Fifth Circuit hears wingnut anti-contraception appeal

Stop me if you’ve heard this one before, but don’t get your hopes up. In fact, keep them down.

For almost a year, Texas teens have been shut out of a federal program that allows minors to access birth control without parental consent.

On Monday, the 5th U.S. Circuit Court of Appeals indicated they may uphold the court ruling that stymied the program. The three-judge panel did not rule from the bench, but seemed supportive of conservative attorney Jonathan Mitchell’s case, with one judge calling the contraception program a “destruction” of parental rights.

Mitchell, a former Texas solicitor general, filed the case on behalf of Alexander Deanda, an Amarillo-area father raising his daughters “in accordance with Christian teaching on matters of sexuality.”

The U.S. Department of Justice’s cornerstone argument is that Deanda has no legal right to bring this case because he cannot show that his daughters have ever even visited one of the clinics, let alone were prescribed birth control without his consent.

Less than 30 seconds after the DOJ began arguments Monday, Judge Catharina Haynes interrupted.

“If your kid knows you don’t want them to go have sex when they’re 15, they’re certainly not going to tell you they want to go and get some medicine so that they don’t end up pregnant,” Haynes said. “So how the heck is [Deanda] going to know that?”

Appeals courts have repeatedly ruled that minors have a right to confidential contraception under the Title X program, which Mitchell acknowledged Monday. But he asked the judges — two appointed by President George W. Bush and one appointed by President Donald Trump — to reject that precedent and instead find that Texas’ parental consent code should dictate how this federal program operates in the state.

“Texas has been the birthplace of a lot of bad sexual and reproductive health policy that other states have replicated,” said Stephanie LeBleu, program director with Every Body Texas, a nonprofit that administers the Title X grant in Texas. “If the 5th Circuit upholds this ruling, there’s a bigger question about what this means for access to birth control, full stop, and not just in Texas.”

See here, here, and here for the background. As with the EMTALA appeal, the question is not “how will they rule”, but “did they already have an opinion written before any of the lawyers entered the courtroom?” And, when they make their ludicrous and predetermined ruling, will SCOTUS decide that they have gone too far? We all know how much fun putting faith in SCOTUS is. Fifth Circuit delenda est. Slate has more.

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Another effort to discipline Sidney Powell

Sure seems worth the effort.

Reacting to the guilty pleas entered by former Donald Trump attorney Sidney Powell in Georgia, a prominent group of Texas lawyers is urging the State Bar of Texas to follow a compulsory-discipline rule against her.

In an open letter to the Office of Chief Disciplinary Counsel on Monday, 17 attorneys—including three past presidents of the bar and two former Texas Supreme Court Grievance Oversight Committee members—noted the offenses to which she admitted guilt “require imposition of compulsory discipline,” according to the Texas Rules of Disciplinary Procedure.

Chuck Herring, a former Grievance Oversight Committee member and signatory to the letter, said the letter is not a formal grievance because the Texas Legislature changed the rules to limit who could file a grievance to judges and lawyers on a case and other persons with a cognizable individual interest.

“Exactly what that standard means is still somewhat uncertain,” Herring said. “We’ve primarily relied on the Compulsory Discipline procedure set out in Texas Rules of Disciplinary Procedure. Rule 8.01 says, in part, that ‘When an attorney licensed to practice law in Texas … has been placed on probation for an Intentional Crime …, the Chief Disciplinary Counsel shall initiate a Disciplinary Action seeking compulsory discipline,’” Herring said.

On Oct. 19, Powell pleaded guilty in Georgia’s Fulton County superior court. The criminal counts pertinent to a case against her in Texas included efforts to illegally tamper with electronic ballot markers and tabulating machines; possess official ballots outside polling places; taking property of and removing voter data owned by or controlled by Dominion Voting Systems Corp., and the examination of personal voter data.

The attorneys letter states in part, “In her guilty plea, Ms. Powell admitted her factual guilt to each of the six counts in the indictment. Those crimes are grave offenses. Even if this matter did not qualify for compulsory discipline—which we strongly believe it does—the underlying facts that Ms. Powell admitted show that she is subject to discipline under the standard disciplinary procedure applicable to non-compulsory cases.”

The state bar initiated an ethics investigation in March 2022 based on Powell’s actions related to the 2020 election against Powell and Powell elected to have the administrative hearing in a district court. On Feb. 22, the trial judge dismissed the state bar’s complaint based on Powell’s “no evidence” defense. That case is currently on appeal before the Fifth District Court of Appeals as Case No. 05-23-00497-CV.

See here, here, and here for the background on the original State Bar lawsuit against Powell. I’m obviously no expert here, but she did indeed plead guilty to multiple crimes, and is still potentially on the hook for federal charges, in part because of what she has admitted to in court. Seems like a reasonable cause for action to me. We’ll see if the State Bar agrees.

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Weekend link dump for November 12

“Scarlett Johansson has taken legal action against an AI app that used her name and likeness in an online advertisement without permission.”

“Now, a team of scientists posit that silicate dust played a larger role in the mass extinction [of the dinosaurs] than previously estimated. Using paleoclimate simulations and details of the material kicked up by the impact, the researchers determined that fine dust may have stayed in Earth’s atmosphere for up to 15 years following the asteroid impact, which could have cooled the Earth significantly—by about 27°F (15°C).”

“Same idea. “I don’t believe you were riding magical flying beasts with Diana because I don’t believe that either Diana or magical flying beasts exist.” The rabbi and the medieval church were monotheists, not monolatrous polytheists. The idea that either Jewish or Catholic orthodoxy required belief in the existence of the goddess Diana would have seemed confused and confusing to them.”

“Think, for just a moment, about the worst relationship in your past—and why it ended. Odds are, there wasn’t just one reason, it wasn’t one thing, it was everything: a book’s worth of fights and slights and resentments and grievances. Maybe there was a final indignity—an affair, a betrayal, the discovery of a derogatory text—but even if one party was blindsided, the other could list a dozen long-gestating reasons for the breakup. That’s why Fox dropped Carlson. It wasn’t one thing. It was everything.”

We need to stop asking people in diners about foreign aid. (Populists who demand that we rely on guidance from The People should remember that most Americans think foreign aid should be about 10 percent of the budget—a percentage those voters think would be a reduction but would actually be a massive increase.)”

“After two years of deliberation, the American Ornithological Society announced on Nov. 1 that birds in North America will no longer be named after people. The group plans to rename all species that honor people, as well as any species whose names that are deemed offensive and exclusionary, with new names that actually describe the birds’ appearance, habitat, or behavior.”

This story about Geddy Lee’s baseball memorabilia collection is just delightful.

“Years before House Speaker Mike Johnson was elected to public office, he was the dean of a small Baptist law school that was supposed to take shape in a historic building in downtown Shreveport, but never did.” The law school would have been named for accused pedophile and rapist Paul Pressler.

New Minnesota Vikings quarterback Josh Dobbs majored in aerospace engineering, finished college with a 4.0 grade point average, and was twice an intern at NASA. So yeah, he’s also a rocket scientist.

“So when a six-month romp is reversed in less than a week, it creates a credibility issue. When it happens in consecutive years in the same league, it cries out for an explanation. There is no satisfactory one, of course. The truth is “because when two good teams play a best-of-five, no result is a surprise,” and let me tell you that no one wants to hear that.”

“Office-sharing company WeWork filed for Chapter 11 bankruptcy protection in New Jersey federal court Monday”.

“CBS’ news-and-stations division will launch a new unit to examine misinformation and so-called “deepfakes,” or false videos that can often be generated via artificial intelligence.”

“The collective erosion of X, Instagram, and Facebook marks a turning point for millennials, who are outgrowing a constant need to be plugged in.”

RIP, Robert L. “Bobby” Moody, member of Galveston’s iconic Moody family.

“This “embattled and thriving” thesis has shaped scholars’ understanding of evangelical culture for decades. But it is coming under strain, as it is no longer clear that this community is thriving, at least religiously. By many measures the white evangelical community has actually been shrinking. The community is deeply divided over a number of issues, not least their alliance with Trump, which tarnished an already troubled brand. If white evangelicals today perceive themselves as more embattled than ever, shouldn’t this be making them stronger?”

Don’t mess with tuba players.

I swear, nobody thinks about pr0n as much as evangelical Christians do.

Yes, by all means, bring back the USA Network. In Plain Sight had a top ten series finale, and I will die on that hill.

Good riddance, and about damn time.

RIP, Frank Borman, astronaut who commanded the Apollo 8 mission that circled the moon ten times. Here’s his biography from NASA.

Why does David Zaslov hate movies so much?

RIP, Jezebel.com, former Gawker media site.

Vatican removes conservative Texas bishop who was critical of Pope Francis”.

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Fifth Circuit upholds (*) Galveston redistricting ruling

With an asterisk, as noted in the title.

Commissioner Stephen Holmes

A federal appeals court Friday ruled that Galveston County commissioners violated the U.S. Voting Rights Act by eliminating the only majority-minority district in its latest redistricting process.

The 5th Circuit Court of Appeals affirmed October’s ruling finding the county violated the Voting Rights Act, but the judges said previous precedent essentially tied their hands. Three judges on the panel wrote they were interested in revisiting precedent, which allows claims on behalf of a broad coalition. In this case, that means on behalf of Black and Hispanic voters, said Mark Gaber, the Campaign Legal Center’s senior director for redistricting. The legal center was one of the plaintiffs who sued the county after it passed the maps in 2021.

The Justice Department, local branch of NAACP and residents of the redrawn district, among others, also sued. The case went to trial in August in Galveston.

While upholding Judge Jeffrey Brown’s ruling in the matter, the circuit court panel called on their fellow judges to vote on whether or not to call a special hearing — in which all 17 of the circuit court judges would meet and consider the case — to revisit precedent on Voting Rights Act cases, Gaber said.

Gaber said he wasn’t sure what the full court would decide, but it would be unusual if they did call for a hearing. The 5th Circuit already had a similar hearing, called an en banc hearing, on the same matter in the 1990s, he said.

“The whole idea of an en banc hearing is to settle an issue,” Gaber said.

Galveston County Judge Mark Henry said he hoped the hearing would happen. Shortly after the decision was published, the county asked for a stay on Brown’s orders to redraw the maps to include a majority-minority district before the next county commissioner election. The stay was granted, Henry said.

[…]

The stay of a redrawn map could mean that Holmes is faces the possibility of having to run for election in a district Brown declared discriminatory. Filing for the 2024 primary season opens on Saturday. It’s unclear what would happen if the 5th Circuit now decides to uphold Brown’s order for a redrawn map, which could only come after the filing period is open.

See here and here for the background. I have to admit, I didn’t even know that a three-judge panel could ask for an en banc hearing. I thought only one of the parties involved could do that. The more you know, and all that. I have no idea what happens now, but it should go without saying that having Commissioner Holmes run in a precinct that has been declared unconstitutional is an abomination. It also goes without saying that this sort of thing is just another Tuesday to the Fifth Circuit. Hopefully we’ll know more soon. Democracy Docket and Michael Li, who also noted a different bit of Fifth Circuit shenanigans, have more.

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Appeals court reinstated State Bar lawsuit against Brent Webster

I came across this story from July while writing my post about Ken Paxton’s trial date.

A court of appeals reinstated a Commission for Lawyer Discipline action against the first assistant attorney general for his role in the 2020 election-questioning campaign by former President Donald Trump supporters.

First Assistant Attorney General Brent E. Webster was suspended Attorney General Ken Paxton’s co-counsel in Texas v. Pennsylvania, a failed filing to the U.S. Supreme Court that concerned voters in Pennsylvania, Michigan, Wisconsin and Georgia.

[…]

While in Paxton’s case, the district court denied his plea to jurisdiction and he appealed, the district court in Webster’s case ruled the opposite, granted the plea to jurisdiction and dismissed.

The Commission for Lawyer Discipline appealed, and on July 13 Chief Justice Yvonne T. Rodriguez ruled “the commission’s jurisdictional allegations affirmatively demonstrate the trial court’s jurisdiction.”

Brynne VanHettinga, an inactive Texas attorney, filed the grievance against Webster, which led to an investigation and a grievance panel report that credible evidence supported a finding of professional misconduct.

VanHettinga alleged the Texas v. Pennsylvania pleadings included manufactured evidence, specious legal arguments, unsupported factual assertions, unfounded claims, and conspiracy theories, and that Webster violated his oath as an attorney and a public servant.

Just as in circumstance with Paxton, Webster was offered a chance to accept a public reprimand, he refused and the commission took the matter to district court.

The 368th District Court of Williamson County accepted Webster’s challenge to the court’s jurisdiction, based on his argument the commission’s actions violated the separation of powers and sovereign immunity.

Rodriguez’s opinion states the commission’s claims clarify the state is not the real party in interest.

“The substance of the commission’s petition targets Webster personally, not in his official capacity. For example, the commission seeks ‘a judgment of professional misconduct’ against Webster, something that affects only his license to practice law in Texas and has no effect on the state,” Rodriguez said.

“it is not the filing of that (SCOTUS) suit that the commission’s disciplinary proceeding targets but specific alleged misrepresentations in its pleadings,” Rodriguez said. “Further, the Commission does not pursue relief that would ‘control state action.’”

Immunizing Webster from professional misconduct proceedings in no way supports Webster’s sovereign immunity rationale, the opinion said, because there are no civil damages against the state.

Webster argued the immunizing executive branch attorneys from disciplinary proceedings is “harmless” because they are subject to checks on their ethical obligations in other ways, Rodriguez noted.

“However, the Disciplinary Rules of Professional Conduct contemplate and reject the same principle; the Rules may be enforced only through ‘the administration of a disciplinary authority,’” Rodriguez noted.

“That attorneys have ethical obligations that may be policed elsewhere is thus inapposite, as no other mechanism can regulate Webster’s Texas-law license,” the chief justice concluded.

See here and here for the background. I thought that judge’s ruling was bad and I wanted it appealed, and hey, I got my wish. That doesn’t mean that the complaint against Webster will necessarily move forward, it means that the matter goes back to the district court, where Webster can and presumably will try again to get it dismissed. He’ll need to run out a new argument, and we’ll have to see what he goes with. Paxton’s defense, which as noted was not enough to get his lawsuit tossed, is basically the same and awaits a hearing from the Dallas Court of Appeals. Hopefully this will knock a little wind out of his sails as well. I’ll try to keep an eye on this going forward.

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Connecting Uptown and Memorial Park

I approve of this.

The overwhelming task of getting to Memorial Park from Uptown by bike or on foot is poised to vastly improve, provided a $22 million project for a bridge across Buffalo Bayou and underpass of Loop 610 come to pass.

“The West Loop has always been this wall that makes getting to memorial park harder than it ought to be,” said John Breeding, president of Uptown Houston.

Uptown, acting as the area’s county improvement district, was awarded nearly $18.5 million last week for the project aimed at better non-motorized access to Memorial Park. As the park has added amenities and seen reinvestment in trails, running facilities and its eastern portion, use has grown and with it, the demand for safer and easier access to it without a car or truck. Hemmed in by Loop 610 to the west and Interstate 10 to the north, getting to Memorial Park can take some maneuvering, including where it isn’t bounded by a freeway.

“It can be a puzzle, for sure,” bicyclist Mike Autry said. “If you are like me and you cannot really come with traffic, you can’t do it safely on the big streets.”

There is no greater barrier than Loop 610, which from the west is only crossed into the park by Memorial Drive and Woodway. Neither, especially at the frontage roads, offer much space for runners and bike riders, nor do speeds along the streets and the inclines bode well for pedestrians and cyclists.

Though there is a path along the southbound frontage road to Loop 610, Breeding said the crossing can be complex. The proposed project, which is about a year away from final design, creates a new route from Post Oak Boulevard – where the wide sidewalks can accommodate bicycles and pedestrians – north to Buffalo Bayou.

Breeding said from there the plans include a new bridge across the bayou, west of the frontage road, which will connect to a new trail on the north banks that will follow the water beneath the frontage roads and freeway, then ascend back up to street level on the east of Loop 610 and connect along the side of the Houston Arboretum and Nature Center to the existing trail along Woodway.

Getting up and down, through and around the area requires some complicated design, but Breeding – who is retiring – said his hope would be to have the project fully designed within a year.

“My objective is to bid this project for construction in December 2024,” he said.

If that happens, and the work takes the expected 12 months, people could be running or pedaling into the park by the end of 2025.

This just makes sense. Memorial Park is one of the city’s great amenities. It should be as easy as possible for as many people as possible to get there. If some of the people who want to go there can do so without having to drive, then they won’t be competing for parking spaces with everyone else. It’s a win-win. Like the project to connect Buffalo Bayou Park with Memorial Park, this will make Houston a better place.

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Whiny loser election lawsuits finally tossed

Good.

The results of Harris County’s highly scrutinized November 2022 election were upheld Thursday evening by a judge, who threw out all but one remaining election contest out of 21 related lawsuits.

Republican candidate Erin Lunceford filed her suit in December, asking a judge to order a new election in the 189th judicial district court race she lost to Democrat Tamika Craft by 2,743 votes. Lunceford argued thousands of residents were unable to vote due to a ballot paper shortage that impacted around 20 polls on Election Day.

Lunceford’s case later expanded as her team went on to flag thousands of ballots they claimed should not have been counted.

However, after an eight-day trial in which Lunceford’s legal team did not provide testimony from any disenfranchised voters, Judge David Peeples, a visiting judge from Bexar County, ruled the results of the race were legitimate.

In a 36-page ruling, Peeples said he found Harris County had made “many mistakes and violations of the Election Code.”

“But the court holds that not enough votes were put in doubt to justify voiding the election for the 189th District Court and ordering a new one,” Peeples concluded.

The ruling was not a clear win for Harris County, as Peeples did find merit with many of Lunceford’s arguments. By his estimate, a total of 2,891 votes were affected by various problems — larger than the margin in the race. However, Peeples determined that the outcome would not have changed, since many of those voters likely would have skipped the 189th judicial race on the ballot, and many of those who did vote in the race would have voted for Craft.

Lunceford is expected to appeal Thursday’s ruling.

Along with the Lunceford decision, Peeples at the same time dismissed 15 additional election contest lawsuits filed by Republican candidates based on similar arguments, finding that the final results were the true outcome of those races.

[…]

One remaining case is still pending. Republican Tami Pierce is challenging the results of the 180th criminal state district court race she lost to incumbent Democrat DaSean Jones.

See here for the previous update. Judge Peeples took three months to issue his ruling,. so you can’t say he rushed it. There’s a copy of the opinion embedded in the story; I haven’t read it yet. Judge Peeples estimated there were between 250-850 people who were unable to vote because of the paper shortages. I don’t know how one could arrive at any such figure given the complete lack of any testimony from any self-proclaimed “unable to vote” voters, but again, I haven’t read the opinion yet. I’ll get to it eventually. That he recognized that “missing voters”, in whatever form, is not the same as “people who absolutely would have voted for the plaintiff” is good enough.

I have to assume that at least one of these crybabies will appeal, though the fact that at least a few of the other whiny sore losers dropped their lawsuits on their own gives me some hope. It’s possible we could be litigating this for years to come. Andy Taylor’s gotta pay the rent, you know.

As for that other lawsuit, per the press release from Harris County Attorney Christian Menefee and reporter Jen Rice on Twitter, there’s a pending appeal of a motion by defendant DaSean Jones to dismiss the case. I don’t know why that was handled separately, but I presume Judge Peeples did not want to affect that case. The Press and Houston Landing have more.

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Filing season for 2024 begins today

Happy First Day of Candidate Filing to all who celebrate.

The Democratic and Republican slates will begin to take shape this weekend once candidates start filing their paperwork to run.

Several Harris County officials plan to file for re-election, such as Democratic County Attorney Christian Menefee, Democratic Precinct 1 Commissioner Rodney Ellis, Republican Precinct 3 Commissioner Tom Ramsey, Democratic Sheriff Ed Gonzalez and Democratic District Attorney Kim Ogg.

Ogg faces a well-funded Democratic primary challenge from former Harris County prosecutor Sean Teare.

Houston Councilmember Mike Knox, a Republican former police officer, announced earlier this year that he plans to run for sheriff.

Democratic Tax Assessor-Collector Ann Harris Bennett, who oversees voter registration, announced last month that she won’t seek re-election, leaving an open seat.

See here and here for more on Sean Teare, and here for more on Ann Harris Bennett. I got an email yesterday from Desiree Broadnax, who was a candidate for District Clerk in 2022, who is now as far as I know the first person to announce a campaign to succeed Bennett. I feel confident she will have company in that race.

We’ve already got a pretty full slate out there, including two candidates (Amanda Edwards and Isaiah Martin) for CD18 and four candidates (Molly Cook, Karthik Soora, Rep. Jarvis Johnson, and Todd Litton) for SD15. As the story notes, the loser in the Mayoral runoff will still have time to re-file for their old office if they choose, which could make things chaotic and/or awkward if it comes to that. There are always some surprises as filing season progresses. Today is when we start to find out what they are.

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Data from Dallas County cyberattack allegedly posted online

We’ll see how bad this is.

Data allegedly from the recent cyber attack on Dallas County systems has been posted online, county officials confirmed on Tuesday.

Dallas County Judge Clay Jenkins said officials were “aware of an unauthorized party posting data claimed to be taken from our systems in connection with our recent cybersecurity incident.”

Jenkins said county officials were “thoroughly reviewing the data in question to determine its authenticity and potential impact.”

It wasn’t yet clear what specific data was accessed or posted.

The ransomware cybercrime organization known as “Play” claimed responsibility and had threatened to reveal private county documents on Nov. 3.

Jenkins had released a statement on Oct. 30 confirming that a cybersecurity attack affected the county’s systems earlier that month. Jenkins said the county became aware of an incident affecting “a portion of its environment” on Oct. 19, and said the county both immediately took steps to contain it and engaged an outside cybersecurity firm to start an investigation into the breach.

Dallas County shared in an update last week that, due to containment measures, the data exfiltration from the county’s environment was interrupted, preventing any encryption of its files or systems. County officials said the incident appeared to have been effectively contained, partly due to implemented security measures – including extensive deployment of an endpoint detection and response tool, forcing password changes for all of the systems’ users, requiring multi-factor authentication and blocking ingress and egress traffic from IP addresses found to be malicious.

See here and here for the background, and here for the county’s statement. It may be that the Dallas County IT department responded quickly to contain the malware, but not in time to stop the exfiltration. At this point we know they have some data. The logical assumption is they have more, but we’ll see. Good luck, y’all. The Record and the Dallas Observer have more.

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Fifth Circuit hears EMTALA appeal

Keep your expectations very low.

The 5th U.S. Circuit Court of Appeals heard arguments Tuesday about whether the federal government can require Texas hospitals to perform life-saving abortions, despite the state’s near-total ban on the procedure.

After the overturn of Roe v. Wade, President Joe Biden issued guidance to federally funded hospitals, reminding them of their obligation to provide stabilizing health care to anyone who shows up at the emergency room, even if that care requires performing an abortion.

The Biden administration said this was not a new policy, but merely reiterating existing regulations under the federal Emergency Medical Treatment and Labor Act (EMTALA).

Texas challenged the guidance, saying it was an improperly implemented overreach that creates a “nationwide mandate that every hospital and emergency-room physician perform abortions.”

The case was filed before U.S. District Judge James Wesley Hendrix, the only full-time federal judge in Lubbock, who has heard many of the state’s cases since he was appointed to the bench by President Donald Trump in 2019.

Hendrix sided with the state on this issue, saying the Biden administration had exceeded its authority and not followed proper procedure in issuing this guidance. He enjoined the guidance within Texas and ruled that Texas’ abortion laws are not preempted by EMTALA.

The Department of Justice appealed that ruling, and a three-judge panel — two judges appointed by Trump and one by President George W. Bush — heard arguments Tuesday at the 5th U.S. Circuit Court of Appeals in New Orleans. The court did not indicate when it might rule.

[…]

Assistant Texas Solicitor General Natalie Thompson argued that Texas’ law is “perfectly consistent” with EMTALA because it allows for abortions to save the life of the mother. It is the guidance from the Biden administration, she argued, that went further than the statute requires.

Judge Leslie Southwick seemed to agree, saying there were several “extraordinary things, it seems to me, about this guidance.”

Southwick said it seemed HHS was using this guidance to expand abortion access in Texas to include not just life-saving care, but “broader categories of things, mental health or whatever else HHS would say an abortion is required for.”

“This statute really has to do with the ugly concept of patient dumping and it’s been converted by HHS through this guidance into an abortion statute,” he said.

See here for the background. Honestly, just seeing who was on the three-judge panel was probably enough to tell you how this will go, and it seems there were no surprises. A district court in Idaho ruled for the Biden Administration at almost the same time as the district court judge in the Texas case gave an opposite ruling, though another bad three-judge panel stayed that ruling pending appeal. Still, there’s a decent chance this one will make it to SCOTUS, whether there’s a circuit split or just because it’s a pretty important issue. In the meantime, there is also the state lawsuit that seeks to clarify the “life of the mother” exceptions that very few people have been able to use, which doesn’t address EMTALA directly but which may offer some guidance anyway. Until then, we remain in the bad kind of limbo.

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Harris County provider of mental health services victimized by ransomware

Too close for comfort.

Harris County officials had few details to add Thursday morning about the investigation into a recent ransomware attack on the county’s provider for mental health services, saying cybersecurity experts had recommended they not share information.

“As mentioned … we are not able to share further information,” said Nicole Lievsay, a spokeswoman for the Harris Center for Mental Health and IDD. “When we are able, we will share what is available.”

Late Wednesday, officials with the center said it had been the target of a ransomware attack Tuesday and that some employee files had become inaccessible because of encryption.

Investigators were working to determine if any data was compromised in the attack, officials said.

Technology professionals with the center preemptively shut down the network during the attack to prevent its spread, officials said. As a result, some staff have had limited access to their files and there have been delays with patient care.

Center administrators were working with their teams and third-party security response specialists to restore full functionality, officials said. Officials reported the attack to law enforcement but cybersecurity officials recommended not to share more information.

That’s all we know at this time. I can’t speak to the matter of Harris Center’s operations, but the potential exposure of patient data would be the main concern. KUHF notes that a bunch of mental health patient data was exposed a few months ago thanks to the MOVEit attack, which did not affect Harris Center directly but got their data via one of their business partners. Hopefully that won’t be the case this time, but we’ll just have to wait and see.

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More Nate Paul indictments

For your perusal.

A crook any way you look

Nate Paul, the Austin real estate investor whose relationship with Attorney General Ken Paxton was central to his September impeachment trial, was charged with new crimes by federal prosecutors on Wednesday.

The U.S. attorney for the Western District of Texas filed an amended indictment charging Paul, 36, with four counts of wire fraud related to allegations that he lied to business partners who invested in real estate with his company, World Class Holdings, and its affiliates.

They are in addition to the eight felony counts prosecutors filed in June, which allege that Paul provided false information to financial institutions in order to obtain loans to purchase properties.

Paul’s attorney, David Gerger, did not immediately respond to a request for comment.

Paul’s trial is scheduled for July of 2024.

Neither of the indictments mention Paxton, who was acquitted by the Texas Senate of 16 articles of impeachment in September.

[…]

In the new filing, prosecutors said Paul repeatedly misled partners about how he was using partnership funds, a deception furthered by overstating the balances of partnership accounts.

“During his career in commercial real estate, Paul has repeatedly engaged in deception to persuade individuals and organizations to entrust money to him, and he has used the money to enrich himself and expand the commercial real estate businesses that he controls,” the indictment states.

The indictment lists six businesses as victims; three in Texas and one each in Florida, Colorado and North Carolina. The government is seeking to seize $172 million and any properties connected to Paul’s alleged criminal conduct.

See here for some background. There may or may not be anything more to it than this, but you can’t stop me from hoping that the feds are ready to pounce on Paxton any day now.

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Dispatches from Dallas, November 10 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week, in news from Dallas-Fort Worth, we have election results; news about next years elections, including Kay Granger’s seat; Dallas city charter business; ransomware news; settlements for police misconduct in Dallas and Fort Worth; investigative reports on Dallas’ awful traffic; a Hollywood premiere in Dallas; and more.

This week’s post was brought to you by the music of Nils Frahm.

The big news is obviously the election results. Check out the Dallas Morning News, the Star-Telegram, the Dallas Observer, and D Magazine for some local results. In general in North Texas bond results did pretty well, though the big Prosper ISD stadium went down to defeat and in Lewisville, voters turned down athletic upgrades but approved staff pay, renovations, and technology. As the Texas Tribune notes, school bonds did pretty well statewide, which is interesting at a time when the Lege has been called back for a fourth special session focusing on removing money from public schools for vouchers.

Also, as expected, two Republicans are in the runoff for HD2, Bryan Slaton’s old seat. Bryan Money is the Paxton/Defend Texas Liberty candidate and Jill Dutton, who has the backing of Rick Perry and Jared Patterson, among others, is getting slammed as the Phelan candidate.

And in Granbury, near Fort Worth, one of the candidates for city council was arrested for felony charges of possession of child pornography on election eve. The local Republican Party withdrew its support for him. Unsurprisingly, he lost.

The other big topic this week is who’s in the hunt to succeed Kay Granger in CD12. In, definitely, is State Rep. Craig Goldman (HD97), a lieutenant and ally of Speaker Dade Phelan. (Star-Telegram; Fort Worth Report; DMN). Definitely out: Fort Worth Mayor Mattie Parker and Tarrant County Commissioner Manny Ramirez; also State Rep Nate Schatzline (HD93), who’s running for re-election. As previously mentioned, Ken Paxton ally John O’Shea was already planning a run.

I also commend to your attention this op-ed by Bo French, the new head of the Tarrant County GOP, on what any candidate who wants to replace Granger will have to offer GOP voters:

What is important now is that Republican voters in the 12th Congressional District rally around an America First conservative to represent our values in the U.S. Capitol. …

Any candidate campaigning for my vote must be committed to Trump’s policy of peace through strength, defending Israel’s right to exist in peace, and considering American interests first in any foreign policy discussion. …

Lastly, the right candidate should have an established record of conservative convictions. That includes being 100% pro-life and 100% pro-gun rights, without exception. That includes standing with our voters in opposition to the impeachments of Trump and Texas Attorney General Ken Paxton. And it includes a record of supporting proven conservatives such as U.S. Sen. Ted Cruz, Lt. Gov. Dan Patrick and County Judge Tim O’Hare.

French says he’ll be neutral in the primary in this piece and that these are his expectations as a voter. I find myself skeptical.

No word on Democratic candidates for CD12 yet. The filing period opens tomorrow and runs through December 11.

In other news:

Posted in Blog stuff | Tagged , , , | Comments Off on Dispatches from Dallas, November 10 edition

My initial thoughts on the 2023 election

Suffice it to say I was off base on turnout. I thought we would be on track to top the turnout of the 2003 Mayor’s race, but in the end we fell short of 2015’s level. I’d have lost quite a bit of money on that proposition if I’d bet on it. So what happened? How did I overestimate turnout this year. Let’s start with some numbers. This is a look at how early voting has gone in Houston since 2003 (we have less complete data before then):


Year    Early    Total   Early%
===============================
2003   83,225  298,110   27.92%
2005   49,889  189,046   26.39%
2007   36,710  123,413   29.75%
2009   62,428  178,177   35.04%
2011   46,446  121,468   38.24%
2013   80,437  174,620   46.06%
2015  134,105  268,872   49.88%
2017   60,974  150,174   40.60%
2019  109,044  244,979   44.51%
2021  114,060  229,036   49.80%
2023  136,886  247,198   55.37%

For the years 2003 through 2015 plus 2019, these numbers represent the total number of ballots cast in the Harris County part of Houston. That’s mail ballots plus early in person ballots, with the “Total” column being final turnout for that year. In 2017 and 2021 there were no Houston elections, so I went with the overall Harris County numbers. I decided to include those years to see if there was something happening that I had overlooked. Finally, the numbers for 2023 are the votes in the Mayor’s race, which means it does not include ballots that skipped the Mayor’s race and thus is smaller than it should be. The Election Night returns don’t include such numbers for early and Election Day voting; we’ll get those when we have the final canvass. For these purposes, that’s OK.

As we have discussed before, early voting is a much smaller share of the final vote in odd-numbered years than it is in even-numbered years. In 2020, nearly 88% of all ballots were cast before Election Day; in 2022, that figure was 68%. In the odd years before 2023, that number had never exceeded fifty percent. It came close in 2015, then it dropped back in 2019. I figured this year would be more like 2015, maybe sneaking above fifty percent for the early vote. We got a bigger gain in the early vote than that, and I suspect that what we saw this year will be the new normal. That put a damper on my post-early voting projections, but I had always allowed for the possibility that early voting could be a bigger share of the final total than it had been before. So this was a mild surprise, but not a shock.

What was a shock to me was how little the Houston share of the Harris County vote was. Once again, some numbers:


Year  Houston    Total     Hou%
===============================
2003  298,110  374,459   79.61%
2005  189,046  332,154   56.92%
2007  123,413  193,945   63.63%
2009  178,110  257,312   69.22%
2011  121,468  164,971   73.63%
2013  174,620  260,437   67.05%
2015  268,872  421,460   63.80%
2019  244,979  389,494   62.90%
2023  253,087  451,203   56.09%

2003 was a weird year in that the state propositions were all voted on in September. This was a deliberate move by the Lege to make it easier to pass the tort “reform” proposition, whose prospect they feared could be negatively affected by the anticipated high-turnout Mayor’s race in Houston. We have since gotten rid of uniform election dates outside of March (for primaries only), May, and November. Go figure. The non-Houston turnout that year came from the Metro referendum; had it not been for that, Houston would probably have been over 90% of Harris’ turnout that year.

2005 was also a weird year, in that then-Mayor Bill White was basically uncontested, but the Double Secret Illegal Anti-Gay Marriage constitutional amendment was on the ballot. That drove a lot of non-Houston turnout, which is why the city’s share of the vote in 2005 was so small. 2007 was also a snoozer of a city election but there wasn’t much else going on, so the percentage fell back into what would become the norm.

Depending on where you start the comparison, the Houston share of the turnout has either been on a steady decline (if you start in 2011) or has been overall flat (if you start in 2007). However you look at it, there was nothing to suggest to me that this number would decline so precipitously. Houston had an open-seat Mayor’s race with a ton of money being spent plus a high profile ballot referendum. There was a Harris County referendum, but it wasn’t contentious, and none of the state propositions stood out as being unusually salient. And Houston’s share of the registered voter total was about where it was in 2019, at around 45% according to the County Clerk’s office. (I inquired about this on Monday.)

And yet, the Houston share of the total vote dropped by almost seven points. From my perspective, this meant my estimate of the Houston early vote way overshot the mark – instead of about 155K, it was only 137K. I’d have made a more modest prediction about the final total, giving real odds of falling short of 2015, if I had realized that.

But I didn’t, so here we are. That prompts two questions, the first of which is what if anything can I take away from this. Right now my answer is, man, I dunno. I just don’t see anything in the data or the conditions that would have suggested this. I’ll definitely take it into account when I’m thinking about the 2027 election, but we’re way too far out from that for me to worry about it. This is a new data point. We’ll take it and go from there.

The other question is why was Houston turnout so weak compared to 2015? The Chron provides some anecdotal data and some editorial hand-wringing. Neither is all that compelling to me, but I’ll address a couple of things. From the first article:

Mark Jones, a Rice University political science professor who has studied Houston’s electorate, said older Houstonians are likely to have longer-standing community ties, and more are homeowners who deal with city services directly. This trend is more skewed now than in federal election years, he said.

“We don’t have a partisan battle in the same way that we have one in gubernatorial elections or presidential elections,” Jones said. “So that’s one mobilization tool that isn’t there.”

Voters in municipal elections also tend to feel they need more information to vote competently, and many are not aware enough to go to the polls since campaign information is less available. Houston’s transient population also leaves many people feeling less connected to the city, Jones said, and many do not realize how directly the city government’s decisions affect their lives.

All of that is true, but it was all true in 2015 as well, so it doesn’t answer the question of why the decline. From the op-ed:

It could be that the anticipated runoff kept people waiting until Dec. 9 to cast a ballot. It could be that the crowded mayoral race is led by two frontrunners who have been staples of Houston politics for decades: where some see experience, others see baggage or stale ideas. It could be the lack of high-profile races, a problem the city of Austin rectified by moving their mayoral elections to presidential election years. It could even be that the switch to four-year mayoral terms lessens the engagement between candidates, incumbents and constituents, as Rice University political science professor Bob Stein suggested on Houston Public Media. Smith thinks part of it could be the long list of mayoral candidates: 17 on the ballot. But across the country, mayoral races tend to see alarmingly low turnout — less than 15%, according to a 2016, 50-city study from Portland State University.

Another explanation for people staying home is apathy, of course. It’s human nature to be drawn to presidential elections, with all their hype and saturating ad campaigns and delicious red meat allegiances. Nonpartisan local races aren’t sexy, but chances are, they’ll have far more impact on your life than whoever is sitting in the White House. That’s what’s frustrating: many people who failed to cast a ballot in this election won’t fail to complain about all the things this election will impact, one way or another: crime, trash pickup, illegal dumping, stray dogs, affordable housing, homelessness, irresponsible development — you name it.

Austin’s elections used to be in May so their turnout was quite a bit lower than ours. The switch to four-year terms might be an issue, but I don’t think we have enough data yet to say for sure. Plus, take a look at some of those vote totals from the two-year era, which really stink in comparison outside of 2003. And if low turnout in Mayoral elections is a nationwide problem, then why are we spending so much time worrying about our particular case? It may just be how things are.

I do think there’s one difference between 2015 and this year, and the Chron sort of gestures at it in the second sentence of their op-ed. In 2015, Sylvester Turner was widely viewed as the frontrunner in the race, but it was not clear who was in second place and thus in the hunt for the runoff. As such, supporters of Bill King, Adrian Garcia, Chris Bell, Steven Costello, and Ben Hall could reasonably believe it could be their guy. To put it another way, if you didn’t like the top guy, or even the top two or three guys, you could vote for the one you did like and still believe that it could propel him into the December overtime contest.

This year, not so much. Once SJL entered the race, which prompted the exits of Chris Hollins and Amanda Edwards (now running for Controller and CD18, respectively), it was seen as a two-person contest regardless of how many other entrants there were. (There were 18 candidates, by the way, not 17. And there were 13 in 2015, so it’s not like this year was a huge outlier.) Of the seven “serious” candidates, two ended up struggling to get to one percent of the vote. It was really hard to see how a vote for a not-Whitmire not-SJL candidate could be meaningful. Some people still voted for those candidates, of course; about 55,000 people pushed the button for someone other than one of those two. But if one of the frontrunners was not your thing, maybe you didn’t care enough about the other races to bother.

Along those lines, there wasn’t that much action in the district Council races, though 2015 wasn’t a banner year for those either. 2015 did feature three open-seat HISD Trustee races plus a fourth race in which a former Trustee knocked off an incumbent Trustee, while this year we had two very low profile races. Maybe that had some effect as well. I tend to think the Mayor’s race drives the turnout and anything other than a referendum is secondary, but this could have reduced turnout a little on the margins.

I’ve rambled on here, so let me wrap up with a few words about the 2023 runoffs. Having a runoff in District D helps SJL a little, while the District G runoff does the same for Whitmire. Neither one should have much effect – these are both already high turnout districts, and having a Council runoff shouldn’t move the needle more than a smidge – but if it’s a close race they’re nice for each candidate to have. I think the all-Dem Mayoral runoff helps the Dem candidates in the At Large and Controller runoffs. Now that we have D-versus-R runoffs in those positions, I hope the HCDP and some other political players will get involved.

Finally, I’m a little surprised there was never another public poll to go with the two that came from UH. It’s not that our Mayoral races draw a ton of polling interest, but I did expect more than that. Maybe we’ll see other outfits have a go at the runoff. As much as I nitpick those polls, I’d still rather have more data points than fewer.

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Paxton whistleblower lawsuit paused again

WTF???

A crook any way you look

The whistleblower lawsuit against Attorney General Ken Paxton has once again been put on pause, this time by a judge who had not been previously involved in the case.

The Texas Supreme Court agreed to jumpstart the case in late September after the state Senate acquitted Paxton in an impeachment trial that centered on the whistleblower claims. But on Tuesday morning, Paxton’s office asked a Burnet County judge, Evan Stubbs, for an emergency temporary restraining order, claiming the whistleblowers violated the tentative settlement they reached in February by asking the Supreme Court to reinstate the case, which had been filed in Travis County. Stubbs agreed within hours, ordering the whistleblowers to halt their litigation for at least a week.

Stubbs set a Nov. 14 hearing on Paxton’s petition for a temporary injunction.

“This lawsuit is Ken Paxton’s latest cowardly attempt to avoid testifying under oath,” TJ Turner and Tom Nesbitt, lawyers for two of the whistleblowers, said in a statement. “Just like he hid out during his impeachment trial, sheltered from giving testimony, he’ll do anything to avoid accountability.”

[…]

In its filing Tuesday, Paxton’s office accused the whistleblowers of breaching the settlement agreement by “seeking to resume discovery” last week in the case. The whistleblowers gave notice they planned to subpoena impeachment records and take depositions, according to Paxton’s office.

The filing did not directly name the people the whistleblowers wanted to depose, but it did ask Stubbs to specifically shield Paxton; Brent Webster; the first assistant attorney general; Lesley French Henneke, chief of staff at the office; and Michelle Smith, Paxton’s longtime political aide.

In issuing the temporary restraining order, Stubbs said there is “good cause to believe [the whistleblowers] have engaged, are engaged, and will continue to engage in acts and practices inconsistent with the Mediated Settlement Agreement.”

In that agreement, Paxton said he would apologize and his office would pay the $3.3 million. But the Legislature, which must approve settlements of that size, declined to authorize the payment during this year’s regular session. Paxton then attempted to have the case dismissed, but the state Supreme Court rejected his request.

Court records show Paxton’s office filed its lawsuit at 9:32 a.m. and Stubbs issued the temporary restraining order less than four hours later. Nesbitt said the whistleblowers’ attorneys were not given a chance to respond or appear before the judge.

Paxton’s office said it made its filing in Burnet County — a small rural county bordering Travis County — because one of the whistleblowers, Maxwell, lives there. The rest of the whistleblowers live in Austin or Dallas, which are in larger counties with judges that are heavily Democratic.

See here for the previous update. Ken Paxton has one core competency, and it’s a strong one that borders on being a superpower: He is very skilled at finding judges who are ready and willing to give him everything he wants. It is my hope that SCOTx will not be amused by this nonsense, and if the judge in Burnet County insists on further meddling that they will respond quickly and forcefully to a writ of mandamus.

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HISD reveals its “District of Innovation” plans

I’m more skeptical than I was before, mostly because of how things have gone so far in HISD.

Houston ISD released a draft plan Monday evening to potentially exempt itself from 10 state laws, including teacher certification requirements, class size limits and rules about the length of the school year.

If the plan is approved, HISD would be able to begin the school year as early as the first Monday in August and extend the academic calendar up to 185 days. The district also would be able to hire uncertified teachers without seeking a waiver from the state, raise the number of elementary students allowed per teacher and develop its own teacher evaluation system.

The changes are allowed under “District of Innovation” status, which HISD began seeking in September. The vast majority of Texas school districts have received the designation, with most allowing themselves to extend the school year and avoid teacher certification laws, according to the Texas Education Agency. About half of Texas districts chose to opt out of the state’s class size limits.

New Superintendent Mike Miles previously acknowledged the changes likely will result in teachers working a longer year. Most HISD teachers currently work 187 days per school year, with 15 days devoted to preparing for the start of classes and mid-year training.

Under a longer academic calendar, HISD will offer a “competitive compensation package for instructional staff,” the document released Monday states. What that dollar figure may look like — and how it could impact HISD’s bottom line — remains unclear. The district did not immediately respond to a request for comment.

[…]

Bradley Wray is a physical education teacher at Deady Middle School and a member of the District Advisory Committee. He worries the changes outlined in Tuesday’s plan could drive away teachers, who already are leaving HISD in higher-than-usual numbers, he said.

“A lot of (school staff) rely on those days to work second jobs during the summer. I value those days to spend time with my family,” Wray said. “The extra days, I think, is going to drive away a lot of teachers, which we already see happening. This will be the final nail for some teachers.”

As a parent, Wray also said he was concerned with exemptions allowing uncertified teachers in the classroom and waiving the requirement that the district notify families whose children are taught by an unlicensed teacher.

Each year, dozens of HISD classrooms are led by uncredentialed educators, even without the explicit allowance to do so in a District of Innovation plan. This year, the district applied for a state waiver on certification requirements. Research does not show a clear link between holding a certification and teacher effectiveness.

[…]

The full list of exemptions from state law outlined in the Tuesday draft document include:

  • Starting the school year earlier and allowing it to extend to as many as 185 days
  • Allowing HISD to develop a teacher evaluation system separate from the state’s system
  • Allowing HISD to train teachers in regional or district wide events, rather than campus-by-campus trainings
  • Waiving the requirement that all teachers be certified to teach their grade and subject
  • Waiving the requirement that families be notified if their child’s instructor does not hold a certification
  • Scrapping the rule that each campus must have a designated staff member devoted to student discipline
  • Allow principals the ability not withhold grades for students in good academic standing who miss over 10 percent of school days
  • Changing the maximum students per classroom in pre-kindergarten through fourth grade from 22 to 20 in pre-k, 25 in kindergarten and first grades and 28 in second through fourth grades
  • Raising the number of excused absences students may have for college visits
  • Lifting mandatory punishments for vaping

The public will have a chance to weigh in on the District of Innovation plan during a Nov. 14 meeting. The HISD board is scheduled to vote and possibly grant final approval Dec. 14.

See here and here for the background. Some of these ideas are unquestionably good. I support lifting mandatory punishments for vaping, raising the number of excused absences students may have for college visits, not requiring a designated staff member devoted to student discipline, and letting principals not withhold grades for students in good academic standing who miss over 10 percent of school days. In principle, I support districts being able to train teachers in regional or district wide events rather than campus by campus, I’m just not in a very trusting mood for HISD these days. The rest I’m much more skeptical of, and yes that is heavily influenced by what I have seen from Mike Miles so far.

Not that any of this matters, since the Board of Managers will give Mike Miles what he wants. Given that my concerns are more practical than conceptual, maybe this will turn out better than I fear. Again, some of these ideas are perfectly fine. It’s the big ones I’m most worried about, and I’m worried about them because I lack faith in the Miles process. Which, given that the goal here is to improve student outcomes (and thus be able to usher his ass out of here) once again puts me in the position of fervently hoping I’m wrong. I hate being in that position. The Chron and the Press have more.

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Texas blog roundup for the week of November 6

The Texas Progressive Alliance welcomes the start of candidate filing season as it brings you this week’s roundup.

Continue reading

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2023 election results: Houston and Harris County

I’m going to be brief, and will have a longer look at things tomorrow. A bit more than 20% of the E-Day votes had been tallied as of 10 PM, but for the most part I’d say we had a pretty good feel for how things would be as of 7 PM when the early vote was posted. Here we go:

Whitmire and SJL headed for a runoff.

State Sen. John Whitmire and Rep. Sheila Jackson Lee are likely headed to a December runoff in Houston’s mayoral race, with early returns showing the two longtime politicians sharing a large lead in the crowded contest to lead City Hall for the next four years.

As of 10:10 p.m., Whitmire (43.6%) and Jackson Lee (35.5%) lead the 16 other challengers by large margins among early votes, mail-in ballots and about 20% of election day votes. Former Metro Chair Gilbert Garcia (7.2%) and former Councilmember Jack Christie (7%), perhaps their most well-known challengers, are trailing the front-runners by wide margins.

With the proviso that things could still change, only five candidates – Lee Kaplan, at 2.55% in Harris County as of 10 PM – received at least one percent of the vote. The other thirteen – yes, there were 18 total candidates, and no, I still have no idea why there were that many – failed to receive as much as one percent. That included Robert Gallegos and MJ Khan, and it also takes into account Fort Bend.

(UPDATE: As of the 11 PM update, Robert Gallegos was at exactly 1.00% in Harris County.)

All Council incumbents appear headed for re-election, though two could end up in runoffs. As of the 10 PM update, CM Carolyn Evans-Shabazz led a field of five candidates with 50.33%, while CM Mary Nan Huffman leads Tony Buzbee and a third candidate with 50.65% (Buzbee was at 41.16%). In District H, candidate Mario Castillo is close to avoiding a runoff as well, with 47.38%; Cynthia Reyes-Revilla would oppose him in a runoff if things stay as they are.

In the At Large races, CM Letitia Plummer was at 50.08% for Harris County, but with the boost from Fort Bend (where she got 63%), she might avoid the runoff against Roy Morales in AL4. CM Sallie Alcorn was coasting with over 60% in AL5. For the three open seats, the top two were as follows:

AL1: Melanie Miles and Julian Ramirez, with Conchita Reyes probably too far back to overtake Ramirez.
AL2: Willie Davis and Nick Hellyar, with Danielle Bess a few points back in third.
AL3: Twila Carter and Richard Cantu were six (!) votes apart at 10 PM; no one else was close.

Also possibly avoiding a runoff: Chris Hollins in the Controller’s race, who was at 48.5% overall thanks to a boost from Fort Bend. Most likely, he will face off against (sigh) Orlando Sanchez, who was at about 25%.

Of interest: Going by the partisan classifications in the Erik Manning spreadsheet (all hail Erik Manning), here are the total percentages of the Republican candidates in the At Large and Controller’s races (Harris County percentages only, I’m too tired to do the math right now):

AL1 = 38.08% (Ramirez plus Kendall Baker)
AL2 = 32.42% (Davis)
AL3 = 35.46% (Carter plus Ericka McCrutcheon)
AL4 = 40.29% (Morales plus John Branch)
Controller = 41.76% (Sanchez plus Dave Martin)

I note that because in all of the races in which there will be a runoff (as noted, there may or may not be one in AL4) it will be between a Dem and a Republican. With the Whitmire/SJL runoff at the top of the ticket, I don’t think the GOPers will be in a good position.

All three local propositions, the two for Houston and the Harris County hospital bonds, are winning easily. Well done to the Fair for Houston folks in particular.

I don’t see a story about the HISD races, but thankfully both incumbent Trustees with challengers – Dani Hernandez and Patricia Allen – were winning by wide margins. In less happy news, three of the four Cy-Fair ISD races are headed to runoffs, with the wingnut candidate headed to victory in the fourth.

And last but definitely not least, the Tuesday experience was a smooth one.

Most of Harris County’s 701 voting locations appeared to be running smoothly in the final hours of Election Day, with just a handful of polls reporting tech issues a year after a paper shortage and other issues led to 22 lawsuits.

[…]

At River Oaks Elementary, voters could not cast ballots for around 90 minutes due to the location’s malfunctioning ballot scanner, while the River Oaks Community Center had a long line of voters waiting as poll workers resolved multiple paper jams.

At the school, the presiding election judge — who did not provide his name — estimated around 20 people had left without voting. They were able to get the equipment working after rebooting it four times.

In Bunker Hill Village, another two locations encountered troubles during the day. Half of the voting machines at the Frostwood Elementary polling location had technical issues, while at Bunker Hill Elementary School, one controller computer — the “brains of the operation,” according to presiding judge Hope Hooper — was out of service for hours.

Two locations in the Tanglewood area had hiccups on Tuesday, as well. At St. Martin’s Episcopal Church, two broken voting machines slowed down operations, though election judge Tom Maness said enough machines were working that voters were not impacted. At Tanglewood Middle School, half the voting machines experienced difficulties, resulting in slightly longer lines.

At a Tuesday morning news conference, Hudspeth confirmed that issues at Frostwood Elementary School and River Oaks Elementary School had been resolved. She added that 93% of voting centers opened on time.

Kudos to all, and to all a good night. I’ll have more tomorrow.

UPDATE: CMs Evans-Shabazz, Huffman, and Plummer will be in runoffs. I’ll have more tomorrow.

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

2023 election results: Statewide

There are a few items of interest here, starting with this.

Property tax cuts, a raise for retired teachers and billions in investments in infrastructure, research, tech and energy appeared headed for passage as voters showed their approval for more than a dozen constitutional amendments, according to early returns on Tuesday night.

But a measure to allow judges to retire at a later age appeared to be going down, with barely over one-third of Texans voting for it.

And a few others — including a property tax exemption for biomedical inventory and equipment from property taxes, were passing by only slim margins.

Voters weighed 14 constitutional amendments totaling up to $20 billion and appeared ready to approve 13 of them.

The most definitive support appears to be going to Prop 4, the $18 billion property tax relief measure, which had 87% of the vote in early returns.

As of 9 PM. the SOS had Prop 13, the one to raise the judicial retirement age, losing 61-39. Everything else was passing, with only Props 10 (the property tax exemption for biomedical inventory and equipment) and 12 (killing the office of Treasurer in Galveston County) at less than 60% support. I expect them all to pass.

Houston Landing tracked a bunch of school bond referenda.

Houston-area voters appeared to back $5 billion in bonds for new school buildings, technology upgrades and athletics facilities, according to early and absentee voting returns.

This election cycle, 10 school districts across greater Houston put bond issues on the ballot, ranging from $15 million to $2 billion, worth a total of $5.7 billion. In most cases, voters appeared to green light the initiatives, sending them toward passage.

School bond measures allow districts to borrow money for construction or other large investments. If voters approve, districts are pre-approved to borrow a set amount of money, which they pay back over time. For each proposition to pass, a simple majority of 50 percent plus one vote is needed.

Conroe Independent School District in Montgomery County put forward the largest bond package at $2 billion. Most of the money would be used to improve existing campuses and purchase new sites, according to the ballot proposition. However, the district says it also will make other investments, such as a competition swimming pool and an agricultural barn for its career and technical education program.

Aldine and Katy ISDs presented the second- and third-largest packages at $1.8 billion and $840 million, respectively.

Houston ISD did not put a bond levy on the ballot, but new Superintendent Mike Miles said residents should expect one as soon as next fall. The last time HISD voters passed a school bond was in 2012, when a measure raised $1.9 billion for facilities upgrades. Miles says many of the buildings in Texas’ largest district are overdue for fixes.

I can’t wrap my mind around Mike Miles campaigning for a bond referendum right now. You can click over and see their reporting, but as of 9 PM the Conroe and Aldine bonds were all passing, while the Katy bonds for school renovations/construction and technology (which accounted for abut 95% of the bond money) were passing while two other referenda for athletic facilities and a swimming pool were trailing. There are a lot more referenda on the ballot around the metro area, look to see how yours was doing.

Possibly the most contentious school bond election was in Midland, where the usual villains were doing villain things.

Allies of influential Texas billionaire Tim Dunn are pushing ahead in Austin with efforts to create a private-school voucher system that could weaken public schools across the state. Meanwhile, Dunn’s associates in his hometown of Midland are working to defeat a local school bond proposal that his district says it desperately needs.

Dunn, an evangelical Christian, is best known for a mostly successful two-decade effort to push the Texas GOP ever further to the right. His political action committees have spent millions to elect pro-voucher candidates and derail Republicans who oppose them. Defend Texas Liberty, the influential PAC he funds with other West Texas oil barons, has come under fire after The Texas Tribune revealed that the PAC’s president had hosted infamous white supremacist Nick Fuentes for an October meeting and that the organization has connections to other white nationalists.

Less known are Dunn’s efforts to shape politics in his hometown of Midland, which will come to a head next week. On Tuesday, residents in the Midland Independent School District will vote on a $1.4 billion bond, the largest in its history, after rejecting a smaller measure four years ago. A dark-money organization whose leaders have ties to Dunn’s Midland oil and gas company, as well as to a prominent conservative public policy organization where Dunn serves as vice chairman, have become among the loudest voices against the bond.

On Sept. 21, less than two months before the Midland bond election, three Midland residents with deep connections to Dunn and his associated public policy organization registered a “social welfare” nonprofit called Move Midland.

The nonprofit is headed by Rachel Walker, a public affairs manager for Dunn’s oil and gas company, CrownQuest Operating LLC, according to public records. A second member, Ernest Angelo, is a former Midland mayor and board member of the Texas Public Policy Foundation, a conservative think tank that Dunn has helped lead for more than two decades. The third member of the nonprofit’s board is Elizabeth Moore, a former West Texas development officer for the Texas Public Policy Foundation.

Within weeks, the nascent nonprofit had a website, campaign signs and a social media presence as its directors appeared on local radio shows and in community debates to oppose the bond. In the local newspaper, another former mayor urged residents to visit Move Midland’s website for insights about the election. That former mayor, Mike Canon, had run for the Texas Senate in 2018 to unseat Kel Seliger, a prominent Republican who opposed vouchers. Another PAC funded by Dunn, Empower Texans, provided the bulk of his war chest, nearly $350,000, in a losing effort.

Move Midland and its directors have not called attention to their relationship to Dunn and his entities in public appearances. Biographies of the three directors on the nonprofit’s website make no mention of Dunn, CrownQuest or the Texas Public Policy Foundation, where Dunn serves as vice chair of the board.

Walker and other members of the group did not respond to voice messages, emails, Facebook messages or requests made through the Move Midland website.

There’s more, but you get the idea. The good news is that the bond issue was on its was to passage with about 56% of the vote. There were still two voting centers that had not reported yet, but the margin looks pretty big to me.

And finally, one more race of interest:

Former Mayor Cody Smith takes an early lead in a three-way race for Uvalde’s next mayor. Kimberly Mata-Rubio, who became a gun control advocate after her daughter was killed in the Robb Elementary mass shooting last year, had out-raised Smith by $55,000 but was trailing by a wide margin after the early vote results were tallied.

The city’s top elected office came up for grabs after Mayor Don McLaughlin in July announced his resignation to seek higher office in the Texas House.

Smith, a banker who served as Uvalde’s mayor from 2008-12, received 68% of early votes, with more than 1,090 ballots cast in his favor.

Mata-Rubio trails far behind with 30% of the vote, or 480 ballots. In third place is elementary school teacher Veronica Martinez, who received just under 2% of the early ballots cast — 29 votes.

I was rooting for Kim Mata-Rubio, but it was not to be. It appears the campaign was cordial, so there’s that. I’m sure we have not heard the last of her or of other Robb Elementary families. The Trib confirmed the result.

Posted in Election 2023 | Tagged , , , , , , , , , , , , , | Comments Off on 2023 election results: Statewide

2023 election results: National

Tuesday evening started with some good news.

Democratic Gov. Andy Beshear will lead Kentucky for another four years after defeating his Republican opponent, state Attorney General Daniel Cameron, in Tuesday’s election. Beshear’s margin stood at 53-47 with approximately 80% of the vote counted when the Associated Press called the race.

In winning a second term, Beshear once again overcame Kentucky’s strong conservative lean, thanks to the high marks voters have given him for his sure-handed stewardship of the state through multiple emergencies. Republicans had sought to portray the incumbent, who is the son of former Gov. Steve Beshear, as a left-wing radical in cahoots with national Democratic figures, but the attacks failed to stick. Beshear, meanwhile, highlighted Cameron’s support for a total ban on abortion, an unheard-of topic for any Kentucky Democrat to center in a statewide campaign.

While Beshear will continue to face a hostile legislature dominated by Republicans, he’ll still have the considerable powers of his office at his disposal. In the past, he’s used his authority to issue executive orders permitting the medical use of marijuana and restoring the rights of some 180,000 citizens who had completed felony sentences. Beshear’s victory ensures that those orders cannot be rescinded, at least for the next four years.

That was soon followed by even better news.

Ohio voted to guarantee a right to abortion and other reproductive health care in the state’s Constitution, Decision Desk HQ projects, in the latest victory for abortion rights advocates at the ballot box.

The constitutional amendment, Issue 1, enshrines a right to abortion, contraception, miscarriage care and fertility treatment in Ohio. The amendment will take effect in 30 days.

Ohio was the only state voting directly on abortion in 2023, drawing national attention and tens of millions in outside spending. The passage of Issue 1 makes for a 7-and-0 ballot measure winning streak for reproductive rights advocates since the Supreme Court overturned Roe v. Wade in June 2022.

The victory of an abortion rights ballot measure in a state that twice voted for former President Donald Trump gives a boost to advocates seeking to put similar measures on the ballot in red and purple states in 2024.

“As it relates to passing Issue 1, the stakes could not be higher,” Democratic Rep. Shontel Brown, who represents Cleveland in the House, said Tuesday. “Ohio continues to be a barometer, a test case, if you will, for the rest of the country.”

There was another referendum to legalize marijuana in Ohio (Issue 2) as well, and it also passed, by roughly the same margin. Pot and abortion for the win, y’all.

And then the cherry on top:

That sound you hear is the Glenn Youngkin mystique crumbling.

A broader summary of the day:

For those not welded to their devices tonight (and how dare you), here is a recap of what has been, thus far, a very good Election Night 2023 for the Democratic Party and progressive causes:

  1. In deep-red Kentucky, Democratic Gov. Andy Beshear, who many conservatives dismissed upon his victory in 2019 of being blessed with an inept opponent in Matt Bevin, took on the rising star of the Kentucky GOP (state Attorney General Daniel Cameron) and defeated him by a solid margin. Right now, with only scant returns left to report, Beshear has defeated Cameron by a five point margin.
  2. In Ohio, voters have affirmed both abortion rights and legalization of marijuana in a pair of state initiatives. Both appear to have carried the state by double digits.
  3. In Pennsylvania, Democrat Daniel McCaffery appears well on his way to earning a spot on the state Supreme Court, strengthening that court’s Democratic majority. He leads Republican Carolyn Carluccio by a 53-47 margin with 83% reporting.
  4. In Virginia, Democrats have already apparently retained control of the state Senate, and are on their way to a potential reclaiming of the House of Delegates from the Republicans. If this holds, and the Democrats hold both houses of the legislature, another GOP rising star (Virginia Gov. Glenn Youngkin) will take a bruising defeat.
  5. In New Jersey (a state we have not referenced to this point, so let’s correct that now!), the Democrats not only appear to be holding their legislative majority, they may well be strengthening it. They have picked up at least one Assembly seat thus far, and are well on their way to picking up a Senate seat.
  6. Mississippi is holding its elections, but the counting has been slow going so far. In early returns (with very little of deep blue Hinds County in thus far), Republican incumbent Gov. Tate Reeves leads Democrat Brandon Presley by a 55-44 margin.

As noted, Dems won control of the VA Assembly, and they won that Pennsylvania State Supreme Court seat as well, though Mississippi Governor Tate Reeves held on. Overall, pretty nice.

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

Today is Election Day 2023

From the inbox:

The Harris County Clerk’s Office reminds citizens that [today] is Election Day. 701 vote centers will be open across Harris County from 7 a.m. to 7 p.m., and registered voters can cast their ballots at a location that is most convenient to them. For a list of vote centers and wait times, go to www.HarrisVotes.com.

“There are 42 political entities on the November 7 ballot,” said Harris County Clerk Teneshia Hudspeth. “However, voters will only see the contests that are connected to the address where they are registered to vote.”

Voters should be aware that only citizens registered to vote within the legal boundaries of the City of Houston are eligible to vote in the contests offered by the City of Houston. A “Houston” postal address does not guarantee that a voter lives within the legal boundaries of the City of Houston. Voters can view and print their personalized sample ballots at www.harrisvotes.com/Voter/Whats-on-my-Ballot.

“We have been working hard and are ready to serve Harris County voters,” added Clerk Hudspeth. “More than 6,000 election workers will be deployed across the county on Election Day.”

Election Day Tips:
– Make sure that you are registered to vote; check this at www.hctax.net
– You can take your printed sample ballot with you into the voting booth
– NO phones or cameras are allowed inside the voting area
– The following forms of photo ID are acceptable when voting in person:

  1. Texas Driver’s License issued by the Texas Department of Public Safety (DPS)
  2. Texas Election Identification Certificate issued by DPS
  3. Texas Personal Identification Card issued by DPS
  4. Texas Handgun License issued by DPS
  5. United States Military Identification Card containing the person’s photograph
  6. United States Citizenship Certificate containing the person’s photograph
  7. United States Passport (book or card)

Voters who do not possess and cannot obtain one of these forms of photo ID may fill out a Reasonable Impediment Declaration (RID) at a Vote Center and present another form of ID, such as a utility bill, bank statement, government check, or voter registration certificate.

Unofficial election results will be posted at www.HarrisVotes.com as they come in on election night, starting after 7 p.m. with Early Voting and Ballot by Mail results. Official results will be posted after the canvass is completed.

For news and updates, follow us on social media at @HarrisVotes and @HarrisCoTxClerk.

You can find a voting center near you here. I think we all know the drill by now. I’ll post results in the morning. We’ll see how I did with my estimates of the Houston vote and parameters for turnout.

Posted in Election 2023 | Tagged , , , , , , , | Comments Off on Today is Election Day 2023

State Rep. Craig Goldman to run for CD12

Of interest.

Rep. Craig Goldman

State Rep. Craig Goldman announced Friday he is running to succeed retiring U.S. Rep. Kay Granger, a fellow Fort Worth Republican.

“My record proves I will be a conservative fighter who will prioritize border security and the American taxpayer, and I am excited to announce I am all in to serve the people of Tarrant and Parker counties as their next Congressman,” Goldman said in a news release.

Goldman, who chairs the Texas House Republican Caucus, announced his campaign two days after Granger said she would not seek reelection. She has served in Congress for nearly three decades.

Granger’s district is heavily Republican and will likely attract a crowded primary field. One Republican, Fort Worth businessman John O’Shea, was already running against Granger before she announced her retirement and boasts the support of Attorney General Ken Paxton.

[…]

Goldman has served in the House since 2013 and currently chairs the House Energy Resources Committee.

Goldman’s decision creates an open seat in state House District 97, a GOP-leaning seat covering southwest Tarrant County.

See here for the background. Two points of interest here. One, as Daily Kos noted, Goldman was among the many House Republicans who voted to impeach Ken Paxton, back when there was a fleeting moment of possibility that Paxton could be held accountable by his fellow Republicans for his many crimes. Paxton will be supporting one of Goldman’s opponents in the CD12 primary, so you can imagine how that will go.

And two, Goldman’s HD97 is a modestly Republican district, won 53.9-44.3 by Trump in 2020 and 55.2-43.6 by Abbott in 2022. Goldman himself won it by 16 points in 2022, so one presumes an open seat race would be a better challenge for Tarrant Democrats. I’ll keep an eye on that one as Filing Season begins.

Posted in Election 2024 | Tagged , , , , , , , , , , , , , , | 1 Comment

Time once again for reimagining the Astrodome

Knock yourselves out.

Alfonso Hernandez recalled growing up in a little town in Venezuela with a population of about 500,000 people, but still knowing what the Astrodome was due to seeing so many monumental moments on TV — including Nolan Ryan pitching his fifth no-hitter at the “super iconic” stadium on Sept. 26, 1981.

What a young Hernandez may not have seen coming is having a chance with other architects to re-envision the Astrodome 15 years after the former Houston Astros’ and Houston Oilers’ stadium closed.

“That’s a big piece of history,” Hernandez, who works for the global architectural design firm, Gensler, told the Houston Chronicle about the stadium on Saturday. “It’s a big deal.”

The group of architects participated in a competition held by the American Society of Heating Refrigerating and Air Conditioning Engineers called the “Lowdown Showdown.”

Hernandez, University of Houston assistant professor Mili Kyropoulou and other architects from Houston and around the country contributed to the reimagining of the Astrodome.

[…]

The concept for which they won first place in the competition includes the Astrodome having an indoor public street with a botanical garden, 77,000- square feet for retail space, a 500-room hotel, a promenade connecting to light rail and a 68,000 square feet immersive museum that would use augmented reality to show and recreate the stadium’s 50-plus years of history.

You can see the winner and runnerup of the contest here, along with more details about their presentation. It sounds like a great idea, one of many fine ideas about What To Do With The Astrodome in the last decade or so. Until there’s a plan to pay for one of them, that’s all they are.

Posted in Elsewhere in Houston | Tagged , , , | 7 Comments

A few thoughts about Tuesday turnout

We now know how many early votes were cast in Harris County for the November 2023 election. I’m now going to run through a few scenarios to show what the range of possibility is for overall final turnout. None of this is intended to be a prediction, just what I think the ballpark is.

First things first, I suggested what I thought the turnout rate was for the city of Houston as of the end of early voting, but I didn’t say what the total number of voters that implied. Based on my calculations, which I remind you are based on several assumptions and thus should be considered to be for entertainment value only, a total of 150,775 Houston voters cast ballots in Harris County through Friday.

This is also where I remind you that there are Houston voters in Fort Bend and Montgomery Counties, much more so in the former, and as a general rule my calculations are based only on the Harris County voters who are in Houston. That’s mostly because I only have current EV data for Harris County, and partly because it’s just easier this way. Whatever the Harris County total ends up being, assume there will be another 5-7K total for Houston, nearly all of which will come from Fort Bend. In general, unless I specify otherwise, assume I mean “Houston voters in Harris County” when I refer to Houston voters.

I will also remind you that the number of mail ballots that get reported on Tuesday will be slightly higher than the number that was reported on Friday, because mail ballots are still arriving at the County Clerk’s office.

All right. In 2015, which is the election we will be basing comparisons on, there were 268,872 votes cast. That’s out of 979,401 registered voters, for 27.45% turnout. If all we get is an identical number of voters, that would mean turnout this year was 23.24%, quite a bit lower than in 2015. I think that is unlikely (though more on that in a minute). If instead, we have the identical level of turnout as a percentage of RVs, that will mean a final tally of 317,640, based on my estimate of 1,154,157 RVs. We’ll know when the results start getting posted what the actual number of RVs is, and we can adjust that accordingly, but it’s unlikely to be more than a couple of thousand one way or the other.

If in fact we end up with the 2015 total of 268,872 votes cast this year, that would mean that 115,107 people show up tomorrow. That would also mean that 56.08% of the vote was cast as of Friday, which would easily be a new high water mark for a city of Houston election. As noted before, past history suggests that somewhat less than half of the vote has been cast already. Going by 2015, 49.88% of the vote was early; if we get that this year, then the final total will be 302,275. In 2019, only 44.55% of the vote was cast early. At that rate, we’d see 338,440 voters this year.

I’ve been talking about the possibility of seeing the highest vote total for a city of Houston election. I will confess that as I’ve written and thought about this, I was primarily focusing on more recent elections, in particular since 2003. I finally got the bright idea to doublecheck those assumptions, by looking at the older election data from the City Secretary page. I stand corrected:


Year   Turnout
==============
1991   316,278
1997   313,323
2001   288,283
2001r  321,030
2003   300,768
2009   177,940
2015   274,002

“2001r” refers to the 2001 runoff election between incumbent Mayor Lee Brown and then-Council Member Orlando Sanchez. If you’re looking at this and thinking “Huh, we sure used to have higher turnout in city elections”, then yeah, I agree, we did. Why it was higher then and why it took a downturn, I don’t know. We’re not in the 90s anymore. I don’t have voter registration numbers for those 90s elections so I can’t say what turnout as a percentage of RVs was for those years. It was certainly less than it is now – voter registration for the Harris County part of Houston was 1,006,301 in 2001, 955,205 in 2003, and 935,073 in 2009 – so even if we break the numeric record we’re still going to be short of those percentages. And yes, our VR numbers were declining in the city in the aughts even as population increased. Some of that may be attributable to changes in the city population – i.e., a greater share of non-citizens – but for sure some of it had to do with the policies of then-Tax Assessor Paul Bettencourt, who cared a lot more about removing voters from the rolls than he ever did about adding them.

Note that those totals above are for the whole city, including Fort Bend and Montgomery. I think we are very likely to surpass 2015 and November 2001, we are likely to surpass 2003, and we have a decent chance of surpassing the rest. It definitely helps that we have more registered voters now, as the rate of turnout doesn’t have to be as high. We’ll have answers to some of these questions tomorrow night.

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

COVID vaccine mandate ban for private employers passed

Welp.

A sweeping ban on COVID-19 vaccine mandates for employees of private Texas businesses is on its way to Gov. Greg Abbott’s desk, carrying with it a $50,000 fine for employers who punish workers for refusing the shot.

Senate Bill 7, by state Sen. Mayes Middleton, R-Galveston, cleared its final hurdle Tuesday when senators agreed on a 17-11 vote to accept the House version of the legislation, which raised the fine from the $10,000 initially proposed in the bill.

The legislation, which Republican lawmakers have been trying to pass since 2021, offers no exceptions for doctors’ offices, clinics or other health facilities. The bill also includes unpaid volunteers and students working in medical internships or other unpaid positions as part of graduation requirements.

Private employers are allowed by the legislation to require unvaccinated employees and contractors to wear protective gear, such as masks, or enact other “reasonable” measures to protect medically vulnerable people who work or come into their places of businesses or medical facilities.

The legislation makes it illegal, however, for any employer to take action against or otherwise place requirements on an unvaccinated employee that the Texas Workforce Commission determines would adversely affect the employee or constitute punishment.

Bill sponsors said the ban will be the strongest in the nation.

“At the end of the day, this is about protecting the individual’s ability [to stay employed] and making sure that they have the right to choose whether or not to get the shot,” Middleton said.

Enforcement would be handled through employee complaints to the workforce commission, with violators subject to the fine and potential lawsuits by the Texas attorney general.

Opponents of the bill, mostly Democrats, argued that it took away business owners’ freedom to decide who to hire, which contractors to do business with, and how to keep their customers and employees safe. Critics also argued that the ban would prevent health care professionals from imposing vaccine policies that lower the risk of viral spread for their patients.

Some lawmakers also said they were concerned that business owners could be subject to expensive legal and administrative costs for trying to enact other measures to protect their employees, like requiring unvaccinated employees to change offices or work remotely. The bill is vague on whether such actions would be prohibited.

“Are you telling me if I’m making my living, running a food truck, and I want to hire someone to help me flip the burgers, and I happen to be one of those crazy people who think that COVID is bad for me, I can’t precondition their employment on them being vaccinated?” said state Sen. Nathan Johnson, D-Dallas. “Where’s the balance in that?”

The answer it no, no you can’t. You can wear a mask and hope for the best. Republicans have some bizarre ideas about who needs to be protected in society (mostly, themselves), but that’s nothing new. This is the hand we’re dealt. The Republicans may currently be tangled up in intramural warfare over vouchers and Nazis, but they are still capable of doing things.

Posted in That's our Lege | Tagged , , , , , , | 3 Comments

A legal view of the Arlington nun mutiny

The Fort Worth Report talks to some legal experts about the fascinating dispute between the Discalced Carmelite Nuns in Arlington and Fort Worth Bishop Michael F. Olson.

Teresa of Ávila (1515–1582), Doctor of the Church and co-founder of the Discalced Carmelites

Lawrence Sager is a professor at the University of Texas at Austin’s School of Law and specializes in religion and constitutional law. Sager said that disputes over excommunication and religious authority are ecclesiastical, or related to church matters.

“If it becomes a matter of property rights as to the monastery, who owns it and who can make decisions about whether the monastery is open or closed … if it comes to that, then the courts will turn to neutral principles of property law,” Sager said.

This means courts will look to see if the Carmelite nuns are registered as a nonprofit corporation under Texas law and if they have deeds to the property, Sager said.

The Discalced Carmelite Nuns are a nonprofit corporation in Texas, said Bobo. The city of Arlington’s county clerk’s office has a record of deeds of the property.

Tutti Portwood is an original member and co-founder of The Ladies Auxiliary to the Discalced Carmelite Nuns. When Portwood first heard allegations of Gerlach’s civil lawsuit against Olson, she thought Olson might be interested in taking the property.

“That land is very valuable. I believe you cannot convince me otherwise, whether I’m right or wrong, I think the bishop was trying to make a land grab,” Portwood said.

The total market value of land is currently over $3.8 million, according to Tarrant Appraisal District data. Portwood said her concerns over the nuns losing the monastery property stems from when the Catholic Diocese of Fort Worth obtained a permit to demolish and sell the property that housed San Mateo Catholic Church in 2016. Parishioners appealed the decision to the Vatican and later reached an agreement to stop the process.

“I just thought, ‘Oh, how lucky they (Carmelite nuns) are to have this little spot. It’s so quiet. It’s so accessible, really, to so many people from the Dallas-Fort Worth area,” Portwood said. “And then when this hubbub started, my mind immediately went back to San Mateo.”

[…]

Nancy Bauer is a former assistant professor of canon law at the Catholic University of America in D.C. with expertise in consecrated life. Bauer said she couldn’t comment specifically about the Carmelite nuns and Olson but, she said that in the Code of Canon Law, property, also called “temporal goods,” is owned by the religious institute, like a monastery.

“No individual person owns that property. The monastery owns it, and it’s administered by whoever is the superior of the monastery for example,” Bauer said.

Temporal goods can range from land, buildings, automobiles and financial resources, Bauer said. When it comes to religious hierarchy, most monasteries of nuns are of pontifical right, Bauer said, which is when religious institutes refer directly to the Holy See or the government of the Roman Catholic Church.

“The Holy See has always had a more protective role in relation to monasteries of nuns. So, most monasteries of nuns are actually pontifical. However, some of them are what we refer to as subject to the vigilance of the diocesan bishop,” Bauer said. “He’s like any ecclesial connection is a church authority. That’s kind of the church representative for that monastery.”

Bauer said that it’s helpful for religious orders like monasteries to foster friendly relationships with the bishop.

“Bishops are supposed to protect and foster that internal autonomy, not interfere with it and not let others interfere with it,” Bauer said. “However, if a bishop would see something harmful going on in a monastery or at a religious institute, even of pontifical right, he could intervene. The first step would be to tell the superior.”

See here for the background. I don’t have anything to add, but as someone who follows high-profile litigation recreationally, not to mention being a Catholic school survivor, this is one of the more interesting cases I’ve seen. I’ll be watching as long as there’s news to read about it.

Posted in Legal matters | Tagged , , , , , , | Comments Off on A legal view of the Arlington nun mutiny

Weekend link dump for November 5

“The practice of using land for both agriculture and solar power generation, known as agrivoltaics, is becoming increasingly common in Texas and nationwide.”

Everything Elon Musk Broke in the Year He’s Owned Twitter”.

“From Tehran’s perspective, an informal alliance with Russia is ideologically and historically odd, but it is strategically enticing.”

You are not, in fact, the granddaughter of the witches they couldn’t burn”.

“In a major analysis in Africa, the first vaccine approved to fight malaria cut deaths among young children by 13% over nearly 4 years”.

Fifteen rock bands and solo artists that put out albums in 1973 and 2023. I managed to catch Peter Gabriel at the very end of his “I/O” tour, and man was that an awesome show.

RIP, Frank Howard, giant-sized slugging outfielder mostly for the Washington Senators.

“However, there is evidence of resilience among the devastation – sprouts emerging from the scorched soil and the black and green mosaic of the mountains. The recovering ecosystem in this off-the-beaten path national park serves as a reminder of the threats to the US’s wild places and offers lessons about how to protect public lands in an era of climate crisis.”

“As Trump runs for president again — and leads in every GOP primary poll — The 19th is examining allegations of sexual misconduct against him and others in his orbit.”

“Johnson’s whole career has been steeped in the religious right’s priorities“.

“All of which is a long way of saying that Ellis was wholly unequipped to contribute to Trump’s legal strategy, but eminently qualified to toddle along behind Rudy parroting his insane election lies. Which is more or less exactly what she did.”

“SEC charges SolarWinds CISO with fraud for misleading investors before major cyberattack”.

“The Commerce Department is implementing new policies to prevent the work it does to boost exports by US companies from assisting in the sale of surveillance technologies to repressive governments.”

This is exactly why women need more pockets. We’re saving lives.”

“And hearing that story, they will be surprised to learn that one of the very few white folks on the Good side of it was a foul-mouthed, foul-tempered, flamboyantly not nice man named Leo Durocher. Durocher’s suspension under baseball’s “morality clause” invites — almost demands — that those hearing this story contemplate the warped and stunted understanding that passed for “morality” in white America in 1947.”

“Here’s All The People Who Have Flipped on Trump (So Far)”.

Gotta say, the whole Michigan sign-stealing thing is pretty funny.

RIP, Bob Knight, famous college basketball coach. Charlie Pierce has some high-quality words to say about this man as well.

RIP, TK Mattingly, NASA astronaut who was scrubbed from the Apollo 13 mission for having been exposed to rubella, then flew on the Apollo 16 mission and commanded two space shuttle flights.

“Sam Bankman-Fried loved risk, and he loved to gamble. He knew that if he went to trial, there was a chance, however small, that he might walk away a free man. Pleading guilty meant guaranteed punishment, and probably prison time. And so he chose to gamble, not only with his own life, but with his parents’.”

RIP, Peter S. Fischer, co-creator of Murder, She Wrote and writer on dozens of crime series such as Columbo, Ellery Queen and Murder spinoff The Law and Harry McGraw.

Posted in Blog stuff | Tagged | Comments Off on Weekend link dump for November 5

November 2023 Final EV totals: Records successfully broken

We had a big last day in early voting on Friday, as you can see below:


Year    Mail     Early    Total
===============================
2015   29,859  164,104  193,963
2019   15,304  137,460  152,764
2023   14,925  224,400  239,325

The final EV totals from 2015 are here and the final EV totals from 2019 are here. The daily EV report is being posted online now here, but I’m still grabbing a copy each day and saving it for my purposes. The Day Twelve file is here.

Like I said, Friday was big, with over 53K total votes, all but 896 in person. That’s about fifty percent more than was seen on the last day of 2015, and it puts the EV total for 2023 comfortably ahead of the earlier year. One effect of that was that it moved the estimated share of the Houston vote ahead of 2015 in terms of percentage of registered voters. I had done the same calculations as I had done for Day Eight on Friday, when we had one day left, and found that turnout as a percentage of RVs just for Houston in 2023 had slipped behind 2015, with the latter standing at 10.20% and this year at 10.14%. After Friday, however, this year retook the lead, 13.06% to 12.64%. Well done, all.

I will remind you that these numbers are based on multiple assumptions, and so could be off in an assortment of ways. Even if I’m completely accurate, the differences are very small, and it would still be true to say that turnout in 2023 is not really different than it was in 2015 once you factor in the increase in registered voters. That too was something I discussed a long time ago, when I first pointed out that there are a lot more RVs in Houston now than there were eight years ago. The higher raw numbers are totally expected. It’s just a matter of where we go from here.

One more thing to note for now, and I’ll be back tomorrow with some guesses about final turnout. We’ve discussed the reduction in voting by mail for this election, especially when compared to 2015. A big part of this is simply that fewer mail ballots were sent to voters this year, for whatever the reason. Those that did receive a mail ballot have been pretty good about sending them back:

2015 – 29,859 ballots returned out of 43,280 sent, 68.99% return rate
2019 – 15,304 ballots returned out of 26,824 sent, 57.05% return rate
2023 – 14,925 ballots returned out of 21,158 sent, 70.54% return rate

Good job, 2023 mail voters. Remember that ballots that are received by Tuesday are still counted, so the final number of ballots returned will increase a bit. I’ll make my projections tomorrow and of course I’ll review it all afterwards. Did you vote early, or are you an Election Day person? Leave a comment and let us know.

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

The crazy District G race

Wowsers.

CM Mary Nan Huffman

Days after Attorney General Ken Paxton was acquitted in his impeachment trial in late September, his attorney, Tony Buzbee, rode the win on a campaign stage, while his opponent Mary Nan Huffman tried to convince conservative District G voters he shouldn’t be their favorite.

In the backroom of Tex-Mex restaurant Cyclone Anaya’s, Buzbee pitched himself for the City Council District G seat occupied by Huffman, a lifelong conservative with family ties to the Republican Party in Texas. The two candidates with conservative leanings sparred in the forum during a regular meeting of the West Loop Conservatives, a Houston-area civic club, with hopes of winning the majority vote in one of the wealthiest districts in the city. A third candidate for District G, Enyinna Isiguzo, has maintained that he is staying out of partisan politics and was not present.

According to the group’s organizer, Aaron Cichon, the match drew the largest audience the group had seen.

“Why is there such a large turnout?” Buzbee asked the audience after taking the stage.

“Because Paxton is still our AG,” an audience member shouted above the applause.

Buzbee smiled. Then he offered his campaign pitch.

“When Ken Paxton was impeached, there were more than 1.3 million lawyers in the country, and he chose me,” Buzbee said. “In times of trouble, I step up. And I think the city’s in a time of trouble.”

[…]

In the fight to secure her seat against Buzbee’s conservative ties, Huffman has taken to sowing doubt that he would represent the values of the party, citing past Galveston County Democratic Party affiliations, previous funding of Democratic judges and current lack of party endorsements. She also said his name recognition may not be as beneficial as some think.

“I think he’s using that trial with Ken Paxton to win favor with some of the conservatives,” Huffman said. “He has name recognition, but it’s not all positive. I think that can hurt and it can help.”

My interview with CM Huffman is here. I officially don’t have a dog in this fight, but you know me, I’m generally anti-chaos, and it’s clear who the chaos Muppet is in this one. Buzbee reported spending $300K (mostly if not entirely of his own money) on his 8-day report, while Huffman spent $118K. That’s a metric crap-ton of money in a district race, in a three-week period. I’m guessing one could probably wallpaper their living rooms with the mailers they have received. Because there’s a third candidate, there’s a chance this one goes to a runoff. I can only imagine how crazy that will be.

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

A brief primer on driverless cars

From the Trib:

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

It’s 8 p.m. in downtown Austin, and the electric cars silently exit the parking lot one by one — but no one is behind the wheel of any of them. The Cruise depot is full of people preparing the cars for another night of road testing.

There are about 125 autonomous vehicles, or AVs, operating in Austin, according to a city Transportation and Public Works Department memorandum.

It’s unclear how many are operating statewide. According to the Texas Department of Transportation, multiple companies are testing and operating driverless vehicles “as passenger, freight and personal delivery devices” all over the state. The list includes Kodiak, Aurora, Waabi, Torc, Plus.AI, Gatik, Cruise, Volkswagen, Waymo, Starship, Kiwibot, Coco, Refraction.AI, Nuro, and Clevon.

Here’s what you need to know about driverless vehicles in Texas.

[…]

What’s it like to ride in an AV?

A Texas Tribune reporter and photographer requested a ride through the Cruise mobile app, and got into “Cookie” — that’s the name of the car that picked us up.

Painted orange and white, the sedan had room for five people in back. On the roof, it had a mounted structure for all the cameras and sensors.

Cruise was founded in 2013 in San Francisco, where it offers driverless ride service through a mobile app. The company also operates driverless ride hail service in Austin between 8 p.m. and 6 a.m in downtown, Central and East Austin.

“Welcome,” a pre-recorded woman’s voice said as we got in, then asked us to fasten our seat belts. The recording continued: “Let’s cruise! For safety we are recording video, but no audio.” The interior looked like a normal car, except for a transparent plastic partition that separated us from the front of the vehicle.

Screens hanging on the backs of the front seats showed a digital map with the route that Cookie would follow to our destination and allowed us to select up to eight different radio stations. The steering wheel turned on its own as the car moved through downtown Austin traffic. The AV frequently drove slower than the vehicles around us, but at times it took corners very quickly.

At one point, the car appeared to detect a nonexistent collision. An alert appeared on the screens hanging from the front seats, the car stopped for a moment, then we heard a human voice coming through a speaker, asking if everything was okay.

The rest is more info about driverless cars in general and in Texas. This was the question I was most interested in. That story came out before the recent events that led to Cruise being taken off the streets for some as-yet undetermined length of time. Cruise had been officially operating in Houston in a limited area and only from 9 PM to 6 AM. We’ll see what happens when the pause is lifted.

In the meantime, the public image of robocars is going in the wrong direction.

The public’s trust in self-driving cars has declined for the second year in a row, according to a study conducted by J.D. Power and MIT. The growing distrust applies to self-driving cars in general, including autonomous vehicles used by ride-hailing services, as well as autonomous driving systems such as Tesla’s “Autopilot,” which belies its limited capabilities through a misleading name.

It’s these kinds of deceptive practices that seem to be turning public opinion against AVs, but the frequent robotaxi crashes aren’t helping, either. The 2023 Mobility Confidence Index Study puts consumer confidence in AVs at 37 (on a 100-point scale), which represents a decline of two points from last year when confidence was at 39 out of 100. And before that, in 2021, consumer confidence was at 42 out of 100. The results indicate trust in self-driving cars is going down steadily, and it keeps moving in a direction that bodes badly for AVs and major automakers who are betting big on self-driving cars.

The joint J.D. Power and MIT study claims that there are bright spots in the study, which found that first-time riders in robotaxis generally report positive attitudes towards AVs, but this is counteracted by negative media coverage of the “endless deployment issues” that autonomous vehicles are undergoing. And this, in turn, is contributing to the decline in trust.

I understand where the skepticism comes from, and I wonder how much the California suspension and then voluntary pause may affect that. I absolutely share that skepticism. In my case, I’d say that’s more about the marketing of autonomous vehicles than the technology, which I believe will in the end get to where it needs to be. Humans are overall lousy drivers, and I believe that tech can do better. I don’t think it’s there yet and the industry and its hypesters are way overpromising what it can do right now, to its detriment. So while I believe it will get there, I’m with the skeptics for now. It’s the safer place to be.

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Keep an eye on the Cy-Fair ISD elections

There’s potential for a lot of badness here.

Conservative political-action committees and GOP U.S. Sen. Ted Cruz are backing four Cy-Fair ISD trustee candidates in next week’s election for four positions that could sway control of the board in one of Texas’ largest school districts.

The conservative Cy-Fair for Liberty PAC gave contributions or spent money to support the campaigns of Todd LeCompte, George Edwards, Jr., Justin Ray and Christine Kalmbach — running for positions 1, 2, 3 and 4, respectively. All four were also endorsed by Texans for Educational Freedom and by Cruz, who called the candidates “strong, passionate conservatives” in a news release.

All4CFISD, a PAC that describes itself as nonpartisan, has advertised and organized events for four other candidates.

All4CFISD gave contributions or made political expenditures for Tonia Jaeggi, Julie Hinaman, Leslie Martone and Frances Ramirez Romero for positions 1, 2, 3 and 4, respectively, according to campaign finance reports.

The campaign involvement by these dueling political groups and elected officials is bringing a sharp political tone to nonpartisan school board trustee races across Texas. The influence of these outside political groups is part of a growing national trend as school board races have emerged as the latest battleground for intensely partisan rights over COVID masking, book banning and even LGBTQ issues.

[…]

Rice University political science professor Robert Stein has conducted election surveys for Houston area school districts and said he began to see PACs endorsing school board candidates in the early 2000s.

Stein said local school board election debates have gotten so personal and intense that the conversations often come down to who’s on what side.

“We don’t get to the merits of excluding certain curriculum, we just get: ‘they’re on our and you’re on their team.’ We are not having a serious conversation about how people learn.”

Representatives of the Cy-Fair for Liberty PAC did not respond to requests for comment. The organization’s website calls “for public schools to end all teaching of immoral and anti-American values.”

All4CFISD chairman Mark McShaffry said until last year he didn’t know the political affiliation of any candidate running for school board.

“There’s a lot of people passionate about this school board on both sides and to be honest with you, it’s a lot more heated than what it used to be,” McShaffry said.

Stein said the area’s growing diversity may lead to more partisan discourse during school board election campaigns.

“There will be candidates who will go after books, same sex bathrooms and (transgender students) participating in sports … but at the heart of this is a fundamental problem that we haven’t come to address, which is these communities are simply not like they were 20 and 30 years ago. The needs, the demands and the representation — that’s where the disconnect is,” Stein said.

Houston Landing covered this a few weeks ago, I just didn’t get to writing about it at the time. The Book-Loving Texans’ Guide to Texas School Board Elections called Cy-Fair “the board election to watch in November”. I strongly encourage you to read both, they cover a lot of ground.

The Book-Loving Texans’ Guide also provides a bit of hope, in that there are two engaged non-partisan parents’ groups (Cypress Families for Public Schools and Cy-Fair Strong Schools) that sprung up after the extremists swept three elections there in 2021 to counter those efforts. That’s exactly what is needed, because while Cy-Fair is diversifying as it is growing, the district remains Republican turf, at least in my estimate based on that map. Zoom in enough on the current State House map, and CFISD overlaps two Democratic districts (HDs 135 and 148) and four Republican ones (HDs 126, 130, 132, and 138). I don’t know what the numbers are, but I’d put money on CFISD being red in the last however many even-year elections. As such, while Democratic groups can play a role in parts of that district, the all-encompassing efforts should come from non-partisan groups like those two.

Which, unfortunately, still gives the advantage to the wingnuts. Read the Guide for more details on that, but in some ways it’s the basic problem of firing people up versus educating and persuading them. Hopefully the forces of good are fired up as well. Whatever happens here, we’ll need for it to happen again next time, and we’ll need for that fight to be taken to other places, like Katy ISD. If you live in Cy-Fair, make sure you vote for the good guys in these races, and make sure you tell your friends and neighbors about it too.

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

The school safety funding farce

Typical.

State legislators made school safety a top priority this year after 19 students and two teachers died in the 2022 Uvalde school shooting. But even after they passed a sweeping bill on the topic this May, schools have been raising the alarm that the $1.4 billion approved to fund the new initiatives doesn’t go nearly far enough.

School districts are now worried that political fighting over vouchers might prevent them from getting additional help.

House Bill 3, signed into law by Gov. Greg Abbott in June, requires school districts to develop active-shooter plans and mandates mental health training for certain employees. It also provides funds for schools to install silent panic buttons in classrooms and requires each campus to have an armed guard present during school hours.

All those measures created new costs for schools already dealing with high inflation, a challenging labor market and a disappointing end to this year’s regular legislative session, in which a measure that would have sent schools an additional $4.5 billion fell victim to squabbling between the Texas House and Senate over voucher programs.

Many school officials have said the $10 per student and $15,000 per campus that each district got for school safety expenses doesn’t go far enough to cover what for many districts includes the need to hire new full-time personnel at each school.

When safety measures like protective fencing are mandated by the state, the limited number of vendors who offer the service greatly increase prices, said Craig Bessent, a Texas School Safety Center board member appointed by Abbott. This creates an issue for smaller school districts that spend most of the funding they receive on other needs like school buses and teacher pay.

Hearne Independent School District Superintendent Adrain Johnson said his rural district has been forced to spend other funds on the new safety measures. In recent years, the district has made several safety upgrades, including adding metal detectors, silent panic buttons, new fencing and additional cameras to campuses.

In addition to increased safety measures, the district spends approximately $115,000 a year to pay for two officers, equipment, training and a vehicle for the district’s campuses.

“It’s disappointing that we didn’t get the funding to do it at a level that doesn’t hurt the district, and allows us to keep most of our funding dedicated to the education of children,” he said.

There was a bill passed in the Senate to add some money for schools to pay for all this stuff – not enough, but some – but because vouchers haven’t passed (and hopefully will not) the bill went nowhere because it wasn’t on the special session agenda, which is set by Greg Abbott who’s now off to Israel for some reason. All of these items are reasonable and even good ideas on their own, but the complete resistance to even admitting that guns are a huge part of the problem makes it all look ridiculous. Like mandating that everyone put the fire department on speed dial when their houses are all made of dry wood and faulty wiring. You know what I’m going to say so here it is: Nothing will change until we get a different government in this state.

Posted in That's our Lege | Tagged , , , , , , , | 1 Comment

Don’t trash your pumpkins

Here are some better ideas.

Looking for a new home for your pumpkin now that Halloween is over? Well, Houston might have the solution.

The city is collecting pumpkins — carved, guts or otherwise — now through next Wednesday as part of a program looking to keep pumpkins away from landfills and send them to compost bins. Houstonians can drop off their former jack-o’-lanterns every day other than Sunday at the Reuse Warehouse at 9003 N. Main St.

Collection hours start at 9 a.m. and run through 4 p.m. Monday through Friday and 1 p.m. on Saturday. Take off extra material, such as costumes and decorations, before dropping your pumpkin off.

The program has composted more than 24,000 pumpkins since the program was piloted in 2021.

There are also programs looking to get pumpkins out of landfills and into the mouths of farm animals. All We Need Farms in Needville is looking for pumpkins, and anyone interested can message the farm on Facebook.

Farm for Pigs is also facilitating donations around Texas. Golden ‘N Dirt Farms in Crosby has been picking up old pumpkin donations since last year, and owner Amy Wood has collected several hundred pumpkins this season to be fed to pigs, chickens, sheep, and ducks. Reach out on the Farm for Pigs website for more information.

The All We Need Farms Facebook page is here. As the story notes, food waste in landfills generates a lot of methane gas, so less of that would be good. Also, who wouldn’t want to feed some goats and pigs? It’s an easy call.

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8 day 2023 campaign finance reports – Houston Mayor

Election Day is next Tuesday, and candidates have (mostly) now filed their eight day reports, which is the last look we’ll get at how they’re doing campaign finance-wise before the votes are counted. I don’t have the time or the interest to review everyone’s eight day reports, but I did want to check in on the Mayoral candidates, so here we go. The July reports for this group are here, and the 30 day reports are here.


Candidate     Raised      Spent       Loan     On Hand
======================================================
Whitmire     520,040  3,328,772          0   4,266,473
JacksonLee   333,226  1,128,102          0     108,128
G Garcia     348,640  1,930,037          0      72,588
Kaplan        57,551    948,870    400,000     124,034
Khan           3,510    137,954     24,450      32,786
A Garcia      
Gallegos       1,000     14,544          0     131,833
Christie       
Houjami          760        605          0          11
Mbala              0          0          0         118
Williams      51,000          0          0      51,000

I didn’t spend any time scrolling through these reports to see who spent what on what, but this Chron story gets into some of that if you’re interested. Suffice it to say that those who are spending are spending on advertising. You can find all of these reports, along with all of the others from this cycle that I have reviewed, in this folder.

Jack Christie submitted a report with no summary information, though he did include all of the relevant individual sub-reports. I didn’t bother doing the manual addition for everything, but he raised a minimal amount, spent some $200K+ on advertising, and loaned himself more money – the report shows a total of $300K in outstanding loans, up from the $214K from the 30-dat report, with $200K of that coming in the time period for the report. I’m not sure whether this means another $200K tacked on to the previous total or if this is a consolidation of some kind. Sure would be nice to have those summary pages.

Annie Garcia did not submit a report as of yesterday, so we have no idea what if anything she may have done with the $1.5 million she reported having loaned to herself in the 30-day. If she has spent any of it on ads, they have not been visible to me.

One thing that the Chron story correctly notes is that anyone in the race would be at a huge financial disadvantage in the runoff against Whitmire and his remaining millions of cash on hand. Sheila Jackson Lee (or anyone else, but let’s be clear that it will be SJL) will be able to raise cash in the runoff, but so would Whitmire. There are also outside groups, for both SJL and Whitmire, that are spending and will spend more, but nothing that changes the fundamentals. I don’t see anything to alter this dynamic. SJL will just need to strategize for a race in which she will be vastly outspent.

I could be wrong, but I get the sense that Robert Gallegos has kind of checked out on this race. He’s just not spending any money. Not that he has a ton to spend, but what could he be holding that $131K for? One possibility is a run for another office in the future. There is one that has come open in recent days, so who knows. Please note that all of this is 100% speculation on my part.

Since I needled Lee Kaplan about his lack of advertising as of the 30 day report, I will note that I have received a couple of mailers from him in the past week or so. Well done, sir.

That’s probably it with the reports for now, though I will probably check them out for the runoff. Let me know what you think.

Posted in Election 2023 | Tagged , , , , , , , , , , , , | 3 Comments