, and a handful that are split between two Council districts. I had to do a fair amount of manual processing to get things to a point where I could do the usual Excel tricks I’ve developed for these posts. I’ve got it for the Mayor’s race, but now I have to repeat all that for the other races of interest, and that’s going to slow me down a bit. Sucks to be me, but luckily for you all you need to know is right here. Let’s dive in:


Dist    Whitm      SJL  Garcia   JackC  Kaplan    Khan   RobtG  Others
======================================================================
A      10,039    4,959   1,977   2,070     695     229     196     720
B       3,247   13,530     682     387     175     100      89     504
C      26,610   12,356   3,483   2,217   1,571     344     537   1,218
D       5,869   15,582   1,091     604     393     154     185     673
E      14,956    5,758   2,379   5,017     942     513     223   1,102
F       3,553    4,221     803     806     323     184      76     498
G      22,006    5,403   2,358   3,588   1,251     378     169     764
H       7,881    6,652   2,011     719     368     130     409     753
I       5,229    6,602   1,510     650     282     132     602     662
J       3,189    3,028     790     601     250     222      88     438
K       6,523    9,782   1,338     906     451     143     142     565

Dist    Whitm      SJL  Garcia   JackC  Kaplan    Khan   RobtG  Others
======================================================================
A      48.07%   23.74%   9.47%   9.91%   3.33%   1.10%   0.94%   3.45%
B      17.35%   72.30%   3.64%   2.07%   0.94%   0.53%   0.48%   2.69%
C      55.05%   25.56%   7.21%   4.59%   3.25%   0.71%   1.11%   2.52%
D      23.91%   63.47%   4.44%   2.46%   1.60%   0.63%   0.75%   2.74%
E      48.42%   18.64%   7.70%  16.24%   3.05%   1.66%   0.72%   3.57%
F      33.95%   40.34%   7.67%   7.70%   3.09%   1.76%   0.73%   4.76%
G      61.27%   15.04%   6.57%   9.99%   3.48%   1.05%   0.47%   2.13%
H      41.65%   35.15%  10.63%   3.80%   1.94%   0.69%   2.16%   3.98%
I      33.37%   42.13%   9.64%   4.15%   1.80%   0.84%   3.84%   4.22%
J      37.06%   35.18%   9.18%   6.98%   2.90%   2.58%   1.02%   5.09%
K      32.86%   49.28%   6.74%   4.56%   2.27%   0.72%   0.72%   2.85%

Obviously, I’m not going to include a breakdown of every no-name candidate in the race, none of whom received as many as two thousand votes total. All of them together had fewer than 8K votes, or about three precent of the total, which would have put them just ahead of Lee Kaplan. The candidates I do name are listed in the order of their finish in Harris County, except that I just realized that Robert Gallegos was ahead of MJ Khan. Sorry about that.

The good news for Sheila Jackson Lee is that her numbers in Districts B and D compare pretty well to Mayor Turner’s from 2015 and 2019. Black voters are the biggest part of her base, she needed to do well in those districts, and for the most part she did, in both of those years. She didn’t do as well in District K, but she did do better in Districts F, H, I, and J than Turner did in 2015, and came close in 2019 when Turner was running against a less formidable field. I think she has some room to grow, which obviously she’s going to need.

The problem for Jackson Lee is that unlike Turner, who got to run off against a stuffy Republican in 2015 and a weirdo in 2019, she’s facing off against a Democrat who’s not only strong in the parts of the city where the Republicans did well, he’s also much tougher in the Democratic districts. A comparison with the 2015 runoff is instructive. Look at the margins Turner ran up in B, D, and K. I think SJL will have a hard time matching those numbers, given John Whitmire’s relative strength with Black voters. Whitmire is going to do well in the Republican districts, he’s likely to surpass King’s tally in District C, and he beat SJL in District H, which Turner easily carried against King. Whatever paths you can see for SJL to prevail, Whitmire seems to have more of them.

Another way of thinking about it is where do you see the other candidates’ voters going in December? For the most part, Whitmire is fine with them staying home, but for those who do turn out I have to assume that the large majority of Christie, Kaplan, and Khan voters will go his way. The Garcia voters will be more split, and I’d expect the Gallegos voters to favor SJL, but that’s a smaller slice of the pie to begin with and will be less tilted towards SJL than the others will be towards Whitmire. Also, too, I’m still seeing plenty of Whitmire ads, thanks to his still ginormous campaign account balance, but have yet to see anything for SJL. Rule One of any election is you have to make sure people know there is an election and that they should vote for you.

Like I said, I think SJL has room to grow in the districts that favored her. The question is whether she has enough room to grow.

Beyond that, there’s nothing in the numbers that surprises me. I might have guessed that Jack Christie would have done best in District G – he’s a District G kind of guy – but the actual result is hardly shocking. Robert Gallegos did his best in his district, for whatever consolation that is. MJ Khan served in District F, but that was before redistricting, and I suspect that much of his support in District J came from his old turf. In retrospect, I have no idea what I expected from Gilbert Garcia, so sure, that he did best in District H makes some sense.

I intend to do this exercise for the other citywide races, including the two Houston propositions. As noted, it may take me a few days, so be patient. In the meantime, let me know if you have any questions.

Posted in Election 2023 | Tagged , , , , , , , , , , , , , , , | 9 Comments

Musk and Paxton versus freedom of speech

First there was this.

It didn’t quite happen the moment court was open, as Elon Musk the billionaire owner of X/Twitter had promised, but at the end of Monday, the social media platform did file its “thermonuclear” lawsuit against media watchdog Media Matters for America.

That lawsuit involves a Media Matters report released on Nov. 16, which shows examples of neo-Nazi and white supremacist content on Musk’s social media platform being served up alongside ads from major corporations, including IBM and Apple. However, Musk’s lawsuit contends that Media Matters and the report’s author, Eric Hananoki, “knowingly and maliciously manufactured side-by-side images depicting advertisers’ posts on X Corp.’s social media platform beside Neo-Nazi and white-nationalist fringe content.”

The suit seeks “actual and consequential damages” from loss of revenue, to have Media Matters cover X Corp.’s legal expenses, and for Media Matters to pull the article from everywhere the group published it. The only problem with the suit is that not only can anyone else reproduce the report’s results with trivial effort, but the suit itself seems to confirm the findings.

Be sure to read that report. In the aftermath, just as black mold follows a flooded living room, there was this.

Attorney General Ken Paxton announced an investigation Monday evening into Media Matters for possible fraudulent activity in response to the media watchdog group’s report last week that prompted companies to pull advertisements from X, the site formerly known as Twitter.

Earlier on Monday, X CEO Elon Musk filed a federal lawsuit in the Northern District of Texas against Media Matters, alleging the organization manipulated information it gathered to defame the social media company.

Paxton said his office would investigate allegations that Media Matters — which he referred to as a “radical anti-free speech organization” — had violated Texas laws protecting consumers from fraud.

“We are examining the issue closely to ensure that the public has not been deceived by the schemes of radical left-wing organizations who would like nothing more than to limit freedom by reducing participation in the public square,” Paxton said in a statement Monday evening.

Two of Paxton’s former top lieutenants filed the lawsuit, former Solicitor General Judd Stone and former Assistant Attorney General Christopher Hilton. Stone and Hilton left the Texas Attorney General’s Office shortly after they successfully helped defend their former boss during Paxton’s impeachment trial.

I’m sure Elon Musk’s boots are nice and shiny now. This is of course all bullshit, but the power of a right-wing grievance and a friendly judge cannot be dismissed. I suggest you read Chris Geidner, Ken White, and Kathryn Tewson for a deeper dive into what it all means. One hopes that this will all go away, but one should not count on that. Thanks to Ginger for those last two links, which were in the most recent Dispatches from Dallas.

Posted in Legal matters | Tagged , , , , , , , | 4 Comments

The Chron covers The MOB

Obviously, I am going to make note of this.

A spectacle on the Rice Stadium football field: A college student wearing a suit and fedora hands a giant check for $0 to a man in a rubber horse helmet.

Scoffs, over in the Southern Methodist University section of the bleachers: The Mustangs forfeited nine years in TV revenue to join a Power Five athletic conference, and Rice University’s band couldn’t resist making the deal the punchline of its halftime show.

“Nothing that we couldn’t handle,” SMU graduate Ryan Alexander says after the performance. “All is fair in love and football, right?”

Members of Rice’s Marching Owl Band would tend to agree, having lampooned teams, universities and political events for decades with productions that make some cackle and others grind their teeth. The group known more affectionately as The MOB has built such a reputation in college sports that fans and rivals alike might arrive at a football game wondering more about what the people in Blues Brothers costumes might do than what might happen on the gridiron.

The MOB got attention this fall for an Austin Powers-themed sketch that painted Houston ISD Superintendent Mike Miles as Dr. Evil and scorched his decision to remove librarians at around 85 schools. Only at Rice — a university recognized for its academics and quirky student population — could a band blend nerdom with wit and achieve a minor brand of celebrity.

“Rice students, we love that we’re different. The MOB is part of that,” said sophomore Isabella Campos, who is not a member of the organization. “It’s rare that some undergrads have that much power in something like a schoolwide marching band.”

See here for more on that show about Mike Miles. I for one will never forget that he was all pissy about it. Be that as it may, this is a nice long article that is worth your time to read. I spoke to the reporter as well – she attended a game a few weeks ago and talked to a bunch of us – but she focused mostly on quotes from the students, which makes sense. (You can spot me in a couple of the photos, if you care to click through them.) One thing I said to her that I’ll repeat here is that the MOBsters of 2023 would have fit in just fine with the MOBsters of twenty or thirty years ago. There are just fewer of them now than there were then. We do our best to cope with that. Anyway, read and enjoy.

Posted in Elsewhere in Houston, Music | Tagged , , , | Comments Off on The Chron covers The MOB

Weekend link dump for November 26

RIP, Rosalynn Carter, passionate champion of mental health, caregiving, and women’s rights, former First Lady, all around excellent person.

“Companies worth billions of dollars are, without permission, training generative AI models on creators’ works, which are then being used to create new content that in many cases can compete with the original works. I don’t see how this can be acceptable in a society that has set up the economics of the creative arts such that creators rely on copyright.”

“After the ex-wife of a Trump Organization insider talked to prosecutors, she lost her children and her home. But she’s still fighting.”

“Re-recording restrictions have gotten tougher in recent years for reasons you can probably figure out. [The labels] don’t want you to duplicate your recordings — like ever — and then they will limit the other types of recordings you can do. So, it’s gotten tougher as the labels get more concerned about artists re-recording their catalog.”

“The ALPHV/BlackCat ransomware operation has taken extortion to a new level by filing a U.S. Securities and Exchange Commission complaint against one of their alleged victims for not complying with the four-day rule to disclose a cyberattack.” That is next level.

“Starting in December, Disney will begin testing a new version of its streaming services by combining Hulu and Disney Plus into a single app. The news (which follows Disney’s recent acquisition of Hulu) has led to a lot of questions. Is Hulu going away? What will the app experience be like? Do violent movies like Prey or No One Will Save You really fit with the Disney Plus brand? The good news is that the answer to most of those questions likely already exists outside of the US, which I know because I’ve been using it for more than two years. It’s not confusing at all. In fact, it looks a lot like traditional TV.”

“It’s almost like the post-Roe timeline is playing out at 10-times speed. First they tried a constitutional amendment to do jurisdiction stripping, which they talked about after Roe in the ‘70s and ‘80s. Then they talked about passing bans anyway. Then they moved into health regulations.”

Lock them up.

“My $200, 12-year-old Thinkpad has outlasted two high-end Macbooks”.

“How mathematics built the modern world”.

“The company that created ChatGPT was thrown into turmoil Monday after Microsoft hired its ousted CEO and many employees threatened to follow him in a conflict that centered in part on how to build artificial intelligence that’s smarter than humans.”

“A Southern California company is showing how repurposing EV batteries for stationary storage can extend their usefulness for several years.”

RIP, Willie Hernandez, former MLB reliever who won the Cy Young and MVP awards for the Detroit Tigers in 1984.

“Once again, the message from conservatives is clear: Voters just can’t be trusted to make decisions on abortion.”

“By the numbers, of four hundred and eight articles on the front page of the Times during the period we analyzed, about half—two hundred nineteen—were about domestic politics. A generous interpretation found that just ten of those stories explained domestic public policy in any detail; only one front-page article in the lead-up to the midterms really leaned into discussion about a policy matter in Congress: Republican efforts to shrink Social Security. Of three hundred and ninety-three front-page articles in the Post, two hundred fifteen were about domestic politics; our research found only four stories that discussed any form of policy. The Post had no front-page stories in the months ahead of the midterms on policies that candidates aimed to bring to the fore or legislation they intended to pursue. Instead, articles speculated about candidates and discussed where voter bases were leaning.”

“The U.S. government just dropped a hammer on the biggest name left in cryptocurrency (as if this week wasn’t wild enough for the technology industry).”

RIP, Marty Krofft, longtime TV producer who along with his brother Sid created H.R. Pufnstuf, Land of the Lost, and much more. Mark Evanier has a nice tribute to him.

Posted in Blog stuff | Tagged | Comments Off on Weekend link dump for November 26

Candidate filing update

There’s still more than two weeks to go until the filing deadline for the 2024 primaries, so there are still a lot of people who haven’t filed or haven’t made their surprise announcement that they’re not filing yet. So if you don’t see someone you’re looking for yet, there’s still plenty of time.

A longtime correspondent reached out over the holiday to remind me that Trib reporter Patrick Svitek continues to maintain a candidate filing spreadsheet, which you can find via this pinned tweet. He’s done this every season, usually getting it going several months in advance as the earliest candidate announcements are being made, and it’s a super valuable resource.

The Secretary of State has finally added its search form for the 2024 filings that it has received. Your county party will have a more up to date list than they do – basically, they take what the counties send them on a daily basis and update as they go – but it’s a useful way to search for all filings, including those four county-level office. I looked at their federal filings list, and so far none of the Ted Cruz challengers have made it official, and Julie Johnson is the first to file in CD32. I’ll come back to this later.

And here’s the latest version of the HCDP spreadsheet. So far, Molly Cook and Todd Litton are set for SD15, Chase West will try again in HD132, Rosalind Caesar is in for HD139 (which will presumptively be open as Rep. Jarvis Johnson runs for SD15), and Rep. Hubert Vo has picked up a challenger (someone named David Romero) in HD149. Also, former City Council member Jerry Davis has thrown his hat into the ring for Tax Assessor.

I’ll keep an eye on all these and will post a more detailed look around the state shortly. For now, you have the same sources that I do.

Posted in Election 2024 | Tagged , , , , , , , , , , , , , , , , , , , , , , | 2 Comments

Prop A gets its first customers

First there was this:

Council Members Carolyn Evans-Shabazz (District D) and Mary Nan Huffman (District G) joined Council Member Amy Peck (District A) to submit notice to the City’s Agenda Office to place an item on the City Council Agenda.

This is the first time council members submitted an ordinance to the agenda after the historic City Charter change by voters in the last election. The item is now in the process for review by the Legal Department.

Council Members Peck, Evans-Shabazz, and Huffman prioritized water bill relief as the first item to be placed on the agenda after hearing from Houstonians who are rightfully frustrated. Houston Public Works often estimates water usage and back-bills customers after the meter is read. This proposed ordinance change would prohibit the Department from correcting bills where the error occurred over three months prior unless the correction is in the customer’s favor. The current practice of being able to look back up to two years often resulted in customers being charged thousands of dollars. Although the Department recently started adopting this new policy, the ordinance would codify this change and ensure that the policy is being applied on every bill. There has not been consistency in this practice.

“Now that council members can place items on the agenda, I intend to offer items like this that make a real difference to people,” said Council Member Peck. “People came to us with a problem, and now we have the ability to fix it. This is how government should work.”

Council Member Evans-Shabazz said, “I am deeply gratified that the first application of our new charter amendment will directly address the concerns of our residents struggling with exceptionally high water bills. This action not only aligns with the core intent of the amendment but also embodies its spirit, offering hope and relief to our community members.”

Council Member Huffman added, “This measure codifies existing policy and will provide residents with meaningful consistency as we prepare to transition to a new administration. Residents of Houston should not be penalized for the city’s error. The amendment we proposed today will cap billing overages resulting from malfunctioning city equipment and will also incentivize Houston Public Works to make sure that their meters are functioning properly.”

That was on Tuesday afternoon. It was followed a couple of hours later by this.

Please attribute the following statement to Mayor Sylvester Turner.

“Over the last few months, Houston Public Works and the City of Houston Legal Department have worked on comprehensive changes to our Municipal Code of Ordinances to address the issue of high water bills. This extensive array of regulatory and process improvements is designed to bring customer relief. My administration will present the proposed changes to City Council in the coming weeks with a target date of December 6, 2023.”

The Chron takes it from there.

High water charges have emerged as a flash point issue at City Hall as some customers have reported huge spikes in their bills, sometimes more than $1,000.

In many cases, the Houston Public Works estimates water usage and back-charges after reading residents’ meters, but that can take time.

Houston’s water meters automatically transmit household usage to the city’s server wirelessly. But aging meters and slow replacements have caused the number of malfunctioning devises in a given month to more than double from 36,800 in 2020, to 91,000 in March, according to Public Works data.

The problems led to extra charges for water customers and a flood of complaints in the departments bill dispute system.

Campos had been following this story, which involved a bit of contretemps between Mayor Turner and KPRC reporter Amy Davis, and which now goes in the books as the first Council-placed item on an agenda. If this is the norm, then Prop A (which I did ultimately vote for, despite my previously expressed reservations) will turn out well. If not, well, at least it got off to a good start.

Posted in Local politics | Tagged , , , , , , , , | 1 Comment

We could get an Amtrak connection from Atlanta to Fort Worth

Or it could all be killed by the Freedom Caucus nihilists. That’s just how these things go these days.

A passenger rail line project touted as a major connectivity and economic boost to the Fort Worth region and beyond could soon be at risk amid proposed federal budget cuts to Amtrak.

Since 2006, members of the I-20 Corridor Council have been working with Amtrak and other regional partners to connect Fort Worth to Atlanta, creating an east-west connection that could eventually be part of the transnational corridor between Los Angeles and New York City.

The passage of the $1.2 trillion bipartisan infrastructure law in 2021 — which allocated $66 billion in rail service investment — made the 815-mile long-distance route between Fort Worth and Atlanta more of a reality. However, the U.S. House proposed a 64% cut to Amtrak’s 2024 budget has rail advocates worried about its impact on major rail projects, including the Fort Worth-Atlanta line.

“Amtrak has advised us that this (project) is one of their top three priorities,” said Richard Anderson, chairman of the I-20 Corridor Council. “I would anticipate that, if there’s that draconian of a reduction, that we will see a corresponding reduction, if not elimination, of the I-20 corridor.”

Amtrak is currently working on extending two service lines out of Fort Worth. The first would connect Fort Worth to Atlanta, along Interstate 20, adding the missing link from Marshall to Meridian, Mississippi. This project would connect the current Texas Eagle line, which runs between San Antonio and Chicago, and the Crescent line, which runs from New Orleans to New York.

The second project would extend the Heartland Flyer line, which currently runs between Fort Worth and Oklahoma City, up to Newton, Kansas.

A possible Amtrak line between Fort Worth and El Paso is being explored as part of the Federal Railroad Administration Long-Distance Service Study. This rail line was lost 50 years ago, said Marc Magliari, senior public relations manager at Amtrak. A report is expected in the spring or summer of 2024.

You can see a fuller map of all the existing lines that would be connected by this project on the I-20 Corridor Council page. There’s a separate project for a high speed rail line between Dallas and Fort Worth, and Amtrak recently announced a partnership with Texas Central for its Houston to Dallas line. I don’t think either of those would be affected by these shenanigans, but I don’t know that for a fact. I do know there are a couple of retiring Republicans who represent this area and who might try to exert some influence over their more frothing-at-the-mouth brethren and sistren, if they care for this. I also know I wouldn’t hold my breath waiting for that. Best hope – and goal to work for – is for the maniacs to flame out as they usually do and then have the Dems take over again in 2025 so we can avoid this tired bit of nonsense, at least for awhile. In the meantime, here we are.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , , , , , , , | 1 Comment

Harris County drops its lawsuit over the law banning its Elections Administrator

The right move at this time, though the whole thing still rankles.

Harris County dropped its lawsuit against the state on Wednesday, ending its challenge to a law that went into effect weeks ago eliminating the county’s elections office.

The county had hoped to stop the measure Texas Republicans passed earlier this year that abolished the Harris County elections administrator, an appointed position, and returned election duties to two elected officials, the county clerk and the tax assessor-collector. However, Harris County Attorney Christian Menefee on Wednesday called the case “moot” since the county was already forced to comply with the law starting on Sept. 1.

Though more than half of Texas counties have an appointed elections administrator, the new law applies only to Harris County, which created the office in July 2020.

[…]

Harris County Attorney Christian Menefee had argued the law violated the Texas Constitution by targeting just one county. A district judge agreed with Menefee in August, temporarily delaying the measure from going into effect and writing in her order that Harris County should not be forced to implement “an unconstitutional statute” that was designed “to deprive Harris County of a statutory right available to every other county in Texas.”

When the Texas Attorney General’s office appealed that ruling, the Texas Supreme Court decided the law could go into effect as planned and was scheduled to hear the county’s argument on Nov. 28 that the law was unconstitutional.

The county instead made a motion to dismiss the lawsuit days before that hearing.

“The Texas Supreme Court’s decision in August allowed the state to abolish the elections administrator’s office,” Menefee said in a statement Wednesday evening. “That mooted the county’s claims. I look forward to continuing to support County Clerk Teneshia Hudspeth in elections moving forward.”

I mentioned the appellate hearing in this post, though at the time I thought it had already happened. I agree with the county’s decision to stop pursuing this lawsuit, as the horse is out of the barn and even if we had won it would not make any sense to change how we conduct elections again, for the umpteenth time in three years. It’s all water under the bridge, and it might be best to turn the temperature down a wee bit by conceding on an issue that isn’t of the greatest importance. I remain concerned that the precedent has now been set that the Lege can specifically target one county in a way that will forever only apply to that county, but that will have to be a fight for another day, either when it comes up in another bill or if a future Harris County government wants to go the Elections Administrator’s office route again. For now, we’ll live with this.

Posted in Legal matters | Tagged , , , , , , , , , , , | 1 Comment

Anti-porn law un-blocked

Welp.

Texas can again enforce its new law requiring people to prove they are 18 or older to access online porn.

The U.S. Fifth Circuit Court of Appeals granted the state’s request last week to lift a temporary injunction that had blocked implementation of House Bill 1181. Signed into law in June, it requires any commercial entity that publishes or distributes pornographic content online to use age-verification methods to bar users under 18.

In August, a coalition of pornography websites and advocates, including the popular streaming platform Pornhub, sued Texas to prohibit the law from taking effect. A federal judge ruled in their favor, agreeing that the measure likely violated the First Amendment.

But on Nov. 14, a three-judge federal appeals panel on the Fifth Circuit vacated the injunction pending appeal. The panel heard oral arguments last month and said it would “issue an expedited opinion as soon as reasonably possible.”

In the meantime, the state is free to enforce HB 1181, which requires individuals attempting to access sexual material to provide digital identification, government-issued identification or transactional data (like mortgage or employment records) to prove they are not minors. The law prohibits companies from retaining any of the identifying information.

See here and here for the background. The order just lifts the injunction pending a hearing and ruling on the appeal, it does not offer any reasons for doing so. I dunno, man. The Fifth Circuit is gonna do what the Fifth Circuit is gonna do. Maybe someday we’ll have a real Court of Appeals and not a bunch of frothing ideologues over there. Today is not that day. The Current, which notes that as of Tuesday the law was not being observed by at least several leading companies, has more.

Posted in Legal matters | Tagged , , , , , , , | Comments Off on Anti-porn law un-blocked

Woolly mammoth de-extinctioning

Here we go.

In a historic building in Deep Ellum, a colossal effort is underway to bring some of the most famously extinct animals back to life.

The wild mission comes from a Dallas-based company called Colossal Biosciences which is working to de-extinct the woolly mammoth, lost 4,000 years ago.

Matt James is Colossal’s chief animal officer.

“We are creating technology that’s going to change tomorrow with de-extinction but what’s amazing is that those technologies are making a difference to endangered species conservation today,” said James.

Using DNA from Asian elephants and DNA recovered from woolly mammoths frozen in the arctic tundra, researchers at Colossal Biosciences are using gene editing technology to reengineer the genome of an Asian elephant until it reflects that of a woolly mammoth.

“As it turns out the woolly mammoth and Asian elephant are 99.6% gnomically similar,” said James.

And that’s just part of the project.

Inside its labs in Deep Ellum, work is underway to create artificial wombs to grow a woolly mammoth calf.

Colossal has set a due date for the year 2028.

“When I was offered this position, I was sort of considering my life choices in this amazing opportunity to work at Colossal, my little brother called me and said, ‘Do you understand you could be the first modern human to ever see a woolly mammoth? You could be the first person that’s there to take that photo with a mammoth,’ and that opportunity is not lost on me. That privilege is incredible and it’s an amazing driving force,” said James.

But there’s an even bigger driving force.

James says restoring a mammoth ecosystem can preserve permafrost, or ground that remains frozen, and slow the release of greenhouse gases.

“This is probably worth 100 different lifetimes of achievement to accomplish this goal, but we have to push as fast as we can because we are facing this imminent threat of global climate change,” said James.

See here for some background. As the story notes, Colossal Biosciences is also working on projects to revive the dodo and the Tasmanian tiger. The idea behind it all, beyond the inherent coolness, is that these animals were crucial to their local ecologies and having them back would be a boon for them. I’m not qualified to speak to that and it seems like a big bet, but that’s what they’re doing. We’ll see where they are in five years. Reform Austin has more.

Posted in Technology, science, and math, The great state of Texas | Tagged , , , , , , , | 2 Comments

Paxton whistleblowers demand depositions

As always, I am rooting for them.

A crook any way you look

Lawyers for the Ken Paxton whistleblowers are moving forward with their lawsuit in Travis County after another judge cleared the way, asking the Austin-based court to force the attorney general and his top aides to sit for depositions.

The whistleblower lawyers filed a motion Tuesday to compel the depositions, calling it a last resort after they could not reach an agreement with lawyers for the Office of the Attorney General.

“OAG’s effort to resist these straightforward depositions is nothing more than a continuation of OAG’s cynical effort to deny Plaintiffs their right to access to the justice system,” the whistleblower lawyers wrote.

The whistleblower lawyers specifically want to take depositions from Paxton; Brent Webster, the first assistant attorney general; Lesley French Henneke, chief of staff at the agency; and Michelle Smith, Paxton’s longtime political aide. The lawyers proposed a schedule where Paxton is deposed Dec. 12, Webster on Dec. 14, Henneke on Dec. 18 and Smith on Dec. 20.

[…]

In their latest filing, the whistleblowers’ lawyers say the Burnet County lawsuit was just the latest delay tactic by Paxton’s side in the 3-year-old case. The lawyers asked the Travis County court to compel the depositions so that the whistleblowers “may at long last pursue justice.”

If the whistleblowers’ motion is granted, it would be the first time Paxton would be required to answer questions under oath related to the allegations of bribery and corruption made against him. Paxton did not take the stand in his Senate trial in September.

While the Burnet County judge, Stubbs, allowed the Travis County case to restart last week, the more recent lawsuit in his court remains pending. Stubbs set a Dec. 14 hearing on a motion by the whistleblowers to change the venue to Travis County.

See here for the previous update. I have a hard time seeing what the argument is for not allowing such depositions, though I’m confident that Team Paxton will make one and that it will be deeply annoying. I’m also not sure what remains to be argued in that Burnet County lawsuit, but I guess we’ll find out on December 14. In the meantime, let’s all think up what questions we’d like to ask Ken Paxton when he is under oath and the threat of perjury hangs over his guilty little head. I’m sure there’s a very long list.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , , , , , , | Comments Off on Paxton whistleblowers demand depositions