Ramsey and Cagle finish sabotaging the budget

They got what they wanted.

Harris County’s prolonged political battle over the budget came to an end today. For over a month, the two GOP members of Commissioners Court have broken quorum, skipping meetings to prevent Democrats from passing their proposed tax rate and budget for fiscal year 2023.

They skipped again Tuesday, despite multiple major items on the budget that impacted millions in funding for law enforcement, flood control and the Harris Health System. Here’s a play-by-play of how it all went down, from the Houston Chronicle’s government reporter Jen Rice.

You can read the rest, but it’s more of what we’ve seen before. If you don’t like the cuts to the Sheriff, the DA, and the constables that will now happen, take your complaints to Commissioners Cagle and Ramsey. They’re the ones that made this happen.

UPDATE: Chron editorial: Harris County Republicans just defunded the police.

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November 2022 Day Two EV totals: Just the facts

I’m just going to get into it, I don’t have anything to add to the numbers. Final EV totals from 2018 are here and from 2014 are here. The Day Two totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   42,752   40,595   83,347
2018   53,947  127,963  181,910
2022   23,630  120,402  144,032

There were about 59K in person voters yesterday, compared to 63K for 2018. Obviously, the overall mail ballot total is down as noted before, but in the end I expect those votes to mostly show up as in person votes. I’m sure I’ll have more to say going forward, but for now we’re up to date.

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November 2022 Day One EV totals: The in person experience

Here’s your Chron story about Day One of early voting.

More than 60,000 registered voters Harris County decided Monday they couldn’t wait any longer to cast a ballot for their choices in the 2022 midterm election.

Monday was the first day of early voting in Texas, and more than one out of every 50 Harris County turned out to cast their ballots, according to the Harris County Elections Administration office. Voters this year are casting votes for Texas governor and Harris County judge, along with dozens of other state and local races. In Harris County, a printed-out ballot would be 20 pages long, officials said

Few problems were reported at the county’s 99 early voting locations Monday, but voters did find themselves standing in line waiting to cast their votes.

[…]

Texas now has nearly 17.7 million voters, which is 1.9 million more than four years ago, according to the Texas Division of Elections.

Harris County alone has about 2.6 million registered voters. Since 2018, about 230,000 people have been added to the rolls in Texas’ most populous county.

Most people across the state are expected to vote early, which has been the trend for Texas elections since 2008.

Whether this year’s midterm will have record turnouts remained to be seen. Elections officials in the largest counties outside of Harris County said turnout appeared to be slightly lower on the first day of early voting, compared to the 2020 and 2018 elections.

Here’s the story about voter registration totals, which I’ll get into separately. You’re here for the daily EV totals, and I aim to please:


Year     Mail    Early    Total
===============================
2014   41,520   20,215   61,735
2018   52,413   63,188  115,601
2022   21,779   60,834   82,613

I’m just focusing on midterm elections this time. The third week of early voting in 2020 makes any comparisons there hard to do. Final EV totals from 2018 are here and from 2014 are here. The Day One totals for 2022 are here.

Two things to note. One is that the mail ballots are way down, not just from 2018 but also from 2014. I saw some speculation about this on Twitter, as statewide mail ballots are also way down, that it’s mostly Republicans giving up on voting by mail due to the constant brainwashing about it by their lord and master The Former Guy. We can’t be sure about that, but it’s a reasonable hypothesis. We’ll know for sure when the votes get tallied. I’d guess that some number of other mail voters have also decided just to vote in person and not mess with that hassle now.

Two, the in person total for today is pretty close to what we had in 2018. Remember how much we freaked out about the turnout that year? I suspect in the end we’ll be pretty close, and may very well surpass it. Remember, we have a lot more voters now, so for a similar percentage of turnout the absolute total will be higher, and I also think we may have more Election Day voting, with probably more Republicans waiting till then. I’ll feel better about making pronouncements after a few days of actual voting.

I will try to post these daily, but may fall a day behind depending on how busy my evenings are. For now, this is where it is. Have you voted yet?

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UH/Hobby poll: Mealer 47, Hidalgo 45

They’re the only outfit that has polled Harris County so far, so at least there’s a basis for comparison.

A new poll of Harris County voters shows that Alexandra del Moral Mealer and Lina Hidalgo are neck and neck in the race for county judge as early voting begins Monday.

Mealer, a Republican, held a slight lead over the Democratic incumbent Hidalgo, winning 47 percent of likely voters compared to Hidalgo’s 45 percent, according to the new poll from the Hobby School of Public Affairs at the University of Houston.

The margin of error in the poll, however, is 3.9 percent, and 8 percent of likely voters were still undecided. That suggests that “the county judge race in Harris County is a statistical dead heat, with del Moral Mealer and Hidalgo effectively tied in regard to the vote intention of Harris County likely voters,” the poll said.

The Hobby School conducted the poll by texting likely Harris County voters and directing them to an online survey, which 625 people filled out.

Poll results show that the county judge contest is significantly closer than the gubernatorial race in Harris County, with Democratic challenger Beto O’Rourke holding an 8-percent lead over Republican Greg Abbott.

[…]

Mealer held a 19-percent lead over Hidalgo among white voters, 56 percent of whom said they plan on voting for Mealer. The race is neck and neck among Latino voters, who favor Mealer over Hidalgo 47 percent to 44 percent, within the poll’s margin of error. Black voters overwhelmingly support Hidalgo, the poll said, by a rate of 73 percent to 17 percent.

The Hobby School also polled 350 likely voters in Precinct 4 for their opinions on the commissioner race between Jack Cagle and his Democratic challenger, Lesley Briones. Cagle, the Republican incumbent, leads Briones 40 percent to 35 percent, but 25 percent of likely voters remain undecided, the poll shows.

The poll also indicated that the county’s $1.2 billion bond proposals, supported by county Democrats and opposed by Republicans, could pass a referendum in the November election. The most popular proposal was the most expensive — a $900 million bond for road improvements, including drainage projects. It enjoyed support from 63 percent of likely voters, according to the poll.

See here for their previous poll from July, which had Hidalgo up 48-47 among likely voters, for which the poll data is here. I’ll be referring to that in a minute. The poll’s landing page is here and data for this poll is here. Note that in the early version of this story, the Chron had Cagle up 45-30, but if you look at the poll data document, it’s supposed to be 40-35. A huge number of Democrats in the poll are undecided, so there’s plenty of room for Briones to grow.

The one other sort-of poll of Harris County was the UH-TSU Texas Trends poll from September, which had Hidalgo up by 52-42 and winning Latino voters by a wide margin. This is not a direct comparison, however, because that was a smaller sample (195 voters) taken from a statewide poll. This October poll has a sample size of 625 while the July poll was from 325 voters, which meant the earlier one had a larger margin of error. Hold onto that thought for a minute.

The July poll has a slightly more Republican electorate – 43% Dem, 40% GOP, to 36-30 in this sample, with more independents in October – and basically no self-proclaimed Dems voting for Mealer. The July poll had Beto up over Abbott 51-42 among likely voters, while this one has Beto up 50-42. Assuming nothing weird with the undecided voters, this would have Beto on track for about 54% in Harris County, and we know what that means. This poll says that about 6% of Beto voters are voting for Mealer with 10% of Beto voters undecided; 95% of Abbott voters are voting for Mealer, only 1% for Hidalgo, and the rest undecided.

Taken as a whole, this would suggest that Mealer has had some success chipping away at Hidalgo’s base of support. Maybe that’s true, and if so that would be a key to her winning. I’ve expressed my skepticism about the Latino vote breakdown in these polls before, but the thing that really made me cock and eyebrow this time around was Mealer leading Hidalgo 48-43 among millennial/Gen Z voters; Hidalgo had led among this cohort 52-42 in July. These are the most Democratic voters in the state, and while this is surely a small enough subsample to make comparisons across the two polls dicey at best, I have to say, I find that unlikely. Alas, they don’t break down the Governor’s race data in the same fashion, so I can’t tell if their younger voter sub-population is weird as a whole or just weird in this way. For what it’s worth, in what is an even smaller subsample, Lesley Briones leads Jack Cagle among the younger cohort 33-32, with a bunch of undecideds. Make of that what you will.

Speaking of subsamples and margins of error, this bit from the Chron story made me grind my teeth:

The race is neck and neck among Latino voters, who favor Mealer over Hidalgo 47 percent to 44 percent, within the poll’s margin of error.

Emphasis mine. That’s not how this works. You have to calculate the margin of error for the subsample if you want to invoke it in this way, not the MoE for the entire poll. Latinos were 27% of the sample in this poll, which is about 170 voters total. The margin of error for 170 voters is about 7.5% – just google “margin of error calculator” to see for yourself. This is why you have to be extra careful with subsamples in a poll.

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Houston leads the way in resettling Afghan refugees

Nicely done.

The sudden crush of thousands of Afghans who arrived in Houston last fall forced local refugee resettlement agencies to drastically expand services in a matter of weeks.

Houston’s role as the top destination for evacuated Afghans stressed these agencies, which had diminished in scope following Trump-era cuts to refugee resettlement.

But leaders for these groups say there’s an unforeseen silver lining to the logistical hurdle of resettling more than 5,500 Afghans: Refugee resettlement in Houston is back and organizations are better prepared to welcome refugees from around the world.

“That was a test,” said Ali Al Sudani, who oversaw the quick expansion of refugee resettlement at Interfaith Ministries of Greater Houston last fall. “That’s going to help us prepare for coming years.”

[…]

In the unpredictable world of refugee resettlement, organizations rely on a mix of public and private funds to maintain their programs. Agencies get money from the U.S. State Department for each new person they resettle. So when the Trump administration dropped the number of refugee arrivals to a fraction of Obama-era numbers, that funding stream largely dried up.

The Houston area has been a historic hub for refugee resettlement. During the time of these funding cuts, local agencies took a major hit, limiting their capacity to serve local refugees. Larger groups got help from the region’s deep-pocketed philanthropists. But one small Houston-area organization retained just a single staffer to handle all new arrivals; other agencies shuffled positions or didn’t replace staff when people quit.

Elsewhere in the U.S. small refugee resettlement agencies shut their doors.

Then, about a year ago, everything changed. In September 2021, planes began shuttling beleaguered Afghan families from U.S. military bases to Houston. Many were starting new lives with just a suitcase, limited or no English and still wrecked from the trauma of a violent and sudden departure from their homes.

Agencies staffed up and scaled up their operations — refugee resettlement was back.

It was a rough ride. Some frustrated Afghans waited weeks in extended stay hotels and overworked caseworkers drove pregnant mothers, who suddenly had to worry about insurance and health care costs, to doctor appointments. Social Security cards were mailed to addresses people had left.

Staff stepped up, working long hours to meet Afghan families’ needs, and faith communities, veterans, hotel owners also came together to lend a hand — one person even donated a cow that could be slaughtered according to halal guidelines. A significant boost in support could be attributed to Americans’ rare bipartisan support for this particular immigrant population, due in part to the fierce allyship of U.S. veterans who depended on Afghans during the 20-year occupation of their country.

More evacuated Afghans resettled in Houston than any other U.S. city — in fact, Houston took in more of these families than 47 U.S. states — some 5,600 evacuated Afghans. Houston became home for about half of all Afghans who resettled in Texas.

Now that early interventions — the airport pickups, the apartment placements and school enrollments — have concluded the next phase of services involves language education, career counseling and time-intensive case support to help immigrants file the paperwork to remain in the country legally.

I don’t really have anything to add here except “welcome”. It’s not that long ago that Greg Abbott was demonizing Syrian refugees, so at least we’re not going through that again. God bless all the helpers, and I wish our new neighbors the very best.

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Endorsement watch: The bonds

The Chron endorses a Yes vote for the Harris County bond propositions.

The Castlewood subdivision in northeast Harris County was one of many neighborhoods blighted by Hurricane Harvey’s torrential rains. One too many floods inundated the shallow drainage ditches and cracked the asphalt streets. The well-kept character of the affordable single-family homes and small businesses frayed.

Five years later, thanks to the $2.5 billion 2018 flood control bond that Harris County voters approved, Castlewood has transformed. The asphalt roads have been replaced with fresh concrete and lowered to improve drainage. Roadside ditches were replaced with sidewalks and curbs, with an underground storm sewer.

This year, county commissioners are asking voters for another $1.2 billion bond, divided into three separate ballot referendums: $900 million for roads, drainage, and multimodal transportation; $200 million for parks; and $100 million for public safety facilities. If not for these periodic bonds, projects like the Castlewood improvements would either never happen or languish in the planning process for years until funds became available.

Every six to eight years, the county asks voters to authorize leveraging its strong credit — an AAA rating, according to Moody’s, S&P, and Fitch rating agencies — to issue debt for investments into improving county infrastructure. Some bonds are dedicated to specific types of projects — the 2018 bond that included the Castlewood improvements was put on the ballot after Harvey exposed the dire flood control needs across the county — while previous bonds, such as the 2015 $850 million infrastructure bond, were more broadly defined.

While these bonds typically get approved, many voters may be wondering why the county is once again asking them to go back to the well this year, particularly as each bond comes with a slight increase to their property tax bills. Why not fund projects through a pay-as-you-go model, such as the one that the city of Houston has for roads and drainage projects?

The reason is primarily statutory; even if the county wanted to adopt a pay-as-you-go system, it would require a change to state law. The Texas tax system essentially forces counties to use debt as the primary instrument for capital improvements. And because Harris County has a healthy cash balance and credit rating with a rapidly growing real estate market, it can borrow for cheaper than most jurisdictions.

If voters approve the 2022 bonds, each county precinct will receive a baseline of $220 million worth of funding, though some will receive more based on the “worst-first” criteria the county has adopted to prioritize projects based on the number of people they benefit.

The average homeowner would pay an additional $32 per year in property taxes for the life of the bond program — 25 years — based on estimated 2022 tax values. But voters likely won’t see that large of an increase for years, because the county continues to retire more and more debt each year. For instance, the county is spending $54 million less on debt than it did four years ago and will pay off approximately $193 million of its general obligation debt next year. And as more properties get built every year across the county, the tax burden will be spread out even further.

See here for the background. Bond issuances usually pass, and I don’t see anything to suggest these will have much trouble. There are also city of Houston bonds on the ballot, but as of Monday evening the Chron had not weighed in on them yet. I don’t know if their decision to not endorse in the non-criminal courts will carry over from the primaries to the general; if so, then those races still need their attention as well. Otherwise, I think they’re basically done.

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Early voting starts today for the November 2022 election

If you feel like this election has been going on since approximately the Clinton administration, I feel you. We are officially in the home stretch now, as early voting begins today. All the information you need for Harris County is here. The basic schedule:

October 24, 2022 — 7AM – 7PM
October 25, 2022 — 7AM – 7PM
October 26, 2022 — 7AM – 7PM
October 27, 2022 — 7AM – 7PM
October 28, 2022 — 7AM – 7PM
October 29, 2022 — 7AM – 7PM
October 30, 2022 — 12PM – 7PM
October 31, 2022 — 7AM – 7PM
November 1, 2022 — 7AM – 7PM
November 2, 2022 — 7AM – 7PM
November 3, 2022 — 7AM – 10PM
November 4, 2022 — 7AM – 7PM
Election Day
November 8, 2022 — 7AM – 7PM

The voting locations are here, or here if you prefer an alphabetical listing. Note that there are always some changes from previous elections. The West End Multi-Service Center on Heights Blvd, which I had been using lately, is no longer there but the Damascus Baptist Church Fellowship Hall, on Center Street near Studemont, has subbed in, and that’s just about as convenient for me. Look before you go, check to see how long the lines are, and get out there to vote. I’ll be keeping an eye on the totals as we proceed. The Trib has more.

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Charges dropped against Hervis Rogers

Good, but this whole thing was an enraging travesty and in no way makes things right.

Hervis Rogers

Voter fraud charges against Hervis Rogers, who garnered widespread attention for waiting hours in line to vote at a Houston polling location during the March 2020 presidential primary, have been dismissed.

Attorney General Ken Paxton ordered Rogers’ arrest in July 2021 on charges that he voted while on parole. Over a year later, after the Texas Court of Criminal Appeals reiterated that the attorney general doesn’t have the ability to unilaterally prosecute election crimes, a district court judge has dropped the two counts of illegal voting against Rogers.

“I am thankful that justice has been done,” Rogers said in a statement.

Rogers is over 60 years old, so a conviction could have resulted in what amounted to a life sentence.

“It has been horrible to go through this, and I am so glad my case is over. I look forward to being able to get back to my life,” he added in the statement.

See here for the background. As a reminder, Hervis Rogers was initially jailed on a $100,000 bond – which is higher than what is often assessed on murder suspects – in Montgomery County. Not Harris County, where he voted, but Montgomery because Ken Paxton figured he’d have a better shot at conviction there. Literally everything about this was wrong, and it’s only because the Court of Criminal Appeals actually applied the state constitution that an even larger miscarriage of justice was avoided. Now if there were justice, Hervis Rogers would be able to sue not only the state of Texas but Ken Paxton personally for the needless suffering inflicted on him. None of that is going to happen, but the one thing we can do is vote Ken Paxton out of office, and never give him the chance to do this to someone else. The Chron has more.

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Endorsement watch: Briones, Garcia, Garza

The Chron attempts to make some amends for their tortured endorsement of Judge Lina Hidalgo’s opponent by endorsing Lesley Briones for Commissioners Court in Precinct 4 over the incumbent Commissioner Jack Cagle.

Lesley Briones

What do we want out of county government? Public safety. Roads. Flood control. The traditional core services of Commissioners Court must be carried out with integrity, focus and competency. But we also want more, particularly in a county where double-digit gaps in life expectancy exist between some neighborhoods. We think we can do better and we think can do both.

So does Lesley Briones, who represents the “yes and” candidate for Precinct 4.

Originally from Laredo, she became a lawyer and worked in litigation and tax law before eventually serving as a civil court judge here. Briones, 42, is bilingual and one of the few candidates we’ve seen whose website has a Spanish-language page.

Thanks to her professional experience, she has a good grasp of the nuances of the crime problem, many of which are particular to Harris County. She favors misdemeanor bail reform but also, as a crime victim herself, expressed an urgency during the Democratic primaries and, now, in the general election to addressing violent crime through smart, targeted efforts. She supports, for example, the micro-zone approach launched last year. And she noted that calls for more boots on the ground — a key platform among Republican candidates in local races this year — need to contend with the already funded but vacant positions in law enforcement agencies.

And while she has detailed plans for the basic services county government must provide, she is also supportive of the quality-of-life efforts we believe county government should pursue. Many of these, she said, can be aided through more strategic grant applications and philanthropic partnerships.

This kind of robust vision for county that doesn’t skimp on the core services but wants to leave things better than it found them is even more appealing because she promises to deliver it without partisan politics.

The incumbent has struggled to do that as of late.

Much of the rest is about Cagle’s failures, though they have more nice things to say about Briones at the end. They give Cagle no inch on his budget-preventing quorum breaking, noting how Cagle’s actions stand in contrast with his previous words. I’m never going to not be mad about their County Judge endorsement, but at least they got this right. My interview with Lesley Briones from the primary is here if you want to know more about her.

Over in Precinct 2, they endorse Commissioner Adrian Garcia for another term.

Adrian Garcia

To hear Adrian Garcia tell it, his first four years as a Harris County commissioner were a repudiation of his predecessor, Jack Morman.

Garcia, a Democrat, likes to say that he brought Precinct 2 — which encompasses Aldine and Northside, along with much of east Harris County, including Galena Park, Deer Park, Pasadena, La Porte and Baytown — “out of the stone age.”

Garcia claimed Morman, a Republican now running to reclaim his old seat, was tracking the precinct’s infrastructure projects in a red notebook with pencil and paper. Lower-income neighborhoods that Garcia claims were long neglected under Morman are safer, healthier and more vibrant with better sidewalks, hike-and-bike trails and parks. Parts of the county that for years were acutely vulnerable to flooding would now have first dibs on flood mitigation projects.

That narrative of rebalanced priorities certainly benefits Garcia politically; it also has some truth to it. Garcia, 61, former Houston police officer, city councilman and Harris County sheriff, has delivered on a number of the issues he ran on in 2018, from criminal justice reform to environmental justice to health care. Few would argue that his precinct is worse off than when he took office, and in some corners it is markedly better.

[…]

No, Garcia isn’t perfect. But even his detractors would acknowledge that he’s been effective. Morman’s personal style may be more agreeable, but his vision for the office lacks ambition. We want a county commissioner who will continue to use the levers of power to make their constituents’ lives tangibly better beyond fixing potholes and digging drainage ditches.

Voters should send Garcia back to Commissioners Court for another term.

I’ve seen more ringing endorsements, but I’ll take it. The editorial board really has a burr in their saddle about the redistricting of Commissioners Court, for which they ding Garcia, and I just have no patience with the argument that Democrats need to be angels about that while Republicans are actively working to completely repeal the Voting Rights Act. When the Legislature, and Congressional Republicans, and especially the cabal on SCOTUS, make even a small step in the direction of actual fairness and equity and racial equality, then I’ll be willing to hear those complaints. Until then, please spare me. My interview with Commissioner Garcia is here.

The third spoke in the Sunday trifecta is Rochelle Garza for Attorney General, because no decent person supports a repeat and unredeemed criminal for elected office.

Rochelle Garza

Rochelle Garza, Democratic candidate for attorney general, may or not enjoy a good joke. Although we see her smiling and laughing in photos and newsreels, we didn’t ask her that question when she visited with the Chronicle editorial board a few days ago. If she happens to be a connoisseur of jokes, we have one she might appreciate:

A lawyer walks into the HR department of a major law firm. Filling out a job application, he includes the following information on his resumé:

Under felony indictment since 2015 on securities fraud charges; trial postponed repeatedly (although under order from a judge to sit for a deposition in the case next month)*** Under FBI investigation for assisting a real estate developer who allegedly hired a woman with whom he, the applicant, was having an extra-marital affair*** Is being sued by four former top aides in the office he now heads; they claim they were fired in violation of the state’s whistleblower protection law for reporting their boss’ potential crimes to the FBI*** Instigated a frivolous lawsuit seeking to throw out 2020 presidential election votes in states where he did not reside or represent; court laughter ensued*** Faces court sanctions from the state ethics association for peddling false claims about 2020 voter fraud*** Was warm-up act for former President Donald Trump’s Jan. 6, 2021,“Stop the Steal” rally*** Recently headed major investigation into human trafficking and child sexual assault; rank incompetence wrecked investigation*** Vacancies abound in his sprawling office; can’t seem to find attorneys eager to work for him.

A job applicant with such a resume would be laughed out of any law firm in the land, any corporation with a legal department, any government agency. We Texans, though, have elected such a man as our attorney general — not once, but twice and some among us want to make it three times. Ken Paxton is his name. As long as he remains in office, the joke’s on us.

You get the idea. My interview with Rochelle Garza is here. You know what to do.

Also in the endorsement bucket: Ginny Brown Daniel for HD150 over her wingnut incumbent opponent, and Sen. Joan Huffman for re-election in SD17. Note what they say about Huffman’s role in redistricting at the state level this cycle, and compare it to their words about redistricting in Harris County. See what I mean?

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Weekend link dump for October 23

Disbar them all.

“I believe the House Jan. 6 committee’s legacy will depend on how its in-depth rendering of the events surrounding the 2020 election and the ensuing insurrection is presented, repeated and understood by successive generations of Americans.”

The full impact of voter ID laws on trans people and others remains difficult to measure. But voting rights advocates say potential voters across the country face an uneven patchwork of policies — and obstacles.”

Lock him up.

“So, yes, Tuberville is a flat-out racist. We knew this. Been knowing it. Saying that isn’t even controversial anymore. But there’s an even larger story here. Tuberville spent decades as a college coach, both at the University of Mississippi and Auburn. How many college football coaches are like Tuberville? How many do what he apparently did: make millions off the labor of Black athletes while apparently hiding their disdain for those same Black people?”

“NBC News found one example of a school district keeping cat litter on campus. The Jefferson County School District has had classrooms with cat litter since 2017, in case students are locked in a classroom during a shooting. Jefferson County is where Columbine is located.”

Maybe the Cartoon Network isn’t quite dead yet.

Wishing Dikembe Mutombo all of the best.

RIP, Jim McDivitt, NASA astronaut who led Apollo and Gemini missions.

Lock him up. Like, for way longer than that.

“After a February 25, 2020, CDC telebriefing ‘angered’ President Trump, the White House wrested control of coronavirus communications away from CDC and mandated on February 26 that all media requests related to the pandemic be approved by the Office of the Vice President prior to release”.

The misogyny-to-fascism pipeline.

RIP, Charley Trippi, NFL and College Football Hall of Famer who had over 1000 yards rushing, receiving, and passing in his career. He played on the last Cardinals team to win an NFL championship, in 1947.

Lock him up for longer than that.

Make him testify.

“Biden administration officials are discussing whether the US should subject some of Elon Musk’s ventures to national security reviews, including the deal for Twitter Inc. and SpaceX’s Starlink satellite network, according to people familiar with the matter.” Yes, yes they should.

RIP, Daniel R. Smith, one of the last surviving children of a formerly enslaved American.

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Of course voters of color has more mail ballots rejected

Water is wet, the sun rises in the east, voter suppression laws disproportionately affect voters of color.

Alice Yi of Austin is frustrated when she thinks about the March primary election, when her 92-year-old father tried to vote by mail, as he had many times before, but couldn’t.

He could not remember what identification number he used to register to vote more than 30 years ago, she said. When he sent in his ballot application with the last four digits of his Social Security number, a rejection letter from the elections office said that number was not on file. Another letter later said her father, who is legally blind in one eye, failed to fill out other details, such as specifying which ballot he needed.

By the third attempt, Yi, his caregiver, worried her father’s application would not make it before the deadline and he would be unable to cast a ballot. So she took him to vote in person, for the first time in years.

Yi’s father was just one of thousands of Texans who attempted to vote by mail in the March primary, but collided with the Texas’ GOP restrictive 2021 voting law, known as Senate Bill 1. When voting by mail, the new law requires voters to write their driver’s license, personal identification number, or the last four digits of their Social Security number on their mail ballot application and mail ballot envelope — whichever number they originally used to register.

In fact, the mail-in applications and ballots of Asian, Latino, and Black Texans were rejected because of the new ID requirement at much higher rates than those of white voters, according to a study released Thursday by the Brennan Center for Justice, a nonpartisan law and policy institute. The office of the secretary of state declined to comment on the findings, citing pending litigation over SB 1.

Although researchers couldn’t determine the exact cause of the disparities, experts and advocates say that in addition to the voting law’s restrictions, existing factors rooted in systemic racism, such as lack of resources in their native language and other socioeconomic barriers, likely played a role in the high rejection rates.

In the March primary, 12,000 absentee ballot applications and more than 24,000 mail ballots were rejected, leading to a 12% rejection rate statewide. That represented a significant increase compared to previous years. For example, the rejection rate for the 2020 presidential election was 1%.

The study shows the rejection rate was highest for Asian voters, who were about 40% more likely to have their absentee ballot application rejected than white voters.

The study also shows that Asian and Latino voters were each more than 50% more likely than white voters to have a ballot rejected due to a problem meeting SB 1’s new requirements.

Overall, 19% of Asian voters had either their application or their mail ballot rejected due to SB1’s provisions, followed by 16.6% of Black voters and 16.1% of Latino voters. For white voters, it was 12%.

“This shows that even if you successfully applied to vote by mail, you still weren’t out of the woods, you still might have your ballot rejected,” said Kevin Morris, a researcher with the Brennan Center for Justice and one of the authors of the study. “And not only do we see this gauntlet effect happening, we see that there are big racial discrepancies in whose applications and whose ballots are rejected.”

[…]

Absentee ballot rejection rates have been lower in Texas’s smaller elections since the March primary. The mail ballot rejection rate was at 5% for the May 7 Constitutional Amendment election, according to the secretary of state’s office. For the May 24 primary runoff elections, the statewide mail ballot rejection rate across both the Republican and Democratic primaries was 3.9%. Both of those elections, however, drew only a fraction of the voters who cast ballots in the primary.

Efforts made by local election officials across Texas counties contributed to the decrease in rejections.

The study, which has some limitations that are noted in the story, is new but its findings are no surprise. I’ve said before that I’m hopeful that the error rate will continue to fall, mostly thanks to the overburdened but very hard working local officials who have done all the work to make that rejection rate go down. I’ve also now had the experience of navigating this with my elder daughter, who is voting by mail from college. I’ll be keeping track of its progress on the Harris County elections webpage. She has a couple of friends who are in college in Texas but outside the county, and I’ve advised her to tell them to just drive in and vote in person during the EV period. It’s kind of crazy, but that’s the less risky option. Hopefully that will not be the case someday.

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Reading and writing and DNA kits…

I dunno, man. I just don’t know.

Texas public school systems are set to distribute DNA and fingerprint identification kits for K-8 students to parents who wish to participate.

The state Legislature passed a law in spring 2021 requiring the Texas Education Agency to give inkless in-home fingerprint and DNA identification cards to each public school system in Texas. The kits will be made available at each primary-level campus. The cards are intended to be kept by guardians who can give them to law enforcement in order to potentially help find missing or trafficked children.

In the Houston Independent School District, the largest in the state, kit distribution will begin this week.

“Caregivers are under no obligation to use the kits, but they must be informed by your institution that the available kits will allow them to have a set of their child’s fingerprints and DNA in that they can turn over to law enforcement in case of an emergency,” reads a letter to recently sent to all HISD principals.

Other districts, such as Clear Creek ISD, have already begun to notify parents that the kits are available.

Some families have found the program chilling, considering that police asked parents waiting to find out if their children were slaughtered at Robb Elementary on May 24 to provide DNA samples to help identify the dead.

“When you put it in the light of Uvalde, it’s one of the most macabre things you could think about,” said Bob Sanborn, president of the nonprofit Children at Risk.

Kenneth S. Trump, a national school security consultant, said there may be a value in providing the kits to parents, but said the proximity and timing of the distribution may ring alarm bells for parents and children still reeling from the news of Uvalde.

“On one hand, I see the value in saying, ‘Here’s a tool you can have in case of potential threats,’ ” he said. “But I think we need to be very cautious about crossing the line of do no harm to the point where we are creating more anxiety.”

Messaging from administrators should be clear that the kits are intended to be an extra available resource for parents and guardians in case their children go missing, Trump said.

“Even if it’s about human trafficking or other risks, we need to communicate what is the probability of these events so it’s not creating fear and anxiety suggesting kids are in imminent danger in school,” he said.

I don’t really have much to add to what Messrs. Sanborn and Trump said. I get the reasoning behind that law. It makes sense, though I’d have a lot of questions about data privacy if either of my kids were still in elementary school and could receive one of those kits. But man, thinking about it at all is depressing as hell. I don’t know what else to say.

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If we can’t get high speed rail in Texas…

… At least we can maybe get some more Amtrak service.

San Antonio residents finally may get new rail service connecting them to Dallas, Houston and Austin, according to a Texas Department of Transportation (TxDOT) filing.

In an Oct. 5 letter to the Federal Railroad Administration (FRA), TxDOT Executive Director Marc Williams requested federal funding for the expansion of several railroad corridors, including “new and enhanced, conventional intercity options” along traffic-clogged Interstate 35, which runs north-south through the state.

The proposed projects outlined in the letter include an increase in service on Amtrak’s Texas Eagle line connecting San Antonio and Dallas and additional hauls on the Sunset Limited between the Alamo City and Houston. Currently, the Texas Eagle only runs four days a week, while the Sunset Limited operates on a tri-weekly basis, according to the rail operator’s website.

The proposal also includes expanding the Texas Eagle Line south, connecting San Antonio with the Rio Grande Valley and adding a new station on the Sunset Limited Line in Flatonia — located between San Antonio and Houston — to expand rural service.

Williams’ request is in response to the FRA’s establishment of the Corridor Identification Program. That is funded via the Infrastructure Investment and Jobs Act passed by the U.S. Senate in November 2021. Not one Texas Republican in the U.S. House or Senate voted in favor of the measure.

The FRA is excepted to decide which projects to fund based on criteria including projected ridership, revenues and capital investment, among others.

See here for some background. The Texas Rail Advocates post on which this story is based also mentions the revival of the Dallas-to-Houston-via-College Station line that was ended in the 1990s, which is to say maybe bringing back a slower and presumably less frequent version of Texas Central. (Pause while I heave a deep and dramatic sigh.) The letter doesn’t mention ridership, and I’d assume that the Dallas-Houston line if and when it got built would be a couple of times a week deal, which is to say it would all be pretty limited. But at least it would be a thing, if indeed it does happen.

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Endorsement watch: Another smattering

The Chron endorses Cam Campbell in HD132.

Cam Campbell

Texas House District 132, stretching from just south of Interstate 10 in eastern Katy to U.S. 290 in Cypress, features a handful of high school football powerhouses. Voters there fittingly get to choose between two gridiron lovers in Republican incumbent Mike Schofield and Democratic challenger Cameron “Coach Cam” Campbell. Campbell believes Cypress, Katy and the rest of the western suburbs can become the “Fort Worth to Houston’s Dallas” with the right leadership and partnerships.

Campbell, 40, is a 2000 Cypress Springs graduate and a former University of Houston football player. He teaches children about safe play for a community outreach program of the Texans. He also has a sports facility construction company and has gone by “Coach Cam” since coaching for KIPP Houston High School.

Control of this district has swung back and forth between parties in recent years. Schofield was several years ago named “Freshman legislator of the year” by Republican members of the House but lost his seat in 2018 by just 113 votes to Gina Calanni, then won it back in a hard-fought 2020 election. This time, Schofield got some help through redistricting.

In our interview, Campbell criticized the gerrymandering, but he is running the electoral version of an aggressive no-huddle offense to drive voter engagement and turnout to overcome the influx of likely GOP voters. He talked at length about voter research and outreach tools his campaign is using. Given the redrawn district’s tilt, it’s not surprising his opponent has far outraised Campbell, but he appears to be making the most of his limited resources. Campbell’s high energy and attention to detail truly felt coach-like to us.

We appreciate Campbell’s vision of what the district and the Katy-Cypress area can be. He wants to sit on the Culture, Recreation and Tourism Committee in the House, in part to attract industry and promote his district.

Campbell said he’s passionate about promoting literacy and reducing gun violence, which he hopes to turn into legislative priorities if elected. He’s also been outspoken on the campaign trail about reproductive rights and LGTBQ rights. He favors marijuana legalization and greater environmental protections.

My interview with Coach Cam is here. I thought he was pretty impressive, so give that a listen if you haven’t. The Chron notes that they had endorsed incumbent Rep. Schofield before, and also that he didn’t bother screening with them this time. That is a trend that is unlikely to reverse itself anytime soon.

The Chron also endorsed Carla Wyatt for Harris County Treasurer.

Carla Wyatt

Voters expecting shy, bookish candidates for Harris County treasurer, content to pore over spreadsheets in anonymity, have a surprise in store from Republican Kyle Scott and Democrat Carla Wyatt. However the race turns out, the county is about to get a charismatic, hardworking newcomer to oversee the office that processed some $20 billion coming in and out last year.

Wyatt earns our endorsement because she has two decades of experience working for the county, including in the budget office and public infrastructure. She also holds a doctoral degree in environmental toxicology, and she ran emergency communications during Hurricane Harvey. She has creative ideas for how to reach more residents and make it easier for people to interact with the office. In the budget office, she led an IT group that created interactive dashboards for county employees to see where money was going.

[…]

“I’ve created these relationships and I understand where all the little rocks and pebbles are, because I helped put some of them there,” Wyatt, 51, told the editorial board. “I think it’s important for whoever is in this office to have the experience and relationships to create checks and balances and be able to work across party lines and department lines.”

She wants to make it simpler for residents to find out whether the county owes them money and to propose ways to broaden the use of credit and debit card transactions in county business.

Scott’s campaign is centered around accountability and transparency, and he talked with us about wanting to serve as a check on wasteful spending. We especially appreciate Scott’s desire to bolster financial literacy and actively engage residents. His background as a former board trustee and communications executive at Lone Star College prepares him well for the task.

“Usually in the treasurer’s race, all you hear is, ‘I’m a watchdog,’ without explaining what that means or demonstrating knowledge of what you’re actually watching, and so many folks feel in the dark about where the money’s actually going,” Scott, who has a Ph.D. in political science, told us. “If you can talk about it clearly and bring some light to that, it’s appreciated.”

We endorsed Scott’s GOP primary opponent, in part because we were concerned when Scott said he would be willing to refuse to sign a county check as a final safeguard against wasteful spending by the Harris County Commissioners Court. Changing the county budget is the job of commissioners, not the treasurer. In our general election screening this fall, Scott told us he’d refuse to sign checks only in extreme moments, as in the case of the $11 million Elevate Strategies vaccine outreach contract.

Wyatt had a different take, using one of the several clever analogies she employed in her interview with us. “The treasurer can’t stop you from walking into a fire, but I can tell you that there is a fire,” she said. “I can tell you that the stove is hot.” She sees the treasurer role as an advisory one and said, in the case of a contract like Elevate Strategies, that delaying alongside advising could be used. But she stopped short of saying she’d refuse to sign a check. That’s closer to our understanding of the treasurer’s job.

Wyatt as noted defeated incumbent Treasurer Dylan Osborne in the Dem primary. My interview with her from the primary is here. I like Dylan, I knew him before he ran for Treasurer, I voted for him in the primary, but I agree with the Chron’s assessment of Wyatt: She’ll be a fine Treasurer. But even if I had concerns about her, I’d have much bigger concerns than the Chron seems to have had with Kyle Scott’s pronouncement that he’d be a self-appointed veto of county spending activity he doesn’t like. Yeah, sure, now he says it would be used in limited emergency instances, but that’s not what he said in the primary and the Treasurer doesn’t have that power. Seriously, do we really need another undemocratic veto point in our government? It’s a ridiculous idea – in truth, even if the Treasurer explicitly had this power it would be a dumb idea – and it disturbs me that the Chron isn’t more than just “concerned” about it, especially given Scott’s past campaigning on the idea. Good for them for not endorsing him, but come on. Don’t be a sucker.

Finally, the Chron endorsed Sen. John Whitmire for re-election in SD15, an easy and obvious call, and former District Clerk Chris Daniel in his rematch against incumbent Dem Marilyn Burgess. They still have more races to get through, but at least they seem to be picking up the pace.

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UT/Texas Politics Project: Abbott 54, Beto 43

Not great.

With in-person early voting set to begin in Texas on October 24, the latest University of Texas/Texas Politics Project poll finds Gov. Greg Abbott leading Democratic challenger Beto O’Rourke in the gubernatorial race, 54%-43%, among Texans likely to vote in the 2022 election. While more than half of Republican voters say immigration and border security is the most important issue area informing their vote, Democratic voters’ attention is divided among a list of several issues, topped by abortion.

The poll surveyed 1,200 self-declared registered voters using the internet from October 7-17 and has a margin of error of +/- 2.83 for the full sample. From among this overall sample, likely voters were defined as those respondents who indicated that they have voted in every election in the past 2-3 years; or those respondents who rated their likelihood to vote in the November elections on a 10-point scale as a 9 or a 10. This likely voter screen yielded a pool of 883 likely voters, with a margin of error of +/- 3.3% for the full likely voter sample.

Beyond the two major party candidates, Green Party Candidate Delilah Barrios and the Libertarian Party’s Mark Tippets each earned 1% support while 2% preferred an unspecified “someone else.”

[…]

The results among likely voters found Republican candidates maintaining wide leads in the five other major races for statewide office. In all of the trial ballots, including for governor, undecided, but likely, voters were asked whom they would choose if forced to make a decision. All results for the trial ballots report the results of the initial question combined with this “forced” response. (The poll summary reports the share of voters who expressed no preference in the initial question in each race.)

Lt. Governor. Incumbent Dan Patrick led Democratic challenger Mike Collier, 51%-36%, in their rematch of the 2018 race.

Attorney General. Incumbent Republican Ken Paxton leads Democrat Rochelle Garza 51%-37%.

Comptroller of Public Accounts. Two-term incumbent Republican Glenn Hegar leads Democrat Janet Dudding 47%-35%.

Agriculture Commissioner. Incumbent Sid Miller leads Democrat Susan Hayes 51%-39%.

Land Commissioner. Republican State Senator Dawn Buckingham leads Democrat Jay Kleberg 47%-36%.

The generic ballots for the U.S. House of Representatives and the Texas legislature also revealed continuing advantages for Republican candidates: Republicans lead 53%-44% in the generic ballot for the U.S. House of Representatives, and 53%-42% for the Texas legislature.

This is upsetting mostly because the August poll had Abbott up by only five and had shown a slight but steady drift towards Beto over time. The one caveat here is that the previous polls were of the full registered voters sample, and this is of “likely voters”, which is about three-fourths of the original. It’s not a direct comparison as a result, though of course the pollsters will have done what they think is best to reflect the electorate accurately. If they provided numbers for the full sample in October, I didn’t see them.

The October poll data is here and the August data is here. The underlying atmosphere has not changed in any significant way. Biden’s approval was 40-52 in August and it’s 39-52 in October (the approval numbers are still based on the full sample in each case). Abbott went from 46-44 to 47-44. Dan Patrick and Ken Paxton were actually slightly worse in October, going from 38-37 to 37-39 for Patrick and from 37-38 to 36-39 for Paxton. Either a lot of people changed their minds or that likely voter screen is a big difference maker.

I’ve put my faith in the “the screen is too tight” beliefs before without much success, so I don’t want to go overboard here. If these numbers are accurate, they don’t bode well for Harris County either, suggesting Beto might end up with 52 to 54 percent. At the high end, as I’ve said before, I’d still feel pretty confident about Harris County Dems. Less than that, and I would expect Republicans to win at least some races. Maybe this year is another inflection point, and maybe the dip in the gap between Harris and the state that we saw in 2020 following years of games will not be a one off. No way to know until we start to see some real numbers.

The poll also includes this demographic breakdown in the vote:

White/Anglo: Abbott 64%, O’Rourke 32%
Hispanic: O’Rourke 48%, Abbott 48%
Black: O’Rourke 86%, Abbott 11%

Those are the strongest numbers Beto has had for Black voters in awhile. They’re not great for white voters – compare to the Marist poll, for example, which had Abbott leading Beto by a much smaller 57-37 margin among those voters – and this is another poll that has Beto with no advantage among Hispanic voters; note that was also true in the Marist poll. We saw a great disparity in Hispanic preferences in the 2020 polls, and in the end the ones that showed a smaller lead for Dems were more accurate. I don’t know what else to say here.

I will add that we saw one more poll result released yesterday, from the Democratic AG’s Association (DAGA), which claimed Rochelle Garza was trailing Ken Paxton by two points, 48-46. That linked poll memo is the entire thing – no Beto/Abbott numbers, no Biden approval numbers, no crosstabs, nothing – and it’s basically an internal poll, so maintain a higher level of skepticism for this one. I will note the following from the memo:

The survey was conducted between October 12th-16th using live calls to landlines, SMS text-to-web and live calls to cell phones, and an online panel. The sample includes 879 registered voters and is weighted to reflect a likely 2022 Texas general electorate. The margin of error is +/- 3.24% at a 95% confidence interval.

The results of the survey show that when asked who they’ll vote for as Attorney General and Texas undecided voters are allocated to a candidate, Paxton is only ahead by 2 points, within the margin of error for the survey, landing at 48% Paxton, 46% Garza, with 6% of voters say they’re voting for Libertarian Mark Ash in the AG race.

Another “likely voter” result, though with less detail. They also seemingly pushed the initial non-respondents into picking a side, which I had initially frowned at but I guess if the UT/TPP folks can do it, they can too.

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Harris County asks for federal vote monitors

I agree with this.

Houston and Harris County officials are asking the U.S. Department of Justice’s civil rights division to send monitors to assist in the upcoming November election in response to a letter the county received from the Texas secretary of state’s office this week informing it that state election observers would be monitoring the county’s election and vote tally.

The request to the federal agency was sent Thursday by County Judge Lina Hidalgo, County Attorney Christian Menefee and Houston Mayor Sylvester Turner.

In a statement, Menefee questioned the state’s intentions in sending election monitors to the county.

“We cannot allow unwarranted disruptions in our election process to intimidate our election workers or erode voters’ trust in the election process,” Menefee said. “As the county attorney, I will be at central count on Election Night, ensuring outside forces do not interfere with our elections. I hope the Department of Justice will be there, too.”

[…]

In response to the local leaders’ request for federal election monitors, the secretary of state’s office said in a statement that suggestions made by local leaders were a “cynical distortion of the law.”

The office reiterated that its decision to send monitors to Harris County was a matter of routine.

“The Texas secretary of state’s office has sent election inspectors to Harris County every year and has never before seen a request for the Department of Justice to ‘monitor the monitors,’” the statement said. “This request is based on a completely false premise and misunderstanding of Texas election law and is being used to spread false information about the actual duties of our election inspectors — dedicated public servants who will be present in Harris County to observe only and to ensure transparency in the election process from beginning to end.”

Mary Benton, the mayor’s communications director, said: “Mayor Turner welcomes a discussion with the U.S. Department of Justice. He is confident that if they send election monitors to Harris County, they will operate effectively to ensure that no registered voter’s rights are trampled on as they attempt to cast a ballot legally.”

See here for the background. I don’t care if the SOS is miffed about this, but even if we take them at their word there’s still the Attorney General’s “task force”, which absolutely cannot be trusted and needs to be watched like a tachyon in a particle accelerator. This was absolutely the right move. Reform Austin and the Texas Signal have more.

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Two DeSantis updates

From the Express News:

Top aides to Florida Gov. Ron DeSantis were directly involved in arranging chartered flights that took 48 South Americans from San Antonio to Martha’s Vineyard last month, records show.

Texts from Larry Keefe, DeSantis’ public safety czar, and the governor’s chief of staff, James Uthmeier, show Keefe was in San Antonio making arrangements more than a week before the Sept. 14 flights. They also show he was operating with Uthmeier’s knowledge and approval.

Keefe, a former U.S. attorney in north Florida, was on the ground in San Antonio on the day of the two flights and apparently was on one of them, at least for the first leg of the journey, the records show. The flights took off from Kelly Field and stopped briefly in the Florida Panhandle before continuing on to Martha’s Vineyard, a resort island off the coast of Massachusetts.

More than a week before the flights, Keefe texted Uthmeier that he was “back out here” in San Antonio.

“Very good,” Uthmeier texted back on Sept. 5. “You have my full support. Call anytime.”

“Copy. Thanks,” Keefe replied.

The newly released documents include nearly 150 pages of text messages, photos of migrants boarding the chartered aircraft and waivers in which they purportedly agreed to be transported from Texas to Massachusetts. The signatures of the migrants — dated Sept. 13 — were blacked out. Some of them listed Venezuela and Peru as countries of origin.

[…]

The raft of documents was released by the DeSantis administration after the Express-News and other news organizations requested public records related to the flights. The involvement of Keefe and Uthmeier was first reported by Florida news organizations and Politico.

The records include photos showing that a Bexar County Sheriff’s Office patrol vehicle was on-site when the migrants boarded the planes at Kelly Field. The sheriff’s office acknowledged Monday that a deputy was at the scene.

The deputy was off-duty and had been hired to provide security for the operation with a luggage-sniffing K9, a sheriff’s official said. Deputies are permitted to take on after-hours jobs to earn extra income. The deputy has told his supervisors that he — like the migrants — was misled about the purpose of the flights and his role, the official said.

The deputy is now a witness in the sheriff’s investigation into whether the organizers of the flights committed any crimes in Bexar County.

In a statement to the Express-News, the sheriff’s office said: “We are aware a deputy was at the scene. Early in the investigation, this deputy came forward with information he witnessed which corroborated some of the information supplied by many of the migrants. He is considered a cooperating witness in the case and is not suspected of any wrongdoing at this time.”

Sheriff Javier Salazar said last week that information gathered so far by investigators suggests the migrants may have been victims of “unlawful restraint.” The Texas Penal Code defines unlawful restraint as controlling the movements of another person through force, intimidation or deception — including by transporting the person from one place to another.

See here, here, and here for some background. I don’t know what will ultimately come out of this – Sheriff Salazar has said that DeSantis himself is not under investigation, so the ceiling here is not that high – but at least we’re getting a fuller picture of what did happen. It’s funny how secretive and cloak-and-daggery these guys are about something they otherwise like to brag about. In a story from late last week Sheriff Salazar says he has identified some potential suspects, so perhaps in the near future we’ll get the rest of the story, at least as it is now known. Link via the Current.

From TPM:

Perla Huerta, the woman running the recruitment operation in San Antonio, is an employee of Vertol systems, the military contractor the DeSantis administration hired to run its flights. Huerta was only weeks out of the Army, in which she had served for 20 years. The DeSantis operation was apparently her first assignment working for Vertol. There were several other Vertol employees, most or all retired military, also overseeing the operation in Houston. At Vertol the operation was overseen by top executive Candice Wahowski, an Air Force veteran who had been a military police officer in the Air Force. Wahoswki was also on location in San Antonio. Many of the migrants recruited in San Antonio had met with her.

Much of the article is based on the story of “Emmanuel,” another Venezuelan migrant Huerta hired to help her recruit. In one of the many telling details, she paid him in cash in what amounted to dead drops — money stashed behind dumpsters which he was to retrieve as his compensation.

“The money is going to be in the Bill Miller [restaurant] near your house. It’s going to be behind the dumpster outside in a white envelope.”

Around the whole operation there was a climate of secrecy enforced by Vertol — no recording devices that could capture the voices or images of Vertol employees and so forth. Former employees said the whole company is tinged by an air of paranoia and secrecy. It was this which warned some of the migrants off, fearing that they were being snared in some kind of government operation, which of course was precisely what was happening.

In a notable irony, as Perla and her crew quickly closed down their operation as the flights became a national story, they had a plane ticket to Florida for Emmanuel to get him out of town ahead of any investigation. In other words, the state of Florida ended up footing the bill for Venezuelan asylum seeker Emmanuel’s flight to Florida, the kind of Texas-to-Florida trip DeSantis’s operation was notionally aimed at preventing. A short time later Emmanuel returned to Texas to cooperate with the Bexar County sheriff’s ongoing investigation.

All that is summarized from a Miami Herald story. Again, the spy-versus-spy nature of all this – seriously, using a Bill Miller Barbecue dumpster as a dead drop – is so absurd that it couldn’t possibly fly as fiction, because no one would believe it. I mean, Carl Hiassen writes for the Herald, and he would have thought twice about such a plot detail. It’s precisely because of these comic attempts at secrecy that I’m convinced there’s some actual wrongdoing in there somewhere, just because normal people going about normal business don’t do that kind of thing. It’s time-consuming, easy to screw up, and you look ridiculous when other people hear about it. If there isn’t something there that’s worth covering up then these people are even weirder than I can imagine. Daily Kos has more.

UPDATE: The hits just keep on coming.

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Endorsement watch: Dudding and Warford

The Chron endorses Janet Dudding for Comptroller.

Janet Dudding

In 2005, Janet Dudding found herself mucking out her home in Bay St. Louis-Waveland, Mississippi, after Hurricane Katrina sent a 32-foot storm surge across the town.

“The first time I cried was when the Red Cross truck came around,” she told the editorial board. “I’m supposed to be the one giving help. There I was going to get a hot meal because there is no electricity, no streetlights, no water.”

That experience — and the city’s struggle to get back on its feet financially — had a profound impact on Dudding and is among the reasons she is running for Texas comptroller as a Democrat against the Republican incumbent, Glenn Hegar.

Trained as a lawyer and formerly a state legislator known for pursuing abortion restrictions, Hegar was first elected as comptroller in 2014. In his 2018 re-election bid, this board endorsed Hegar, 51, for keeping “his head down and focused on his job” instead of pandering to primary voters. Sadly, we can’t say the same four years later. Now he appears more interested in attracting national headlines and preparing for the next stage of his political career.

We urge voters to elect Dudding, 63, an actual certified public accountant running to be the state’s accountant. She says her main objective would be holding government accountable to people, not special interests. That’s the job we want done, and she has 35 years experience running audits, administering teams and leading investigations to show she can do it.

I was thinking about that earlier endorsement as I read this. The 2018 version of Glenn Hegar had a good argument that he was a down-the-middle public servant doing his job in a normal way. The 2022 version of Hegar isn’t in the same ZIP code as that argument, and it’s not just for the more recent aggressions against Harris County, either. The Chron has some more examples of things I’d forgotten about or not been aware of in the editorial. Based on his behavior in the Legislature, none of this is surprising, but compared to Hegar’s first term as Comptroller, it really stands out. This is what happens when “doing a good job” is not an asset in your primary.

You can listen to my interview with Janet Dudding here. If you like the idea of a Comptroller who’s focused on the day-to-day Comptroller stuff and not looking for extracurricular activities to make their application for the next job more sparkly, Janet Dudding is your candidate.

The Chron also endorses Luke Warford for Railroad Commissioner.

Luke Warford

In a perfect world, the Railroad Commission’s mission statement of protecting Texas’ natural resources and promoting the oil and gas industry would not be contradictory. There’s an alternate reality in which the commission could be at the nexus of the global energy transition, laying the groundwork for emerging technologies such as hydrogen and geothermal energy while helping oil and gas producers become cleaner and safer.

That’s the vision that Democrat Luke Warford has for an agency that long has treated “regulation” of the state’s oil and gas sector as an afterthought. Warford, 33, a former Texas Democratic Party operative and energy consultant, is not running just to be another watchdog bureaucrat; he wants to fundamentally modernize an agency that is becoming as anachronistic as its name.

Warford isn’t your central-casting roughneck or wildcatter. He studied at the London School of Economics and worked at the World Bank before transitioning to consulting, where he worked with oil and gas majors as well as wind and solar clients seeking access to global energy markets. His knack for helping businesses adapt to a changing economy could be an asset on the commission. His solutions range from simple — he mentioned modernizing the agency’s antiquated website to make it more transparent and accessible to the public — to cutting edge, such as using methane leak detection technology pioneered by the Southwest Research Institute.

His desire to be an agent of change is rooted in watching his father, who owned a CD store, struggle to make ends meet once the internet changed the way we listened to music.

Warford told the editorial board that this personal experience has helped him forge connections with oil and gas workers who fear global decarbonization will render their jobs useless.

“Out in Midland, a couple of weeks ago, a geologist said to me, ‘Hey, you know, I’ve made my career in this industry, I’m sending my kids to college from work I do in this industry, but I’m sick of coming home and having my kid, my neighbors, think that I’m poisoning their air and their water,’” Warford said. “He was worried about what his job prospects are gonna look like in 10 and 20 years, even if oil and gas production continues, as automation happens. To be able to understand that on a personal level, I think, is effective.”

By contrast, the current commissioners, led by Chairman Wayne Christian, 72, the Republican incumbent, are more interested in raking in campaign cash from oil and gas producers and letting the industry police itself.

My interview with Warford is here. Christian was a lousy legislator, and unlike Hegar didn’t do anything in his first term in statewide office to try to change that narrative. He’s a toady and a waste of space, and Luke Warford would be a vast improvement even if he’s a lone voice for sanity on that Commission. That’s a question he addresses directly in the interview, by the way. Go give it a listen, and then vote for Luke Warford.

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State and county election result relationships, part 3: Other county races

Part One
Part Two

Last time we looked at judicial races, which for all of the complaints about not knowing the candidates and just going by partisan labels have produced a consistent range of outcomes over the years. Some people are picking and choosing among judicial candidates – it’s not a huge number, and there doesn’t appear to be any rhyme or reason to it, but it’s happening. With candidates for county offices, especially higher profile ones like County Judge, District Attorney, and Sheriff, there’s even more of a range of outcomes, as these candidates are better known and the reasons for crossing over are clearer. Let’s get to the data.


2006          2008          2010          2012	
CJ      N/A   DA    49.79   CJ    39.40   DA    47.66
DC    46.09   CJ    46.85   DC    46.15   CA    51.48
CC    44.69   CA    51.39   CC    44.58   Sh    52.95
CT    48.34   DC    51.06   TA    45.27   TA    48.73
HCDE  48.63   TA    46.18   CT    43.01   HCDE  51.34
              Sh    56.28							
              HCDE  52.51								
              HCDE  52.58								

2014          2016          2018          2020	
DA    46.78   DA    54.22   CJ    49.78   DA    53.89
CJ      N/A   CA    53.72   DC    55.09   CA    54.66
DC    44.82   Sh    52.84   CC    54.60   Sh    57.46
CC    45.71   TA    50.31   CT    54.21   TA    53.07
CT    44.95	            HCDE  56.71   CC    53.76
HCDE  46.85                               HCDE  55.64
HCDE  46.79                               HCDE  54.65

Abbreviations:

CJ = County Judge
DC = District Clerk
CC = County Clerk
CT = County Treasurer
DA = District Attorney
CA = County Attorney
TA = Tax Assessor
Sh = Sheriff
HCDE = At Large HCDE Trustee

Note that in some years, like 2008 for County Judge, 2010 for Tax Assessor, and 2014 for District Attorney, there were special elections due to the death or resignation of a previously-elected official. There are three At Large HCDE Trustees, they all serve 6-year terms, and in a given election there may be zero, one, or two of them on the ballot. All of the numbers are the percentages achieved by the Democratic candidate for that office. In 2006 and 2014, there was no Democrat running for County Judge.

The first thing to note is that in all but two years, the Dem disaster year of 2014 and the Dem sweep year of 2020, the range of outcomes was at least four points. In four of the eight years, the range was at least five points. Beverly Kaufmann was a trusted long-serving name brand in 2006, the last year she ran for re-election. Adrian Garcia destroyed scandal-plagued incumbent Sheriff Tommy Thomas in 2008, while Ed Emmett rode his performance during Hurricane Ike to a chart-topping Republican vote total. (There was a Libertarian candidate in the Tax Assessor race that year, so the percentages for Paul Bettencourt and Diane Trautman were lower than they would have been otherwise.) Emmett continued to overperform in subsequent years, though it wasn’t quite enough for him in the 2018 blue landslide. The late Mike Anderson got to run against the idiot Lloyd Oliver in the 2012 DA race; four years later Kim Ogg won in a second try against Devon Anderson after her office imploded. Candidates and circumstances do matter in these races in a way that they don’t quite do in judicial races.

I find it fascinating that the At Large HCDE Trustees are consistent top performers for Dems, year in and year out. Note that this remained the case in 2020, following the abolition of straight ticket voting. The Republicans have run some lousy candidates in those races – their precinct HCDE trustee candidates have generally been stronger – but I doubt that accounts for too much. Honestly, I’d probably chalk that up to the Democratic brand, especially given that it says “Education” right there in the position’s name.

Minus the outliers, and I will have one more post in this series to take a closer look at them, the ranges for the county executive office candidates are basically in line with those of the judicial candidates, and as such are usually ahead of the statewides. As with the judicial candidates, there were mixed results in the close years of 2008 and 2012, and sweeps one way or the other otherwise. While the potential is there for an exceptional result – which in the context of statewide candidates still carrying Harris County means “a Democrat unexpectedly losing” – the conditions to avoid that are clear. If Beto is getting to 54% or better, I’ll be surprised if it’s not another Dem sweep.

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SOS inserts itself

It’s the damn fraudit again.

The Texas secretary of state’s office on Tuesday warned Harris County officials it still is missing information about the chain of custody for certain election materials in its ongoing audit of the 2020 election.

In a letter delivered days before the start of early voting in the November midterm, Chad Ennis, director of the secretary of state’s Forensic Audit Division, urged Harris County Elections Administrator Clifford Tatum to continue cooperating with the audit, as the records provided by the county so far “still leave many questions unanswered.”

“Given that early voting for the November 2022 election begins in a matter of days, there is an immediate need for us to inform you of our preliminary findings,” Ennis stated in the letter.

Accompanying the letter was a list of 14 polling locations for which the secretary of state’s office said it needs additional documentation, including NRG Arena, Toyota Center, Trini Mendenhall Community Center and Kingwood Community Center.

The office also cited one polling location where it said 401 more ballots were tabulated than expected when compared to the poll book and the number of provisional ballots cast.

[…]

Sam Taylor, a spokesman for the secretary of state’s office, said the office sends inspectors to Harris County for every election, along with many others “if we receive requests to do so or if we determine inspectors are needed.”

“For example, we will have staff from our office on hand in Gillespie County this year because we had to train employees from their county clerk’s office after the entire Election Administration office resigned in August,” Taylor said in an email. “Most of our agency’s inspectors are former county election officials themselves, so they have the ability to catch mistakes before they happen and make sure proper chain-of-custody protocols and Texas Election Code laws are followed.”

Harris County Judge Lina Hidalgo issued a statement in response to the secretary of state’s letter: “The County Attorney and our Elections Administrator are taking a close look at the allegations made in the letter and will respond as legally required and appropriate, but all indications are that the allegations are unremarkable.”

According to the letter, the Attorney General’s office also will dispatch a task force to Harris County that will be “available at all times during the election period in order to immediately respond to any legal issues identified by Secretary of State, inspectors, poll watchers, or voters.”

It was not immediately clear if the task force was a first-time initiative for this year’s midterm election. The Attorney General’s Office did not immediately respond to a request for comment.

Christina Beeler, a voting rights staff attorney with the Texas Civil Rights Project, called the letter an intimidation tactic.

“The AG’s office and the secretary of state are trying to intimidate election officials, election workers and voters in Harris County,” Beeler said. “We have no reason to trust that the secretary of state or the attorney general are acting in good faith. They support election deniers and spread lies and misinformation about the election themselves.”

Beeler questioned the attorney general office’s decision to send a task force to Harris County, particularly in an election cycle when Attorney General Ken Paxton is running for reelection.

“The only county that we are aware of that the AG’s office is targeting is Harris County,” Beeler said. “The AG’s office saying that they are going to send in the AG’s own staff members to police an election in which he’s on the ballot creates an obvious conflict of interest.”

You can see the letter here. A more detailed response from the Texas Civil Rights Project is here. I’m not going to get bogged down in the details here. There’s still no reason to trust the SOS. This matter could have been handled weeks, if not months ago, if indeed there is something that needs such a formality. And good Lord, inviting Ken Paxton to “dispatch a task force” is inviting the Big Bad Wolf to use a wrecking ball on the third pig’s brick house. Even if he himself wasn’t in an election that he could lose, he’d be far too conflicted to be allowed anywhere near this process. This is a bunch of hot garbage and should not be dignified with anything more than that as a response.

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Endorsement watch: Four from the appellate courts

The Chron knocks out its appellate court endorsements in one piece.

Justice Julie Countiss

1st Court of Appeals, Chief Justice: Julie Countiss

The current chief justice of the 1st Court of Appeals, who is stepping down, is Sherry Radack, a Republican who has served on the court since 2002. (Former Harris County Commissioner Steve Radack is her husband.)

Voters are choosing between qualified candidates from each major party as well as a seasoned independent vying to take on the role of administering the court. We believe Justice Julie Countiss, who serves on this court now, has the edge because Radack has begun showing her the ropes of being the court’s administrator.

Elected in 2018 as part of the Democratic sweep, Countiss, 51, has two more years left in her term. If she wins this election, the Texas governor would appoint a replacement for her current place on a court that currently has seven Democrats and two Republicans. Prior to becoming a justice, Countiss was a lawyer with the Harris County Attorney’s Office and focused on ridding the county of illicit, dangerous businesses. With four years appellate experience now, Countiss praised the collegial culture of the court under Radack’s leadership and said she seeks to continue it.

[…]

1st Court of Appeals, Place 4: April Farris

Justice April Farris, 37, was appointed to the 1st Court of Appeals by Abbott in 2021. A Republican, she graduated from Abilene Christian University and Harvard Law School, and clerked on the U.S. 5th Circuit Court of Appeals, known as one of the most conservative in the country, for Judge Jennifer Walker Elrod. As an appellate lawyer for a private firm she represented large companies including ExxonMobil and Uber. Farris then worked for the Texas Solicitor General’s Office representing the state. Her experience includes both civil and criminal cases. She is well-regarded on a court with seven Democrats, and her conservative background likely adds rigor to the court’s process.

Judge Mike Engelhart, 52, is a Democrat and has presided over the 151st Civil District Court in Harris County since 2008. He argues that the 1st Court of Appeals needs more justices with experience serving as a trial court judge. He was the civil administrative judge when Hurricane Harvey hit and helped the criminal-court judges when their building was damaged by the storm, managing the compromises and accommodations to host 23 additional courts.

[…]

14th Court of Appeals, Place 2: Cheri Thomas

The Republican incumbent, Justice Kevin Jewell, said he is the first to arrive at the courthouse in the mornings. Not only does he move through his cases with efficiency, he credits his leadership with making the court as a whole more timely. He helped implement a policy change that rewards staff attorneys with bonuses based on productivity. When the district courts are struggling with a massive backlog of cases, we like to hear about hardworking judges and efficient dockets. Appeals courts, however, are more deliberative than the trial courts.

We are concerned that the 14th Court of Appeals is known for fractiousness, not collegiality. That’s in contrast to the 1st Court of Appeals where candidates and others familiar with it told us that justices get along well across party lines. Should that be important to voters? After all, wouldn’t lively debate make for a better court? Cases are initially heard by panels of three justices who attempt to come to a consensus. There are split votes, and sometimes a case is heard by all the justices. A good process involves both debate as well as consensus building.

The Democratic challenger, Cheri Thomas, 42, said she was the first in her family to attend college. In 2020, the board recommended Thomas in a primary runoff for Place 7 of this court for her “solid reputation among other lawyers” and the experience she had as staff attorney for this court of appeals. Thomas is an honors graduate of the University of Texas School of Law and a former clerk for U.S. District Judge Jorge Solis. She worked in civil litigation for Baker Botts and the Stuart law firm, where she became a partner. Thomas worked as an appellate attorney at the Texas Workforce Commission.

[…]

14th Court of Appeals, Place 9: Randy Wilson

The challenger in this race, Democrat William Demond, 45, earned an enthusiastic endorsement from the board during the primary earlier this year. As an attorney, he has helped establish constitutional rights twice in cases before the 5th Circuit. One of them established a right to film police officers. He’s been inducted in the Texas Lawyer’s Verdicts Hall of Fame. Demond was appointed by a federal judge to represent Harris County inmates in cases concerning their conditions of confinement during the COVID pandemic.

Justice Randy Wilson, 70, was appointed a state district civil court judge in Harris County in 2003 and served as a Republican for roughly 16 years. Wilson was highly respected. Despite our urging against straight-ticket voting in 2018, he was swept out with other Republican judges. Our feelings haven’t changed. Wilson is still a straight-shooter and knows the law and has the respect of the lawyers who argue before him. He was appointed to the 14th Court of Appeals by Abbott in December 2020.

I have Q&As with Julie Countiss, Mike Engelhart, and from the primaries Cheri Thomas; I also have one with Ted Wood. The Chron doesn’t have anything bad to say about any of the candidates, which won’t stop the usual complaints about partisan judicial elections if Democrats sweep (somehow, those same complaints weren’t coming up when Republicans were winning all these races). I personally see “clerked for Jennifer Elrod” as a huge red flag, since she was out there trying her best to overrule Roe v Wade before SCOTUS got around to it. The reason why the Fifth Circuit is viewed as “one of the most conservative courts” in the country (which is both a misstatement and an understatement, but is generally the formulation we get) is precisely because of radicals like Jennifer Elrod. That doesn’t mean that one of her former clerks can’t be a decent judge, but the burden of proof for that is very much on them. They get no benefit of the doubt from me.

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State and county election result relationships, part 2: Judicial races

In Part One of this series, we looked at the relationship between statewide results and Harris County results for statewide candidates. In the last three elections, statewide Democratic candidates have done on average more than nine points better in Harris County than they did overall. In the next two posts, we’re going to look at the county candidates, to see how those results compare to the statewides and what if anything we can infer about this year.

Two things should be noted up front, one of which I touched on in the previous post. First, nearly all of the statewide races have at least one third party candidate in them, and in those races the third party candidate(s) can take three to five percent of the total vote. That has the effect of lowering the percentages of both D and R candidates in those races. County candidates, on the other hand, rarely face a third or fourth contestant. In county judicial races, third party candidates are unheard of. Because of this, county Democratic candidates tend to do better than statewide Democratic candidates.

It is also the case, as noted before, that there have been a lot of, shall we say, less than compelling statewide Democratic candidates. They lack money and name recognition and that in turn helps contribute to the vote totals that the third party contenders get, where that effect tends to be greater in the lower-profile races. Harris County candidates aren’t always the highest profile, but I believe the local organizing efforts have helped them outperform the less well-known statewide candidates. All of this comes wrapped in the usual “in general, with some exceptions, some years are different than others” qualifiers. I’m just setting the table.

With all that, I will present the numbers for judicial races. I’m starting this time in 2006 – like I said, the 2002 election is just not relevant to anything anymore, and the 2004 election was marked with a large number of uncontested races.


2006          2008          2010          2012
Havg  42.90   Havg  50.62   Havg  43.46   Havg  48.59
Jmin  46.90   Jmin  48.58   Jmin  42.57   Jmin  48.19
Jmax  50.12   Jmax  52.48   Jmax  45.70   Jmax  51.38
Drop   1.09   Drop   2.93   Drop   7.66   Drop   1.20

2014          2016          2018          2020
Havg  44.76   Havg  49.80   Havg  55.25   Havg  53.83
Jmin  43.64   Jmin  50.93   Jmin  53.83   Jmin  52.56
Jmax  47.16   Jmax  54.11   Jmax  57.16   Jmax  55.51
Drop   3.44   Drop   3.02   Drop   4.15   Drop   3.40

“Havg” is the average percentage by Democratic statewide candidates for that year – you can go back and look at the first post for the list, I didn’t want to overwhelm this post with numbers. “Jmin” and “Jmax” are the lowest and highest percentages achieved by non-statewide Democratic judicial candidates that year. In other words, for the county, district, and appellate (1st and 14th Circuit) courts. “Drop” is the difference between the highest scoring statewide candidate and the lowest scoring local judicial candidate.

I have used average vote totals among judicial candidates in years past as a simple measure of partisanship in the county. I’m using percentages here because I want a quick visual representation of winning and losing. I am using the range here rather than an average because I want to figure out at what level of statewide performance am I comfortable saying that all local countywide Dems are likely to win, and at what level do I think some, most, or all may lose. I think this conveys the information I wanted to get across in a fairly straightforward manner.

The first thing to notice is that consistently there is a three to four point range between the top-performing Democratic judicial candidate and the low performer. I’ve studied this for years and have no idea why. I can’t see any obvious correlation to candidates’ gender, race, position on the ballot, endorsements, anything. It’s just random, as far as I can tell. The point is, there is a range. Conditions need to be such that the top candidates are at 54% or higher for the bottom ones to win. Maybe 53% is enough – you will note that the range was tighter in 2020 than in previous years, and it’s a hair less than three percentage points. But really, for me to feel comfortable, I’d want the toppers at 54%.

You may also notice, as I mentioned above, that the local judicial candidates tend to outperform the statewide candidates. 2016 is a stark example of this, as more than half of the statewides finished below fifty percent, though all of them ended up carrying the county. Yet all of the judicial candidates won easily, with the low judicial performer outdoing all of the statewides except Hillary Clinton. In 2018, a much stronger year for Dems, the bottom scorer among judicial candidates still did better than the Dem candidates for Governor, Comptroller, Land Commissioner, and Railroad Commissioner. Nearly all judicial Democrats won in 2008, while more than half of them won in the weaker year of 2012. My expectation is that even in a mediocre year like 2012, at least some Dems would make it across the finish line. It would take a bad year to sink them all. I just don’t see that happening.

You might look at the 2010 numbers, and maybe even the 2018 numbers, and worry that if the top of the ticket is defined by a real outlier, the gap between that candidate and the bottom rung of the judicial ladder could be too far apart. I absolutely do not expect a “Bill White in 2010” scenario, where someone gets at least six points more than any other statewide Dem. Beto in 2018 was barely one point ahead of Justin Nelson, and less than two points ahead of four other candidates. Two judicial candidates came even closer to Beto’s performance than Nelson did. It’s my opinion that if there’s a significant gap between the top and bottom of the statewide ticket, it’s because the one(s) at the bottom tanked, not because the top dog was so dominant. Bill White was a unicorn. The closest analog to him is Adrian Garcia in 2008, and he was running against a thoroughly scandal-plagued incumbent.

How much of an effect is there with the lack of straight ticket voting? It’s a little hard to say since we just have the one election to analyze, but my view in 2020 was that a lot of people did a fine job of voting all the way down the ballot. I expect that to be largely true this year as well. When the numbers are in, I’ll look at them and see if there’s a reason to change my mind.

To me, the main concern is that the statewide Dems will not do as well as the current polling suggests they might. We need the base level to be sufficiently high, that’s pretty much the ballgame. There is also a range in the county executive office elections, and there have been a couple of outliers over the years – I’ll be examining those phenomena in future posts – and every year is different. My bottom line remains that if the baseline at the state candidate level is 53-54% for Harris County, it will be another sweep year. I think the statewides will perform more like the locals this year, as they are overall better and better-funded than most other years. If we get a decent poll of Harris County, I’ll review and if needed revise my thinking. Until then, this is where I am.

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Judicial Q&A: Judge Josh Hill

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. This year it’s mostly incumbents running for re-election, so it’s an opportunity to hear that talk about what they have accomplished. I am running these responses in the order that I receive them from the candidates. For more information about these and other Democratic candidates, including links to interviews and Q&As from the primary and runoff, see the Erik Manning spreadsheet.)

Judge Josh Hill

1. Who are you and in which court do you preside?

I am Josh Hill, current judge of the 232nd District Court.

2. What kind of cases does this court hear?

This court exclusively hears felony criminal cases, ranging from drug possession all the way to capital murder.

3. What have been your main accomplishments during your time on this bench?

I have worked incredibly hard to make important changes to the Harris County criminal justice system.  As chair of the Fair Defense Act committee, I lead the way in making changes to our court appointed counsel system in order to improve indigent defense.  I also volunteer as a STAR drug court judge, working with probationers and a team of professionals to help the clients achieve and maintain sobriety, repair relationships with their loved ones, and turn their lives around. At the beginning of and throughout the pandemic, I worked hard to make sure that the 232 nd District Court was open and available to everyone remotely, even when the courthouse itself was closed.

I'm proud of my ability to treat the work of the 232nd District Court with the serious attention it deserves while giving serious consideration to the impacts of my decisions. My decisions have all been based on the facts presented to me and the applicable law, and as such, not a single one of my legal rulings has been overturned by an appellate court.

4. What do you hope to accomplish in your courtroom going forward?

If elected for a second term, I will continue making the improvements I began in my first term. Now that COVID appears to be mostly behind us, I will be in trial significantly more often, as I was my first year in office before the pandemic. I will also continue to expand my knowledge in all areas of criminal law. Each time the Houston Bar Association has rated judges during my tenure, my rating has been near the top of all criminal judges. If re-elected, I will continue asking for and listening to feedback of lawyers for both sides, court staff, and others to maintain this distinction and to improve my policies and rulings.

In addition, in light of the abundance of misinformation being presented as fact, (for example, bail reform has not happened at the felony level in Harris County, Texas, despite what is being reported to the contrary), I plan on taking a more active role in providing educational material and discussions about the criminal justice system so that the public can maintain their confidence in the judiciary and better understand the powers and limitations of each participant involved in criminal litigation.

5. Why is this race important?

This race is incredibly important because the consequences of everything that happens in the criminal justice system are extreme and permanent. Victims of crime must have their voices heard and their concerns addressed. Those accused of crimes must have their Constitutional rights protected. The decisions made by a criminal District Court judge can result in loss of liberty, lifetime confinement in prison, victims feeling immeasurable fear, or someone being given a second chance to succeed at life. The public should expect a criminal District Court judge to be an expert in criminal law: the judge must have thorough knowledge and understanding of the laws that apply to criminal litigation, and should not begin learning after being elected. As a prosecutor, I spoke with countless victims of violent crime and served as their advocate before a judge or jury. This experience gave me an immeasurable amount of empathy for the needs, fears, and experiences of those who are re-victimized as they are dragged into the criminal justice system as unwilling participants, forced to re-live their worst moments.

As a criminal defense lawyer, I protected the constitutional rights of my clients and fought hard within the bounds of the law and ethics so that they could have the best possible chance at the appropriate outcome. This experience helped me understand the difference between the person and their actions and taught me that there are often shades of gray in our criminal justice system.

6. Why should people vote for you in November?

I have dedicated my entire legal career exclusively to criminal law. I was an Assistant District Attorney with the Harris County District Attorney’s Office before becoming a criminal defense lawyer, which gives me meaningful experience on both sides of criminal litigation. My opponent’s criminal law experience is limited to only one side and is only a fraction of his legal work. I have successfully handled criminal matters at both the trial and post conviction levels, and I have done so as both a prosecutor and as a defense attorney. My post conviction work helped me learn what judges did correctly and incorrectly, as this line of work is commonly referred to as “grading judges’ papers.” I am 1 of only 2 current District Court judges who is board certified in criminal law by the Texas Board of Legal Specialization. An improper ruling in a trial from a judge who is inexperienced in criminal law can result in catastrophic consequences, including the innocent being imprisoned and the guilty going free. My opponent has only represented 25 individuals in 36 different cases in the Harris County criminal courts in the entirety of his legal career, none of which went to trial. To put this caseload in perspective, my opponent’s entire Harris County criminal law experience was a caseload that I’d handle in a single day as a prosecutor or in a week or two as a defense lawyer. The citizens of Harris County deserve a criminal District Court judge with meaningful criminal law experience and who thoroughly understands the intricacies of the law relevant to the specific bench. A criminal District Court judge’s main purpose is to maintain the integrity of the system, which is only possible with meaningful relevant experience.

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Endorsement watch: It’s Beto, and very much not Abbott

The Chron endorses Beto O’Rourke for Governor by taking Greg Abbott to the woodshed.

Beto O’Rourke

Not many years ago, a newly elected Texas governor told cheering supporters, “You voted for hope over fear, for unity over division, for the majesty of what Texas is and what it can be. As Texans, the bonds we share transcend our differences.”

The fact that it’s almost impossible today to imagine Gov. Greg Abbott sincerely repeating the words he uttered on that November night in 2014 reflects what his Democratic challenger calls “the darkness that has descended on Texas.”

None of us who loves this state — its beauty, vastness, and lore, its drive and potential, its diversity of people and sense of place, its swagger and audacity — wants to see it descend into something siloed, cynical and small.

Yet, in the eight years that Abbott has occupied the office of governor, his fellow Texans have watched him transmogrify from a shrewd yet reasonable statesman into a rigid and reflexively ideological politician as he accommodates the Republican Party’s inexorable lurch to the far-right fringes. We have watched him grow more sneeringly dismissive of his political opponents in the Legislature and more domineering in his attempts to dictate the local of affairs of the state’s increasingly blue urban areas. He’s become more beholden to former President Donald Trump’s hopelessly beguiled MAGA faithful.

We’ve watched an erstwhile moderate Republican, a politician in the Reagan-Bush mold (we thought), with an inspiring personal story of overcoming a tragic injury to ascend to the highest office in Texas government, expend more time and energy concocting political stunts and signing on to cultural-issue antagonisms rather than taking seriously the challenges that affect the state as a whole. In conjunction with his GOP cohorts, Lt. Gov. Dan Patrick and disgraced Attorney General Ken Paxton, Abbott’s disdainful approach to governance has come to epitomize the Ugly Texan. No wonder some of our fellow Americans encourage us to follow through on our absurd threats of secession.

A statewide officeholder since 1996, Abbott is asking Texas voters to keep him in office another four years. The question is, why? What, for the good of Texas, does he hope to accomplish in another term that he hasn’t accomplished in the previous two?

We can think of two reasons why he’s running, both self-serving: One, he’s eager to continue his bow to entrenched political power in this state. He’s happy to serve the deep-well source of his campaign largesse and content to exercise power for power’s sake. Two, he’s positioning himself — like his Florida counterpart — to run for president if Trump doesn’t.

Now that voters have a credible choice in Democratic challenger Beto O’Rourke, we implore them to set aside party allegiance and assess the governor on his actual performance. They need to remember shivering, for example, when under Abbott’s watch Winter Storm Uri in 2021 caused more damage to an ill-prepared Texas than any other state. Several hundred of our fellow Texans died; thousands suffered through days without water and power. Businesses were shuttered. In Uri’s aftermath, Abbott did the barest minimum, if that, to ensure energy reliability in the future.

I’ve read through the endorsement twice, and that one mention in the last paragraph above is the only time you see Beto’s name. The rest is a long list of grievances about Abbott’s many sins and transgressions and incompetence and indifference. To be sure, there’s so much to be said along those lines, but I couldn’t help but be struck by the difference between this endorsement and that of Mike Collier, in which at least as much could have been said about Dan Patrick but the Chron chose to focus on Collier instead. Maybe that was a tactical decision – voters needed to know more about Abbott and about Collier in order to get it right, while both Beto and Patrick are sufficiently well-known that their bona fides could be assumed. I think we know by now that the Chron’s operational logic in these matters is unknowable, so I’ll leave the speculating here. Whatever the case, they got it right and they laid out a strong set of reasons. And among those, I will note, is yet another lamentation about a Republican who turned out to be a lot more of a radical partisan and less of a moderate leader who cared about The People than they had hoped. I sure wonder why they keep making that mistake. It’s like they don’t know their own history.

Anyway. The Chron also endorsed four State House candidates, Democratic incumbents Hubert Vo (HD149) and Penny Morales Shaw (HD148), Republican incumbent Dennis Paul (HD129), and Republican candidate Mano DeAyala, who is running for the open HD133. I’ve not been keeping close track of which races they still have to do, but I don’t think they’ve touched the State Senate yet, and there are still some statewide races as well as civil and county courts. They’ll be busy for at least another week, I figure.

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Texas blog roundup for the week of October 17

The Texas Progressive Alliance has three cheers for a jury in Connecticut along with its weekly roundup.

Continue reading

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Interview with Commissioner Adrian Garcia

Adrian Garcia

I’m going to guess you’re probably familiar with Adrian Garcia, who is serving his first term as Harris County Commissioner in Precinct 2. He served three terms as Houston City Council member in District H, with his first election in 2003. He was then elected Sheriff, by a large margin, in 2008 and served until 2015 when he made an unsuccessful run for Mayor. After an unsuccessful primary challenge to US Rep. Gene Green in 2016, he returned to county politics by knocking off two-term Commissioner Jack Morman in 2018. He’s facing Morman again and he’s had himself a busy term on Commissioner’s Court. I could have talked to him for a lot longer than I did – there’s just so much to cover – but I did my best to hit the highlights. You can listen to it all here:

PREVIOUSLY:

All interviews and Q&As through the primary runoffs
Rochelle Garza – Attorney General
Susan Hays – Ag Commissioner
Luke Warford – Railroad Commissioner
Michelle Palmer – SBOE6
Chuck Crews – HD128
Cam Campbell – HD132
Stephanie Morales – HD138
Robin Fulford – CD02
Laura Jones – CD08
Teneshia Hudspeth – Harris County Clerk
Amy Hinojosa – HCDE Trustee, Precinct 2
Andrea Duhon – HCDE Trustee, Precinct 4

As always, everything you could want to know about the Democratic candidates can be found at the Erik Manning spreadsheet.

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Judicial Q&A: Judge Beau Miller

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. This year it’s mostly incumbents running for re-election, so it’s an opportunity to hear that talk about what they have accomplished. I am running these responses in the order that I receive them from the candidates. For more information about these and other Democratic candidates, including links to interviews and Q&As from the primary and runoff, see the Erik Manning spreadsheet.)

Judge Beau Miller

1. Who are you and in which court do you preside?

My name is Beau Miller and I am seeking re-election as the Judge of the 190th Judicial (Civil) District Court.

2. What kind of cases does this court hear?

A civil district court hears, among other things, matters involving constitutional questions, business disputes, land disputes, personal injury claims, and expunctions.

3. What have been your main accomplishments during your time on this bench?

During the Pandemic, I was the first judge in Harris County to preside over a Zoom bench trial during the COVID-19 pandemic, and the first judge in Harris County to preside over the first in-person jury trial during COVID-19.

In addition, I was responsible for producing the District Court of Harris County’s COVID-19 in-person jury trial information campaign which consisted of a website, www.HarrisCountyJuryService.com, pamphlet, and video highlighting the safety procedures and protocols in place for in-person jury trials in Harris County.

While on the bench, I have served as Chair of the Harris County District Courts’ Civil Trial Division’s Ethics and Continuing Legal Education Committee in 2020 and 2021 as well Co-Chair of the Houston Bar Association’s 2021-2022 LGBTQ+ Committee for which I received the Houston Bar Association’s President’s Award.

Currently, I am the Administrative Judge for the Harris County District Courts’ Civil Trial Division, Co-Chair of the Houston Bar Association’s 2022-2023 Civil/Appellate Bench Bar Conference Committee, and Co-Chair of the Houston Bar Association’s 2022-2023 LGBTQ+ Committee. In addition to my own docket, I am the Pretrial Judge of the Multidistrict Litigation In re July 27 Chemical Release Litigation and In re Channelview Flooding Litigation.

4. What do you hope to accomplish in your courtroom going forward?

My goal over the next four years is to continue to work hard to get cases resolved timely, fairly, efficiently, and effectively all the while treating everyone with respect who participates in our legal process.

5. Why is this race important?

As you might expect, judges have great power in how cases move through our judicial process. Without the right person on the bench, a case or dispute important to you or to someone you know may not get resolved as fairly and efficiently as it should. That could needlessly delay justice and increase costs and fees.

6. Why should people vote for you in November?

Over the last four years, I have a proven track record of treating everyone with respect and disposing the cases in my court fairly and efficiently. Before I took the bench in 2019, it took about 4-6 weeks for a case to get a hearing on any motion in 190th Civil District Court and the court had the average number of total cases across the entire civil trial division (24 civil courts). In my first month on the bench, we worked very hard to reduce the time to get a hearing to 2-3 weeks, which is still the case. And over the last three years, even despite the pandemic, the 190th now has one of the lowest case inventories across the entire division. If re-elected, I will keep working hard for our broader Houston community to be even more efficient while continuing to ensure everyone is treated fairly and with respect.

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State Bar complaint against Ted Cruz was dismissed

This story ran a few days ago.

Not Ted Cruz

A lawyer group that brought ethics complaints against Trump attorneys is trying to make it tougher for lawyers to use the legal system to overturn elections.

The group, called the 65 Project, aims to change bar rules of professional conduct in 50 states and the District of Columbia to eliminate “fraudulent and malicious lawsuits” against fair election results.

“Lawyers purport to be self-regulatory and special stewards of the rule of law,” Paul Rosenzweig, a group advisory board member, told reporters Wednesday. “They failed in that responsibility” with the 2020 election.

The effort is a new front in the group’s self-described battle to protect democracy from abuse of the legal system. 65 Project has already filed 55 state bar ethics complaints against lawyers for former President Donald Trump over their efforts to overturn the results of the 2020 election.

The group’s targets have included former Foley & Lardner partner Cleta Mitchell, Sen. Ted Cruz (R-Texas) and lawyers Joseph diGenova and Boris Epshteyn.

Part of 65 Project’s new effort includes proposing rules to prevent attorneys in public office from violating attorney standards by amplifying false statements about elections.

The group is focusing initially on about a dozen states, including Ohio, Wisconsin, Texas, and Pennsylvania, and DC, said Michael Teter, a former Utah assistant attorney general who is Project 65’s managing director.

See here for the background. The Bloomberg Law story says that all of the 65 Project’s complaints are active, but that is not accurate. According to the DMN, which I was able to quickly peruse before the paywall came up, the complaint was dismissed by the State Bar of Texas on June 13, a few weeks after it was filed. The reason, as noted in the sub-head of the story, is that the State Bar said they lacked oversight since Cruz was acting as a Senator and not a lawyer; their dismissal letter didn’t address the merits of the complaint. A minor consolation, that. We are still waiting for a ruling in the complaint against Ken Paxton; a ruling by a different judge in the case against Paxton deputy Brent Webster does not bode well for the complainants, but I suppose it’s not over till it’s over. There’s still a possible appeal of that ruling, which as far as I know has not yet been filed. I fear all of them will get away with it, which is too depressing to contemplate. We’ll know soon enough.

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Endorsement watch: A smattering

The Chron endorses Stephanie Morales, the Democratic challenger in HD138.

Stephanie Morales

Stephanie Morales began her interview with the editorial board with a story about children who wind up in the care of Child Protective Services, fleeing harsh conditions at home only to find themselves sleeping in somebody’s office because the agency is so strapped for resources. Such are the heartbreaking realities that motivated her to run for the Texas House.

“I knew that there was a need,” she told us. “This is the perfect place for me to run where I can actually make a difference, because we need someone who has been boots-on-the-ground, actually representing kids and parents to truly change the system.”

Morales is a Texas A&M and South Texas College of Law-educated criminal defense lawyer whose cases often involve parents and juveniles in the CPS system. In her meeting with us, she talked at length about the “unintended consequences” of recent legislation meant to improve how the agency works. She displayed an expertise that would benefit the Legislature, and her constituents. She wants to add funding for more trauma-informed courts like the ones in use in Harris County, and to build and fund a halfway-house program for people who age out of the foster care system.

Morales, 33, is running for House District 138, which covers Jersey Village, Spring Branch and other parts of west Harris County. She argues that she’ll be more civically engaged, particularly with supporting children’s needs, than Republican incumbent Lacey Hull. “This district needs someone who will really advocate for them and wrangle resources that we need here,” she said.

She told us that her legislative priorities also would include bolstering protections against flooding, passing whatever “commonsense” gun-safety laws might be possible, improving the credit-recapture system in Texas schools and increasing teacher pay.

Hull was another Republican who didn’t bother to screen with them, and the Chron rightly dings her for her anti-trans activism. This is as noted one of the few competitive State House districts in the area, likely the only one in Harris County that has a chance of flipping. I’ll be very interested to see how it performs in comparison to 2020. You can listen to my interview with Stephanie Morales, who is indeed a strong candidate and would make a fine legislator, here.

Elsewhere, the Chron endorses three Republican Supreme Court incumbents, two Republican CCA incumbents, the Libertarian candidate in CD22, as the Republican incumbent is an insurrection-loving MAGA-head and the Democratic candidate appears to be an apparition, State Rep. Jon Rosenthal, now in a much bluer district, US Rep. Sylvia Garcia, and a bunch of Criminal District Court nominees, slightly more than half of whom are Dem incumbents. They still have a ton of races to get to, and as has been the case in a number of elections they will have to do many of them after voting has begun.

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State and county election result relationships, part 1: How Harris compares

I’ve been thinking a lot lately about the relationship between how statewide Democratic candidates do in Harris County versus how they do overall, and what that might tell us about the state of play in Harris County. Since I started blogging in 2002, Harris has gone from all red to a bluish purple or still red depending on what year it was to all blue. I get the sense a lot of folks don’t know how to contextualize this. The trends are clear, but we’ve only had three actual all-blue elections, and only one of them was in a non-Presidential year. We’ve had precious little polling in Harris County, none of which I’d consider useful or reliable. So if all we have is statewide polling, what if anything can that tell us?

In this post, I’m going to go through the numbers at the statewide and Harris County level and see what that can tell us. Let’s begin with the first three elections since I began blogging.


2002                   2004                   2006
State  Harris   Diff   State  Harris   Diff   State  Harris   Diff
43.33   45.99   2.66   38.22   44.56   6.34   36.04   41.26   5.22
39.96   43.22   3.26   40.94   44.56   3.62   29.79   34.46   4.67
46.03   46.92   0.89   40.77   45.56   4.79   37.45   41.69   4.24
41.08   43.06   1.98   42.14   46.73   4.59   37.23   40.69   3.46
32.92   36.32   3.40                          37.01   41.85   4.84
41.48   43.02   1.54                          40.96   44.13   3.17
37.82   41.59   3.77                          41.79   45.14   3.35
41.49   42.38   0.89                          41.73   44.81   3.08
40.51   43.39   2.88                          44.89   47.99   3.10
41.54   44.42   2.88                          43.35   47.02   3.67
41.89   44.05   2.16								
43.24   45.48   2.24								
45.90   50.14   4.24								
39.15   42.61   3.46								
42.61   45.14   2.53								
40.01   43.32   3.31								
										
Min   0.89             Min   3.62             Min   3.08
Max   4.24             Max   6.34             Max   5.22
Avg   2.63             Avg   4.84             Avg   3.88

The first number for each year represents the statewide percentage for each Democratic candidate. The numbers are in the order that the candidates appear on the ballot, so for a Presidential year you get President, then Senate if there was a Senate race (there was not in 2004), then Railroad Commissioner because there’s always an RRC race, then the Supreme Court and Court of Criminal Appeals races. I only reported the races that included a Democratic candidate, so this will vary from year to year. For non-Presidential years it will be Senate if there is such a race (there were in 2002 and 2006), then Governor and the state executive offices, and SCOTx and the CCA. Again, only the races with Dems so there will be variation.

The second column is the Harris County percentage for that candidate, and the third column is the difference between the two. So, for 2002, that first row is Ron Kirk’s statewide and Harris County percentages, and the fact that he did 2.66 points better in Harris. In 2004, that first row is for John Kerry, and in 2006 it’s for Barbara Radnofsky, with the second row being Chris Bell in that weird four-way gubernatorial race.

With me so far? The section at the bottom is a simple summary. It shows the minimum, maximum, and average differences between the statewide and Harris County percentages. In all cases, the Dem candidate did better in Harris than overall, though in 2002 that wasn’t very much. For Lt. Gov. candidate John Sharp and RRC candidate Sherry Boyles, it was less than a point. (If you’re wondering who it was that carried Harris County in 2002, it was CCA candidate Margaret Mirabal.) It begins to grow in 2004 but takes a step back in 2006, and in either case still isn’t very much.

I almost didn’t go all the way back to 2002 because that election was so wildly different from this one it’s like visiting another planet to look at its results. In the end I think it was useful to include all of these elections to show what conditions used to be like. If nothing else, these three years provide a nice bit of contrast to the next four election years.


2008                   2010                   2012                   2014
State  Harris   Diff   State  Harris   Diff   State  Harris   Diff   State  Harris   Diff
43.68   50.45   6.77   42.30   50.23   7.93   41.38   49.39   8.01   34.36   42.10   7.74
42.84   50.71   7.87   34.83   42.13   7.30   40.62   48.03   7.41   38.90   47.08   8.18
44.35   50.02   5.67   33.66   41.00   7.34   39.60   46.89   7.29   38.71   46.85   8.14
43.79   49.14   5.35   35.29   42.32   7.03   41.91   49.21   7.30   38.02   45.82   7.80
45.88   51.34   5.46   35.80   42.86   7.06   41.24   49.41   8.17   37.69   45.80   8.11
44.63   51.51   6.88   36.24   43.59   7.35                          35.32   43.75   8.43
45.53   51.29   5.76   37.26   43.67   6.41                          36.84   43.71   6.87
43.75   50.50   6.75   37.00   44.10   7.10                          37.25   44.16   6.91
                       35.62   41.73   6.11                          36.49   43.64   7.15
                       36.62   42.99   6.37                          37.60   45.54   7.94
                                                                     36.54   43.92   7.38
														
														
Min   5.35             Min   6.11             Min   7.29             Min   6.87
Max   7.87             Max   7.93             Max   8.17             Max   8.43
Avg   6.31             Avg   7.00             Avg   7.64             Avg   7.70

Same setup as before, but you can already see how things are different. For one thing, obviously, we now have Democrats winning Harris County. That was true at the county candidate level as well – we’ll look more closely at that in the future. I believe we have this step up in part because Democrats finally began to get their act together organizationally in 2008. It was a big election nationally of course, with a ton of Democratic activist energy, but that had been the case elsewhere in 2006 as well. It just didn’t translate here, and I would chalk that up to the amount of organization at the county level.

I have long believed that if we had had better organizing in 2006, Dems could have won a couple of judicial races at least. We had one candidate crack 49%; it wouldn’t have taken much. Indeed, Jim Sharp got 50.12% in Harris County in 2006 in his race for an appellate court seat, but as that covered multiple counties he fell short that year. (He went on to win in 2008.) Instead, we got the narrative of Dallas County Dems breaking through and sweeping in 2006, setting up the notion that 2008 would be Harris’ year. Maybe that had a positive effect on the engagement level, I don’t know. I do know that it didn’t have to be so all-or-nothing.

Note that while 2008 was a high point for Dems in this grouping, the boost to candidates in Harris County continued to grow. Even with the disasters of 2010 and 2014 and the slight step-back in 2012, Dems kept performing better in Harris County compared to the state as a whole. Again, I credit better organizing locally and the fact that Harris County was becoming more Democratic relative to the state. The point here is that this gap hasn’t shrunk in bad years for Dems. The trend has been in one direction.

That trend continued through the next two elections before a minor reversal in 2020:


2016                   2018                   2020
State  Harris   Diff   State  Harris   Diff   State  Harris   Diff
43.24   53.95  10.71   48.33   57.98   9.65   46.48   55.96   9.48
38.38   47.35   8.97   42.51   52.11   9.60   43.87   52.90   9.03
38.53   47.96   9.43   46.49   56.07   9.58   43.56   52.90   9.34
41.18   50.78   9.60   47.01   56.90   9.89   44.49   53.16   8.67
39.36   48.28   8.92   43.39   52.74   9.35   44.08   53.49   9.41
40.05   49.86   9.81   43.19   53.71  10.52   44.76   53.76   9.00
40.20   49.53   9.33   46.41   56.68  10.27   44.35   52.97   8.62
40.89   50.72   9.83   43.91   53.25   9.34   45.18   54.45   9.27
                       46.83   56.68   9.85   44.70   54.72  10.02
                       46.29   56.48  10.19   45.47   54.00   8.53
                       46.29   55.18   8.89				
                       45.48   55.62  10.14				
                       45.85   54.90   9.05				
										
										
Min   8.92             Min   8.89             Min   8.53
Max  10.71             Max  10.52             Max  10.02
Avg   9.58	       Avg   9.72             Avg   9.14

Despite several candidates failing to reach fifty percent in 2016, every statewide Dem carried Harris County; there were third party candidates getting about five percent in the judicial races and almost ten points in the RRC race between Wayne Christian and Grady Yarbrough, which accounts for the difference. We’ll get into this later, but it was pretty common for local Dems to outperform statewide Dems in many of these years. I chalk that up to a combination of weak statewide Dems and that strong local organizing along with some pretty good county candidates.

The main takeaway from this is that even statewide candidates with pretty poor overall showings were able to win Harris County by fairly comfortable margins. Look at Lupe Valdez in 2018, the second candidate listed, for a prime example. Valdez got 42.51% statewide in 2018, the lowest showing among Dems, but finished with 52.11% in Harris County. This is the context I think about when I look at statewide polling. If Beto O’Rourke finishes with 44 or 45% statewide, he’s probably going to get 53 or 54 percent in Harris County. A 44-45% finish for Beto statewide implies that he lost by 9-11 points, whereas nearly all of the polls we have seen have had him down between six and eight points.

The flip side is also of interest. There was a poll of Harris County released a few days back by a wingnut former legislator that claimed Lina Hidalgo was losing by four points while Beto was carrying Harris County by only two points. For Beto to be winning Harris by two points – in other words, for him to be getting at most 51% in Harris County – means he’s losing statewide by at least 15 points – 57-42 is the number I’ve had in mind. To say the least, there is no polling evidence to support that.

Now, could the polls be wrong? Could Beto crater? Could this advantage Dems have had in Harris County decline further? Sure, any or all of those things could happen. We saw it decline a bit in 2020. I give some of the credit to that for better Republican organizing, though the loss of straight ticket voting and just the general conditions for 2020 could also be factors. It’s impossible to say if that’s a one-off or the start of a new trend based on the one data point. It would have to be a big step back for it to make me adjust my expectations. At this time, at least, I don’t feel the need to do that. Those things could happen, but that doesn’t mean they’re likely to do so.

So this is where I am, mentally and emotionally right now. I had the chance to talk about this thesis with some folks over the weekend, and none of them looked at me like I was crazy. (They may have just been polite.) I’ve got some more data to present in the next couple of days, and we can see how we all feel at the end of that. But this is where I am. What do you think?

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Judicial Q&A: Pamela Medina

(Note: As I have done in past elections, I am running a series of Q&As for Democratic judicial candidates. This is intended to help introduce the candidates and their experiences to my readers. This year it’s mostly incumbents running for re-election, so it’s an opportunity to hear that talk about what they have accomplished. I am running these responses in the order that I receive them from the candidates. For more information about these and other Democratic candidates, including links to interviews and Q&As from the primary and runoff, see the Erik Manning spreadsheet.)

Pamela Medina

1. Who are you and what are you running for?

My Name is Pamela Medina and I am the only qualified candidate running for Probate Judge Court No. 2 in Harris County. I am a native Houstonian, a graduate of the University of Texas at Austin, and Thurgood Marshall School of Law (cum laude). I will make history as the first minority to serve as a probate judge in Harris County.

2. What kind of cases does this court hear?

The court presides over will probate, heirship and estate administration matters, guardianships, trusts creation and appointments of trustees, and litigation involving the abovementioned legal matters.

3. Why are you running for this particular bench?

I wish to combine my passion and expertise in this area of the law with my passion to serve the citizens of Harris County. I promise to preside over Probate Court No. 2 with a strict adherence to the rule of law, an unbiased approach to the law and the litigants, a fair treatment of the parties, by being prepared on the legal matters before me, by reading the pleadings submitted and the legal precedent related to these legal matters.

The probate court is a special court whereby all citizens will be touched by this court system. The judge serving the people of Harris County on the probate bench must be qualified and be a compassionate person. I hold those qualities and have a proven record of such. As well, the court staff should be afforded a safe and fair work environment, and I embody the characteristics of transparency, open dialogue, warmth, and compassion.

4. What are your qualifications for this job?

I was licensed by the Texas Supreme Court in 2007. I am the current owner of Medina Law Texas, PLLC, a woman and minority owned law firm. The legal services I provide to my clients include estate planning, estate administration, trust drafting for both family and court created trusts, guardianships, probate litigation and general civil litigation. Prior to establishing my law firm, I was a Vice President at Cadence Bank, N.A., in its trusts and estates division. I provided personal trust administration and financial planning to middle to high-net worth individuals and families. I also provided trust administration for trusts created by probate and state district courts after the trust beneficiary was deemed incapacitated; I also served as estate administrator, either by testamentary bequest or by court appointment. I began my legal career as a law clerk with the 269th Civil District Court in Harris County. I drafted legal memoranda, legal research, analysis of statutory law and legal precedent, conferred with the judge to prepare for hearings and worked with the judge during court proceedings. I am State Bar Guardianship Ad Litem Certified. I currently serve on the Houston Bar Association Board and as a Regent at Texas Southern University and past president of the Mexican American Bar Association, as well as many other servant leadership roles in our community.

5. Why is this race important?

Ensuring we elect a judge whose legal practice areas coincide with what comes before this court, is paramount to an effective, efficient and fair judicial process. I am the only candidate on the ballot with legal experience in the areas before this court.

6. Why should people vote for you in November?

My legal expertise, intellect, demeanor and compassion are much needed in the probate court where the parties are often experiencing a difficult life event. The Pamela Medina campaign garnered an unprecedented 65% of the vote county-wide in the Primary Election, and has garnered seventeen (17) endorsements, thus far, two of which are legal organizations. My endorsements include past presidents of a National Bar, the State Bar and the Houston Bar, former judges, and current and former elected officials. I am providing a few of my endorsers’ quotes regarding my qualifications:

Judge Richard Vara “Pamela has the legal experience to be an excellent judge. We need her integrity, fair mindedness, and intelligence.”

Hon. Gracie Saenz (attorney) “Pamela has my vote. She is a professional with experience and great temperament; above all she cares about community. Pamela will make a great judge.”

Ben Hall (attorney) “Pamela is smart, compassionate, and always in the community. She will be a judge that makes us proud we elected her.”

Sarah Patel Pacheco (probate attorney) “Pamela understands the complexities of probate, trusts, and estates, but it is her intellect and compassion that sets her apart.”

Tammy Manning (probate attorney) “Pamela’s legal skills and judicial temperament will ensure parties are given fair treatment.

Posted in Election 2022 | Tagged , , , , | 1 Comment

Republican Commissioners skip the meeting they called

On brand. So very on brand.

The two Republican members of Harris County Commissioners Court have announced they will skip a special meeting Monday to discuss a compromise tax rate proposal by Precinct 2 Commissioner Adrian Garcia, reversing the position they took Friday, potentially ending a month-long impasse that has held up budgetary decisions and become a significant issue in November’s county judge and commissioners races.

On Friday, Precinct 4 Commissioner Jack Cagle said he would attend the meeting if he was assured no vote would take place.

The county attorney’s office confirmed Friday afternoon that the purpose of the meeting is for court members to have a discussion and that no final vote on a tax rate can occur.

By Monday, Cagle’s position had changed.

In a statement, Cagle said, “I have read that Commissioner Adrian Garcia is now calling his most recent tax increase proposal his ‘final offer.’ There can be no good-faith negotiations with someone who announces publicly that he has made his final offer. In addition, Commissioner Tom S. Ramsey has announced that he will not attend Monday’s special session of Commissioners Court. Given Commissioner Garcia’s publicly announced refusal to negotiate in good faith and given the absence of a full quorum of court members in attendance, I will not attend the special session of Commissioners Court scheduled for Monday afternoon.”

Cagle on Friday said he would attend the special meeting hours after Garcia held his news conference in which he called his proposal his final offer.

Precinct 3 Commissioner Tom Ramsey has reversed his decision, as well, according to a statement from his office released on Saturday: “He was hopeful in attending Monday’s special meeting of a ‘discussion’; however, vagueness around the “possible action” in that meeting paired with Tuesday’s meeting details leaves the door open to take other actions relating to the massive tax increase. Commissioner Ramsey is officially rescinding his offer and will not be attending Monday’s meeting.”

See here for the previous entry. I’m sure you can imagine just how shocked, shocked I am at this turn of events. We’re way into the farce zone at this point, so barring an unlikely change of heart on their part it’s time to move on to other political solutions. Let’s get that 4-1 majority and not have to worry about this going forward.

UPDATE: You know what Commissioners Cagle and Ramsey had time for yesterday? A little golf, and some fundraising.

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There’s a wave of hoax school shooting reports around the country

Weird and scary.

When Emmi Conley first heard in September about a rash of hoax calls reporting active shooters in schools, she dismissed it. Conley, an extremism researcher who studies groups and people behind public displays of violence, said she found no indication that these calls were connected to fringe online spaces where these pranks often originate.

But as the number of these reports swelled over time, Conley said she began to discern some very strange patterns — including the possibility that the calls may have come from overseas, and perhaps specifically from Africa.

“The scale and the timeline of the events is highly, highly unusual,” she said. “The calls are consistent. They are coordinated. They are grouped state-by-state and district-by-district, and they’re also sustained. So somebody is putting significant effort to keep these going.”

As Conley began digging further, more questions emerged. Elements of these calls were notably different than what she has typically seen in school-based threats. Nobody has taken credit for these calls, even as they stretched over several weeks, and the technological planning and research behind the calls betrayed a level of sophistication not typically seen.

In a statement, the FBI has said it is aware of the incidents, but has “no information to indicate a specific and credible threat.”

The agency said it is working with law enforcement at every level to investigate the cases. But some news reports, including in Minnesota and Louisiana, have cited local authorities who said the calls may be originating in Africa or, specifically, Ethiopia. The FBI would not comment on this detail.

For Conley, particulars around these calls suggest that the people or person behind them are, indeed, overseas.

“Our big questions now are whose attention are they after?” she said. “Is it the public? Law enforcement? Media? Something else? And why they’re after it?”

The story notes that schools in multiple states have been receiving bomb threat calls since March, and in five states there was more than one such call on the same day in April. This is a form of “swatting”, which is a term that refers to calls that falsely report an act of violence in progress or about to occur. Such calls have themselves sometimes resulted in violence as part of the police response. I’ve written about some recent local examples of similar hoax reports, and while Texas is not mentioned in that NPR story, there’s no reason to think whoever is behind this couldn’t target our state as well. As I said before, this is a grim reminder to school districts and police forces that they need to be thinking about this kind of situation and make sure they have plans in place to respond. Unfortunately, it looks like they need to have a plan in place for dealing with false alarms as well.

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Interview with Rochelle Garza

Rochelle Garza

You are probably well acquainted with the current Attorney General of Texas. My goal here is to help acquaint you with the person who should be the next Attorney General of Texas, Rochelle Garza. A Brownsville native and fifth-generation Texan, Garza got her law degree at UH and made a name for herself in 2018 by fighting for reproductive rights for immigrant teens in detention and winning her case against the Trump administration at the Supreme Court. She has been a staff attorney for the ACLU and is now a managing partner at her own firm. She has served on the board of Jane’s Due Process, the State Bar of Texas’ Laws Relating to Immigration and Nationality Committee, and the Cameron County Bar Association. I don’t really have to tell you that she’s a far better person than the incumbent is, do I? We get into all of the reasons why she would also be a far better Attorney General in the interview:

PREVIOUSLY:

All interviews and Q&As through the primary runoffs
Susan Hays – Ag Commissioner
Luke Warford – Railroad Commissioner
Michelle Palmer – SBOE6
Chuck Crews – HD128
Cam Campbell – HD132
Stephanie Morales – HD138
Robin Fulford – CD02
Laura Jones – CD08
Teneshia Hudspeth – Harris County Clerk
Amy Hinojosa – HCDE Trustee, Precinct 2
Andrea Duhon – HCDE Trustee, Precinct 4

As always, everything you could want to know about the Democratic candidates can be found at the Erik Manning spreadsheet.

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