December 31, 2005
Filing news: Miscellania

Not a whole lot of filing news today. Matt reports that we have another Democratic contender for State Senate, an activist from Dripping Springs named Kathi Thomas, who filed yesterday to run against Sen. Jeff Wentworth in SD25, which covers north Bexar County plus Kendall, Hays, Comal, Guadalupe, and a piece of Travis (see PDF map). It's about a 63% GOP district, but since it covers a big piece of CD21, it's nice to have as many Dems running there as possible.

Also in the State Senate, Carlos Uresti made his filing to challenge Sen. Frank Madla in SD19. He had a few endorsements to announce in his press release:


Uresti was endorsed by Mr. Bill Sinkin, the longtime San Antonio financial and community leader.

"We have all been impressed by Representative Uresti’s work on the crisis confronting our Child Protective Services," Sinkin said. "He is exactly who we need to take the lead for our children."

Also backing Uresti as he filed his official candidacy were San Antonio City Councilman Roland Gutierrez, longtime Reeves County Judge Jimmy Galindo, Pecos County Commissioner Oscar Gonzalez, Southside Independent School District board member Andrew Herrera, former President of Southside ISD School Board Tony Uriegas, and the President of the Harlandale ISD, Victor Resendez.

"Carlos has the energy to get the job done for our district," said Councilman Gutierrez.

"As a legislator, Carlos has been involved in our schools from the beginning," President Resendez said. "Unfortunately, we have rarely if ever heard from his opponent.”

"This campaign is the difference between a new direction and more of the same old politics that haven’t worked for our children," said school board member Herrera. "It is critical to elect new leadership at this moment in our history," said Mr. Uriegas.

Reeves County Judge Galindo and Pecos County Commissioner Gonzalez agreed that Madla has been non-responsive to the needs of their community.

"Carlos Uresti understands the unique challenges facing our region," Judge Galindo said. "He knows that we can do better and has already visited us in the western part of the district to listen to our concerns."

SD19 stretches from Bexar County out to El Paso. It's a moderately Democratic district; Carlos Uresti won the piece of it that covers his former HD118 by a 3-1 margin, but that represented less than 15% of the total votes cast there in 2004.

Staying in Bexar County, here's Larry Stallings' statement on filing in HD122.


Now seems like a good time to thank all the folks who not only said they support Larry Stallings, but have acted on that with their time in gathering signatures, giving money, educating the candidate on so many issues critical to the folks in HD 122. A savvy steering committee is taking shape, with lots of expertise to help not only prepare Larry for the campaign, but to help him after he is sworn in as the new representative from 122 in '06. We have toll road experts, education experts, a taxation and budget pro, and some medical folks are on board too, to help us speak to the complexities of health care delivery in the District. Larry also has his own "band of brothers", including Treasurer Terry, who are retired military members who not only plan to work on his behalf, but watch his back during the campaign. They are all, every one of 'em - Republicans. We have also had the informal advice of a number of political consultants, for which we are very grateful, for we couldn't have navigated the murky waters of setting up a campaign in just under 6 weeks without them advising us along the way.

I'm going to enjoy watching that race. Good luck to you, Larry.

Meanwhile, the campaign in CD23 for Rick Bolanos got off to a stumbling start.


In a maneuver that rival Rick Bolaños called a "low blow," U.S. Rep. Henry Bonilla's campaign treasurer sought to short-circuit the El Paso Democrat in cyberspace earlier this month.

Treasurer Jill DeYoung registered at least four Web addresses that included Bolaños' name on Dec. 9 — the same day the San Antonio Express-News reported his interest in the District 23 seat, according to a search of Internet domain-name registrants.

She got control of rickbolanosforcongress.com, rickbolanosforcongress.net, rickbolanos.com and rickbolanos.net. Registering a domain name essentially establishes ownership rights over it, keeping it out of others' hands.

"You know what? It's pretty dirty — it's dirty politics," Bolaños said. "A Web site gives you the ability to raise money and to put your platform out there. ... It's kind of a low blow when somebody does something like this."

Bolaños, who so far is the only Democrat to file for the District 23 seat, said he's hiring an attorney to determine whether to take legal action. He's also considering filing a complaint with the Federal Election Commission.

Officials with Bonilla's campaign could not be reached for comment Friday. But Frank Guerra, a strategist for past Bonilla campaigns, said the tactic of snatching up domain names isn't unusual.

"That's pretty standard for political campaigns," he said. "Campaigns routinely purchase domain names so that it takes away one of their (opponents') weapons."

Bolaños said he learned of DeYoung's move this week when his campaign tried to register a domain name.

Despite the nuisance, he said he found the action somewhat encouraging. "I seriously think they wouldn't have done it if they didn't think we have some name recognition," Bolaños said.


Link via The Jeffersonian. I've said it before and I'll say it again: This is not a dirty trick, and while it does not speak well of the people you have advising your campaign when it happens, the ultimate responsibility rests with the candidate. Only you know for sure that you're going to run for office. As soon as you do - hell, as soon as you start leaning that way - register whatever domain names you think you may want. Don't give your opponent a chance to do it for you. One the cusp of 2006, there is simply no excuse for this.

Completing our tour of Bexar County, Andre and Eddie have updates on Ciro Rodriguez.

That's about all I've got for today. Monday will be the busy day. Lyn will be liveblogging from HCDP headquarters, so keep the Houston Democrats site in a window, or drop by and see what's happening for yourself.

Posted by Charles Kuffner
Filing news: More mixed signals from Strayhorn

What does it say about your campaign when this is a story?


Comptroller Carole Keeton Strayhorn's campaign Friday declined to dismiss rumors that she will file Monday as an independent candidate for governor.

Strayhorn spokesman Mark Sanders would not answer direct questions about whether Strayhorn will file Monday in the Republican primary or as an independent.

"Carole Keeton Strayhorn is a candidate for governor. She is a Republican. She will be filing for that office on Monday," Sanders said.


As non-denial denials go, that one's pretty good. You kind of have to reread it to realize that Sanders never actually says she'll be filing for Governor as a Republican. I still don't have any clue what she's doing, but I'm clearly not alone in that regard.

Betty Hill, a Republican activist who is serving as Strayhorn's Bexar County campaign coordinator, said she had not heard the rumor. But, if true, Strayhorn will likely have to look elsewhere for support.

"If she runs as an independent, we will have a slight problem," Hill said. "I think most of us are committed to the party."

Bexar County Republican Party Chairman Richard Langlois said he's heard the whispers but nothing concrete.

"Frankly, I think that would be smart for her because that's the only way she's going to get to November," he said.

Contacted on his mobile phone, former Bexar County GOP Chairman Roy Barrera Jr., perhaps Strayhorn's best-known San Antonio supporter, declined to comment Friday afternoon and abruptly hung up.


Look on the bright side, dude. These stories have to end on January 3. You can hang on that long.

Posted by Charles Kuffner
The DeLay-Abramoff money trail

Huge story in the WaPo tying together all kinds of monetary threads between Jack Abramoff and Tom DeLay. I'll quote a bit, but you really have to read the whole thing to understand it.


The U.S. Family Network, a public advocacy group that operated in the 1990s with close ties to Rep. Tom DeLay and claimed to be a nationwide grass-roots organization, was funded almost entirely by corporations linked to embattled lobbyist Jack Abramoff, according to tax records and former associates of the group.

During its five-year existence, the U.S. Family Network raised $2.5 million but kept its donor list secret. The list, obtained by The Washington Post, shows that $1 million of its revenue came in a single 1998 check from a now-defunct London law firm whose former partners would not identify the money's origins.

Two former associates of Edwin A. Buckham, the congressman's former chief of staff and the organizer of the U.S. Family Network, said Buckham told them the funds came from Russian oil and gas executives. Abramoff had been working closely with two such Russian energy executives on their Washington agenda, and the lobbyist and Buckham had helped organize a 1997 Moscow visit by DeLay (R-Tex.).

The former president of the U.S. Family Network said Buckham told him that Russians contributed $1 million to the group in 1998 specifically to influence DeLay's vote on legislation the International Monetary Fund needed to finance a bailout of the collapsing Russian economy.

A spokesman for DeLay, who is fighting in a Texas state court unrelated charges of illegal fundraising, denied that the contributions influenced the former House majority leader's political activities. The Russian energy executives who worked with Abramoff denied yesterday knowing anything about the million-dollar London transaction described in tax documents.

Whatever the real motive for the contribution of $1 million -- a sum not prohibited by law but extraordinary for a small, nonprofit group -- the steady stream of corporate payments detailed on the donor list makes it clear that Abramoff's long-standing alliance with DeLay was sealed by a much more extensive web of financial ties than previously known.

Records and interviews also illuminate the mixture of influence and illusion that surrounded the U.S. Family Network. Despite the group's avowed purpose, records show it did little to promote conservative ideas through grass-roots advocacy. The money it raised came from businesses with no demonstrated interest in the conservative "moral fitness" agenda that was the group's professed aim.

[...]

After the group was formed in 1996, its director told the Internal Revenue Service that its goal was to advocate policies favorable for "economic growth and prosperity, social improvement, moral fitness, and the general well-being of the United States." DeLay, in a 1999 fundraising letter, called the group "a powerful nationwide organization dedicated to restoring our government to citizen control" by mobilizing grass-roots citizen support.

But the records show that the tiny U.S. Family Network, which never had more than one full-time staff member, spent comparatively little money on public advocacy or education projects. Although established as a nonprofit organization, it paid hundreds of thousands of dollars in fees to Buckham and his lobbying firm, Alexander Strategy Group.

There is no evidence DeLay received a direct financial benefit, but Buckham's firm employed DeLay's wife, Christine, and paid her a salary of at least $3,200 each month for three of the years the group existed. Richard Cullen, DeLay's attorney, has said that the pay was compensation for lists Christine DeLay supplied to Buckham of lawmakers' favorite charities, and that it was appropriate under House rules and election law.

Some of the U.S. Family Network's revenue was used to pay for radio ads attacking vulnerable Democratic lawmakers in 1999; other funds were used to finance the cash purchase of a townhouse three blocks from DeLay's congressional office. DeLay's associates at the time called it "the Safe House."

[...]

No legal bar exists to a $1 million donation by a foreign entity to a group such as the U.S. Family Network, according to Marcus Owens, a Washington lawyer who directed the IRS's office of tax-exempt organizations from 1990 to 2000 and who reviewed, at The Post's request, the tax returns filed by the U.S. Family Network.

But "a million dollars is a staggering amount of money to come from a foreign source" because such a donor would not be entitled to claim the tax deduction allowed for U.S. citizens, Owens said. "Giving large donations to an organization whose purposes are as ambiguous as these . . . is extraordinary. I haven't seen that before. It suggests something else is going on.

"There are any number of red flags on these returns."


Like I said, read it all. There's a lot more.

UPDATE: Josh Marshall gives a good summary.

Posted by Charles Kuffner
Harry Potter is good for you

I love stories like this: Scientists say Harry Potter can prevent broken bones


Harry Potter may not yet be able to mend broken bones with a wave of his wand, but the pint-size wizard of book sales apparently has the power to reduce playground injuries, British scientists reported in a study published this week.

Working on a hunch, a group of trauma surgeons from Oxford's John Radcliff Hospital ran a statistical study on the correlation between the incidence of "musculoskelatal injuries" among 7-to-15 year olds and the release of new volumes in the phenomenally popular Harry Potter series by J.K. Rowling.

Lo and behold, on the weekends when two of the titles -- "The Order of the Phoenix" and "The Half-Blood Prince" -- were released, emergency-room attendance rates for the designated cohort dropped by nearly half compared to "normal" weekends, 36 and 37 kids respectively in need of mending rather than an average of 67.

"Both these weekends were in mid-summer with good weather. It may therefore be hypothesized," the doctors concluded, tongues firmly in cheeks, "that there is a place for a committee of safety conscious, talented writers who could produce high quality books for the purpose of injury prevention."


My injury-prone college roommate could have found a way to hurt himself while reading, but I admit he had a special talent. I'm keeping this tidbit in my back pocket for the next time I run into someone who claims the Potter books are evil.

Posted by Charles Kuffner
December 30, 2005
Filing news: Stuff I forgot the first time

The problem with doing these big accumulation posts is that it's easy to forget some stuff. Fortunately, blog software makes publishing easy...

Rumors are flying around the campaign of Carole Keeton "One Discombobulated Grandma" Strayhorn. Will she run as an independent? Will she cross us all up and run for Lite Guv (I got the same email Bluebonnet did)? Will she shave her heard and move to Botswana? Hey, I figure I'd better get in the rumormongering business while it's still brisk. If you hear that one anywhere else, you'll know where you heard it first.

Matt reports a rumor that there could be a second Democratic contender for HD122: former Bexar County Democratic Party Chair Rudy Casias. The Jeffersonian is unimpressed.

Things are still screwed up in the aforementioned Bexar County Democratic Party. Film at eleven.

Posted by Charles Kuffner
Filing news: Friday frenzy

Lots of filing news to report as we approach the January 2 deadline. Let's get started...

Celebrity has its privilege, as radio personality Dan Patrick's filing for SD07 rates a fairly sizable Chron story. He's off the air until he loses or finishes serving however many terms he wins, but he's still there in spirit, as he's being replaced by his son.

Recent polls have shown Patrick with a commanding lead in the four-way race for the GOP nomination. Jim McGrath tries to make lemonade from that:


Patrick recently released a poll of likely Republican primary voters that shows him earning 54 percent of the vote if the election were held today. Nixon had 10 percent, Hamric had 9 percent and Ellis garnered 7 percent among those polled.

The poll, commissioned by Patrick and conducted by the Colorado-based polling firm Vitale & Associates, was taken in early December.

Nixon spokesman Jim McGrath questions the results.

"He's been on the air in the Houston market for years. Naturally he has a name ID advantage. We dispute that he has that level of support," McGrath said. "Name ID is one thing, support is another."


I suppose that's true, and perhaps for a primary election where most of the voters are more committed to the process than average, you're less likely to get someone to push the button for the only name they recognize than you might get in a general. That's still a lot of ground to make up, and whoever does make the hoped-for runoff with Patrick had better also hope that the two losers aren't too disgruntled to give an endorsement. Otherwise, expect Danno to be off the air for a long time.

Staying with the State Senate, we now have a second Democratic challenge to a GOP-held seat. Eye on Williamson introduces us to Stephen Wyman, who is running against Sen. Steve Ogden in CD05, which covers Brazos, Burleson, Freestone, Grimes, Houston, Lee, Leon, Limestone, Madison, Milam, Robertson, Trinity, Walker and Williamson Counties (see PDF map). If a Democrat steps up in Ken Armbrister's SD18, we'll have a challenge to an incumbent (Ogden in SD05 and Frank Madla in SD19, assuming he wins his primary) and a race for an open seat on each side. Elam has some news about SD18, where Glenn Hegar appears to be consolidating support - I've also got a CapInside piece that says he's got State Rep. Lois Kolkhorst of Brenham in his corner. It's the hair, people. Hegar could swap grooming tips with Rick Perry. Never underestimate a good head of hair.

Moving to Congress, most of the remaining names on the Democratic side have been filled in, as several incumbents plus Robert Ricketts (CD19), John Courage (CD21), and Rick Bolanos (CD23) submitted their paperwork in the last day or two. Here's a few words on Bolanos:


Swinging through San Antonio on Wednesday, El Pasoan Rick Bolaños kicked off his bid to unseat District 23 U.S. Rep. Henry Bonilla with a fiery speech that took on the Bush administration more than his would-be Republican opponent.

Bolaños so far is the lone Democrat to announce for the March 7 primary.

Known as "the Band of Brothers," Bolaños and his three brothers, all of whom served in Vietnam, stumped nationwide for John Kerry in 2004, aiming to counteract attacks on the Democratic presidential candidate's military record.

Speaking to supporters in an Omni Hotel meeting room, Bolaños recalled his father's fervent patriotism and his own experiences in Vietnam, including tending to a gravely wounded friend during the Tet offensive.

"If he had lived, what would this administration have said about him if he ran for president?" Bolaños said, his voice wavering.

He went on to attack President Bush's No Child Left Behind Act, the administration's handling of health insurance for children and the outsourcing of jobs.

At the same time, Bolaños said he wants to see an end to rigid partisanship in Congress. "We have to be more passionate about America," he said, "and less passionate about parties."

District 23 reaches from San Antonio to El Paso, and Bonilla — who so far has not drawn a primary opponent — has held the seat since 1992.


Here's an older story that mentions Ricketts' candidacy:

On [December 8] Randy Neugebauer announced that he will seek another term as congressman for District 19. The Lubbock Congressman wasn't the only one to make that announcement.

At Texas Tech, Robert Ricketts announced his candidacy for the congressional seat. Ricketts is the Director of Accounting Programs for Tech and will run as a Democrat. He hopes to use his more than 20-years of tax policy practice to help solve the nation's budget problems.

On [December 9] Fred Jones intends to announce his candidacy for District 19 on the Libertarian ticket.


By the time you read this, David Harris will have paid his fee in Austin to file for CD06. Here's his statement:

On Friday afternoon, I will deliver my filing to run as the Democratic Candidate in TX-06 to the state headquarters in Austin. It is an awesome responsibility that lies ahead and my family and I appreciate the encouragement and support we have received over the past few months.

Recently, according to the New York Times, “Rep. Joe L. Barton (R-Tex.), an architect of the Medicaid proposals, said the higher co-payments were needed to `encourage personal responsibility' among low-income people.”

While Barton believes those less fortunate need to learn to exercise more “personal responsibility”, I believe the elected official for TX-06 should take more “personal responsibility” for what that job should be…an instrument to serve the constituents of the district from which you are elected, not a position of power to line your pockets. Now that TX-06 has dirtier air, rapidly shrinking salaries in Tarrant and Ellis counties and children dropping off Medicaid rolls at alarming rates its time to enforce our own term limits…its time for Joe to go.

I hope each of you will Follow Me to DC…it is truly the most important work we will ever do.


Moving to the State House, I did a little counting on the Dem filings and GOP filings pages. By my count, 80 seats so far have Democratic candidates filed for them, while 78 have Republicans. Three of those 80 Dems are not yet listed on the page but will have filed by the end of the day today (HD50 - Mark Strama, about whom more in a jif, HD122 - Larry Stallings, and HD125 - Joaquin Castro - scroll down on the page). The districts which do not yet have anyone filed for them:

HD24 - Larry Taylor (R)
HD33 - Vilma Luna (D)
HD34 - Abel Herrero (D)
HD37 - Rene Oliveira (D)
HD38 - Open (D)
HD42 - Richard Raymond (D)
HD65 - Burt Solomons (R)
HD74 - Pete Gallego (D)
HD90 - Lon Burnam (D)
HD95 - Marc Veasey (D)
HD100 - Terri Hodge (D)
HD104 - Roberto Alonzo (D)
HD123 - Mike Villareal (D)
HD128 - Wayne Smith (R)
HD130 - Corbin Van Arsdale (R)
HD132 - Bill Callegari (R)
HD135 - Gary Elkins (R)
HD138 - Dwayne Bohac (R)

Interestingly, none of the Harris County GOP contingent is listed as having filed yet; in contrast, all of the Dems have done so. Either the state party's page is out of date, or they're being especially laggard about it. Other than the open seat in HD38, I've not heard anything about retirements in any of these, so I presume it's all just procrastination. We'll have a much clearer picture soon.

Speaking of Mark Strama, his statement upon filing today is beneath the fold. Greg has a twofer on the contested primary in HD146, and news about filings for Harris County offices. I just want to say that J. Goodwille Pierre, candidate for Harris County Clerk, has an awesome name.

Finally, a piece of unexpected news at the statewide level: The Dems have a candidate for Lieutenant Governor.


Marshall resident and attorney Ben Z. Grant on Thursday announced he will be a candidate for Texas Lieutenant Governor in the March Democratic primary.

Grant, 65, a former state representative who also served 17 years as justice of the Sixth Court of Appeals in Texarkana, said he is looking forward to the statewide race.

He shipped his filing papers Thursday to Texas Democratic Party headquarters in Austin. As of Thursday afternoon no other candidates had filed.

Incumbent Lt. Gov. David Dewhurst filed on Dec. 15 as a Republican seeking re-election. Grant said, assuming he wins the Democratic Party primary, he is looking forward to likely taking on Dewhurst next November.

"I realize it will be an uphill battle," Grant said, "but I want to give the people a choice."

Grant said voters across the state are unhappy with the lack of progress by the Texas Legislature on solving the state's school finance challenges.

"There has been a lot of disenfranchisement from both parties because the legislature has been unable to get together on school finance," he said. "It's not an easy task, but I feel I can work with people of both parties."

Grant retired from the Sixth Court of Criminal Appeals when his term ended in 2002. He served as a state representative from 1971 until 1981.

Grant was also a district judge for the 71st Judicial District Court in Harrison County and was appointed to the court of appeals in 1985 by then-Gov. Mark White. He said he spent 37 years in government, starting his career as a school teacher.

Grant has also been a weekly Sunday columnist for the Marshall News Messenger the past eight years. Those columns will cease as of this week, newspaper officials said.


Is this state big enough for two former media personalities running for office in 2006?

If you want proof that what Grant says about working with people of both parties is more than mere rhetoric, consider this:


County Republican Chairman Sam Moseley said, while he wishes Grant well, he anticipates Dewhurst will continue serving as Texas Lieutenant Governor after the November election.

"Ben Grant is a good personal friend whom I admire in many ways," Moseley said Thursday afternoon. "I know this statewide campaign will be a valuable experience for him."

Moseley and Grant ran against each other in 1970 for state representative with Grant winning that race.

"Lt. Gov. David Dewhurst is also a friend, and a person of great personal skill and integrity," Moseley said. "Legislators from both parties say he serves very effectively as our state's lieutenant governor.

"I have confidence in Gov. Dewhurst, and expect him to continue serve our state honorably and well."


That's about as nice a quote as you could expect from a county chair for the opposing party, especially someone you once beat in an election. I look forward to learning more about Ben Grant.

Click the More link for Mark Strama's statement.

I am writing to announce to you that today I am filing for re-election to the Texas House of Representatives in District 50. I am honored by the opportunity the voters have given me to serve them. My election last year sent a message to the Legislature that the people of Texas did not support their policies of cutting children's health insurance, neglecting education, and prioritizing political issues - like Tom Delay's redistricting plan - above the public interest.

I believe this played a role in the current Legislature's decision to restore vision and dental care in the Children's Health Insurance Program (CHIP), and to shore up the problems with Children's Protective Services (CPS). My first year in the Legislature has left me with a stronger desire than ever to be a force for change in Texas politics. We still have a long way to go to achieve the improvements in education and reforms in our political system that our state deserves.

And with another campaign starting in the New Year, I am once again asking for your support.

Fundraising Deadline: December 31

December 31 marks the final day before our next contribution reports are due, and it is important that my report show a strong financial position as the campaign gets started. Please donate at:

http://markstrama.com/donate/

If everyone receiving this email donates $25 today, we could kick off the New Year with over $100,000 on hand. This would send a powerful signal to the big special interests that solid grassroots support can overpower their huge political contributions. We did it before, and we are going to have to do it again.

As you recall, last year's campaign cost over $500,000, and I was still outspent by hundreds of thousands of dollars. So please consider making a donation of $25, or whatever you can afford, at:

http://markstrama.com/donate/

There is power in numbers, and your contribution, no matter how small, adds up to real power when it is added to the contributions of the thousands of other supporters receiving this email. But it only works if everyone participates - and it works even better if each of you forward this email to 10 friends and encourage them to participate as well. Thanks for your continuing support.

Campaign Academy Summer 2006

There are a lot of things I was proud of about our 2004 campaign, but by far the proudest accomplishment was the summer Campaign Academy, in which high school and college students engaged the political process and made a real difference in the outcome of the election.

The Campaign Academy was a program that brought in daily guest speakers - current and former elected officials, political consultants, policy wonks, and university professors - to visit with a group of about twenty Campaign Academy interns. The interns spent the remainder of each day learning by doing - block walking, phone banking, organizing events, and experiencing first-hand the daily activity of a political campaign.

I know that the winter holiday is when many students begin making their plans for the summer. If you know of any bright, interested young people who might want to spend this summer learning about politics and making a difference, please forward them this message. Detailed information about Campaign Academy is available at:

http://markstrama.com/campaignacademy/

Last year's Campaign Academy interns were not only a tremendous campaign asset; they were also a constant reminder of why we all worked so hard. Every single day, their idealism and enthusiasm inspired us to aim higher, and grounded us in the purpose and mission of the campaign.

These young people deserve better service from the Texas Legislature. The most important challenge facing the State of Texas is improving our public schools while reducing their dependence on local property taxes. Yet repeated special sessions once again ended in a stalemate among our legislative leaders. In the information-based, global economy of the 21st century, an educated workforce is our strongest asset. If our education system is not competitive today, our workforce and our economy will pay a high price tomorrow.

The people of Texas support their schools, and they are ready for a change from the failed approach of the past four years. If you would like to be involved in my campaign to bring a change of priorities to the State Capitol, please visit:

http://markstrama.com/getinvolved/

Thank you for the opportunity to serve, and best wishes for a joyous holiday season!

Posted by Charles Kuffner
Juror pay raise

Starting next week, you're going to need a reason other than crappy pay to weasel out of jury duty.


Texas will no longer be among the stingiest states when it comes to pay for jury duty, raising the $6-a-day rate to $40 a day in the first increase in more than 50 years.

The increase is effective Jan. 1 under a new law designed to improve the state's low level of juror participation. They'll still get the $6 rate on the first day of jury service.

"Texas has lagged behind in fair jury fees for a long, long time," said Supreme Court Judge Nathan Hecht. "It's disingenuous to look over to them and say, 'We couldn't do this without you,' then hand them $6. At times that won't pay for parking and it certainly won't pay for lunch."

Juror pay varies greatly from state to state, with Texas near the bottom before the increase, according to the National Center for State Courts. Massachusetts and Colorado pay nothing up to the first three days, but increase that to $50 a day on the fourth day. Other states such as Iowa, Kansas and Maine pay a flat rate of $10 per day. Federal courts pay $40 per day.

Lawmakers, lawyers and judges hope the change in Texas will increase jury participation and bring more minority representation to juries. One expert said the increase should help.

"If you don't pay a decent fee for the jurors' service, you are excluding those people who can't afford to spend a day in court on $6 a day," said Phoenix attorney Patricia Refo, who oversaw an American Bar Association project on public participation in the courts. "Hopefully, this will encourage people to do their civic duty."


You can thank the firm of Vinson & Elkins, plus former Dallas Mayor and Senate candidate Ron Kirk for the assist on this one. Forty bucks a day still isn't a king's ransom, but most people could get by on it for a week if they had to, and it will more than cover costs for those of us who still get our salary while doing our aformentioned civic duty. I've said before that I have little patience for people who whine about the inconvenience of serving on a jury. I have even less patience for them now.

Posted by Charles Kuffner
Clinic expansion in South Texas

You may recall the 250-mile march that State Rep. Aaron Pena and a bunch of veterans from the Rio Grande Valley took in November to highlight the need for a real VA hospital in South Texas. It's not quite what they asked for, but they did get something for their efforts.


A new, larger outpatient clinic for veterans, to replace a smaller clinic built in 2004, is planned for land near the Regional Academic Health Center.

U.S. Sen. Kay Bailey Hutchison’s office announced the plan Wednesday.

A statement from Hutchison’s office said that the U.S. Department of Veterans Affairs will lease the clinic from the University of Texas Health Science Center at San Antonio for at least 15 years. The facility will be built on land owned by UT Health Science Center and adjacent to the RAHC.

[...]

Richard Garcia, assistant vice president for South Texas programs at UT Health Science Center at San Antonio, said the center had been planning this new clinic “for a while,” but didn’t have official word that the Department of Veterans Affairs would lease the space.

Garcia said design plans for the clinic already are 95 percent completed.

The new facility would be 30,000 square feet, compared to the current clinic’s 10,000 square feet, and would offer more services, officials said. Some of those services would include mental-health care, a laboratory, a pharmacy, dental care and physical therapy.

Some local veterans questioned whether the new facility would be sufficiently staffed or fully meet veterans’ needs.

“What difference does the new clinic make if we have the same doctors?” said Jose Maria Vasquez, commander of America’s Last Patrol in the Valley. “There aren’t enough … we typically have to wait a few weeks for an appointment.”

Vasquez was one of the veterans who marched from Edinburg to San Antonio in November to demand a veterans’ hospital for the Valley.

It’s more important that the Valley have a veterans’ hospital than another outpatient clinic, Vasquez said. Many veterans must travel to San Antonio for care, or else must pay out of pocket if they can’t obtain prior authorization for care at a local hospital, he said.

[...]

Rep. Aaron Peña, D-Edinburg, said he thought the proposed clinic was a “step in the right direction,” even if the journey isn’t over.

“The veterans of deep South Texas are tremendously underserved in terms of access to medical care, so any advancement is positive,” Peña, who also walked with the veterans to San Antonio, said. “It’s a good start … but we still have a long way to go.”

Vasquez, however, said veterans deserve more.

“We have been shunned, cast to one side, and that’s not going to happen anymore,” Vasquez said. “We’ve been quiet too long.”


Pena expands on his comments at his blog:

My initial response was that I saw and still see this as a positive first step in the fufillment of the dreams of so many South Texans who served this country proudly.

Although some Valley Veterans may have felt that way, after talking to a number of them, I can say that any initial response similar to mine quickly faded in that the Veterans who marched as a whole feel that they are given "crumbs" when other communities, who may not have the number of front line Veterans, have access to a Veterans' hospital.

[...]

I would suggest to the powers that be that what they first seek is communication. A number of them have expressed to me that the people in Washington are not communicating with them and simply making decisions without their involvement. My second suggestion is that any projects, including this one, have real substance and not mere symbolism. The sentiment you may hear over the next couple of days regarding this story is that the gesture is more symbolic than meaningful.

I want to look at this situation in a positive light and therefore welcome the recent announcement as a positve first step.


Barbara Radnofsky characterized Senator Hutchison's role in this as not in keeping with her promises. From her press release:

Senator Kay Bailey Hutchison today reneged on her call for a veterans' hospital in the Valley. Her opponent, Barbara Ann Radnofsky has campaigned for over a year calling for a veterans' hospital south of San Antonio. Hutchison echoed Radnofsky's call in Harlingen on August 17, stating "A real veterans' hospital is needed in the Valley," according to press reports. The planned outpatient clinic in Harlingen, which will replace the small and inadequate outpatient clinic in McAllen is not a hospital. Senator Hutchison has once again deserted the veterans of Texas.

Recently, she voted against the amendment1 which would have provided proper funding for veterans' mental health affairs. The bill she voted against would have provided additional funding for each fiscal year from 2006 through 2010, and would have been used for readjustment counseling, related mental health services, treatment and rehabilitative services for veterans with mental illness, post-traumatic stress disorder, and substance use disorder.


Details on that particular vote can be found here.

We'll see how this develops. The Rio Grande Guardian, which I can't access because I'm not a subscriber, has a frontpage blurb that says "Cmdr. José Maria Vasquez said if acute care was not provided, America's Last Patrol would file an injunction", so I expect we'll be hearing more soon.

Posted by Charles Kuffner
December 29, 2005
Filing news: Piling on in CD22

And then there were three challengers in the GOP primary against Tom DeLay for CD22.


Thomas A. Campbell, who specializes in environmental law, is the third Republican challenger to take on DeLay, who has held the post since 1985.

Campbell paid the filing fee of $3,125 to the Texas Republican Party in Austin on Wednesday and entered his name in the race.

"We need to return some decency and civility to the way we conduct the public's business," Campbell said.

Campbell said he found it has become increasingly difficult for him to vote for DeLay, who was indicted in September and October on charges related to campaign finances. DeLay has since stepped down as House majority leader.

"I wish I had a choice," Campbell said. "And what I am trying to do is provide Republicans who are conservative a choice, an alternative."

Campbell served as general counsel for the National Oceanic and Atmospheric Administration during the administration of President George H.W. Bush.

[...]

Fort Bend County Republican Party Chairman Eric Thode described Campbell as a credible candidate but one with low name recognition taking on a popular incumbent.

"He (DeLay) has represented us well, and I am confident he will be re-elected in the primary," Thode said Wednesday.

Thode said Campbell is not well-known among people active in the local GOP parties.

"He has no viable group of supporters," Thode said.


Well, at least they're not claiming he isn't a Republican. Even Chris Elam goes moderately easy on the snark. The Houston Press has more on Campbell. While I agree with Elam and with Greg about his chances, I'll be interested to see if the anti-DeLay trio can hold down the Hammer's percentage of the vote in March. At what level of opposition support does one start whispering about an incumbent's hold on power? I say that if DeLay doesn't crack 70% in the primary, you can commence with the questions.

Checking the current Democratic and Republican filings pages, I see maybe five of 21 GOPers who could go unchallenged, while eight of the 11 Dem incumbents may skate. On the Dem side, I know that CDs 06 and 21 through 24 have at least a rumored challenger, leaving 02, 11, 12, 13, and 26 unaccounted for. For the other team, so far only Chet Edwards (CD17), Solomon Ortiz (CD27), and Eddie Bernice Johnson (CD30) have drawn opponents. Edwards will of course have a tough fight on his hands to retain a seat that the GOP thought it should have won last time. Ortiz won with 63% last year. Johnson had only a Libertarian opponent in 2004 and is in one of the safer districts around.

One last note here is that Ron Paul has apparently lost his primary opponent, which Elam confirms. Dude had name recognition issues anyway.

Moving to the State Rep races, Greg notes that we're down to five unchallenged GOP incumbents in Harris County, as a fellow named Scott Brann has signed on to run against Beverly Woolley, but on the other hand, there's only one GOP challenger to any Democratic incumbent, and he hasn't made his filing yet. Far be it from me to complain if that latter trend holds true, and far be it from me to offer a little advice to the Harris County GOP (which they don't need anyway, given how well things have gone for them lately), but some of these Dem-held districts are fairly purple. Let's do a little comparison. Here's all the Harris County State Rep districts that now have Democratic incumbents, and a measure of how blue they are:


Democrat Dist 2004 % Thomas % Stone % Opposed
==================================================
Allen 131 100.0 21.4 80.6 No
Bailey 140 67.4 41.0 62.9 No
Coleman 147 100.0 21.4 80.9 No
Dutton 142 80.1 22.4 79.9 No
Edwards 146 100.0 27.8 75.5 No
Farrar 148 100.0 42.6 62.3 No
Hernandez 143 100.0 41.5 62.5 No
Hochberg 137 56.6 45.2 58.0 No
Noriega 145 100.0 40.3 63.3 No
Thompson 141 100.0 27.2 74.7 No
Turner 139 100.0 20.3 81.8 No
Vo 149 50.1 55.4 48.8 Yes

"2004%" is how much of the vote they got last time. "Thomas" is Sheriff Tommy Thomas, who was the GOP high scorer in all Harris County-wide races listed on each Rep's Electoral Analysis page. I'd expect Paul Bettencourt to have done a little better, but he wasn't listed so we'll use what we've got. Similarly, "Stone" is judicial candidate Kathy Stone, the top votegetter on the Dem side. As you can see, there are five districts beyond Hubert Vo's which could maybe be interesting with the right Republican running. But like I said, far be it from me to complain if all these folks are bored next year.

Here's the same thing on the Republican side:


Republican Dist 2004 % Thomas % Stone % Opposed
==================================================
Bohac 138 63.8 61.9 43.2 No
Callegari 132 100.0 71.1 31.3 No
Crabb 127 70.4 73.2 29.5 Yes
Davis, J 129 100.0 68.3 35.1 Yes
Elkins 135 100.0 66.7 36.3 No
Hamric (*) 126 69.3 68.8 34.0 Yes
Nixon (*) 133 78.3 57.6 46.1 Yes
Riddle 150 100.0 73.2 29.4 Yes
Smith, W 128 65.3 66.5 36.5 No
Talton 144 100.0 62.7 40.4 Yes
Van Arsdale 130 100.0 77.6 24.5 No
Wong 134 54.7 59.4 47.3 Yes
Woolley 136 100.0 73.9 31.5 Yes

Nixon and Hamric's seats are now open; Nixon's total was against an independent, so the percentage is misleading. He got about as many votes as Thomas did, so figure he'd have scored between 55 and 60% against a Dem. The only seat that stands out as needing a challenge that hasn't arrived yet is Dwayne Boahc's HD138. Beyond that, you have to be happy about the level of coverage.

Elsewhere, PerryVsWorld points to this Rebeca Chapa column to note the state of disarray that is the Strayhorn campaign, but what caught my eye was this:


House District 118, the seat being vacated by Uresti, has historically been a Democratic district. His departure has prompted two Republicans to enter the race: George Antuna, a former staffer for U.S. Sen. Kay Bailey Hutchison, and Steve Salyer, a physician assistant who ran for the seat two years ago.

Two Democrats have announced a run in District 118, but neither has enough name recognition to do well. Unless a strong, well-known Democrat emerges soon, that seat will likely go Republican.


Can someone in the still-disorganized Bexar County Democratic Party pay a little more attention to this, please?

Last but not least, some race notes from BOR. Happy reading.

Posted by Charles Kuffner
On the radio tonight

I will be a guest on Sean-Paul "The Agonist" Kelly's radio show tonight from 7:30 to 8:00 PM. The broadcast is on San Antonio's KTSA, which is 550 on the AM dial, or you can click the link and listen to a live stream. You can call in to the show at (512) 599-5555, or toll-free at (800) 299-KTSA. Tune in and remind yourself what "a face made for radio, a voice made for blogging" really means.

Posted by Charles Kuffner
Two cents on the Texans

I don't follow the Texans very closely. I found myself becoming an Oilers fan back in the 90s, and though my relationship with that team doesn't go back nearly as deeply as it does for many people, I was bitter about the shenanigans that led to their move to Tennessee, and I've never quite warmed up to their replacements as a result. I don't dislike them, I just don't much care one way or the other. Maybe some day I will, but not at this time.

All that said, I think the Texans need to think long and hard before deciding that David Carr is part of the problem as they look to rebuild. I just don't know how you can accurately judge a quarterback who's got such an awful offensive line and a defense that forces him to play catchup most of the time. Carr's career stats are far from awful, especially 2004's. The main thing to worry about is his big dropoff in yards per attempt, but given that his completion percentage this year is identical to last season's, I'd point a finger at the play-calling before I blamed Carr.

For sure, the Texans could do better at quarterback. Carr's a serviceable player, but he may never live up to the hype of being a #1 pick. The question is whether the marginal gain from installing a better QB - at whatever the cost would be - would be greater than the equivalent gain from improving other positions that might need it more. If I were the Texans' general manager, I'd think that there were higher priorities. That eight million he'd be owed to stay around isn't chump change, but I say it's worth it. I don't think they'll get enough of a return if they have to find a new signal caller as well as a new coach and maybe a new GM.

By the way, do you think anyone in the NFL front office is concerned about the possibility that either the Texans or the 49ers will appear to tank on Sunday in order to get a shot at Reggie Bush? I don't think either team will do anything less than give their best effort, but all it takes is one dropped TD pass or one questionable play call, and some media type somewhere will speculate about ulterior motives. If there's been any word from the Commissioner's office about this, I've not seen it. I'm just curious.

UPDATE: You know, like how people spoke about the Rockets tanking when Hakeem Olajuwon was in the draft.

Posted by Charles Kuffner
December 28, 2005
Get back to me in a week

The ongoing DeLay appeals process keeps on going as the Court of Criminal Appeals has given Travis County DA Ronnie Earle one week to respond to the motion to dismiss the indictments.


The state's highest criminal court has given Travis County District Attorney Ronnie Earle one week to respond to DeLay's request that the money laundering charges against him be dismissed. By asking prosecutors to quickly submit briefs on that question, the Court of Criminal Appeals has kept alive DeLay's hopes of resolving the case before the end of January so he can return to the post of House majority leader.

The court, however, has only called for briefs and has not decided whether to hear the case.

"The fact that they didn't simply reject it is an extremely good sign for us," said Dick DeGuerin, a lawyer for DeLay, R-Sugar Land. "And secondly, that they've only given the state one week is also a good sign."

Earle filed a motion with the Court of Criminal Appeals this week accusing DeLay of seeking special treatment by taking his case to the nine-member high court, which generally represents the last level of appeal in criminal cases.

"While the breadth of this court's jurisdiction to entertain petitions . . . is well known, the court has previously expressed reluctance to extend this privilege unless the circumstances are truly extraordinary," his motion says. "Holding a political office does not make a defendant 'extraordinary.' "

George Dix, a professor at the University of Texas School of Law, said the Court of Criminal Appeals is asking Earle to weigh in on the question of whether it should hear DeLay's effort to have the charges dismissed.

"A rough analogy is when you want to get in someone's house," Dix said. "It's possible that the occupants could not respond. This is like answering the door, but you still have to talk your way in."


I guess that makes DeLay the door-to-door salesman, and the CCA is the skeptical housewife. I'm pretty sure I don't want to take the analogy any further than that. Tune in next year to see where this all winds up.

Posted by Charles Kuffner
Causey's plea

And the deal for Rick Causey is five to seven years in the clink in return for "cooperation" against Skilling and Kenny Boy.


Causey pleaded guilty to securities fraud during a re-arraignment hearing before Judge Sim Lake today. The plea deal calls for a sentence of seven years in prison that could be reduced to five years if he cooperates "fully" with the government. He also agreed to forfeit $1.25 million.

Such cooperation includes debriefing prosecutors on events that led to the company's collapse.

The charge Causey pleaded guilty to normally carries a sentence of up to 10 years. Causey's attorney said he was also working on a settlement agreement with the Securities and Exchange Commission. April 21 was set as a tentative sentencing date for Causey.

[...]

Lay and Skilling weren't in the courtroom for the proceedings but their attorneys were present. Judge Lake agreed to delay the start of the Skilling-Lay trial; jury selection will begin at 9 a.m. on Jan. 30.

Daniel Petrocelli, an attorney for Skilling, said today that Causey pleaded guilty "for one reason and and one reason only," to protect his family.


That's all the reaction so far from the Skilling and Lay defense teams. I'm sure there will be more soon. For now, this is a big win for the prosecution. I'll wait to see what they do with it before I have any further thoughts.

Posted by Charles Kuffner
Identity theft protection

The good news is that there's momentum in Congress for federal legislation to protect consumers when their personal data is stolen from brokers like ChoicePoint. The bad news is that this new law may well be weaker than current state laws but would nonetheless supersede them.


Bills introduced in Congress after lapses at information broker ChoicePoint, LexisNexis and elsewhere would supersede the growing number of state laws, many of which impose stricter standards on data brokers, banks and credit reporting agencies. Rigorous disclosure requirements in California's law — the first in the nation, in effect since 2003 — brought many of the breaches to light.

Texas is among the states that require companies whose data is compromised to notify in writing the individuals affected.

"Many states are starting to deal with the problem," said Susanna Montezemolo, an analyst for the nonprofit Consumers Union. "A national solution is great if done the right way, but it could actually set us back."

Several of the federal bills have provisions that consumer advocates like, but the drafts keep changing and probably will be combined in the spring, said Chris Hoofnagle, West Coast director of the nonprofit Electronic Privacy Information Center. Some of the bills would force disclosure of an information breach only when the company involved decided there was a "significant" risk of fraud — a loophole Consumers Union said would have stopped disclosure in many of the 2005 cases.

The American Bankers Association said a high threshold for notification was necessary because otherwise consumers would get so used to being warned that they wouldn't take the notices seriously. Banks and information brokers also argue that without a uniform federal rule, most companies will end up complying with the toughest state law in order to have a uniform policy, in effect letting one state regulate national conduct.


Help me out here: If I own a safety deposit box, is my bank required to notify me in the event that it gets broken into or otherwise damaged (by, say, a flood)? If so, then I can't think of any reason why a data broker should be allowed to avoid notification of customers in the event that they get hacked. If they whine about the expense, remind them that a few extra ounces of prevention might be a good investment.

I really have no sympathy for the data brokers. I never chose to entrust the likes of ChoicePoint (who even heard of them before the stories about their stolen data started breaking?) with my information. It shouldn't be up to their discretion to tell me when that trust has been violated.

Posted by Charles Kuffner
Causey to take plea agreement

At 2 PM today, former Enron chief accountant Rick Causey will take a plea rather than go to trial.


It wasn't known what the exact terms will be but the deal includes cooperating with the government — which may include testifying in trial — in exchange for the chance at a lesser jail sentence.

Causey was scheduled to go to trial Jan. 17 along with former Chairman Ken Lay and former CEO Jeff Skilling. All three men previously have pleaded not guilty to charges ranging from fraud to conspiracy related to schemes that led to the company's 2001 bankruptcy.

The former chief accounting officer lacked the status and salaries of his two co-defendants, but a plea deal will likely make him the government's new star witness.

Like former Chief Financial Officer Andrew Fastow, who agreed to cooperate with the government in 2004, he has intimate knowledge of the company, particularly in its last days before it filed for bankruptcy.

Causey was responsible for the company's public accounting statements, reported directly to Skilling for years and took part in conference calls with Lay in fall 2001 as Enron fell from being one of the world's largest companies to one of the country's largest bankruptcies.

Unlike Fastow, however, Causey doesn't have the taint of having tried to personally enrich himself through side deals, as Fastow admitted in his plea agreement.

"To have another high ranking officer who knows the numbers but who hasn't been demonized the same way Fastow has serves the government's case very well," said Robert Mintz, a New Jersey-based legal expert who follows the case. "From the standpoint of wanting to go into the trial from a position of strength, this is not what Skilling and Lay were hoping for on the eve of trial."


All of this certainly looks good for the Enron Task Force, and as Tom notes in his overview of Causey's situation, he had more to worry about than Skilling or Kenny Boy due to his closer connections to Fastow and his side agreements. It's a little early to celebrate, though, if you're on the prosecution team. Remember the Enron Broadband trial, and how that was supposed to be an easy win for them? This case is certainly no less complex than that one, and there's the specter of Causey pleading out because he had no choice financially, thus making him less effective on the stand than one might hope:

David Berg, a Houston defense attorney who has followed the case, said the Lay and Skilling teams may try and compare Causey to David Duncan, the former Arthur Andersen executive who pleaded guilty in connection to the 2002 document shredding case. The U.S. Supreme Court overturned a guilty verdict against the accounting firm and Duncan's guilty plea was withdrawn.

"Duncan pled guilty, but when he got on the stand it was pretty clear he was innocent," Berg said, referring to testimony Duncan gave under cross examination. "I think the main hope of the defense will be to make the case that Causey cratered under pressure, that he just pled so he could avoid a long jail sentence."


Tom notes the same thing in this WaPo piece:

For friends of Causey, including his next-door neighbor Steve Huey, word of the advanced plea negotiations is bittersweet. They say Causey is devoted to his three children, the youngest of whom is in eighth grade, and is a devout Catholic who helped raise funds for a new church in the Woodlands, an upscale suburb of Houston.

"I don't think Rick has ever believed he did anything wrong," said Huey, who shared a Christmas Eve dinner with Causey and his wife, Elizabeth. "I think that Rick's concern is over the family and what the eventual outcome will be for the family. As you get closer to trial, you start to weigh the options and weigh the odds and the resources the federal government has."


With all due respect, the jails are full of people who don't believe they did anything wrong. That by itself means nothing. I certainly hope that what we've got here is the feds using one guilty person to put the screws to two others, but we'll have a better idea of that soon. What we probably won't have soon is the start of this trial, as I'm sure the defense will renew motions to move the proceedings elsewhere. Stay tuned.

Posted by Charles Kuffner
Rowling about to embark on Book Seven

JK Rowling will begin work on the last Harry Potter novel on January 15.


2006 will be the year when I write the final book in the Harry Potter series. I contemplate the task with mingled feelings of excitement and dread, because I can't wait to get started, to tell the final part of the story and, at last, to answer all the questions (will I ever answer all of the questions? Let's aim for most of the questions); and yet it will all be over at last and I can't quite imagine life without Harry.

However (clears throat in stern British manner) this is no time to get maudlin.

I have been fine-tuning the fine-tuned plan of seven during the past few weeks so that I can really set to work in January. Reading through the plan is like contemplating the map of an unknown country in which I will soon find myself. Sometimes, even at this stage, you can see trouble looming; nearly all of the six published books have had Chapters of Doom. The quintessential, never, I hope, to be beaten Chapter That Nearly Broke My Will To Go On was chapter nine, 'Goblet of Fire' (appropriately enough, 'The Dark Mark'.)


Despite all her protestations, I can't quite see this as being the true end of the Harry Potter universe. Even if the series ends in a way that would preclude further sequels (for example, if Harry dies, or if Book Seven has a coda that takes us through the adult lives of the main characters), I suspect there will be a strong demand for stories involving just about any other characters of interest. People still buy "Star Trek" novels and comics, after all. The main question is what will Rowling allow to happen to her intellectual property, since Lord knows she won't need the money. But first, we need to see how this plotline ends. Stay tuned.

Posted by Charles Kuffner
December 27, 2005
Psst...Wanna buy a used rollercoaster?

I feel it is my duty to inform you that much of AstroWorld is for sale via auction, with bidding to take place January 6-8 starting at 9 AM Friday at the now-former park's Kirby Drive location. What you might care to do with Greezed Lightning or XLR8, or where you might want to keep them, is none of my business. I may have to check this out for some of the collectibles, though I daresay I'll be priced out of any auction pretty quickly. Click over and see for yourself what's available. Thanks to Houstonist for the catch.

Posted by Charles Kuffner
Music industry turmoil watch

Couple of interesting articles about the state of the music industry and how some people are looking for new ways to do business in it. First, from the Chron, this piece on all-digital record labels.


In 1978, Devo frontman Gerald Casale spotted his band's debut LP in a record store bin for the first time. He was struck by an undeniable thought: The band had made it.

"It's what you've been busting your butt for, and finally it happens," Casale said.

Seeing the latest release by his new group hit a virtual bin as a digital file on Apple Computer's iTunes Music Store was less than exciting by comparison.

"This time it's like window shopping," Casale said.

His new music is distributed by Cordless Recordings, a new breed of label that has dumped CDs and other traditional formats in favor of offering music only online. The strategy is meant to cut the cost of catapulting a new artist to fortune and fame by tapping the medium where young fans are finding music — online.

"When you look at the cost of a major label signing an artist, it costs about a half-million dollars," said Jac Holzman, who founded Elektra Records in 1950 and now oversees Cordless, a unit of Warner Music Group. He said Cordless does it for "significantly less," but wouldn't be more specific.

[...]

Since its launch a year ago, Universal Music Group's UMe Digital has put out several online albums, extended play recordings and singles by artists such as Posies co-founder Ken Stringfellow and singer-songwriter Will Owsley.

"The philosophy is to get artists who have a fan base and continually tour and just give them an avenue where they can release music on their timetable," said Jay Gilbert, senior director of new media for the label.


The thought that went through my head as I read this story was "You mean, the major labels are just now doing this sort of thing?" Who knows how far along this concept could have advanced if the industry had recognized the change in market conditions and worked to adapt their business models, instead of suing their customers as a last-ditch effort to keep doing what they've always done.

Over in the NYT, there's this article on independent labels and how they've largely weathered the slowdown in CD sales.


Exploiting online message boards, music blogs and social networks, independent music companies are making big advances at the expense of the four global music conglomerates, whose established business model of blockbuster hits promoted through radio airplay now looks increasingly outdated.

CD and digital album sales so far this year are down 8 percent compared with the same period a year ago, according to Nielsen SoundScan data. And while sales of digital tracks through services like iTunes have risen 150 percent, to well over 320 million songs this year, that rise is not enough to offset the plunge in album sales. Overall sales are down less than 5 percent if the digital singles are bundled into units of 10 and counted as albums, according to estimates by Billboard magazine.

Still, despite the slide, dozens of independent labels are faring well with steady-selling releases by, among others, the Miami rapper Pitbull and the indie bands Hawthorne Heights, Bright Eyes, Interpol and the Arcade Fire. Independent labels account for more than 18 percent of album sales this year - their biggest share of the market in at least five years, according to Nielsen SoundScan data. (If several big independent companies whose music is marketed by the major music labels distribution units are included, the figure exceeds 27 percent.)

The surge by independents comes as the four dominant music conglomerates - Universal Music Group, Sony BMG Music Entertainment, Warner Music Group and EMI Group - find themselves hamstrung in their traditional ways of doing business by an array of forces, including a crackdown on payola (undisclosed payments made to broadcasters in exchange for airplay).

In a world of broadband connections, 60-gigabyte MP3 players and custom playlists, consumers have perhaps more power than ever to indulge their curiosities beyond the music that is presented through the industry's established outlets, primarily radio stations and MTV.

"Fans are dictating," said John Janick, co-founder of Fueled by Ramen, the independent label in Tampa, Fla., whose roster includes underground acts like Panic! At the Disco and Cute Is What We Aim For. "It's not as easy to shove something down people's throats anymore and make them buy it. It's not even that they are smarter; they just have everything at their fingertips. They can go find something that's cool and different. They go tell people about it and it just starts spreading."


What a concept, huh? They always told me in economics class that full access to information is a necessity for a truly free market. Nice to see it in action here.

Posted by Charles Kuffner
Filing news: Two more for SD18

The Republican field for the now-open SD18 seat has gotten more crowded as State Rep. Glenn Hegar of Katy and a veterinarian from Wharton named Dwight King have jumped in. Here's the Chron on Hegar:


Hegar, a rice and corn farmer, is a member of the House Appropriations Committee and a newly appointed member of the Sunset Advisory Commission.

He is one of four Republicans who have lined up to replace Armbrister in the significant race. A gain of one Republican in the Senate would give the GOP 20 of 31 seats, one short of the two-thirds majority that could prove crucial on partisan issues. Senate rules require a two-thirds vote to advance legislation.

One of Hegar's rivals in the March Republican primary will be Gary Gates, who is in the real estate and ranching business in Fort Bend County and lost two races to Hegar for the House seat he holds.

Others who have filed for the Republican nomination include David Stall of Fayetteville, the city manager in Shoreacres, and rancher-businessman Herman W. Brune of Columbus.


As I've said before, while the likelihood of the Senate going to 20-11 GOP is high, in practical terms it doesn't mean much since Armbrister was at best a sporadic supporter of Democratic initiatives. I'd just about prefer having someone like David Stall in that seat, assuming State Rep. Robby Cook declines to make the challenge here.

Don't know a thing about Dwight King - Elam has some info from the Wharton newspaper. I'll be shocked if this race doesn't go to a runoff, as it doesn't look like there's a clear frontrunner. Well, if hair quality counts for anything, it's Hegar by a mile, but beyond that, expect overtime.

No word yet on who will run to replace Hegar. Quorum Report mentions State Republican Executive Committee member Michael Franks as a possible contender. Filing deadline is in a week, so we'll know soon enough.

Posted by Charles Kuffner
The Year of Blogging Dangerously

It may be a little early for year-end wrapup stuff, but the National Journal's William Beutler has one anyway that was worth the read. Check it out. Or, alternately, go read who won the first annual Kippie Awards. That one comes with the standard beverage warning, so be prepared.

Posted by Charles Kuffner
Making the case for Blyleven

If you've read this site for awhile, you know that I firmly believe that Bert Blyleven belongs in the Hall of Fame. His vote total has crept steadily upwards every year, but he's still only a bit closer than halfway there (he got about 40% of the vote last year). This year, without any locks for enshrinement among the newcomers to the ballot, some people who do the actual voting seem to be taking a closer look at his credentials, and coming away rethinking past reluctance. Here's a series of articles from the Baseball Analysts blog from before Christmas on the Compleat Case for Bert Blyleven. If that's still not enough for you, here's a twofer from Jay Jaffe to take you across the finish line. If you're still not convinced, I don't know what else to day.

Posted by Charles Kuffner
December 26, 2005
Justice denied

I'm going to join with Tom here in a little Richard Justice-bashing for his lame column today.


If people keep reminding Tim Purpura he has been on the job 14 months without acquiring a player of consequence, he's going to feel compelled to do something stupid.

Maybe that's why he offered Nomar Garciaparra $6 million. That's a lot of money for a player out much of the last two seasons with injuries.

Maybe that's also why there are reports Purpura would be willing to trade Brad Lidge.

If Purpura had signed Garciaparra, the next move should have been docking him a month's pay. If he trades Lidge, he should be fired.

Money is too tight to throw at a player with a history of breaking down. And trading Lidge would be so monumentally stupid, it's almost beyond discussion.

Sure the Astros need a hitter. Before they run out and get one, they'd better take stock of what they have.

Their bullpen is a strength. With Chad Qualls, Dan Wheeler and Lidge, they have the seventh, eighth and ninth innings taken care of on most nights.

Go ahead and get rid of one of baseball's best closers. Start watching the other guys try to do what he did. Pitching the eighth is different than pitching the ninth. Ask Octavio Dotel.

Truth is, a left-field platoon of Luke Scott and Chris Burke might be as productive as Garciaparra.

The Astros are still in transition. They still don't know how good Willy Taveras, Jason Lane and others are going to be. This season will be about them attempting to adjust to pitchers who have seen enough to exploit their weaknesses.


Where to start? First, the case for and against Nomar Garciaparra goes beyond the injury risk, which is real and reasonably worrisome. The thing about Nomar is that if he were healthy, he'd probably do pretty well at Minute Maid Park, which is a pretty friendly place for right-handhed hitters. As Joe Sheehan pointed out, Nomar has hit a lot better at Fenway Park the last three years than he has on the road. It's not at all unreasonable to assume that he'd perform similarly at the Juice Box, and for $6 million, that seems like a decent risk-to-reward ratio. I'll say this: A healthy Nomar would have a much better year in Houston than he will in Los Angeles. It's not unrealistic to worry about paying for someone who's only played 143 games the last two seasons, but the question to ask is whether a half season of Nomar would still be more productive than a full season of Luke Scott and Chris Burke. It's not at all clearcut to me that it wouldn't.

We may not know how good the likes of Burke, Scott, and Willy Taveras may be, but there are various projection systems that can give you a rough but decent idea. Despite the hype for Taveras, players like him historically don't generate a lot of value, and there's a real chance he could turn into a world-class outmaker. The upside for a guy like Taveras is that he adds enough points to his batting average that his low walk rate (25 in 592 at-bats) and lack of power (13 doubles) don't drag him down past the point of usefulness. The downside is too gruesome to contemplate, but on a good overall offensive team, you could maybe hide him for while he's a good fielder. In other words, the Yankees could have used him, but the Stros need to keep an open mind.

Still, the best bit of unintentional comedy is "Pitching the eighth is different than pitching the ninth. Ask Octavio Dotel." Why not ask Lidge himself? Who do you think was pitching the eighth inning while Dotel was struggling as the Astros' closer? The fact of the matter is that very few 80-inning-per-year pitchers are worth the kind of money that routinely gets thrown at guys who've claimed the vaunted "Closer" label. The Astros may not have gotten much for their trade of Billy Wagner, but dumping his salary made all kinds of sense. Brad Lidge is a heck of a pitcher, but he's sure to be overpaid very soon now. Flipping him for a bat would certainly be reasonable and may very well be a steal. Besides, that would mean a promotion for Chad Qualls, and it'd be worth it to see Lair do the Happy Dance. Saying that the idea of moving Lidge is beyond discussion is what's really stupid.

Justice can be a smart guy when he wants to, but efforts like this one remind me why I prefer to consume my serious sports news from other sources.

Posted by Charles Kuffner
Where will we put all the people?

I like a good article about the future of growth in Harris County as much as the next guy, but I'm a little bugged by this one. I'll tell you why after the usual excerpt:


Over the next 30 years, most of Harris County's remaining open space will succumb to subdivisions, office buildings and shopping centers where millions of new residents will live and work, projections by local planners show.

The spread of development, particularly west and northwest of Houston, is among the more striking trends shown in preliminary population and job growth projections developed by the Houston-Gal-
veston Area Council for the eight-county Houston region.

The potential loss of open space alarms conservationists and others concerned about suburban sprawl. It is among the factors driving an effort by business and civic leaders to find different ways to accommodate the region's anticipated growth.

While continuing to support the economic benefits of new development, local leaders increasingly are seeking strategies to protect the environment and reserve land for parks and recreational use.


The problem with this piece is that not a single "local leader", at least of the elected variety, is quoted in it. I'm happy to see people like Robin Holzer get called for a quote in any article that talks about transportation projects and their effect on where development gets planned, but without a few words from the likes of Harris County Judge Robert Eckels, there's no way to measure how seriously what she says is being taken. Maybe Eckels, or anyone else associated with Harris County Commissioners' Court, was not available for comment - it was Christmas yesterday, after all - but without knowing what they think about this, I can't judge whether to be alarmed, relieved, angry, or something else. I guess for now the best I can hope for is a followup piece with the reaction from the "local leaders" that's so clearly missing here.

Oh, well. It could be worse. At least we're not in danger of sinking into the Gulf of Mexico. Not yet, anyway.

UPDATE: Tory weighs in.

Posted by Charles Kuffner
It's still Christmastime for polluters

Why is it that polluters have such an easy time of it? They can always count on a little help from their friends in the Legislature.


The majority of Houston-area lawmakers in the Texas House voted against legislation intended to protect the public from toxic air pollution, a Houston Chronicle analysis of 2005 voting records has found.

The five rejected amendments would have made the state's health screening levels for pollution more strict, required companies to continuously monitor emissions and set fines for the periodic releases known as "upsets" that plague fence-line neighborhoods.

Yet 20 of 34 representatives in the eight-county region, where toxic pollution problems have been well-documented, particularly along the Houston Ship Channel, voted to table these actions.

All 20 of the dissenters are Republicans, some of them representing industrial districts such as Pasadena, Baytown and Seabrook, where people and industry exist side by side.

Typically, a party-line vote on legislation to increase regulations on industry would not be surprising. However, legislators during this year's regular session were presented with increasing evidence that toxic pollution was a problem locally and that Houston residents were more concerned than ever about its impact on health.

"These numbers are shocking when you consider the myriad of air issues facing the Houston area," said Colin Leyden, executive director of the League of Conservation Voters. The League recently reviewed votes on three of the amendments as part of its annual Scorecard; the Chronicle analysis revisited and expanded upon the group's effort.

[...]

Democrats who backed the amendments were banking on that momentum continuing into the session. It didn't.

The issue "was certainly brought to the forefront for Houston legislators, especially. I was hoping that there might be enough pressure building that there would be some support behind these efforts," said Rep. Craig Eiland, D-Galveston, the only Democrat to not vote to keep all five amendments in House Bill 1900, legislation that streamlines the reporting of pollution.

"You are still having to overcome industry opposition," Eiland said. "Industry still has a lot of say-so, even in areas like this, where public health and quality of life are at issue."

Rep. Toby Goodman, R-Arlington, whose tabled amendment would have lowered the levels the state uses to screen pollution's health effects, agreed.

"I didn't need many more votes. I am a mainstream Republican member and a lot of mainstream Republicans follow me," Goodman said. "I get closer than anyone else, but I still don't win. Industry is the reason you don't win, the mindset of the members of the House against further regulation, and the misguided perception that if you vote for an amendment to clean up the air and water you are some sort of liberal activist."

[...]

The lack of support by the Houston delegation for pollution-cutting measures this year could crimp plans by Mayor Bill White, who has said he will use the Legislature as a means to improve air quality in the region.

Elena Marks, the mayor's health policy director, said the administration will work next session to change some minds.

"Ultimately, I don't think it will cut along party lines. For those for whom it is not a top priority, we have to work that much harder to educate them," she said. "I'm just not sure they have been educated on balancing out need for regulations and need for public health."


Changing minds is nice. Changing out a few legislators would also be a good idea.

Posted by Charles Kuffner
A plea for Causey?

Hope everyone who celebrated Christmas yesterday had a good one. The one piece of news from the day was this story about former Enron chief accounting officer Rick Causey talking to the feds about possibly taking a plea.


Causey has been in plea talks in the past, so it would not be a surprise to anyone should he reach an agreement with the government, said Kent Schaffer, a Houston defense attorney who has followed the case. A plea deal is unlikely to postpone the trial.

"Typically a defendant pleading out won't be grounds for other defendants to delay the trial, especially in a case like this where it was no secret negotiations would go on intermittently," Schaffer said.

[...]

"I've talked to Rick Causey myself, and I don't believe he willfully did anything wrong," said Mike Ramsey, lead attorney for Lay. "I don't believe he would agree to plead guilty to a crime when he didn't commit one."

Skilling attorney Daniel Petrocelli also cast doubt on a Causey plea.

"Over the past year, I've spent a lot of time with Rick Causey. He is an honest man and consummate professional, who worked his heart out for Enron," Petrocelli said. "He never — let me repeat — never committed any fraud or criminal conduct of any kind. He knows it, and the government knows it."

Causey's name is first on the indictment at the center of next month's trial but last on the minds of most people. As chief accounting officer he lacked the status — and the salary — of former CEO Skilling or former Chairman Lay.

But he is an essential link between the government's likely star witness, former chief financial officer Andrew Fastow, and the other two executives.

Causey and Fastow worked closely together, dividing between them the oversight of key financial and accounting operations at the energy giant.


As he has done all along, Tom Kirkendall provides a counterweight to stories about the Enron Task Force and its prosecutions. His thoughts on the possible Causey plea and how a Wall Street Journal reporter who is covering this case may be a little too vested in a particular outcome are here and here.

Posted by Charles Kuffner
December 25, 2005
Need a little Christmas?

Haul Out The Holly
Put up the tree before my spirit falls again
Fill up the stocking but deck the halls now

For we need a little christmas
right this very minute
Candles in the window
Carols at the spinet
Yes, we need a little christmas right this very minute

It hasn't snowed a single flurry
But santa dear we're in a hurry

Climb down the chimney
Turn on the brightest string of lights I've ever seen
Slice up the fruit cake
It's time we hung some tinsle on that evergreen bough

For I've grown a little leaner
Grown a little colder
Grown a little sadder
Grown a little older

And I need a little angel
Sitting on my shoulder
Need a little Christmas now

For we need a little music
Need a little laughter
Need a little singing
Ringing through the rafter

And we need a little snappy
"Happy ever after"
Need a little Christmas now


Merry Christmas, everybody!

Posted by Charles Kuffner
So long, Foley's

Yesterday was your last chance to shop at Foley's.


The fact that Foley's will become Macy's in the fall of next year means little to some people. Others might even welcome it, being able to shop in familiar stores with a new name and perhaps a different personality.

But to vast numbers of people with deep Houston roots, Foley's and holiday shopping are almost synonymous. Residents of the city and surrounding towns have special memories of driving downtown to see the Foley's Christmas window displays and entering the store to join the hustle and bustle.

"Anyone who lived here had to shop at Foley's," said Martin Kaplan, whose own family department store, Kaplan's Ben-Hur, will soon close after 92 years.

"In a sense, it's hard to imagine Houston without Foley's. Foley's has been Houston for so long."

For many locals, seeing the Foley's name fade from the holidays brings on a touch of melancholy.

"Foley's is a huge name, and you're going to see a lot of people who are sad about it," said Howard Davidowitz, chairman of Davidowitz & Associates, a national retail consulting and investment banking firm in New York.

"There are people who are loyal to Foley's. A lot of people had wonderful experiences."


I'm not much of a department store shopper, so this doesn't really affect me one way or the other. I'm just always sad to see a piece of Houston's history vanish. So long, Foley's. We'll miss you.

Posted by Charles Kuffner
December 24, 2005
Once again, Merry Christmas, Mel Torme

Every year around this time, I link to my favorite Christmas story, featuring Mark Evanier and Mel Torme. I do it because every year it's worth reading again. Check it out and see for yourself why.

Posted by Charles Kuffner
It's always Christmastime for polluters

The Galveston-Houston Association for Smog Prevention, also known as GHASP, has something to tell you. From their press release:


When chemical plants and refineries violate air pollution regulations, they can count on light fines from Texas environmental officials, according to a new study by the Galveston-Houston Association for Smog Prevention. In a review of 26 enforcement cases from the Houston region, GHASP found that the state assessed just 14% of the potential fines that it could have levied against major polluters.

"Over the past five years, the state has routinely given big breaks to big polluters," said John D. Wilson, executive director of the Galveston-Houston Association for Smog Prevention. "In several cases, the fines were hundreds of thousands of dollars less than they could have been - if the state had strictly followed its own policies."

The study demonstrated that three systematic problems at the Texas Commission on Environmental Quality contribute to the failure to collect adequate fines: lax prosecution of weak leak detection programs, breaches of the state's penalty calculation policy, and unjustifiable dismissals of enforcement cases. Though the state did assess most or all of the potential fine in some cases, that occurred only if the potential penalty was small. If the potential fine was more than $40,000, the TCEQ never collected even half of the potential fine.

"We are asking Texas to adhere to its own policies," explained Wilson, "and we want the US Environmental Protection Agency to step in and hold the state accountable for being so lenient with those companies that violate air pollution regulations."


Go here for their full report, their comment letter, and their letters requesting action by the EPA and Region 6 Enforcement Section.

Posted by Charles Kuffner
Banking on bridge

Take that, poker!


Poker may be all the rage with junior high school kids, but the two richest men in the country are betting a million dollars they have a better card game to offer young people: bridge.

That's contract bridge, the four-player card game whose popularity peaked a half-century ago and is now played largely by senior citizens, country clubbers, Microsoft founder Bill Gates and investor Warren Buffett.

The two billionaires are passionate bridge players who compete in tournaments and online under the names "Chalengr" for Gates and "T-Bone" for Buffett. Now they want to fund a program to teach bridge in schools.

Pastimes of the 1950s are already being revived among kids: Poker is popular, and schools have turned to ballroom dancing to teach teamwork.

Now Gates and Buffett have hired Buffett's bridge partner, Sharon Osberg, to start a program to teach contract bridge in junior high schools. They've anted up $1 million to fund it.

"Bill Gates and I kind of cooked it up together," says Buffett, who thinks bridge would teach kids math skills, logical thinking and how to work with others. "We hope we could get a school program someplace, where the kids were taught the game and ... develop a lot of competition between schools."

[...]


And unlike poker, there's no money involved. "We play only for glory," says Linda Granell, marketing director for the bridge league.

What bridge has over chess and poker is that it requires players to learn to work with someone else, Buffett says.

"You have to learn to understand your partner, to be tolerant, sympathetic, encouraging," he says. "Those are skills that are not bad to have in life."

If a program gets going, Buffett and Gates have promised to take on the winners of a school tournament.

"We'd go down and play the best team," Buffett says. "It would be fun for me and Bill to play the champions. And it might spur them on some."


Two minor quibbles: One, as I understand it Sharon Osberg has also been Bill Gates' partner in tournaments, and two, while ACBL events are for glory alone, one can certainly play bridge for money. Beyond that, all I can say is that I'd rather play bridge than poker any day. Your mileage may vary, but that's my game.

Posted by Charles Kuffner
December 23, 2005
Choose one channel from column A and one from column B

I've been meaning to write about all the recent news about "family-friendly" cable packages and a renewed push for "a la carte" pricing since I first saw a couple of articles on the subject in the Chron awhile back, but it turned into one of those things that I drafted and never got around to doing. With the news cycle on a bit of a break, and with this announcement by Comcast in today's paper, I figured I'd finally get to it.


No. 1 U.S. cable operator Comcast Corp. Thursday said it would offer a package of "family-friendly" channels amid mounting pressure from regulators to help parents weed out racy shows.

The package will include 35 to 40 channels, most of them comprising the basic cable tier of national and local channels.

Another 16 channels include Disney and Nickelodeon, National Geographic, the Food Network, CNN Headline News and the Weather Channel.

Analysts said the move could appease regulators' demands, but could not estimate potential demand for the package.

"It's very unclear whether consumers are going to be interested," said independent analyst Richard Greenfield. "It's still a very limited basket of channels."

Comcast's "Family" tier will be available in early 2006 at an average monthly fee of $31.20, which includes the basic cable channels, the "family" channels and the cable box.


An article in Salon two weeks ago mentioned that this sort of thing had been tried unsuccessfully before:

Though violence and sex on television has long been a hot topic in Congress, consumers have shown little interest in taking advantage of available channel-blocking technology, like the V-chip. A few years ago, satellite provider DirecTV offered a family-choice tier of about 10 channels for just $5 each month. The program was folded after a short time because there was little consumer interest. "We didn't hear anything from our subscribers that they missed in any way the stand-alone tier," a DirecTV spokesman told the trade publication Satellite Business News. In fact, no one seemed to notice the change.

Time Warner's recent offering was not warmly received.

The No. 2 operator said that in early 2006 it will introduce a Family Choice Tier of 15 largely sex-and-violence-free services. It will include Disney Channel, C-SPAN2, HGTV, CNN Headline News and the Weather Channel.

The package will be offered as a $13-a-month alternative to the expanded basic package that includes mature fare such as FX, MTV and Comedy Central.

"We selected channels that were G-rated in nature, did not include 'live' entertainment programming and which contained content that was generally perceived as acceptable for the entire family to view," Time Warner Cable CEO Glenn Britt said in a statement. While prices and packages vary in different systems, Time Warner says the average Family Choice subscriber will pay $33 a month for about 35 channels. That includes the entry-level, basic service, which usually includes as many as 20 broadcast and public service channels, and $8 for a digital set-top decoder.

By contrast, people with cable-ready TVs typically pay about $42 a month for 95 basic and expanded basic channels.

Critics are unimpressed.

"It is perfectly obvious Time Warner is deliberately offering a product designed to fail," Parents Television Council President L. Brent Bozell said in a statement. "According to Time Warner, no family should want to watch sports. According to Time Warner, no family should want to receive any news channel other than Time Warner's CNN. According to Time Warner, classic movies are not appropriate for families. And neither is religious programming."

Consumers Union's Gene Kimmelman expects few customers to jump.

"It's up to cable companies to survey their customers and see what fits their needs for a family-friendly tier," he says. Because Time Warner pays very low license fees for the Family Choice channels, the $13 fee "represents an enormous markup."


Personally, I don't quite understand the need for this kind of offering from the providers. There's plenty of existing, built-in technology to control the programming that you get. Time Warner advertises various parental control features on its website and in various spots on TV, which one can use to exclude particular shows or even entire channels. Comcast has them, too, as does DirecTV. So does TiVo, which includes the ability to tell the recorder to ignore certain channels; if you use your TiVo remote for your surfing, as I do, you can make it so you never see those channels.

And, you know, not to put too fine a point on it, but one could always simply not get cable, or not have a TV, or at the very least not put a TV in the kids' rooms, so whatever it is they're watching you'll be able to see, too. One can also ensure that one's own taste in TV and movies has a positive effect on one's children's viewing habits.

All that said, I have a fair amount of sympathy for the argument that one shouldn't have to pay for channels that one doesn't want and would exclude if given the option to do so. Which is where the idea of "a la carte" pricing comes in. Basically, under that scheme, you pick the channels you want and pay a price based on what you've chosen, instead of picking a tiered service that includes what you want plus a bunch of other stuff. There's support for this notion on both the right and the left, but it's more complicated than that, with nontraditional supporters and rivals on each side. Slacktivist notes that the issue could drive a wedge between religious conservatives who deliver their message via radio and those whose primary vehicle is television (scroll down to "Dobson versus Robertson"), while Dwight casts it as telcos versus cable companies. Indeed, today's article sums up the angst for the current providers:


The cable industry fears a wider push for "a la carte pricing," allowing consumers to choose individual channels, would threaten its business model in which the costs of carrying more expensive programming are offset by smaller channels also paid for by consumers.

Maybe their business model is being obsoleted by technology and consumer demand, and it needs to be rethought. This way protectionism lies, and the end result of that is seldom good for customers.

What I really want to know is how the vaunted promise of real competition for cable television is going to affect this debate. I can't help but think that as was the case with ISPs and then with cellphone services, the eventual trend is going to be towards packages that provide truly unlimited access. I expect - no, I demand - that some day, when we can choose between a half-dozen or more different providers, that if some UHF station in New Jersey is running reruns of The Uncle Floyd Show that I'll be able to program my DVR to get a season pass for it. It doesn't actually matter to me if I receive anything else from that channel - I say the technology should be there so that my receiver knows where to look for that show, and can deliver it to me when I ask for it. Maybe that should be the model for all television delivery - individual shows, instead of channels, are what you subscribe to. If you can get Rocketboom on your TiVo, you should be able to get anything else that's out there. I'd go so far as to extend this concept to the premium channels. Why should I pay for a whole month of HBO if all I want to do is watch "The Sopranos"? Let me get just those shows on my TiVo, and charge me a prorated fee for it. Who knows? Maybe you'd get more subscribers that way.

If we really had this kind of freedom of choice, which is what that awful telecom bill from the last Legislative session is supposed to bring us, then you could satisfy the needs of the "family friendly" crowd as well as the TV junkies and the frugal viewers. More control, more choice; more choice, more control. What are the odds we'll get that any time soon?

Posted by Charles Kuffner
Orlando Sanchez on the comeback trail

You heard it here first, and now Kristin Mack confirms it: Two-time Mayoral loser Out Of Town Orlando Sanchez is aiming for the County Treasurer job in 2006.


The job is strictly administrative and carries no real power. The county treasurer is the chief custodian of county money and accounts for and disburses funds as directed by Commissioners Court.

Local lawmakers have tried to kill the position in the Legislature, following in the footsteps of other Texas counties and of the state itself. Texas abolished the state treasurer's position by constitutional amendment in 1995 after voters elected a treasurer who campaigned to eliminate the job.

The low-profile county job wouldn't exactly be a move up the political ladder for Sanchez. It's not a steppingstone. But the pay isn't bad at $96,000 a year.


How the mighty have fallen, eh?

"I have a record of proposing and voting on tax cuts. While the county treasurer cannot cut taxes or set budgets, he can keep you informed about the financial matters regarding our county," Sanchez wrote [to Republican precinct chairs]. "If we are going to correct a problem, taxpayers need to know about the problem."

Sanchez also drew upon a hot issue among many conservatives, saying he plans to use the office as a bully pulpit to "bring to the public's attention the financial costs of what illegal immigration is doing to our county."


For what it's worth, a search on Chron.com for "Jack Cato" (the current Treasurer) found only this article. Maybe that proves Sanchez's point that a Treasurer could keep people informed about things if he or she wanted to, and maybe it just means that nobody pays attention to a position that carries no real power. One might reasonably ask why it wouldn't be the job of the County Judge or the Tax Assessor, where the actual power does lie, to do this sort of thing. That's especially true for the bit about "the financial costs of what illegal immigration is doing to our county", which is just shameless demagoguery.

It hasn't been long since he got plenty of attention himself. Remember, this is a guy who attracted the notice of the Presidents Bush in his 2001 mayoral race. In the weeks before the runoff between Sanchez and then-Mayor Lee Brown, both George and George W. endorsed Sanchez.

The endorsements lent Sanchez credibility among Republicans and gave them hope in reaching out to the growing Hispanic population. Sanchez is Cuban-American.

Gov. Rick Perry was among other Republicans lending their names during that race, and after Sanchez lost, there was talk that he might get an appointment in Austin.

That didn't happen, though, and Sanchez failed to make the runoff in a 2003 mayoral bid. Once an up-and-comer who considered running for Congress, his contemplation of taking on an incumbent in a Republican primary isn't likely to win Sanchez friends within the party.


Actually, Sanchez did make the runoff in 2003, where Mayor White then crushed him like a bug. If this is how he plans to climb back into the limelight, I'm even more glad now than I was in 2003 and 2001 that he lost those races.

UPDATE: I've since received a copy of Sanchez's letter, which you can see here (240K Word doc).

Posted by Charles Kuffner
Wanted: Public partner

The Houston To-Be-Determineds of MLS are officially looking for that special someone to help them build their dream stadium.


The Anschutz Entertainment Group, owner of the team relocating from San Jose, Calif., would share a new stadium with Houston high school athletes under one deal being considered by school and soccer officials.

This deal calls for AEG, on its own or with financial assistance from the Houston Independent School District, to build a 20,000- to 25,000-seat venue on the site of the school district's Delmar Stadium at U.S. 290 and Loop 610.

AEG also will explore whether a school district might become a partner in building a stadium surrounded by community soccer fields — a deal comparable to one reached in the Dallas suburb of Frisco, where pro team FC Dallas plays.

"In an ideal world, we would have somebody on the public side looking at the benefit that would accrue by having this stadium and these fields," said Scott Elackmun, AEG's chief operating officer. "We are not looking for someone who would pay 100 percent of construction."


That's good, because you're not going to find anyone like that. Maybe that's unfair, given how the voters gave a bunch of money to the other three major league sports teams to build shiny new stadia, but them's the breaks. Times are different, money is tighter, and frankly fewer of those voters are likely to get fired up to vote for a soccer stadium, especially for a team that hasn't set foot in town just yet.

Oliver Luck, outgoing president of the Harris County-Houston Sports Authority and the soccer team's soon-to-be president, said he will be working hard the next several months on the logistics of playing in Houston.

Elackmun said he and Luck will begin work on a stadium deal early next year. AEG intends to take advantage of Luck's knowledge in getting sports venues built in Houston and his connections throughout the area, Elackmun said.

[...]

A huge public contribution made Pizza Hut Park, which cost $80 million, in Frisco a reality. The city of Frisco, Frisco school district and Collin County put in $55 million, and the Hunt Sports Group, owners of the team, spent at least $25 million, said FC Dallas spokesman Justin Pearson.

Bridgeview, Ill., is building a $70 million stadium for the AEG-owned Chicago Fire.

The Hudson County Improvement Authority balked this year at contributing part of the $90 million needed to construct a stadium for the MetroStars in Harrison, N.J. But local and county authorities are still making a significant contribution, Elackmun said.

They are providing the land and paying for an environmental cleanup — a $25 million contribution — as well as a $40 million parking garage, which will be used by fans and commuters, Elackmun said.

Luck said the Harris County Sports Authority will not contribute anything toward a soccer stadium.

The authority relies on hotel and car rental taxes to pay off more than $1 billion in bonds taken out to pay for the baseball, football and basketball venues. As a result, Houston has the highest hotel tax in the nation, 17 percent. County Judge Robert Eckels said the sports authority could not raise hotel taxes to fund a soccer stadium.

AEG will continue to negotiate with HISD, explore whether there's interest in a Frisco-like deal and discuss whether the University of Houston might be interested in sharing costs on a new stadium on its campus, Elackmun said. UH hopes to persuade AEG to stay at Robertson Field permanently, he said.


Tory still thinks that Reliant is the most logical solution, and that HISD and/or UH would have better things to spend their money on. I'm still agnostic on that, and will remain so until I see some particulars. I mean, if a school or school district were already in the planning stage for building a new athletic facility, it might make all kinds of sense for them to seek out a partnership with AEG. When I see a proposal in front of me, I'll make up my mind.

On a side note, Rob thinks he has found what the new team will be named, contest or no contest. That's an interesting, if somewhat obscure (at least to me) design. I'm still holding out hope for the Houston Floods, myself.

UPDATE: Houstonist is unimpressed with this rumored logo.

Posted by Charles Kuffner
December 22, 2005
What exactly is the Strayhorn campaign up to?

PerryVsWorld is right: This story is getting stranger by the day.


The story sounded familiar to Bexar County Commissioner Lyle Larson.

A top aide to Republican gubernatorial hopeful Carole Keeton Strayhorn calls the wife of Democratic hopeful Chris Bell last week trying to get Bell to abandon his bid for governor and jump into the state comptroller's race.

During the exchange, reported by the Austin American-Statesman on Wednesday, Strayhorn spokesman Mark Sanders tells Alison Bell that "there would be support" for Bell should he run for comptroller.

Larson, who heard about the story Wednesday morning from Republican strategist Frank Guerra, said the same thing happened to him about six weeks ago.

"This guy calls and says he's Mark Sanders and that he works closely with Carole Strayhorn," Larson recalled. "He tells me there's a large group of people who would like to find someone else to run for comptroller against Susan Combs."

As an enticement, Larson said, Sanders claimed the group could raise $3.5 million for his campaign and facilitate a meeting with a top staffer in the comptroller's office to give Larson a crash course in the ins and outs of the statewide post.

"I thought it was preposterous that somebody could offer $3.5 million in contributions to a person they've never met," Larson said.

Larson, who is publicly supporting Combs, a Republican, for comptroller, said he never bothered to call Sanders back because he's "never been interested in comptroller."

Sanders, who could not be reached for comment Wednesday, told the American-Statesman he did not call the Bells on behalf of the Strayhorn campaign. Instead, he said, he wanted to advise his longtime friends that they could not win the governor's race.

Robert Black, a spokesman to GOP Gov. Rick Perry, Strayhorn's chief rival, said he doesn't believe Sanders acted without Strayhorn's blessing.

"As bizarre as it is to hear that the Strayhorn camp is offering people $3.5 million to run against Susan Combs, it's very disturbing to hear they're offering state resources to get it done," Black said.


Eye on Williamson also caught this. I have some background here, while PvsW goes farther back for context. And I think he may be onto something here: I think maybe CKS figured she could keep the Comptroller gig in her back pocket if the filing deadline rolled around and things weren't looking so good for her to take out Governor Perry. Unfortunately for her, Ag Commish Susan Combs jumped in to that race way back in January, supposedly with CKS' blessing, and she'd be a strong favorite to knock CKS out there as well. What I don't know is if this is just a little vindictiveness, or if Strayhorn still thinks running as a Dem for Governor might be viable if she can clear the field a bit. On that score, I'll defer to Damon.

All I can say at this point is that if there's a next chapter in this story, I can't quite envision what it might be. Stay tuned and we'll see.

Posted by Charles Kuffner
Abramoff pleading, DeLay still waiting

Jack Abramoff is one step closer to a plea deal for both the Miami and DC cases against him.


Jack Abramoff, the Republican lobbyist under indictment for fraud in South Florida, is expected to complete a plea agreement in the Miami criminal case, setting the stage for him to become a crucial witness in a broad federal corruption investigation, people with direct knowledge of the case said.

One participant in the case said the deal could be made final as early as next week.

The terms of the plea deal have not been completed, and the negotiations are especially complicated because they involve prosecutors both in Miami and in Washington, where Mr. Abramoff is being investigated in a separate influence-peddling inquiry, participants said. Details of what he feels comfortable pleading guilty to are "probably largely worked out," the participant said, while the details of the prison sentence are less resolved.

Some of the details are still "in flux," said a participant who, like others interviewed, was granted anonymity because of the sensitivity of the talks.

"Anything can happen," the participant said, adding that the agreement could fall apart. Another person with detailed knowledge of the case said that while negotiations were continuing, the deal could take longer than another week to be settled.

But after a lengthy bargaining phase, Mr. Abramoff's lawyers and prosecutors in the Florida case appear closer to resolving several of the central issues in the plea deal, in which the defendant would receive a reduced prison sentence - most likely in the range of five to seven years, though that is fluid - in exchange for pleading guilty and agreeing to testify against his former associates.

[...]

At the same time, prosecutors in Washington have been sifting through evidence of what they believe is a corruption scheme involving at least a dozen lawmakers and their former staff members, many of whom worked closely on legislation with Mr. Abramoff and accepted gifts and favors from him. Although Mr. Abramoff is also in negotiations in that case, it is unclear whether a settlement can be reached in time for both agreements to be announced at once.


Link via TPM, which has more here and here. One thing that Josh notes is that since Abramoff has gone so long without cutting a deal, he's not in such a good position to bargain, especially since Mike Scanlon and Adam Kidan have already flipped, presumably in part so they could tattle on Abramoff. Does that mean that that "dozen lawmakers and their former staff members" is mostly lawmakers, since anything less would be presumably beneath the interest of the prosecutors, as Yglesias asks? Who knows, but it'll be fun to find out.

Meanwhile, Abramoff's good buddy Tom DeLay got more bad news from the courts again


A state appeals court has rejected motions filed by U.S. Rep. Tom DeLay to help him get a speedy trial, an essential step in the Sugar Land Republican's efforts to regain his congressional leadership post.

In an order made public today, the intermediate appeals court rejected DeLay's bid to be tried on a money laundering charge while prosecutors appeal the dismissal of a related charge accusing DeLay of violating the election code.

DeLay's attorneys said they would take the matter to the state's highest criminal appeals court.

The panel of two Democrats and one Republican also overruled a motion to expedite the appeal by shortening the time for filing briefs from the customary 20 days per side to five days.

DeLay's lead lawyer, Dick DeGuerin, said DeLay will seek emergency relief from the Court of Criminal Appeals.

"We're not through. We're going to the top," said DeGuerin.


Link via The Stakeholder. A recent Roll Call article suggests a reason why Dick DeGuerin has been so strident in his appeals rhetoric lately: It's DeGuerin's fault that the whole process is taking so long.

One Texas legal expert questioned DeGuerin’s original strategy in handling DeLay’s case. By filing a motion with Priest to dismiss the indictments brought by Earle, DeGuerin was gambling on an quick victory. But when Priest let the money-laundering charge go forward while quashing the criminal conspiracy allegation, this opened the door for Earle to file an appeal, which meant that DeLay may have to wait months for a decision.

In other words, Priest’s ruling strengthened DeLay’s legal position by stripping one of the charges lodged against him, yet hurt him politically, since the case could now drag out for months. “It was a strategic error,” said this source. “DeGuerin was not looking down the road to the appeals process.”


No one gets rich questioning DeGuerin's legal tactics, but it does seem clear that he rolled the dice here, and it came up snake eyes. Poor Tom.

And finally, I just want to make sure that you saw this:


"The time has come that the American people know exactly what their Representatives are doing here in Washington. Are they feeding at the public trough, taking lobbyist-paid vacations, getting wined and dined by special interest groups? Or are they working hard to represent their constituents? The people, the American people, have a right to know."

-- Rep. Tom DeLay (R-TX), on the House floor, November 16, 1995.


Couldn't have said it better myself..

Posted by Charles Kuffner
Filing news: There's more than one race?

Well, what do you know? The Chron actually printed a story about a Congressional race that affects a segment of its readership and has nothing to do with Tom DeLay. Who'da thunk it?


Lanier Middle School teacher Jim Henley gave a civics lesson Wednesday when he filed to seek the Democratic nomination in the 7th Congressional District.

Three-term incumbent Rep. John Culberson, R-Houston, is seeking re-election in the district, a largely upper-income area in west Harris County that was represented by former President Bush early in his political career.

The district's boundaries were changed in 2003 to incorporate Bellaire, West University Place and parts of the Texas Medical Center.

If he wins the March Democratic primary, and so far he's the only candidate, Henley will be the underdog in November in a district that has voted about 2-1 Republican in recent elections.

His run is motivated partly by a desire to set an example for his students. "I just thought it would be a poor example for me to allow us to lose our voice in the House of Representatives and not fight back," said Henley, who lives in one of the new sections of the district.


More of this, please. And I mean that: Don't let this be the only story about this race until it's time for the mandatory Race Profile before the November general election. Give a little effort to covering what the candidates are talking about, in this race and elsewhere. It shouldn't be just up to us bloggers to do that.

One quibble here: While it is true that as of this minute, Jim Henley is the only Democrat to have filed for CD07, it's not really accurate to say he's the only candidate. David Murff has been actively campaigning for several months now, and barring anything highly unusual, I expect he'll file shortly as well. If we can get a story out of that, and a story about how these two gentlemen are competing to be the flag-bearer against Culberson in November, I'll be thrilled.

At least we can still count on smaller papers like the Baytown Sun, which brought word of Shane Sklar's filing.


Sklar, who announced his intentions in September, is an Edna resident and farmer and rancher who formerly served as executive director of the Independent Cattleman’s Association of Texas

Sklar recently gained an early endorsement from the Texas Farm Bureau’s political action committee and has been traveling heavy throughout the district, having made several stops in Chambers County, most recently making an appearance at a Baytown Chamber of Commerce event.

“We are working hard every day to build a grassroots network that’ll reach out to every citizen in the 14th district,” Sklar said on Monday. “If people in Chambers and others counties haven’t had an opportunity to meet me yet they soon will.”


Elsewhere, Mary Beth Harrell's filing got a nice writeup in the hometown Killeen Daily Herald. Alas, it's not online, but Eye on Williamson has a scan of it for you.

CD23 contender Rick Bolanos has an event planned for his official announcement. The Jeffersonian has the details. Given the late date of this event, I sure hope it will be in concert with paying the filing fee.

Mike Fjetland takes a potshot at Tom DeLay for his 1000-signatures-equals-strength claim, but in a press release that I received said he will not challenge their validity:


In 2002 the DeLay campaign contested Fjetland's petition to be on the ballot, trying to have valid signatures excluded for technical points like dates and abbreviations. Mike's campaign was put on hold for several weeks until the courts finally verified his right to against DeLay. Political shenanigans almost left voters with no choice of candidates in 2002. "I feel very strongly that voters deserve a choice of qualified candidates." says Fjetland "I see no need to add to the legal distractions already looming over this election."

Closing out the Congressional tour, expect to hear from David Harris shortly. And remember that all of these folks, indeed all of the people you can find on the sidebar here, can use a little help during the end of the quarter.

Finally, more reverbations from the Ken Armbrister retirement announcement. First, from CapInside:


The list of potential contenders for the Senate District 18 seat includes Ben Streusand, a Houston mortgage company owner who's contributed generously to Republican campaigns including the one he waged last year in an unsuccessful bid for Congress. Three other Republican candidates had filed to seek the Senate seat before Armbrister revealed that he doesn't plan to run again after 19 years in the upper chamber and four more in the House.

Republican State Rep. Glen Hegar of Katy is weighing a possible bid for the Senate seat - and State Rep. Charlie Howard of Sugar Land confirmed Wednesday that he's being encouraged to run for the opening in the upper chamber and plans to take a look at it as well. State Rep. Geanie Morrison, a Victoria Republican who's a member of the House GOP leadership team, has been mentioned prominently as a possible successor to Armbrister, a Democrat who lives in the same town.

State Rep. Robby Cook of Eagle Lake is also being urged to join the battle for SD 18 despite the fact that he's a Democrat who would be running in a district where two-thirds of the voters have been supporting Republicans at the top of recent tickets. The prevailing sentiment among most Republicans and many Democrats for years has been that the Senate seat would be moving to the GOP column as soon as Armbrister decided to step down.


As the story goes on to say, Streusand has been greedily eying SD18 for some time now, though that didn't stop him from letting three other hopefuls cut in line ahead of him. Aaron Pena has a pointer to this story about Morrison's decision.

"Geanie spent all day (Tuesday) on the phone, talking to people who were encouraging her to run for the Senate seat," Morrison spokesman Justin Unruh said Wednesday.

"She's spending today (Wednesday) talking to family and friends and weighing all the options that will go into her decision."

[...]

Should Morrison decide to run, her opponents, thus far, in the GOP Primary would be businessman/rancher Gary Gates of Richmond, who made a failed try last year for the Texas House; rancher/writer/radio show host Herman Brune of Colorado County, who also was defeated in a 2004 attempt to win a seat in the Texas House; and David Stall of Fayette County, an activist who is battling the proposed Trans-Texas Corridor.

As of Wednesday afternoon, no Democrats had filed to run for the Senate seat.

Of course, Morrison could decide instead to seek a fourth term as representative for the Texas House's District 30, which serves Victoria, DeWitt, Lavaca, Refugio and Jackson counties.

No opponents - Republicans or Democrats - had filed as of Wednesday afternoon to challenger her in District 30.

Filing for both positions ends on Jan. 2.

"She's got some pretty big decisions to make," said Unruh. "She's looking at what's best for her district and what's best for her family."


I certainly wouldn't mind seeing some of those House seats coming open, even if all three of them are fairly solidly Republican - Hegar and Howard are a bit south of 65% red, while Morrison is a bit north of it. Of course, you have to have a candidate in place for it to matter, and so far all three of these folks are unchallenged. I will say this - if hair quality is a factor, then I give Hegar a big leg up in any race.

UPDATE: According to the Quorum Report, Morrison is staying put. Here's her statement:


"This has been one of the most difficult decisions I have ever had to make. There were many factors that I took into consideration - the two most important being my family and my constituents. I want to thank the many friends and supporters who have contacted me over past couple of days to encourage me to run for the Texas Senate. It has truly been a humbling experience. I have spent considerable time contemplating how to best balance my family commitments and my service to the people of Texas. In the end, I found that the balance I sought could only be achieved through my continued service in the Texas House."

One down, three to go.

Posted by Charles Kuffner
City Council redistricting

Ooh, I hadn't realized this:


A flood of new residents could make it necessary to create new City Council districts and re-draw all the boundaries.

Houston's growing pains are everywhere from housing to driving to voting.

"When the population of Houston increases to 2,100,000, the city has to add two new additional districts," said former City Councilman Carroll Robinson.

Over a quarter century ago, that requirement was part of a legal agreement following a lawsuit to improve minority representation on City Council.

A big question: How to count the people? We are in between a major census and have a large fluid population.

"We don't know how many from Katrina and Rita are still in the city, probably at least 100,000 or 150,000 minimum," said 11 News political expert Bob Stein.

But sooner or later, the city will add two new council seats and it seems redistricting is usually a painful process.

"The beauty of this plan is that you're not taking away, you're adding to," said Robinson.

Yes, but to get those extra seats it is likely minority voters will be taken away from existing minority districts..

"Redistricting is never very easy," said Stein.


First, though we may not have an up-to-date Census count, we do have a 2003 estimate of just over 2 million. If you assume 2.9% annual growth since 2003, which is what we've had since 2000, it works out to 2,127,942 at the end of 2005. That's without considering evacuees, which suggests to me that we ought to start drawing lines real soon now.

As for the statement that new seats would take minority voters from existing minority districts, it's not the absolute numbers that matter, it's the proportion. Every district would have to be downsized if there were 11 seats instead of 9. It's a question of how much you pull from each seat.

The Council districts right now are actually pretty compact. I know B and E look weird, but that's a function of city boundaries, not gerrymandering. That may actually make this more complicated, since it's not clear to me how you can slice and dice what's there - I think you'd have to start from scratch, and that will almost certainly cause heartburn as some traditionally-joined areas get split up.

But we'll see. To me, the real question is who has the authority to make it happen, and when? Does someone have to sue? Or can the Council simply pass a bill ordering it to happen before the 2007 elections. Anyone know?

Link via Houstonist.

Posted by Charles Kuffner
December 21, 2005
Have your people call my people

Is it just me, or does this seem more like blog fodder than a real news story?


A top aide to Republican gubernatorial candidate Carole Keeton Strayhorn called Democratic candidate Chris Bell's wife last week and suggested that Bell drop out of the governor's race and instead run for comptroller.

Strayhorn spokesman Mark Sanders said he told Alison Bell that "there would be support for him" if Chris Bell ran to succeed Strayhorn as comptroller. Sanders said that he and Alison Bell have known each other since they worked on a campaign together 15 years ago and that he wanted to advise his longtime friends that they could not win the governor's race.

Sanders said that the call was not prompted by Strayhorn or any campaign donors and that he was not trying to clear the Democratic field for Strayhorn to switch parties.

"I made this call to Alison on my own out of a sense of concern for them and their family," Sanders said. "And I did not make this call in reference in any way to the comptroller's gubernatorial campaign."

Chris Bell said that he will not run for comptroller and that there was no mention in his wife's conversation with Sanders of Strayhorn running as a Democrat.


He said, she said. I guess it's interesting if you like gossip, and if this is your kind of mill it's some decent grist, but it feels like junk food to me. I will give Jason Embry credit for this, though:

Sanders, who worked for 2002 Democratic gubernatorial nominee Tony Sanchez, said he does not think that Bell can win the governor's race because the state so strongly favors Republicans. "A Democrat will not win in 2006," Sanders said.

Asked why the same logic did not apply to the comptroller's race, in which Republican Agriculture Commissioner Susan Combs has been running for months, Sanders said he knew only that Bell could not win the governor's race.


Would somebody please hit Control-Alt-Delete on Mark Sanders? He's all locked up. Thanks.

Anyway. Eye on Williamson has a little fun with it, but the best response goes to Team Bell.


First and foremost, let me say emphatically and unequivocally that Chris is not going anywhere. Backroom maneuvering and wink-and-a-smile promises of “unnamed” financial support for a downballot run may get the chattering classes buzzing, but Chris has no interest at all in any race but this one. He’s running for governor because he’s fed up with Rick Perry’s Reign of Error and believes that our best chance to change the direction of our state is to start at the top. Chris is a fighter, and he’s not backing down one inch on this one.

Second, it’s worth noting that while One Tough Grandma was fearless enough to take on Rick Perry among Republican primary voters, she’s apparently frightened enough of Chris Bell’s strength among Democrats to want him out of the picture before considering a switch. It’s a little more validation that Chris’s optimistic New Mainstream message is resonating with Democrats across the state who are tired of Rick Perry’s failures and have no patience for candidates running as “Rick Perry lite.”

Third, it warrants mentioning that Strayhorn’s campaign, which has been floundering for months, appears increasingly desperate as we approach the Jan 2 filing deadline. Rick Perry’s continued low 40’s approval numbers are proof that there’s a clear majority out there ready to fire him next November, and its becoming just as clear that voters looking for an alternative to Perry need to start looking past Carole Strayhorn.


Ouch. Maybe CKS should be more concerned with the latest Astroturf effort than with what the Bell folks are up to. It's the race she's in, after all, even if it's not the race she's running.

And just because I loved his headline, I'm linking to Nate. A little snarkiness goes a long way, people.

Posted by Charles Kuffner
Filing news: Hammer Time

Tom DeLay has officially filed for reelection in CD22. Not exactly stop-the-presses stuff, as it would have been had he not filed, but it's news when DeLay sneezes, so this is on the Metro section front page. The only interesting bit in the story is the note that DeLay submitted petition signatures for his access to the ballot, instead of paying the $3000 filing fee as one might have expected.


Rather than pay a filing fee, the Sugar Land Republican filed by petition to the state GOP, delivering nearly 1,000 signatures from registered voters in the district, twice the number required.

"We wanted to show people the kind of support we have," DeLay said in an interview. "We had volunteers, people wanting to do something and fight back; we thought this would be a good exercise to increase our volunteer base."


I noted that DeLay was going this route some time ago, and I remain puzzled by it, despite his assertion that it's a show of strength. Look in the comments of that post and you'll see I'm not the only one. For a campaign that can drop almost three grand on "donor gifts" at the Amelia Marche Burette gift shop on Amelia Island, FL, it just seems odd that they'd choose to be frugal here. And I still don't buy the notion that getting a mere thousand names on a petition is any kind of measure of support for a guy of DeLay's stature.

I'm going to get a little grumpy at this point about the fact that this will be the biggest and most comprehensive story we're likely to get about any candidate's filing. There's filings going on all over Harris County and the surrounding area, including one for a Democratic primary here in CD07 and one in CD14 for a GOP primary that should provide an interesting contrast between the incumbent and the challenger, but all we get is this and a story about Victor Morales, whose target district is nowhere near the bulk of the Chron's readership. Go ahead, search their archives for names like Murff, Henley, Ankrum, Mynatt, or Sklar. Zippo. That's at the Congressional level. Forget the State Rep races, unless your name is Heflin. I think we deserve better than that.

Anyway. Speaking of people named Heflin, Crosby County Judge Joe Heflin has announced that he will run on the Democratic ticket to replace the retiring Rep. Pete Laney in HD85 out in West Texas. I've said that this seat is a near-sure bet to flip, but maybe it's not quite as sure as I thought:


HD 85, which Laney has represented as a Democrat for more than 30 years, is generally considered a Republican district that only needed him to retire before a GOP candidate took it. However, in the benchmark 2002 lieutenant governor’s race, Republican David Dewhurst won the seat over Democrat John Sharp with 52.5 percent over 47.5 percent.

So who knows? I'd still bet against us retaining this seat, but at least we won't give it up without a fight.

Finally, it won't get mentioned in the Chron, but Jim Henley made his official filing today at HCDP headquarters. He and David Murff will be on "Texas Politics-The Real Deal" with David Jones and Gary Polland tomorrow night at 6:30 on Time-Warner channel 17. The call-in number is 713-807-1794 if you want to ask them a question. Tune in and see who you think should be the one to take on John Culberson.

Posted by Charles Kuffner
Hot Putt Tom

It's good to be the king.


As Tom DeLay became a king of campaign fundraising, he lived like one too. He visited cliff-top Caribbean resorts, golf courses designed by PGA champions and four-star restaurants _ all courtesy of donors who bankrolled his political money empire. Over the past six years, the former House majority leader and his associates have visited places of luxury most Americans have never seen, often getting there aboard corporate jets arranged by lobbyists and other special interests.

Public documents reviewed by The Associated Press tell the story: at least 48 visits to golf clubs and resorts with lush fairways; 100 flights aboard company planes; 200 stays at hotels, many world-class; and 500 meals at restaurants, some averaging nearly $200 for a dinner for two.

Instead of his personal expense, the meals and trips for DeLay and his associates were paid with donations collected by the campaign committees, political action committees and children's charity the Texas Republican created during his rise to the top of Congress.

Put them together and an opulent lifestyle emerges.


Oh, just read the whole thing. And make no mistake, a campaign contribution to Nick Lampson will not be spent on items like these:

On R.J. Reynolds' planes, smoking is allowed and there are usually beverages and deli-style food. There's more leg room and the convenience of phones.

The smoking rule suits DeLay, who likes to chomp on cigars while golfing and reported spending at least $1,930 in PAC money on cigar- shop purchases. The cigars were reported to the Federal Election Commission as donor gifts.

DeLay's political committee also reported a $2,896 shopping spree at the Amelia Marche Burette gift shop on Amelia Island, Fla., for donor gifts. The shop carries "gourmet cookware, Sabatier cutlery and gadgets for your every need."


Indeed.

UPDATE: Did I mention that DeLay's old buddy - and frequent travel agent - Jack Abramoff is warming up his vocal cords for the Feds?

UPDATE: Juanita puts Tom's travels in graphical terms.

Posted by Charles Kuffner
Closing out the quarter with Radnofsky

One reason why you're seeing BlogAds for Barbara Radnofsky these days (a list of sites which are featuring it can be found in the comments here) is that she's not resting on her laurels during the holiday season. She's still out there, travelling and raising money for her campaign, and despite advice that this is a bad time of year to do it, she tells me she's had a fair bit of success. You can help prove that conventional wisdom wrong by clicking on one of those BlogAds or just going to her contributions page and tossing her a few bucks. Christmastime also means end-of-the-quartertime, and it'd be nice to make her FEC report look a little spiffier, wouldn't it? Richard Morrison's doing a little diary work for her, so go read to get in the right frame of mind, then pay Barbara a visit and give her a hand if you can.

Posted by Charles Kuffner
December 20, 2005
Filing news: Armbrister to retire

Democratic State Senator Ken Armbrister has announced that he will not run for reelection.


"After 38 years of public service, it's time for new challenges," said Armbrister, in a news release issued late Monday afternoon.

The senator said he has made no decisions on future plans, other than finishing his term, which ends January 2007.

Armbrister, a Democrat, was first elected to the Texas House of Representatives in 1983. Victoria-area voters sent him on to the Senate in 1986.

Rumors began circulating last month that Armbrister would not seek another term and the 58-year-old lawmaker said he would talk with family members over the holidays and make a decision.

"He's now made his decision," said Mike Sizemore, the senator's press secretary, said Monday.


Chris Elam called this correctly a few weeks ago, and he's got the story link today. As I said before, this is a district that's very likely to flip now that Armbrister is leaving, and it's likely to stay that way for awhile. This isn't that great a loss for the Dems - Armbrister voted for the DeLay re-redistricting scheme, after all - but it is a loss, with the magnitude depending on who replaces him.

On the other hand, it's not a guaranteed loss for the Dems, assuming a strong candidate steps forward. According to Bob Dunn, there may be such a person:


Democrats apparently are urging Texas District 17 Rep. Robby Cook, D-Eagle Lake, to run for Armbrister’s seat. Cook is a former Eagle Lake mayor with close to a decade’s experience serving in the state House. He couldn’t be reached by phone late Friday afternoon and didn’t return an email asking if he’ll accept the challenge.

That's sort of good news/bad news. A Cook candidacy would likely give the Dems their best shot at retaining SD18, but it would also open up a moderately red House seat, which would make it that much tougher to make a gain in that chamber. HD17 isn't quite as red as I'd first thought - I make it to be 56/44, or 54/46 if you subtract the Presidential race - but Cook was the only Dem to carry it, and he won by a fairly modest 55-45 tally last year. I'd bet on both these seats flipping if Cook tries to move up before I'd bet on both of them staying Democratic.

It's more than a bit unfortunate that Armbrister waited this long to make an announcement, as perhaps there may have been candidates ready to go for this seat and whatever else may have become available. Perhaps if Armbrister is generous with his $1.2 million campaign warchest, which both Dunn and Elam alluded to, that could salve things a bit.

Oh, and since I've gotten a request to supply some geographical information with these district-number designations:


As senator from District 18, Armbrister represents the counties of Victoria, Goliad, Refugio, DeWitt, Lavaca, Jackson, Calhoun, Gonzales, Matagorda, Wharton, Aransas, Colorado, Fayette, Caldwell, Bastrop, Washington, Austin, Waller and a portion of Fort Bend.

In other State Senate news, CapInside has an interesting story about the SD7 race in Harris County and the big advantage Dan Patrick has had by using his radio talk station and talk show to promote himself.

As an unofficial candidate for an open U.S. Senate seat for the past three months, Patrick has enjoyed a major built-in advantage with the ability to effectively advertise his bid for office at no cost to his campaign while turning his radio show into a stump speech that he's taken out on the trail for live remote broadcasts in the past few weeks. If the poll numbers he released Monday are within the margin of error or anywhere near it, it would be fair to say that the advantage he's had a popular talk show host at a station he co-owns has been huge.

Beginning next week, however, the other three candidates in the race to replace Republican State Senator Jon Lindsay should be able to expect the playing field to level somewhat when the talk show host is forced by Federal Communications Commission regulations to sign off the air with his regular program until the campaign is over once he files as an official Senate candidate the day after his last remote broadcast from a local restaurant on December 28.

But there's a catch. While FCC rules will keep Patrick's live talk show off the air as long as he's a candidate, they won't stop his station from allowing that same amount of airtime or more to be devoted to paid campaign advertising that he can accept on an unlimited basis as an in-kind contribution from his own business between the day he submits his application for a place on the ballot until the race is over at some point next year.


Pretty sweet deal, huh? Greg has the poll numbers. Celebrity does have its advantages.

Staying in Harris County, Lanier Middle School debate coach Jim Henley will file his papers for CD07 tomorrow. From the press release:


To All Lanier Debaters,Come on out and watch history being made! Mr. Henley will made his campaign for Congress official when he files for office Wednesday, December 21, at 11 AM. The filing will take place at The Harris County Democratic Headquarters, 1445 North Loop, Suite 110 (just East of the IBFW builing)There is a map link at www.hcdp.org. After the filing, which should take only a few minutes, we will head for lunch at the near by Cadillac Restuarant. There will be pictures and press, come and show your support!

I've not yet heard about the filing status of Henley's Democratic primary opponent, David Murff.

Finally, Kristi Thibault has officially entered the race to replace Moldy Joe Nixon in Harris County's HD133. From her press release:


Kristi Thibaut, a non-profit and political fundraiser, will file paperwork today for election to the Texas State House of Representatives District 133. Thibaut, a former legislative and Congressional campaign staffer, will run as a Democrat in the March 2006 primary.

"I am running to return common sense to the State Capitol", Thibaut said. "In session after session over the last several years, the folks running the show in Austin have talked a big game, but just haven't delivered for the people of Texas. The public school finance system is broken, more and more children do not have access to basic healthcare, and our property taxes are skyrocketing. It's time for a change. The people of District 133 deserve a strong, independent voice in Austin, and that's exactly what I'll be."

Thibaut (pronounced THEE-bout), is a native of Bay City and a graduate of the University of Texas-Austin. She has worked as a fundraiser for the American Heart Association, and as executive director of the Texas Youth Hunting Association, a program of the Texas Parks and Wildlife Department. Thibaut also worked as an aide to former State Representative Judy Hawley, and for former Congressman Greg Laughlin's campaign. Her most recent political work has been for Houston City Council Member Ronald Green.

House District 133 is an open seat in west Houston being vacated by Joe Nixon, who is leaving to run to replace retiring State Senator Jon Lindsay. Three Republicans have announced they will run to replace Nixon, and to date, Thibaut is the only Democrat who has filed. The district, once considered solidly Republican, is rapidly becoming politically competitive, much like neighboring District 149, which elected Hubert Vo in an upset in 2004.

Thibaut, age 41, and her husband Mark, an oil and gas professional, live in the Briargrove Park neighborhood of the district.


I'm told the website will be up soon. Stay tuned for more.

Posted by Charles Kuffner
The Kinky strategy

Via Political Wire, here's a pretty good story assessing Kinky Friedman's chances of winning the Governorship by aping the Jesse Ventura strategy from 1998. There are some major differences:


Friedman's campaign, leaning on two Ventura stalwarts, hopes to repeat Ventura's venture next year by selling Friedman as a down-home alternative and driving up voter interest, particularly among young Texans and people who have not voted (or registered to vote) in years.

There's a catch, though. Friedman faces three hurdles that Ventura did not. He has to collect thousands of voter signatures to make the November ballot, he can't count on public dollars to supplement his kitty, and he has to live with the fact that Texas, unlike Minnesota, doesn't allow voters to register at the polls on Election Day — a factor judged pivotal in Ventura's upset victory.

"Differences between Texas and Minnesota are mammoth," said Steven Schier, a political scientist at Minnesota's Carleton College.

[...]

Ventura started with an advantage by automatically qualifying for his spot at the top of the ballot because the Reform Party's U.S. Senate nominee, Barkley, won at least 5 percent of the vote in 1996. Texas law requires Friedman to raise more than 45,000 signatures from voters who sit out the party primaries — and signatures must be collected in 60 days or less this spring.

Ventura joined six candidate debates, while Friedman isn't guaranteed any opportunity to pitch and woo alongside major-party nominees.

[...]

Another Ventura edge: Minnesota's provision of taxpayer funds to candidates brought his campaign more than $325,000. The public campaign aid, not available to Texas candidates, gave Ventura the ability to borrow funds for critical TV time.

No doubt, Ventura was helped too by the Minneapolis-St. Paul TV market's serving 80 percent of Minnesota. Texas has more than 25 media markets, making statewide media outreach expensive.

By Texas standards, overall campaign spending was slight in Minnesota. Eleven candidates for governor spent less than $11 million total in 1998, compared with the more than $100 million total spent by Perry and Democratic challenger Tony Sanchez in the 2002 Texas governor's race. Ventura spent less than $1 million, with Humphrey and Coleman spending more than $2 million each.

Friedman hopes to raise $1 million before his campaign collects signatures this spring, Barkley said, and then another $6 million to $7 million to run his fall campaign — ambitious goals for any first-time candidate.

Lentz, author of "Electing Jesse Ventura, A Third-Party Success Story," says Ventura's capture of 69 percent of voters who registered on election day proved vital, adding that Ventura wouldn't have edged Coleman without tapping into more than 330,000 first-time voters.

Friedman, in contrast, could be denied late momentum among people who haven't voted in years because Texas law requires voters to register 30 days before any election.


Getting people registered to vote isn't hard, but it is tedious, time-consuming, and labor intensive. In Texas, if you've got a squadron of deputy registrars out there trawling the malls and grocery stores, you've still got to get the registration forms to the appropriate county office. You can either ask the person filling out the form to mail it in, or you can deliver them yourself within five days. This is one reason why I'm skeptical of the whole bring-out-new-voters plan. It takes a lot of effort to get people in a position to be a new voter, and there's plenty of places for the process to fall down on you.

"Kinky's biggest opponent in this race is apathy," Barkley said. "It's apathy versus Friedman. If Friedman beats apathy, he'll win."

I actually think that at this time, Kinky's biggest opponent is Carole Keeton Strayhorn. She's competing in the same disaffected-voter pool as her strategy for upsetting Rick Perry in the GOP primary, and the more successful she is with that, the fewer people who are likely to be receptive to Kinky's message will be available to sign his petition. The good news for Kinky is that if after all this, Strayhorn decides to join him on the independent trail, they at least won't necessarily be fighting for the same petition-signers. If my reading of the relevant statute is correct, signing more than one petition is not grounds for invalidating the signature.

§ 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A signature on a candidate's petition is invalid if the signer:
(1) signed the petition on or before general primary election day or, if a runoff primary is held for the office sought by the candidate, on or before runoff primary election day; or
(2) voted in the general or runoff primary election of a political party that made a nomination, at either primary, for the office sought by the candidate.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.


I would not be surpised if either Team Friedman or Team Strayhorn were to coach their signature-gatherers to tell signers that they then can't do this for anyone else. It would be a lie, but as they'd be dealing with people who don't tune in much to politics, it's a lie that will probably be believed.

In another way, Kinky's problem isn't going to be with apathy at all. As The Jeffersonian notes, there's going to be some hot primary races in Bexar County and South Texas. The less apathy there is for races like those, as well as other potentially competitive races like SD7, SD18, HD146, not to mention the statewide contests, the fewer the available signatories. Maybe after he gets on the ballot, Kinky will have to battle apathy, but until and unless he does, I think he's got other things to worry about, and I'm not sure how much control he has over them.

PerryVsWorld also comments on this story, and notes that Strayhorn is still playing it coy about how she'll run. And the Governor has filed his reelection papers, promising a "vigorous" campaign. You know what that means, so make sure your hip waders are in good condition now while there's still time.

Posted by Charles Kuffner
Yates moving to state mental hospital

Andrea Yates is about to get a change of scenery, which is a result of her conviction being overturned.


Andrea Yates, the Houston mother who drowned her five children in the family's bathtub, will soon move from an East Texas prison to a state mental hospital as she awaits a new capital murder trial.

[...]

Prosecutor Joe Owmby said today that Yates will be moved to the Rusk State Hospital, less than a half-mile away from the Skyview prison, a psychiatric unit where she's been jailed for nearly three years.

[...]

The Harris County Sheriff's Department, which is responsible for transporting Yates to the hospital and to future court appearances, is awaiting court documents before transferring Yates, spokesman Lt. John Martin. He said security concerns prohibited him from saying when Yates would be moved.

Yates' attorney, George Parnham, who has worked for months to get Yates into a state mental hospital, said he visited Yates twice last week to help prepare her for the move. While he wouldn't provide details on those discussions, Parnham said Yates is scared about the transition.

"All parties agree that she was and is mentally ill, and she needs the expert assistance," Parnham said.

Owmby said his office didn't contest the plans to move Yates.

"It's not like they are transferring her to some civilian, private care facility," Owmby said. "That is not what is going on. This is a place we send prisoners."

The 275-bed hospital treats adult patients who cannot be released without a psychiatrist's approval, superintendent Ted Debbs said. The hospital currently treats about 10 patients found innocent of crimes due to insanity, he said.

"Even though we are not a prison, we are a locked facility," Debbs said.


So, um, if this is a "locked facility" where we "send prisoners" and that's all okay by the Harris County District Attorney's office, is there any reason we can't just leave her there and spare us all the cost of a new trial? Let this be, if not the last chapter in this sad story, the last chapter for a long time. Please?

Posted by Charles Kuffner
December 19, 2005
Filing news: SD7 and more

A gentleman named Michael Kubosh has filed to run as a Democrat in the open Senate District 7. Don't know much about him right now (I understand that a campaign website is forthcoming), but I hope to hear where he stands on the Grand Parkway extension soon so that Anne will have someone to vote for after Dan "Let me study that and get back to you" Patrick gets the GOP nomination.

Mary Beth Harrell made her official filing for CD31 today and kept up her promise to stay in touch with the netroots by writing about it at Texas Tuesdays and Daily Kos. I'll say it again - if you haven't met MB Harrell, you need to.

Over in CD28, Victor Morales says he's in for the now-again three-way Democratic primary.


"What is the problem of giving the people of District 28 another choice?” the Pleasanton native asked during a swing through San Antonio. "Let the people make their choice and if it's not meant to be, I can live with it.”

The two primary combatants in the race – Rep. Henry Cuellar and Ciro Rodriguez – have been politicking for the position since Cuellar won the seat in a disputed 2004 election.

And both should have significant fundraising advantages over Morales, who plans to commute from his North Texas home during the primary campaign. There is no residency requirement for congressional candidates.

After two failed bids for Senate and one unsuccessful try at a Dallas-area House seat, Morales, 56, said he's ready for the inevitable questions that he's merely a carpetbagger who is consumed with political office.

But he says he has strong ties in the 11-county congressional district. His 82-year-old mother still lives in Pleasanton and he has a sister in Poteet.

The clincher, he said, came when his wife came to him a couple of months ago proposing to move to South Texas now that their children are all out of high school.

"I didn't know that my wife wanted to move,” said Morales, explaining why he didn't get into the race sooner.


Whatever. The Jeffersonian catches the story and notes that he was the first to have it. The Red State adds on.

Via Texas Tuesdays, we have another State Rep contender, longtime teacher Sharon Cade Davis in HD08. Says she:


"I am dedicated to cutting property taxes while establishing an equitable system of funding that adequately supports quality public education for all Texas children. I also support guaranteeing access to quality healthcare, promoting economic development, providing sufficient resources to maintain our infrastructure and protecting public safety."

"I believe in the American Dream; that our generation should live a better and richer life than that of our parents and that our children should live a better and richer life than we have. In the past few months, I have talked with many Texans who are concerned that our children might not realize that dream. Public education in Texas is under funded and lags behind most other states. Working families are struggling to meet rising health care costs. Our jobs are being outsourced and off-shored. It is time for new leadership."


HD08, currently held by Republican Byron Cook, is roughly a 65-35 district, so this is a challenge. As Cook ran unopposed in 2004, though, it's especially good to see the message being taken to places where it hasn't been heard all that much lately.

Along those lines, read Greg and Eye on Williamson. I like the way Greg says it: "I'm not looking for the next Ellen Cohen, I'm looking for the next Andrew Tran." Read his post and you'll understand.

Stace has some updates on HD127's Diane Trautman. And what would a roundup like this be without a link to the Larry Stallings blog? Go ahead, you know you want to click on it.

Finally, via the Quorum Report and the Donna Howard campaign, an interesting revelation about one of the candidates in the HD48 race.


In an email now available on the Senate Indian Affairs Committee website, it appears that political consultant Ralph Reed developed a campaign plan for Washington lobbyist Jack Abramoff to impact 2002 Texas legislative elections. Their goal was to ensure that the Tigua Indian casino was closed and remained so.

In his email, Reed actually recommends spending $90,000 per Senate district and $55,000 per House district in addition to several million for a statewide effort to help Rick Perry.

In a track apparently separate from Texans for a Republican Majority and the Texas Association of Business, Reed developed a campaign plan to try and help defeat Democratic Senators Gonzalo Barrientos, David Cain and John Whitmire. Similarly, he developed a plan to beat Democratic House candidates Bob Glaze, Debra Danburg, Jaimie Capelo and Ann Kitchen while helping House Republicans Sid Miller, Rick Hardcastle and Wayne Christian.

The overall budget for the entire campaign including statewide television, radio and direct mail to help Governor Perry totaled $3 million.

It is unclear whether the effort was ever funded.

However, on July 24, Reed sent Abramoff another email declaring "total victory". Abramoff brushed off Reed however, writing to his office staff, "forget about Ralph" and urging them to contact another lobby firm and crow about the victory.


Was there a pot anywhere in America in 2002 that didn't contain these guys' fingers? Read more here.

Posted by Charles Kuffner
I spy with my little eye

As you know, I don't normally do much blogging on national news, since there's so many other good sources for that sort of thing. But I do have to ask a question about this:


President Bush, brushing aside bipartisan criticism in Congress, said today he approved spying on suspected terrorists without court orders because it was "a necessary part of my job to protect" Americans from attack.

The president said he would continue the program "for so long as the nation faces the continuing threat of an enemy that wants to kill American citizens," and added it included safeguards to protect civil liberties.


All I want to know is this: In 2009, when President Hillary Clinton says the same thing, will the people who are currently defending President Bush's actions feel the same way? I can assure you that I'll feel the same way, which is that this is a blatantly illegal power grab that must be stopped. If you don't agree with that, I hope you'll have the intellectual honesty to support Hillary in the same way that you're now supporting Dubya.

Posted by Charles Kuffner
Leveraging podcasts for your band

Having talked about ways that a campaign can leverage blogs and blogging to its advantage, I want to point out this post by the Dark Star Gazette on a related matter.


Here's a question to consider: with peer-to-peer file sharing and podcasting causing issues within the music industry, what sorts of business models could a band use to turn those forces to its advantage instead of fighting them? Some bands are using them to release promo tracks to advertise albums, but there's another approach that bands might want to consider, especially those that do well in live concerts.

The Grateful Dead used to encourage people to record their concerts because concerts were where they made their money, not from the recordings. A lot of newer bands may be in a similar situation, especially if they have exceptionally strong stage presence. So the idea is to use podcasts to promote concert attendance: record the concerts, release the live recordings for free as podcasts, and include in each one a blurb about your upcoming concert schedule. The goal here is to develop a nationwide -- or worldwide -- following that'll come to your concerts whenever you're in town to get the live experience, something you can't send over a peer-to-peer network.


This sounds like a pretty good idea to me, and what's more, once you get people to your concert, you'll have a much easier time selling them CDs and other swag as well. More to the point, once you've got them attending your show, they'll help sell you to their friends. Anyone know if any bands are already taking this approach?

Posted by Charles Kuffner
The Grapevine Dome hotel

Here's another story about another possible model for a possibly profitable Astrodome hotel/convention center.


Grapevine, a small city on Dallas' outskirts, is home to one of the Dome's distant spawn, the Gaylord Texan Resort & Convention Center.

And this hotel may serve as a model in the search for a second life for the venerable Houston landmark that many Houstonians hope can avoid the wrecking ball.

"Gaylord Hotels have shown a good example and good business model," said Scott Hanson, president of Astrodome Redevelopment Co., which has proposed turning county-owned Reliant Astrodome into an upscale convention hotel.

"It has been a successful business model for them. We want to consider what they've done and be like them but have some unique characteristics."

With 1,511 hotel rooms constructed around a 2.5-acre main atrium and two connecting smaller atriums, the Gaylord Texan provides a bright, modern take on cavernous, domed structures.

Conventioneers stroll on walkways past restaurants, fake canyons, an Alamo façade, thousands of trees and plants, and a section reminiscent of the San Antonio River Walk.


Okay, I get that this sort of thing can succeed. I get that the Gaylord folks know their stuff. And I get that the Grapevine hotel draws a crowd, even though there's little in the piece to help me judge why that particular place is a going concern.

What I don't get, and what none of these articles have ever really answered for me, is why anyone thinks this location will be a good one for a hotel/convention center arrangement. The main objection to it, beyond the questionable economics of convention centers in the first place, is that this is a crappy location in which to stuff a whole bunch of people who'll want to go out for lunch and after-convention drinks and entertainment all at approximaterly the same time. There's no place to go that's in walking distance, unlike hotels downtown, in the Galleria area, or even in places like Greenway Plaza. The light rail will help, but speaking as someone who works one stop up from the Dome, there's not much to eat along the rail line until you get to at least the Museum District. All that in turn means lots of cars and driving for hotel guests, which is problematic because the roads that front the Dome and the Reliant Center back up easily. And who wants to drive around an unfamilar town in search of a meal? Especially since - again - there's precious little in terms of quality restaurants in the vicinity.

I know we want to do something useful with the Dome property, and maybe I'm just being excessively negative about this idea. Maybe this is the most feasible thing to do economically, I don't know. And who knows, maybe having the Dome Hotel in place would spur some commercial development in the area - Lord knows there's plenty of empty lots nearby on Main and Old Spanish Trail. I'm just saying that as things stand now, I'm pessimistic, and all the success stories from elsewhere can't do anything about that. And I see that I'm not the only one who feels this way.

Posted by Charles Kuffner
December 18, 2005
On communicating with and via blogs

Larry Stallings, Democratic candidate in HD122, has his campaign site up. I'm one of several people who've sung the praises of the Stallings campaign blog in the past. What I like about it is that it's clearly written by people who understand the form and style of blogging. Look at this post for an example. It starts with a simple hook, leads you through some evidence to get you worked up over an issue, then ties it into the race he's running, in particular the opponent he's running against. That's how you communicate with this medium, and that's how blogging can help a "completely underfunded no-name" candidate get his or her message out there. A good read will find its audience, and that's what they've got. I just hope one of the political beat writers for the Express News picks up on what they're doing over there, because it'll make for a good story.

There's another way that campaign blogs can and should be leveraged for maximal effect, and that's in how it can be used to communicate with other bloggers. I get a ton of campaign material in my inbox these days. Mostly press releases, sometimes with DOC or PDF attachments. It's clearly the intent of the sender that I and as many other media types (old media and new) who receive them that we base a piece of writing on them. Problem is, long emails need to be cut and pasted into a blog post, with hard carriage returns and sometimes beginning-of-the-line carets removed. Embedded DOCs and PDFs can either undergo the cut-and-paste routine, or I can save it to my hard drive, then upload it to my webhost and link to it there.

In either case, the amount of laber I and any other blogger in the BCC list have to do would be greatly reduced if the sender had simply put everything on a webpage to begin with, then sent me a link. Needless to say, a campaign blog is the easiest way for them to accomplish that. I've sent private replies to a couple of attached-file-senders in recent months; I figure as we enter 2006 it'd be best for me to put this in writing here as well. The Chris Bell campaign is tops at doing this, and is in my opinion the best at leveraging a campaign blog with other media (primarily but not exclusively bloggers) that I've seen. They're also effective at taking a campaign theme and responding to feedback from it.

What both of these blogs do well is give other bloggers something to talk about. Press releases have their place, and I've reprinted my share of them, but being a part of the conversation can't be beat. If that means sending different emails to bloggers and other New Meida types than you do to regular media contacts, who may prefer file attachments, and press-release-speak, then so be it. Know your audience and its tastes.

Candidates should also consider engaging bloggers who aren't necessarily on their ideological team. You're trying to persuade people to vote for you, after all, and who knows, you may score. Though I wouldn't be voting for him even if I were in SD7 and felt the need to cross over in the primary to have a say in who wins, I have to give Joe Nixon (really his campaign communications guy Jim McGrath, whom I met several months ago) credit for including me in his distribution list. This isn't a risk-free move - you have to pick your targets with some care, and you're likely to get mostly criticism, but as Oscar Wilde might have said, the only thing worse than being blogged about is not being blogged about. Given that the main conservative blogs in Houston are either not generally focused on campaigns or were founded by one of his primary opponents, Nixon didn't have much choice if he wanted to play in the game, but still he made that choice. He gave me something to talk about, I took it, and now maybe there's a few voters in SD7 who know something about his campaign that they might not have found out otherwise.

Finally, whatever the means by which a candidate communicates with bloggers, a little creativity and a dash of something new never hurts. Barbara Radnofsky recently added to her press page a set of downloadable bumper stickers and yard signs, complete with instructions for printing them from your home computer. Far as I can tell, she's the first candidate to come up with such a thing, even though when you think about it, it's forehead-slappingly obvious. Clever and cool is always worth a mention.

That's my manifesto for how a campaign should communicate with bloggers. What do you think?

Posted by Charles Kuffner
Houston city data

Metroblogging Houston has a trove of interesting factoids about our fair city, all taken from City-Data.com. Check it out.

Posted by Charles Kuffner
December 17, 2005
The soccer stadium shuffle

The Houston To-Be-Determineds of MLS have a new, temporary home for next season.


[Franchise owner] AEG also announced the team will play at the University of Houston's Robertson Stadium when the 2006 MLS season begins April 1.

UH athletic director Dave Maggard said a three-year deal will keep the team at Robertson until the end of the '08 season.

"I would guess that they would want to stay much longer (at Robertson) because they're going to save a lot of money," Maggard said.

But [AEG president and CEO Tim] Leiweke emphasized the franchise intends to use Robertson as a temporary home.

"Our goal long-term is to find a private-public partnership to build a soccer stadium complex in Houston," Leiweke said. "We have several options that are already on the table."

Leiweke did not elaborate on the options being discussed, but they are likely to include the city and a school district.


Tory and Fyre wonder why a new stadium is needed, while Rob opposes "issuing bonds to build the stadium and repaying those bonds with any kind of tax on the general public". Here's Tory:

I seem to remember somewhere in the hype around Reliant Stadium when it was built that it was designed to handle an MLS franchise too if the time came. Well, it's come. What's up? Is this just a matter of strong-arming McNair to give some concession and parking revenue rights to the MLS team? (or heck, just become the local owner they're looking for) Whatever it is, it's got to be cheaper than building a new stadium. (or, worst case, making a few modifications to the Astrodome)

I don't recall that particular piece of hype (perhaps it was about bringing World Cup matches here?), though I've no doubt Reliant could handle it. As some of Tory's commenters indicate, though, I'd bet it'd be too expensive to operate Reliant for events that draw in the 10,000-15,000 range. As for the Dome, it's been discussed before as a possibility, but in its current condition it would need some renovating. It might yet be worth considering that, but perhaps the school district tie-in makes more sense. We'll have to see what gets proposed.

As for Fyre's suggestion about Minute Maid or the Toyota Center, the former is impractical because MLB and MLS play more or less concurrently, and I'd be willing to bet that the latter is too small to fit a regulation-size soccer field in it, at least without removing any seats. The Dome is a better prosect than either of them.

UPDATE: Pete jumps on my call for team name suggestions.

Posted by Charles Kuffner
Still more delays for DeLay

Poor Tom.


U.S. Rep. Tom DeLay's hopes for a trial early next year were dealt a severe blow today when the judge put the case on hold pending an appeal by the state of the dismissal of one charge.

DeLay had asked to be tried separately on a money-laundering charge while Travis County District Attorney Ronnie Earle appeals the dismissal of an accusation that DeLay conspired to violate the election code. His two co-defendants in the alleged scheme to violate a ban on corporate contributions to Texas candidates are not seeking a speedy trial.

Senior Judge Pat Priest said in a ruling emailed to lawyers that although DeLay may be entitled to sever the counts, "to go to trial on his case alone would require at least two trials where otherwise one would suffice for all three defendants."

"Out of considerations of judicial economy, I have determined to let my decision concerning a severance of counts wait until after the Third Court of Appeals of Texas, sitting at Austin, has made its ruling," Senior Judge Pat Priest said in a email to lawyers.


To quote Tom Petty, the waiting is the hardest part. Poor, poor Tom.

More of the usual agriculture from Dick DeGuerin:


"I disagree with the judge's ruling but what I'm most upset about is that the state is being so unscrupulous about how they're doing everything they can to drag this out, make it last as long as possible," DeGuerin said.

Yes, how dare the District Attorney use the tools that the system provides him. How dare he!

Just as a point of reference, DeLay was arrested on October 20. It wasn't until November 4 that Judge Priest was installed after DeLay's successful motion to recuse Judge Bob Perkins. Priest finally ruled on DeLay's motions to dismiss the indictments on December 5. How much farther along could we be in this process if Team DeLay wasn't pumping out the paperwork? That's the way it works, so take it or leave it.

Posted by Charles Kuffner
SEIU fallout

Both Kristin Mack and Houtopia write about the City Council At Large #2 race and its future implications. Says Houtopia:


We will likely never know why SEIU chose to invest so heavily in one candidate in one race, so we can only speculate. We suspect it had less to do with the individual personalities in the race than with making a statement about its ability to influence local elections here. SEIU likely didn't expect Aiyer to survive the first round, and was gearing up to take on Poli Acosta or another of the Republicans. That he did may have been too bad as far as SEIU was concerned, but of little consequence.

In the At-Large #2 race, SEIU had an opportunity to back an underfunded candidate for an open seat and make the difference, and that's exactly what it did. Makes for good bragging to donors and sends a message that, local roots or no roots, SEIU is here now and to be taken seriously.


Both note that losing candidate Jay Aiyer filed an ethics complaint against Lovell and SEIU for these expenditures, claiming that it wasn't coordinated. I rather doubt much will come of that, for I don't think the city's enforcement of campaign regulations is all that much more robust that the Texas Ethics Commission's, but we'll know more soon.

I do have a suggestion for SEIU in the event they are cleared in this matter. You may have heard that there's going to be a trial in the coming months over allegations of improper use of corporate campaign contributions from the 2002 state legislative races. One of the arguments being advanced by the defense is that things like expenses for fundraising and polling fall under the allowed "administrative overhead" exception for corporate cash. The same law that governs how corporate cash can be spent also covers union money. Perhaps if the defense prevails in these cases, the SEIU might like to study what the Texas Association of Business did during that election cycle, and see how it can best emulate it. It wouldn't take much more than the $250K it spent this year to have an effect statewide as well. Just a thought.

Posted by Charles Kuffner
Filing news: Brownout

The on-again, off-again saga of Andy Brown in the HD48 special election has apparently ended: He's out.


Democrat Andy Brown has not lived in state House District 48 long enough to run in a Jan. 17 special election, a federal judge ruled Friday.

The winner of the election will serve the year left on former GOP Rep. Todd Baxter's term.

Brown said he does not plan to appeal Judge Sam Sparks' decision to uphold Secretary of State Roger Williams' ruling that Brown is ineligible for the January contest.

The Texas Constitution says a candidate must live in a legislative district for at least a year before being elected to represent it. Brown moved into District 48, which is in western Travis County, in May, and for months had planned to run in the March Democratic primary for the right to compete in November for a two-year term beginning in 2007.

He is eligible for that race because he will have lived in the district for a year by November.


I guess that's one less crazy scenario for HD48, though of course you could just swap "Andy Brown" and "Donna Howard" in that and have the same thing. BOR has Brown's statement.

Both State House Democratic challengers from Williamson County have made their filings. Eye on Williamson has the story on Jim Stauber and Karen Felthauser.

The hottest race in Harris County next year will be in HD134 between State Rep. Martha Wond and Demcratic challenger Ellen Cohen. Cohen will officially kick off her campaign on Thursday, January 19, 2006 on the Rice University campus. Check it out so you can meet one of the most accomplished and dynamic candidates of this cycle.

According to The Jeffersonian, State Rep. David Leibowitz is making an "important announcement" today. I too presume it's merely a reelection announcement, but adding a little drama to such things can't hurt.

Congrats to John Courage for winning the Progressive Patriot endorsement.

PerryVsWorld asks an interesting question:


Who is Gammage's political consultant? Why did Gammage file without announcing?

For a candidate with almost zero name ID, the first thing you'd want to do is get your name in the papers. If Gammage had announced first, he could've had a round of coverage across the state, and then repeated that coverage by filing. Color me puzzled.


Gammage did get some mileage out of the round of will-he-run speculation, but yes, he could've gotten more if he;d announced, then filed. On the other hand, as Eye on Williamson noted, Gammage did at least push David Dewhurst's reelection filing to also-ran news status. So I guess that's something.

Finally, the Bill White for Governor rumors won't go away. I'm going to quote from a Capitol Inside story on the subject. See if you can spot why I remain skeptical of the whole thing.


The surge of support for a gubernatorial race next year is fueled by the theory that White would have a better chance to beat Republican Governor Rick Perry in the fall of 2006 than he'd have in a duel against U.S. Senator Kay Bailey Hutchison if she were to win her party's nomination for governor over potential contenders such as Lieutenant Governor David Dewhurst in 2010. Hutchison appeared to seriously consider a campaign for governor against Perry in next year's GOP primary before electing to seek another six-year term in the U.S. Senate. Republican U.S. Senator John Cornyn, who will be up for re-election in 2008, reportedly has a watchful eye on White as a potential challenger for his post that year.

Perry's potential vulnerability isn't the only reason that some of White's supporters think he should make his move for statewide office next year instead of waiting until the governor's office is up for grabs again in 2010 or running for the U.S. Senate at the end of his new mayoral term in 2008. There are concerns that White's popularity is more likely to go down than up if he's forced to deal for four more years with the endless maze of costly problems that a city the size of Houston can expect to face in that amount of time.

[...]

White's supporters also see a race for governor in 2006 as a logical step toward a place on the national Democratic ticket in 2008. Some of the mayor's supporters think he'd make an ideal fit as a vp nominee from Texas with broad appeal on a ticket led by U.S. Senator Hillary Clinton, who's widely perceived to be the frontrunner among Democrats in the White House race at this stage of the game.

While the most successful paths to the White House for modern-day presidents have gone through governors' offices, some of White's supporters believe he's already in a strong enough position to be considered for a national ticket on the strength of his record as mayor and his success in the fields of business and law.

Texas Republicans say that Democrats are mistaken if they think they have a winning shot at Perry in next year's general election. At the same time White's supporters envision him on a national ticket, Perry's name has been mentioned as a possible candidate for vice-president on the GOP ticket in 2008.

[...]

In his public statements since the re-election victory, White and his aides have suggested that he plans to stay on as mayor for at least two more years. White's campaign finance director, Herb Butrum, confirmed that the mayor has received extensive encouragement for a gubernatorial bid but feels that he still has work to do as mayor and is concentrating on that task. White spokesman Robert Michel echoed that sentiment, saying the mayor made a commitment to the voters of Houston and plans to keep it.

"It's not going to happen," Butrum said of a White campaign for governor in 2006 before adding that the mayor is "never saying never" to future possibilities.


Putting aside all the Vice Presidential silliness (and may I say, Rick Perry on the 2008 ticket is even more farfetched than a Hillary/Bill White pairing), there are no names in this story. Hell, there isn't even an indication that the unnamed people speaking have any authority to do so. I'm a Bill White supporter. Is it news if I say he ought to run for Governor? When I see someone who has an actual connection to Bill White go on the record with this kind of talk, then maybe I'll believe it. Until then, it's all wishcasting as far as I'm concerned.

Posted by Charles Kuffner
December 16, 2005
Barton suffers heart attack

Rep. Joe Barton has been hospitalized after an apparent heart attack.


"The congressman is currently negotiating his release date with the doctor," said spokeswoman Karen Modlin.

She expects Barton will be able to go home within a few days, and added that the episode will not deter him from running for re-election next year.

Barton, 56, was rushed to George Washington University Hospital after falling ill during a late meeting at the Capitol.

He had been in a meeting with House Ways and Means Chairman Bill Thomas, R-Calif., and Senate Finance Chairman Charles E. Grassley, R-Iowa, to discuss the Medicare and Medicaid aspects of a package of budget cuts.

Barton, who is in his 11th term, chairs the powerful Energy and Commerce Committee and is a major player in many of the most controversial negotiations occupying the House.

Barton reportedly left the meeting and went to the office of the House physician, after which he was immediately put in an ambulance and taken to the hospital.


I wish him a speedy recovery so that he can be home with his family for Christmas.

Posted by Charles Kuffner
The dominoes, they keep falling

Another plea deal in L'Affaire Abramoff.


Adam Kidan's plea bargain is likely to require that he cooperate in the case against Abramoff involving the SunCruz Casinos deal and perhaps even testify against his old partner.

Kidan pleaded guilty to conspiracy and fraud; two other felony counts were dropped. He could receive up to 10 years in federal prison at sentencing March 1.

Abramoff and Kidan were indicted in August on charges of conspiracy and fraud for allegedly concocting a fake $23 million wire transfer to make it appear they were putting a significant portion of their own money into the $147.5 million SunCruz deal.

Two lenders agreed to provide $60 million in financing for the SunCruz purchase based on that false wire transfer, according to prosecutors.

Abramoff has claimed in court papers that Kidan was to blame for any irregularities in the deal and that he found out about it only later. Abramoff is scheduled to go on trial Jan. 9.


Another to follow?

The close links that Abramoff had with Ed Buckham, who runs the firm and is a former chief of staff to Rep. Tom DeLay, R-Texas, and with Buckham's partner Tony Rudy, a former deputy chief of staff to DeLay, is causing headaches for Alexander Strategy. The Justice Department's public integrity and fraud units are investigating Abramoff's lobbying activities and the possible bribery of public officials.

According to legal sources familiar with the probe, Rudy, who was a partner of Abramoff's at the firm Greenberg Traurig, may be close to a plea bargain agreement with prosecutors. Meanwhile, Buckham is reportedly being scrutinized by investigators interested in whether some clients that Abramoff shared with Alexander Strategy may have been used to help pay the $115,000 that DeLay's wife, Christine, received from Alexander Strategy over four years while serving as a consultant to the firm.


Sweet.

UPDATE: It's reached the punditocracy. Is nothing sacred?

Posted by Charles Kuffner
The Earthquakes are coming

It's official: the San Jose Earthquakes of MLS are coming to Houston.


Major League Soccer announced Thursday that the Anschutz Entertainment Group will relocate its Earthquakes franchise from San Jose, Calif., to Houston, less than four months before the start of the 2006 season.

"The move is effective immediately, and all players and coaching staff currently under contract will transfer to Houston as part of the new team," MLS commissioner Don Garber said Thursday.

AEG will make the official announcement at 10 a.m. today outside City Hall. Mayor Bill White, members of City Council and other city and county officials are scheduled to welcome the team, which will be renamed in a contest. Among those expected to attend are AEG president and CEO Tim Leiweke and team coach Dominic Kinnear.

MLS officials declined to speculate on where the team will play next season, although all signs point to the University of Houston's Robertson Stadium.

AEG did not return calls or e-mails requesting comment.

University of Houston athletic director Dave Maggard, who has held talks with the franchise's owners in the months leading to the move, also would not say whether Robertson will house the franchise on a temporary basis.

"There's a possibility," Maggard said.

MLS has said it expects to have a plan for a soccer-specific stadium in Houston carved out in the near future. Although nothing is concrete, Garber has said he would seek a public-private partnership in the building of a venue. Such a partnership would be similar to the one forged in Frisco with the city, school district and team owner Hunt Sports for Pizza Hut Park, home of FC Dallas.


Let's get the stadium issue out of the way first: If the proposal we get is another taxpayer-funded giveaway for a private venture, I will strongly oppose it. I've learned my lesson from the earlier referenda, and even if I didn't think it was a bad idea now, there's no room in the budget for that. It doesn't sound like that's what's in the works, but let's be clear about that up front.

If this "public-private partnership" is the plan, then it's a matter of the details. How much is the CIty of Houston being asked to put up, and what tangible benefit will it get in return for that? I'm willing to wait and see what that might mean, and in the meantime I'd love to get some feedback from folks in the Dallas area about the partnership-built stadium there.

Assuming there's a plan for a stadium that enough people can accept, where would it be built? John Lopez stumps for downtown.


If this franchise is going to survive and thrive, it must find a home downtown, near Minute Maid Park or on the north side of downtown. There is city and county land available in both those areas and the development all around downtown shows the power of downtown venues.

If the game is going to pique interest in casual fans and cross over into corporate Houston, the stadium must be easy to get to and within walking distance of Houston's downtown.

This is the formula that has doubled interest in the Astros in recent years.

[...]

The last thing that should happen is the eventual home stadium being put somewhere other than the heart of the local sports world. Robertson Stadium will be fine in the short term, but the longer the franchise calls Robertson home, the more industrious fans will have to become to fill it.

If the stadium is erected out where the deer and the soccer moms play — in Katy, Sugar Land, Kingwood, The Woodlands — it would limit the audience to a thin slice. Sticking it in a so-called "Hispanic" part of town would be economic disaster for the club. The Hispanic part of town, after all, is a nice way of saying barrio. Hispanics are all over town, just like soccer fans and soccer moms.


While it's true that putting a stadium in Sugar Land would make it hard for folks from The Woodlands to attend (and vice versa), that doesn't mean that the team couldn't survive there. You'll note that FC Dallas actually plays in the suburb of Frisco, for example. Maybe that's where most of the fans are, I don't know. A little marketing research before making any decisions would seem to be the wise course here.

That said, downtown does have a lot of appeal. The main question would be how expensive that would make it, since the land around there isn't cheap. Perhaps the city's contribution to the public-private partnership could be to just donate some unused property for the stadium. I could live with that.

Last but not least:


The company also will unveil a team-naming contest for the franchise. The league has retained the Earthquakes name, colors and logo for use by an expansion team in the Bay Area.

If they want to keep a similar theme for the new name, the Houston Floods would be an obvious choice. Any other takers?

Posted by Charles Kuffner
Nomination time for the 2005 Koufax Awards

It's December, and that means it's time to make your nominations for the annual Koufax Awards, which the fine folks at Wampum do every year to recognize the best and the brightest in the progressive blogging community. They've expanded the category selection for this year to adjust for the new types of blogs that are on the scene now. Read the FAQ on how the process works, and then go nominate. Your favorite blogs can't make it to Round Two if they don't get mentioned in Round One, so don't be shy.

It's also not too late to chip in to help offset their increased bandwidth costs during the voting process. Mary Beth, Dwight, and Eric do a lot of work for this, and they deserve whatever assistance you can give them.

Posted by Charles Kuffner
Eye on the Texas Tax Reform Commission

You remember the Texas Tax Reform Commission, right? They've been going around the state holding meetings to get public input on how we should do taxes in this state. Eye on Williamson has been following their progress. Haven't seen much in the papers lately, so check out these posts he's done to catch yourself up:

Texas Tax Reform Commission And The "Average Joe"

Texas Tax Reform Commission (TTRC) Meeting Dates

Gov. Perry, Robin Hood And The TTRC

The TTRC website itself is here. Check and see when they'll be meeting near you.

Posted by Charles Kuffner
December 15, 2005
Filing news: Heflin chooses, Gammage files

Big news today. First, Bob Gammage has officially filed for the Democratic nomination for Governor.


Gammage, 67, a former legislator and congressman who left the state's high court in 1995 and is now in private law practice, said his campaign will center on ousting Republican Gov. Rick Perry and his "corrupt political machine."

"This campaign is about reform. It's about opening state government and policy-making to public scrutiny, letting the sun shine in," Gammage said.

With a painting of a yacht in a tropical setting beside him, Gammage brought up several times Perry's 2004 trip to the Bahamas with wealthy campaign donors. Perry has said he discussed school finance on that trip, which he paid for with campaign donations.

"We don't need a state government run from yachts," Gammage said. "Here's my first campaign promise: As governor of Texas, I'll make policy in the state capitol. I won't be making it in the Bahamas."

[...]

The last time Gammage ran for office was 1990. Even though he's been out of office for several years, he said, he believes he is still known and thought of favorably by voters.

Bell's spokesman, Jason Stanford, said of Gammage's candidacy: "Democrats have a choice between looking into the future and reaching back into the past."


Welcome to the race, Bob. I'm a Chris Bell supporter, but I'm glad to have you here. I agree with the comment Karl-T left here: Having a contested primary means news, a reason to talk about Democratic candidates for the next four months, and a chance for both candidates to figure out early how to defend themselves against the inevitable attacks that will come later on. I hope you keep the debate clean, gentlemen, but beyond that make your case as forcefully as you can, and remember who the real opponent ultimately will be.

Meanwhile, Talmadge Heflin has made his choice, and that choice is for a rematch against Rep. Hubert Vo.


Former state Rep. Talmadge Heflin has withdrawn his application to become the Texas Lottery Commission's next executive director and instead filed Thursday to run for the seat he lost by 16 votes last year to a political newcomer.

Heflin, who applied last month at commission chairman C. Thomas Clowe's request, appeared to be a front-runner for the post. But he told The Associated Press on Thursday that he believed his skills and experience would get their best use in the Legislature.

"I made a decision that it would better serve the state of Texas and the people of House District 149 for me to run for my previous seat," Heflin said.


Once again, I say: Bring it on, Talmadge. I just want to know, is the GOP field cleared for him, or will he be challenged in the primary?

Elsewhere, there's now a three-way fight to challenge State Rep. Mark Strama in HD50, and we learn something about Darrel Reece Hunter.

Dave McNeely makes some sharp obervations about Carole Keeton "Guess what my race and affiliation are now!" Strayhorn.


Since she announced last summer she'd take on Gov. Rick Perry in the Republican primary next year, Strayhorn seems to be fumbling and stumbling. She may, in fact, be wishing she'd announced for re-election instead -- and some speculate she still might.

[...]

Strayhorn has until Jan. 2 -- the filing deadline -- to decide whether she'll stay in the race for governor as a Republican, return to the Democratic Party or run as an independent, or seek re-election.

Her campaign office says Strayhorn, who is 65, will follow through on her goal to win the GOP nomination for governor. If she does change her mind and seek another term as comptroller, she would by no means be the first ambitious pol to choose re-election over another race at the last minute. For instance, then-Agriculture Commissioner Jim Hightower backed out of a U.S. Senate race in 1990, only to get beat for re-election by Perry.

Working against the re-election idea is that current Agriculture Commissioner Susan Combs is running for comptroller, and state Sen. Todd Staples, R-Palestine,

is running for Combs' current job. Tough Grandma Strayhorn actually might lose if she and Combs go head to head.

To spectators, this is what makes Texas politics attractive. It is seldom pretty, but almost always interesting.


Seems obvious now that he mentions it, but it hadn't actually occurred to me that CKS might ultimately decide to stay put. I agree with McNeely in that I think she'd lose to Susan Combs, who's probably looking at the Governor's mansion herself in 2010 (the primary fight she'd have with David Dewhurst might actually be the battle royale everyone thought Perry vs. KBH would have been). Greg has been saying for a long time now that he doesn't see a scenario in which CKS is on the ballot as an R next November.

Still, as the article notes and as PerryVsWorld reiterates, CKS has not yet started to spend her campaign funds on TV ads. It won't be enough to take down Perry (though it should take him downa notch, and make the final score a bit more respectable), but it could be enough to give her a leg up on the lesser known Combs. So who knows?

Oh, and David Dewhurst has filed his reelection papers for Lite Guv (see the end of the Gammage story). No drama in that race, and despite some earlier buzz there's no word about a serious Democratic contender as yet.

Finally, if you're driving down US59 outside Edna on the way to Victoria, you might see this on the side of the road. Shane Sklar has a big fundraiser tonight in Victoria and another coming up soon in Austin; with a little luck, he could approach Ron Paul's tally by the end of the year. The Q4 numbers will be interesting to see, that's for sure.

Posted by Charles Kuffner
Who watches the watches?

Those crazy kids, disdaining traditional timekeeping methods for newfangled technology.


OF the eight twentysomethings chatting at a table at Luby's, half don't wear watches.

"I can get the time from my cell phone," was the main reason cited by the watchless.

To wear or not to wear is a generational thing, several said.

"My mom and dad wear watches. They're not as big into technology," said Crystal Elliers, 23, a Loyola University, New Orleans, law school student.

She and many in their 20s are married to their cell phones.

They also can get the time from a personal computer, BlackBerry, dashboard, microwave — even a refrigerator magnet.


My watch battery died last month, and I was lazy about getting it replaced, so for a couple of weeks there I too depended on my cellphone and Blackberry for the time. I got by, but I felt underdressed the whole time, so I won't be giving up my wristwear anytime soon. It's not a fashion statement or anything like that, I'm just a creature of habit, I guess. And I must say I agree totally with this statement from Timex spokesman Jim Katz.

No matter how many people use cell phones, Katz maintained, "a watch is still the best real estate for time."

It's awkward to pull out a cell phone in the middle of a meeting, he observed, and easier to subtly glance at your watch.


Yep. So who out there is going bare-wristed in favor of a geek gadget? Leave a comment and let me know.

And in the Questions That Should Maybe Be Rephrased department:


Watches are aesthetically and symbolically satisfying, [Kit Yarrow, a professor of psychology specializing in the psychology of shopping at Golden Gate University] said.

"The circular nature of a watch — the hands going around — and their meaning — marking time — are universally appealing," she said. Many watches offer their owners the chance "to enjoy a thing of beauty by simply glancing at their wrist."

"I constantly notice people feeling their watches while they're talking or admiring each other's watches, particularly men. What else do men have to play with like that?"


No comment.

Posted by Charles Kuffner
Abramoff's charity scam

Wow. There's some real potential blockbusters in this story.


Capital Athletic Foundation, a charity run by disgraced lobbyist Jack Abramoff now at the center of an influence-peddling investigation on Capitol Hill, told the IRS it gave away more than $330,000 in grants in 2002 to four other charities that say they never received the money.

The largest grant the foundation listed in its 2002 tax filing was for $300,000 to P'TACH of New York, a nonprofit that helps Jewish children with learning disabilities.

"We've never received a $300,000 gift, not in our 28 years," a surprised Rabbi Burton Jaffa, P'TACH's national director, told the Austin American-States- man. "It would have been gone by now. I guess I would have been able to pay some teachers on time."

Federal investigators have not contacted P'TACH about the grant, Jaffa said. Representa- tives of three other nonprofits that supposedly received Capital Athletic money also said they have not been contacted.

The grant-reporting discrepancy raises further questions about Abramoff's use of the foundation's finances as he built one of the most successful and well-connected lobbying practices in Washington. Abramoff's dealings already have led to the indictment of a Bush administration official, a subpoena for a GOP committee chairman and investigations by the Justice Department, Internal Revenue Service and U.S. Senate.

The discrepancy also follows e-mails between Abramoff and members of his lobbying team that say then-House Republican Leader Tom DeLay of Sugar Land wanted to raise money through Capital Athletic for an unspecified purpose. In one of those e-mails, Abramoff announced a $200,000 fundraising goal.

DeLay does not recall making such a request, his lawyer, Richard Cullen, said Wednesday. Capital Athletic's tax return does not indicate whether Abramoff reached his $200,000 goal.

But around the time Capital Athletic's tax form was filed in fall 2003, listing the $300,000 donation P'TACH says it didn't get, a DeLay-created charity called Celebrations for Children was begun with $300,000 in seed money.

Celebrations for Children was a short-lived effort to raise money for children's charities by providing donors with special access to DeLay, plus yacht trips and other enticements, during the 2004 Republican National Convention in New York. Watchdog groups protested, claiming the fundraiser violated a new ban on accumulating unlimited "soft" money, and DeLay dropped it in May 2004.

E-mails and documents released so far in the ongoing investigations do not detail where Capital Athletic's elusive $300,000 went, or if it was money raised at DeLay's behest in possible violation of federal law.

Abramoff, who knows the answers, is not talking.


It gets worse from there, so rather than me quote the whole thing you should just go read it. The key thing to take away is this:

The ultimate answers may be important for DeLay. Federal law prohibits members of Congress from requesting "anything of value" from anyone seeking official action from the House or doing business with the House. Lobbyists in particular should not be solicited, according to an ethics committee memo explaining the House Ethics Manual.

An exchange of e-mails in the summer of 2002 between Abramoff and lobbying partner Tony Rudy, DeLay's former chief of staff, demonstrate that the men were not shy about using DeLay's name to solicit money for Capital Athletic, particularly from Indian tribe clients that had proven lucrative to Abramoff's lobbying practice.

[...]

IRS spokesman Phil Beasley in Dallas, while prohibited from discussing specific cases, said charities that misrepresent tax return information risk losing their nonprofit status.

"Depending on the intent and severity, an organization or individual could find themselves under criminal investigation by the IRS," Beasley said.


Maybe DeLay took an active role in this, and maybe it was just his former staffers trading on his name, I don't know. I'm pretty sure, though, that the prospect of a full-fledged IRS investigation ought to loosen a tongue or two. Stay tuned.

The Stakeholder has some additional background, and a pointer to this report that the the other main front in the DeLay Scandal-Go-Round is reaching into Missouri. Check it out.

UPDATE: Forgot to mention this not-really-related but not-full-post-worthy story about a change in tune from the new House Ethics Committee chair regarding DeLay. "Extraordinary", indeed. Via TAPPED.

Posted by Charles Kuffner
Thanks for asking

I recently remarked that I thought the Pat Robertson/James Dobson types often get a free pass on questions of reconciling their stated religious beliefs with social justice. Turns out the Washington Post has an article on this very topic.


When hundreds of religious activists try to get arrested today to protest cutting programs for the poor, prominent conservatives such as James Dobson, Pat Robertson and Jerry Falwell will not be among them.

That is a great relief to Republican leaders, who have dismissed the burgeoning protests as the work of liberals. But it raises the question: Why in recent years have conservative Christians asserted their influence on efforts to relieve Third World debt, AIDS in Africa, strife in Sudan and international sex trafficking -- but remained on the sidelines while liberal Christians protest domestic spending cuts?


Read it for yourself and see what you think of their responses. Link via TAPPED and The Stakeholder, both of which have a few thoughts on the matter.

Posted by Charles Kuffner
SD7 notes

Couple notes on the one open seat State Senate race, SD7 here in Harris County. First, Anne Linehan has made some progress in determining where the four Republican contenders stand on the issue of the Grand Parkway extension that would cut through Spring.


So, here's the current scorecard: Peggy Hamric apparently favors the F2 segment being built through Tomball and Spring; Mark Ellis opposes it; Dan Patrick is still studying it (I assume, since I haven't heard anything more from his campaign); and I have no idea where Joe Nixon stands on the issue.

The post was prompted by her receiving a response from the Ellis campaign. I think it's a smart move by Ellis to oppose this. I believe he won't have much company with that stance, so it will therefore give him something other than immigrant-bashing as a distinguishing characteristic, and it's an inroad into a group of voters who are historically not that favorably inclined to hopefuls from the City of Houston.

As for Joe Nixon, he's found a cause to champion: Getting rid of the State Senate's blocker bill tradition, which forces a requirement that all bills get the approval of 21 Senators before coming to the floor for a vote. From a recent press release:


I want to thank the members of the State Republican Executive Committee who voted today for the resolution calling for an end to the so-called 'blocker bil'' in the Texas Senate. My fellow conservatives and I in the Texas House have repeatedly passed strong legislation to help keep Texas moving in the right direction, but too often we have seen our solid progress on key issues stall in the Senate - and I am running in Senate District 7 to change that. I am particularly appalled by an arcane rule in the Texas Senate - the Rosebush-Blocker bill - that essentially lets one-third of that body control what legislation gets passed. Today's SREC vote sends a positive, powerful signal that we can, and must, change the process in the Senate in order to deliver the results our fellow Texans expect and deserve from their Legislature.

I rather doubt that Nixon and the SREC would be this gung-ho for the demise of the blocker bill if the Democrats still controlled the Senate, but that's neither here nor there. I'm not going to defend the blocker bill on any philosophical or idealistic level. It is what it is - a tool that allows a minority faction, in this case the Democrats, to have an effect on what does and doesn't get passed. Whether you think it's a valid and legitimate tool will largely depend on your view of the legislation it's helped to thwart lately. Democracy in Texas certainly doesn't depend on its continued existence - one could argue to the contrary, in fact - but unless you think a more parliamentary style of governance is preferable, then the minority needs to have some tools at its disposal to ensure it has at least some influence, and it just becomes a question of what tools you'd allow. I will say this - if the blocker bill does eventually die, we'll see a lot more filibusters in the Senate, since that's the next most effective tool on the minority's utility belt.

Lastly, I've heard a whisper or two about a possible Democrat in the SD07 race. Nothing more than whispers, but at least there's something. When I know more, I'll let you know as well.

UPDATE: Joe Nixon also opposes having the F2 segment go through Spring.

Posted by Charles Kuffner
Kenny Boy previews his defense

Kenny Boy Lay gives full embrace to the Idiot Defense in a speech to the Houston Forum.


Just a month before his Jan. 17 federal trial on seven conspiracy and fraud charges, the former Enron chairman drew polite applause with his luncheon address titled "Guilty, until proven innocent," in part a call to arms to Enron employees to defend the honor of the company and Lay himself.

Lay quoted Winston Churchill, saying, "Truth is the great rock," and in his case, prosecutors have submerged it in a "wave of terror."

Lay promised he'll testify and asked other Enron employees to join him in creating a "wave of truth."

"Enron employees really have only two choices. Either we stand up now - and prove that Enron was a real company, a substantial company, an honest company, a company that had a vision and values ... or we will leave this horrific legacy shaped by others," he said.

[...]

Lay's talk to the Galleria-area crowd foreshadowed the defense he and his co-defendants will put forth, attacking both Andrew Fastow, Enron's former chief financial officer, and the Enron Task Force.

The former chairman of Enron told the sold-out crowd of about 500 at the Houston Forum that Enron was a great company and would still be great if not for the illegal conduct of a few - namely Fastow and his protege, Michael Kopper, who Lay said committed "despicable and criminal deeds."

"We did trust Andy Fastow, and sadly, tragically, that trust turned out to be fatally misplaced," he said. Lay said it was the misdeeds of Fastow and cohorts, hidden from Lay, that led to the company's 2001 bankruptcy and the dissolved dreams of thousands of employees.

Lay said most of what has been reported about Enron has been false or distorted, and attributed its collapse to the financial community and Enron's trading partners losing confidence in the company. He clearly signaled they will use the "run on the bank" argument Skilling made to Congress.


There's more, including attacks against the prosecution, all of which you can read here. I call this the Idiot Defense because his basic thesis is going to be that he had No Idea Whatsoever that Fastow and Kopper were stealing everyone blind. You could've paid me an awful lot less to be that incompetent as a CEO.

In both blog and column, the Chron's Loren Steffy is unimpressed. Tom Kirkendall, who's been a consistent critic of the Enron Task Force, thinks it's not so simple:


Mr. Steffy's skeptical reaction to Mr. Lay's proclamation of innocence is quite common, but misses the difference between being held responsible in civil context as opposed to a criminal one. Few people -- probably not even Mr. Lay -- would contend that Mr. Lay should not share at least some responsibilty in a civil lawsuit for Enron's demise. However, absent the state making a clear presentation of an alleged criminal act, the responsibility for Enron's descent into insolvency should be sorted out among all responsible parties in a civil lawsuit, not a criminal case against a few of the more prominent responsible parties. In that regard, the Enron Task Force's indictment (download pdf here) and current statement of its criminal case against Mr. Lay and his co-defendants (download pdf here) reveals that the Task Force's presentation of criminal charges against Mr. Lay is anything but clear. Indeed, a lack of coherence in the presentation of criminal charges against Enron-related defendants has been a recurring problem for the Enron Task Force.

In theory, I think Tom is right, but in practice, I'm not at all convinced that the civil justice system will mete out sufficient retribution for those who caused so many people to lose so much. Has anyone sued the Enron Board of Directors, who (as The Smartest Guys In The Room made clear) knew about and approved of many of Fastow's shady deals? Even if all the right people get served, I'm not convinced they'll be made to pay. It's too easy to shelter assets from judgment - OJ Simpson still has a mansion in Florida, after all. I share some of Tom's concerns about prosecutorial overreach and criminalizing normal behaviors, but I'm left wondering what else there is to do.

Anyway. I'm more than a little fascinated by Lay's call to arms of ex-Enron employees. If the comments in Steffy's blog post are any indicator, that won't go over very well. It's an interesting move, and I suppose it won't cost Lay anything if it flops, but I still think he's a little deluded to make it.

Posted by Charles Kuffner
December 14, 2005
Filing news: Richard Raymond drops CD28 bid

Well, everyone else is already on top of this story, in which State Rep. Richard Raymond has dropped his bid to unseat US Rep. Henry Cuellar in CD28. He will instead refile for his State House seat in HD42.


"Although it means I can not seek higher office at this time, it is the right and just outcome for my constituents and, I believe, all Texans," Raymond said.

Raymond said the decision will allow him to continue working to undo the controversial, mid-decade redistricting effort heavily influenced by U.S. Rep. Tom DeLay, which dramatically altered several congressional districts, including the seat now held by Cuellar.

With the Jan. 2 candidate filing deadline fast approaching, Raymond still was facing significant challenges in the race that also includes Ciro Rodriguez, the former San Antonio congressman who was ousted by Cuellar two years ago.

Raymond, who boosted his fundraising totals with $300,000 in loans earlier this year, did not want to be left in the position of having a lot of debt and then seeing the district dramatically altered by the courts in a few months, a source within his campaign said.

[...]

Colin Strother, a campaign spokesman for Cuellar, who has been leading in early polling, said he doesn't believe Raymond's decision had anything to do with the Supreme Court's recent decision to take a look at redistricting in Texas.

This is the clearest sign yet that Congressman Cuellar's unparelled accessibility in the district and innovative approach to delivering federal funds to local communities scared off a guy with $500,000 in the bank," Strother said in an e-mail.


Here's Raymond's full statement (PDF), in which he notes that he's a plaintiff in one of the lawsuits and that he expects a favorable resolution from the courts, which would mean a return to the 2002 Congressional boundaries. Personally, I think he's overly optimistic about that, but if he turns out to be right then his natural target would become CD23, which would once again contain Webb County and which incumbent Rep. Henry Bonilla nearly lost in 2002 before the remap bolstered its Republican percentages.

Other commentary comes from Aaron Pena, The Jeffersonian, Just Another Matt, Rio Grande Valley Politics, Dos Centavos, and Andre Pineda, who did the polling that was cited in this story and who has Ciro Rodriguez's statement on Raymond's exit.

Personally, I think this is good news for the anybody-but-Cuellar crowd. This should be a boon to Rodriguez's fundraising efforts, and it keeps the focus on Cuellar instead of on who should replace him. What about Victor Morales and his rumored entry? I don't have much of an idea what kind of support he'll have, but my guess is not too much. Got any more polls in your bag of tricks, Andre?

In other filing news, via the Quorum Report, State Sens. Frank Madla and Bob Deuell have made their reelection bids official. Madla has a primary challenge from State Rep. Carlos Uresti, and the winner of that gets to face Darrel Brown of Bandera County in the general. Deuell is unopposed as yet.

I noted earlier that Mary Beth Harrell has another Kos diary up. Since she also posted it at Texas Tuesdays, I thought I'd give it another plug. If you haven't met MB Harrell yet, do yourself a favor and take a moment to do so.

Finally, there's three hours left to vote for John Courage to win the endorsement and support of Senator Russ Feingold's Progressive Patriots Fund. Nick Lampson is also in the running, but since he's apparently sixth and Courage is leading, a vote for Courage should have more effect. Voting ends at midnight, so hop over and do your thing.

UPDATE: The Red State looks at the last time a redistricting lawsuit affected Texas' Congressional boundaries.

Posted by Charles Kuffner
West U Wi-Fi

Via Houstonist, the city-within-the-city of West University Place is following in Houston's footsteps by doing a study to see if a municipal Wi-Fi network would be a good idea for them.


Council members asked [City Manager Michael] Ross to negotiate the terms of the feasibility study with Red Moon Broadband, a Plano-based provider of mobile data networks that has installed Wi-Fi in a number of cities.

As part of the feasibility study, West U. would conduct a survey of residents to gauge their interest in switching their Internet service to a new network.

Red Moon representative Brian Thompson briefed council on the services the city could upgrade by switching to a wireless network.

If the city went ahead with the idea, it would then be able to select applications to add to the network, most notably involving utilities and emergency services.

But the network also would provide Internet access for West U. residents. To support the cost of installing and using the network, the city will have to know exactly how many of its residents would be willing to switch over to the new network.

[...]

One network application involves an application that allows utility users in the city to view their meters online. West U. Finance Director Walter Thomas said the city now pays about $42,000 a year for monthly meter readings. That cost would be eliminated if city employees and residents can check their meter readings through their computers.

"We'd always wanted to be able to have people read meters on demand," Thomas said. "There's no question it would create a lot of satisfaction."

Said Thompson, "It gives residents the ability to look at their own usage and actually control it. You can look at your meter and see what time of day you have the most usage, and try to curb it. It gives a lot of control to people."


Yoo hoo, Comcast, SBC, AOLTimeWarner of Borg! Why should any municipality care about your "unfair competition" whining when they can get this kind of benefit from installing their own citywide wireless network? Shouldn't they be free to deliver their services in as efficient and cost-effective manner as they can?

Thompson said he estimated the cost of installing a new network in West U. would be between $275,000-$300,000. Additionally, he estimated a cost of about $300-$400 per home.

But costs to individual users who want to switch to the network for their Internet use would be lower than what most pay now, he said.

"If Comcast and Time Warner are in the $39-$49 a month range, we're looking at the $15-$20 a month range," he said.


You can see why the big telcos are fighting this tooth and nail, of course. I can't help but think that there's a parallel here to the upheaval in the music industry. Used to be that the cost of delivering the goods was prohibitively high, but new technology has made it possible for many more smaller players to step in and undercut the big boys. Will the telcos recognize and adapt to this new market reality, or will they use legal force (in this case, legislation passed by the telcos' pet Congressman) to deny it? I believe the answer to that question is "Duh!"

There's always a dark side, of course:


Another application would allow police and fire personnel to obtain information quicker. Surveillance cameras hooked up to the network can monitor traffic, capture violations and record license plates.

As if I needed another reason to avoid driving on Buffalo SpeedtrapSpeedway.

Posted by Charles Kuffner
Strayhorn says she's not an Independent

PerryVsWorld has been all over the Strayhorn as independent rumors, going so far as to get a comment out of the CKS campaign, which was "Carole Keeton Strayhorn is a Republican candidate for Governor." The Star Telegram made the same calls and got the same answers, which leads PvW to (correctly, in my opinion) conclude that this story is dead until and unless someone goes on the record about it.

Two questions linger: Did the Perry campaign have a hand in this, and would CKS be better off going indy? As I said before, while I have no trouble believing that Team Perry could cook up something like this, I don't see how it benefits them to stir that particular pot. They've been on the attack against Strayhorn, which would seem to make the Independent storyline a sidebar at best and a distraction at worst. And though I think he'd be likely to benefit from a further dilution of the anti-Perry vote, I think there's a greater chance that CKS could siphon off just enough of Perry's otherwise-solid base to make him more vulnerable than he is now than there is that Strayhorn could win the GOP primary. In short, he's got her where he wants her, so why muck with it?

To answer the second question, I say the time for a jump has passed. To drop out of the GOP primary now, bad poll numbers and all, would be taken as a sign of weakness. Better to go down fighting and maybe try to exact a little revenge by lobbing stinkbombs from the sidelines during the general, when Perry's attention will be focused elsewhere.

Posted by Charles Kuffner
Filing news: A challenger for Grusendorf

According to the Quorum Report, a UT-Arlington professor named Diane Patrick will take on State Rep. Kent Grusendorf in the GOP primary for HD94. Here's a news article about her, and here's her official bio. One comment: That news story refers to how red HD94 is, and makes a case that the only real action will be in the GOP primary, which may see all of 3000 votes cast. HD94 is about a two-to-one GOP district, but as with Joe Crabb in HD127, the low score was achieved there in 2004 by Grusendorf himself; he collected 63.1% against Ruby Wooldridge. If we want to make Tarrant County a little more purple, we've got to start in districts like this, especially against incumbents like Grusendorf who personify the Craddick Agenda and all that's wrong with it.

Elsewhere, Hubert Vo has done his filing.


State Representative Hubert Vo today officially filed his papers for re-election, saying that it's critical to have an independent voice in Austin who can speak for the mainstream values of Texas House District 149.

"I hope to keep serving our community as we chart a new course based on our traditional values of family, fairness, and faith in the future," Vo said.

Vo said he will continue to be a strong advocate for small businesses, public schools, children's health, and property tax relief.

As a member of the House Committee on Business and Industry during his first term, Vo earned a reputation for pushing for streamlined regulations and increased consumer protections.

Vo also served on the Border and International Affairs Committee and said he looks forward to continuing to help position Houston to take advantage of new opportunities for commerce in the global marketplace.

"Our community is poised to be a regional partner with a global vision," Vo said.

Earlier this month, Vo was honored for his ongoing efforts to find food, shelter, and relief for people who were evacuated to the Houston area in the wake of Hurricanes Katrina and Rita.


Bring it on, Talmadge.

Meanwhile, two Democrats are stepping up in HD118 to replace the outgoing Rep. Carlos Uresti.


Hopefuls who have said they will file for the seat include Harlandale School Board member Joe Farias and law enforcement veteran Larry Ricketts.

Farias is a retired City Public Service employee and is serving his third term on the Harlandale board. He voluntarily resigned his position Monday night, saying it would be a conflict of interest if he sat on the board while asking for support from educators.

He said his education background will help him deal with the thorny issue of public school finance. He added that reducing property taxes is another goal of his, if elected.

"It seems like we tax the homeowner all the time. We have to explore other avenues for funds," he said.

Farias ran for City Council District 3 in 2003 against then-incumbent Toni Moorhouse and Ron Segovia, who won the election.

Ricketts is a captain in the Precinct 2 constable's office and a business owner who has run against Sheriff Ralph Lopez three times.

Ricketts and his wife own a day care center. He said he envisions promoting protection of the state's most vulnerable populations, an issue Uresti made a cornerstone of his tenure.

"I'm going to fight for the poor people's rights," he said.

On the Republican side, physician assistant Steve Salyer has filed for the seat, and George Antuna, a regional staffer for U.S. Sen. Kay Bailey Hutchison, is "seriously considering" a run.


Link via The Red State, who thinks Antuna would provide a stronger challenge than 2004 GOP nominee Steve Salyer. The Jeffersonian breaks down the numbers in this swing district, which may be tilting a bit Republican as its north side is growing faster than the south side.

By the way, Greg has been keeping count of the unchallenged Republican State House seats at Texas Tuesdays. Leave a comment there if you hear of a new candidate somewhere.

Moving over to Congress, a quick check of the Democratic filings page tells me that a fellow named Roger L. Owen will be running against redistricting beneficiary Louie Gohmert in CD01. I know nothing about Roger Owens, and Google was no help, so if you have any info here, please leave a comment or drop me a note.

Another item from The Jeffersonian is more whispering about Victor Morales jumping into the CD28 primary. Whatever, dude.

Looks like Patricia Baig may be moving from an exploration of a GOP primary challenge in CD22 to filing for the race.


Baig, who has been involved in anti-DeLay protests in the district, she entered the race because "it's time we had a good debate in this district. We're ready for a change."

Baig said she hasn't voted in a Republican primary in about 30 years because her husband's work in the oil business has kept them overseas, in remote areas where access to an absentee ballot was difficult.

The retired special education teacher said, however, that she considers herself a lifelong Republican who wants to focus on education and veterans issues.


Link via Chris Elam, who has written about Baig's lack of a Republican pedigree here.

Nate notes that Rep. Chet Edwards is positioning himself well for what will surely be a tough reelection fight in CD17. There aren't many elected offices in Texas right now that are held by Democrats but which Republicans think should be rightfully theirs, and CD17 is just about at the top of that list. Look for this race to be very expensive, and more than a little nasty.

Finally, Mary Beth Harrell is posting away again in the Kos diaries. Give it a read and a recommendation if you can.

Posted by Charles Kuffner
It's Always Christmastime For Visa

Via Grits, the Austin Lounge Lizards have chipped in to another music/animation project for Consumers Union (see here and here for earlier efforts). This one is about credit cards and the many ways in which the end users get screwed. It's called It's Always Christmastime for Visa and like everything else the Lizards do, it's amusing. Check it out.

By the way, if you want to see more of the Lizards, read this.


It's late May and I'm shooting a documentary in Colorado when an e-mail comes in asking me to contribute to a silent auction benefiting Gretchen and Jon Dee Graham's son Willie, who suffers from Legg-Perthes Syndrome, a degenerative bone disease ("TCB," Music, June 24, 2005). With Gretchen's insurance provider bankrupt, and Willie's condition pre-existing – welcome to America – the child's basically uninsurable.

What to do? In Austin's music community, the answer's easy: Band together. Up went the benefits ("Texas Platters: Live shots," Music, July 1, 2005), Freedom Records' Matt Eskey arranging for the audio/visual souvenir to be sold later. Me? I happened to wander into a radical lesbian bakery in the village where I was working. It had to be kismet – the place is only open, like, two days a week for about 15 minutes per day. While I was in there, I came across a calendar, just sitting on a table, featuring Colorado musicians naked but for their instruments. This wasn't a brand new idea: Those ladies in England took it all off to raise money, and their effort led to a Hollywood movie version of geriatric nude time-keeping devices.

But it was an idea new to Austin. I giggled at the thought of making it happen. Figured I'd call some photographer friends to shoot some musician friends. Within days of my return home, I ran into Joe Ely at a party, and he agreed to pose. With the weight of that Flatlander's "Yes, I'll strip," and with Sara Hickman signing on next, that was enough to get other folks involved. The list of who said no and how they said it (Los Lonely Boys, Patty Griffin, Kelly Willis, Charlie Sexton) is almost as exciting as those who said yes.

Those who said yes are actually more exciting, since, well, they said yes, and then they took it all off. Shawn Colvin, Eliza Gilkyson, Glover Gill, Guy Forsyth, the Small Stars, Kathy McCarty, Matt the Electrician, Michael Fracasso, Nathan Hamilton, Tosca, the New Hot Damn, Southpaw Jones, Patricia Vonne, the Austin Lounge Lizards, and the man himself, Jon Dee Graham.


I've seen their picture - as it happened, a copy of the calendar was at the Mucky Duck when I went to pick up tickets to this Saturday's Lizards show a couple of weeks ago. It must be nice for Korey Simeone to have a butt small enough to be demurely covered by a mandolin, that's all I have to say about it. If you want one of these, go here or here. Read more about the project here. It is for a good cause, and you did need a calendar for 2006, right? So go check it out.

Posted by Charles Kuffner
Will the Thrill

Jay Jaffe uses his JAWS system to evaluate the Class of 2006 hitters in this BP Premium article, and suggests that three current players on the ballot are Hall-worthy. One is Allen Trammell, whom I'd briefly pondered previously. I'm convinced now - Trammell will be on all my future ballots till he's enshrined or eliminated. The second is the controversial Albert Belle. I'm still not quite fully convinced, based on the relative shortness of Belle's career, but Jaffe makes a pretty good case for Belle based on career peak. It kind of doesn't matter, since the writers, who universally loathed Belle, will gleefully screw him in the voting. I will say that I'm with Jaffe in reminding everyone that the writers loved Kirby Puckett as a person, and he turned out to be a much bigger turd than Belle was ever accused of being.

And the third luminary? That would be Will Clark, someone who I confess I never seriously considered.


Clark fares quite well when compared to the average Hall of Fame first baseman; his JAWS score of 82.9 is comfortably above the position's standards and would rank him eighth among inducted 1Bs. He tops the likes of Tony Perez (79.8), Willie McCovey (79.2), Hank Greenberg (78.3), Harmon Killebrew (78.0), and seven other Hall first basemen, and is just behind Dan Brouthers (84.4) and Johnny Mize (84.2). He may not get in--it would be a surprise to see him outpoll Mattingly or Garvey, both of whom won MVP awards--but he is certainly no slouch.

Jaffe made some adjustments to his scoring system which actually make it a little harder to compare favorably to other Hall of Famers, so I have to give this some thought. I still don't quite see Clark measuring up in terms of career numbers, but as JAWS factors in defense, perhaps I'm giving him short shrift. It's worth talking about, in any event.

He'll be doing pitchers next. If for no better reason than morbid curiosity, I can't wait to see how Doc Gooden scores.

Posted by Charles Kuffner
December 13, 2005
More heat on Ceverha

Recently, State Rep. Pete Gallego sent a letter to former TRMPAC treasurer Bill Ceverha requesting that he resign from the board of the Employees Retirement System of Texas in light of his filing for personal bankruptcy after losing a TRMPAC-related lawsuit. He's still being dogged about this, now by State Rep. Lon Burnam, who sent the following letter regarding a potential conflict of interest for Ceverha in his role with ERS.


December 7, 2005

Ms. Carolyn Gallagher, Chair
Employees Retirement System of Texas
18th and Brazos Streets
P. O. Box 13207
Austin, Texas 78711-3207

Mr. Don Green, Vice Chair
Employees Retirement System of Texas
18th and Brazos Streets
P. O. Box 13207
Austin, Texas 78711-3207


Dear Ms. Gallagher and Mr. Green:

I am writing to formally ask that you add Mr. Bill Ceverha’s conflict of interest to the agenda for your next ERS Board meeting, December 14, 2005. I would like to address the board on why Mr. Ceverha should immediately resign his position as an ERS Board Member. I will focus my comments in this letter on Mr. Ceverha’s conflicts of interest and refrain from further comment on his bankruptcy or legal troubles (which have been communicated by multiple legislators and public interests groups, and well-documented by multiple news outlets).

Mr. Ceverha has a conflict of interest between his service as an ERS Board Member, and his for-profit lobby practice.

In 2003, Mr. Ceverha was appointed to the ERS Board. In that same year, Mr. Ceverha disclosed to the Texas Ethics Commission that he lobbied for Mr. Henry J. “Bud” Smith. On his lobby disclosure, he indicated that Mr. Smith is in the insurance business.

According to Mr. Ceverha’s own testimony during a civil lawsuit involving his role as treasurer for Tom DeLay’s indicted political action committee (TRMPAC), Mr. Ceverha was lobbying the Legislature on behalf of Bud Smith on insurance related matters in January of 2003. Mr. Ceverha acknowledged that he was lobbying the Legislature on a specific issue within the insurance industry. Mr. Ceverha stated in his deposition, “It has to do with the ability for pension funds to ensure the life of the retires and produce significant income to the pension fund at the time the retiree dies.”

By his own admission, Mr. Ceverha was lobbying for the morbid insurance scam known as “dead peasant” insurance.

During the 2003 Legislative Session, then State Rep. Kenny Marchant introduced a bill (HB 3613) that would have allowed the State of Texas to take out life insurance policies on retired state employees without their knowledge. Under the bill, the State of Texas would have been the beneficiary when our own state employees died. I cannot imagine a more grotesque or reprehensible insurance scheme.

The bill was brought to then Rep. Marchant by none other than Bud Smith, Mr. Ceverha’s lobby client. I have attached an article with quotes from Mr. Marchant and Mr. Smith, explaining in greater detail this morbid scheme.

In 2003, Mr. Ceverha lobbied the Legislature on a financial matter that would have directly impacted your agency, the same agency that he serves as a board member. How is this not a conflict of interest? Do any of your other board members have lobby contracts with clients pushing morose financial and insurance schemes that would directly affect ERS?

By his own admission, Mr. Ceverha acknowledged lobbying for a client who wanted Texas pension funds to invest in a dead peasant insurance scheme. This conflict of interest should disqualify Mr. Ceverha from serving on your board.

I hope you will grant my request, and allow me some time on December 14 (at your next board meeting) to address the entire ERS Board on this issue. Please do not hesitate to contact me if you have any questions or concerns regarding this request.

Sincerely,

State Rep. Lon Burnam


Here's a link to the article Burnam mentioned. I've also written about "dead peasant" insurance, also known as Corporate Owned Life Insurance, or COLIs. In any event, I hope Burnam gets to testify. Ought to make for a much more interesting meeting that way.

Posted by Charles Kuffner
Another delay for DeLay

Travis County DA Ronnie Earle has asked for a stay of the January trial date for Tom DeLay and the TRMPAC Triplets so he can appeal Judge Pat Priest's dismissal of one of the indictments against DeLay.


DeLay's lawyer, Dick DeGuerin, said he will oppose the motion to stay. DeGuerin last week asked Senior District Judge Pat Priest to separate the money-laundering charge and schedule a trial in January.

Priest said in an e-mail to reporters Monday night that he will hear the state's motion to stay and DeLay's motion to sever the money-laundering charge on Dec. 27.

Priest on Dec. 5 threw out charges accusing DeLay and two associates of conspiring to violate the state election code, but upheld charges of money laundering and conspiracy to commit money laundering.

The case against DeLay, John Colyandro and Jim Ellis stems from an alleged scheme to get around the state election code's ban on corporate financing of candidates.

The judge found the state conspiracy law did not apply to the election code until a year after the 2002 elections when the alleged violations occurred.

"We do not believe that it was lawful for persons to conspire to violate the election laws of Texas. This is an important aspect of the state's case and we believe the appeal could have some value as precedent," Earle wrote in a letter to Priest.

The 3rd Court of Appeals in Austin will consider the appeal, which DeLay's lawyer said could take months.


DeGuerin and DeLay's spokespeople are stamping their feet and crying that Earle's appeal is "frivolous". It's interesting how they don't seem to like it when the other side uses all the arrows in its quiver, given how much paper they've moved so far in this case. If the appeal goes through, then it won't matter that Speaker Dennis Hastert plans to keep the House in recess through January, in order to forestall leadership elections until DeLay's case is resolved. Sorry, Tom.

Posted by Charles Kuffner
What would Jesus legislate?

Via Texas Ed Equity comes this remarkable op-ed by former State Sen. and Lt. Gov. Bill Ratliff, taken from a recent speech he gave.


As opposed to the suggestion that we have too much religious influence on public policy, we actually have too little. Up to now, the application of religious principles in political debate has been mainly applied to abortion rights, same-sex marriage, intelligent design versus evolution and similar social issues.

But all too often, those Christians who take strong stands on such issues based on moral or biblical teachings do not then apply such teachings to other issues.

For instance, when considering how many poor children in Texas will be removed from the Children's Health Insurance Program in order to hold down costs to the state, they choose not to consider Christ's admonishment to "suffer the little children to come unto me."

When considering how much to reduce funding for indigent health care, Medicaid for nursing homes, child abuse protective services or special education for handicapped children, there seems to be little recognition of Christ's teaching that, "in as much as you have done it to the least of these, you have done it to me also."

All too often, these Christian admonishments are qualified to read, "Suffer the little children to come unto me - unless, of course, their needs require a vote to raise additional revenue." Or to read, "In as much as you have done it to the least of these, you have done it to me also - but you are absolved if your compassion would require you to vote for a tax bill."

There are, of course, many members of the Legislature who recognize this disconnect. They truly worry that they are not living up to the Christian principles which they espouse. However, they are caught in the dilemma of having pledged not to increase taxes, and they realize that, in order to truly apply Christian compassion in these areas, it will take additional state funding.

Once again, perhaps we need more religion rather than less. It was Christ who said, "Much is required from those to whom much is given." We even have the teaching of Christ's parable, where he tells the rich man that if he wishes to enter the kingdom of heaven, he must "go, sell everything you have, give the money to the poor, and follow me." Talk about a high tax rate!

How does a devoted Christian cut funding for needy children based on a "no new taxes" pledge while reading this passage of the Bible?


What makes this remarkable to me is that I so rarely see this theme, and those particular Bible quotes, used by someone other than a progressive Democrat, usually in the context of calling out the other side. I've long wondered why the likes of Pat Robertson and James Dobson seem to get a free pass on this, but what's more important than the political angle is that this argument can and should work for advancing a truly compassionate social agenda. If the words of Christ are your motivation, then you've got to come to terms with this. I can't say it any better than Ratliff has.

Posted by Charles Kuffner
Filing news: Round 'em up

You want candidate filing links, I got candidate filing links...

Mike Fjetland made his official filing on Friday to run against Tom DeLay in the GOP primary for CD22. From his press release:


Fjetland states that his campaign will focus on his international experience and local values. "This district includes people of all races, religions, nationalities, and backgrounds. These people deserve a Congressman who will represent all of their interests - not just a select few. Too many citizens have been ignored in the past because their issue wasn't 'important' enough. As Congressman, my door will be open to all of the people in my district, so that we can find solutions to problems together. Whether they come from Richmond, Clear Lake, Pearland, Stafford, or anywhere else, I want to hear what they have to say."

UPDATE: Here's the Chron story on Fjetland's announcement.

Both Stace and Andre point to this Express News piece about Ciro Rodriguez's fundraising efforts for the Democratic primary in CD28.


Celebrating his 59th birthday and a campaign he hopes will return him to Washington, former U.S. Rep Ciro Rodriguez held a fundraiser Sunday in his quest for the 28th Congressional District seat.

"I know that I can deliver. I know that I can make it happen," Rodriguez told a crowd of about 300 supporters who gathered at Sunset Station on Sunday afternoon.

Campaign officials estimate that Rodriguez brought in about $50,000 in donations and pledges Sunday. An additional $13,000 came from South Texas supporters, Rodriguez said.

[...]

During the last round of campaign finance reports, Cuellar had $300,000 on hand, Rodriguez reported having $50,000 and Raymond showed $430,000 available, $300,000 of which came from loans and personal funds.

Rodriguez hopes to raise half a million dollars by the primary to compete with his rivals.

Though the Sunday fundraiser listed 10 members of Congress from other states as being on the host committee, none were present.

However, Congressman Charlie Gonzalez, a longtime supporter, was there and spoke on behalf of Rodriguez, saying one voice can make a big difference in the halls of Congress.

"This is a life-or-death battle for the heart and soul of America," Gonzalez said. "It is Ciro's social conscience that is so desperately needed in Congress."


This is a good start towards that goal. Having previously expressed my concerns about Rodriguez's bank account, I hope there will be other efforts like this on his behalf.

Via Aaron Pena, we have a contender in CD23:


El Paso native Rick Bolaños said he intends to challenge District 23 Rep. Henry Bonilla, R-San Antonio, in next year's congressional election.

Bolaños, a Democrat, built up some name ID during the 2004 presidential race while accompanying U.S. Sens. John Kerry and John Edwards on the campaign trail.

He and his three brothers made headlines last year as "The Band of Brothers" for having all served in the Vietnam War. He says that background gives him cachet when asked about the war in Iraq.

"We're kind of going on the family name," he said. "We do have that patriotic background and we did volunteer to serve our country."

Bolaños said he believes the American people were deceived about the reasons for going to war, but now that it has begun, it must be completed.

"We need to psychologically not give the terrorists comfort," he said.

Bolaños said Kerry, New Mexico Gov. Bill Richardson and former Sen. Max Cleland of Georgia — a Vietnam vet and triple amputee — have indicated they will campaign for him.

Other issues he plans to campaign on are improving federal programs such as No Child Left Behind, which he called "a joke all over the United States," and veterans' concerns.

Although Bolaños said he has done some preliminary research into the district and thinks he can win, he acknowledges it will be an uphill battle.

"I don't live in San Antonio and that's where the majority of the race is going to be run," he said.

Elected to the U.S. House in 1992, Bonilla was the first Hispanic Republican congressman from Texas. His campaign war chest sits at about $2 million.


That last paragraph sums up what it will take to make this race competitive, and I hope the Kerry-Richardson-Cleland trio can help Bolaños out with that. Bonilla was building up his coffers for a shot at the Senate in the event that KBH had stepped down. CD23 was specifically made more Republican in the 2003 redistricting, after Henry Cuellar nearly knocked Bonilla off in 2002, so even with money this is a tough race, but it's always heartening to see a candidate with some juice jump in like this. I hope to hear more about Mr. Bolaños soon.

Also at that link is a note that State Rep. David Leibowitz will face a challenger.


Ted Kenyon, a local business attorney, filed for the District 117 state representative slot this week as a Republican.

He said his campaign will focus on reducing government spending, expanding health care and improving education options.

Kenyon ran unsuccessfully for the San Antonio City Council in District 7 earlier this year, getting 6 percent of the vote out of a field of seven candidates.


The Jeffersonian was on this earlier, and he's not terribly impressed with Kenyon. You'd think in a district like HD117, which Leibowitz won by 500 votes and which was carried by the Republican in every other race except for Sheriff (Ralph Lopez, 53.6%) and Court of Criminal Appeals (JR Molina, 51.9%) that a stronger Republican would take a shot at it. Not that I'm complaining, mind you.

Via BOR, Andy Brown is back in the special election for HD48 after announcing he wasn't due to residency concerns. Read the press release there and make of it what you will. PinkDome, which had the original scoop about his return, says it best: "We're so gonna need a chart or some visual aid".

Check out the comments in that BOR thread, too - there's a pointer to this list of Republicans who have filed (PDF), which includes the immortal Rhett Smith for Governor. A companion list of Dems is here. It doesn't seem as up-to-date to me, but it does tell me that we do have a candidate for Ag Commish - two, actually, Hank Gilbert (whom I'd heard about before) and someone named Koecadee Melton, Jr.

No one yet for Land Commish, though, which according to In the Pink is a bit of a disappointment for current Commish Jerry Patterson.

And also in BOR is a Bob Gammage sighting. Gammage says he'll file for Governor before Christmas. With all due respect, the way this campaign season has gone so far, I'll wait until that happens before I comment further.

Last and possibly least, I bring you the web page of Darrel Reece Hunter, the Senatorial primary opponent to Barbara Radnofsky. I don't think I can add anything to that. You pretty much have to see it for yourself.

Posted by Charles Kuffner
December 12, 2005
Re-redistricting re-review reactions

Here's the Chron story on the re-redistricting re-review. The main difference between it and the earlier AP version is this:


Democrats claimed optimism following the announcement that the justices had agreed to hear arguments. "Today's Supreme Court action agreeing to take up the Texas case on Tom DeLay's illegal redistricting scheme is a hopeful sign that the voting rights of millions of minorities will be restored," said House Democratic leader Nancy Pelosi of California.

Texas Attorney General Greg Abbott countered, "After hearing the case, we expect the court will agree with the unanimous judgment of the three-judge federal court that the Texas redistricting plan is wholly constitutional."

DeLay spokesman Kevin Madden added, "The effort to deliver a new congressional map was founded in the belief that a history of gerrymandering efforts by Democrats in Texas had resulted in an unfair representation of Texas voters."

[...]

The Supreme Court, in an opinion in 2004, upheld a Republican-drawn redistricting plan for Pennsylvania on a vote of 5-4. Lawyers who monitor such cases said at the time it appeared to leave little room for similar Democratic challenges in Texas and elsewhere.

Then-Chief Justice William Rehnquist and Justices Antonin Scalia, Sandra Day O'Connor and Clarence Thomas appeared to signal they would not intervene in any cases involving redistricting done for partisan reasons.

Justice Anthony Kennedy provided a fifth vote for the majority, saying at the time that the Constitution might provide an avenue for relief in some, yet to be defined, circumstances.

Of the justices who rejected the appeal in the Pennsylvania case, Rehnquist has died, and was succeeded by Chief Justice John Roberts. O'Connor has announced her retirement, and Judge Samuel Alito's nomination to replace her is pending in the Senate.

Paul M. Smith, a Washington lawyer who was on the losing side of the Pennsylvania case, said the facts of the Texas case might make a difference at the court. He said that because the Pennsylvania district lines were drawn quickly after the census was taken, "One of the things you couldn't say in that case was their only reason was partisan. ...

"Here we have a trial in which the state conceded that the only reason they did the case at all was partisan," added Smith, who is also involved in the legal attack on the Texas redistricting plan.


Other reactions from 'round the blogs:

The Stakeholder has some interesting stuff from Congress DailyPM:


With scant comment, the court agreed to review the lower court ruling that dismissed a series of challenges that had been brought by opponents of the Texas plan. But its unusual step of granting two hours to hear the case provided additional evidence that the Supreme Court is taking the case seriously. In addition, the Supreme Court set a relatively speedy timetable for the case by scheduling it for March 1, according to Jerry Hebert, one of the chief lawyers for Democratic challengers to the law. "This shows that they are taking this case very seriously. There is a reasonable chance that the map could be thrown out," said former Rep. Martin Frost, D-Texas, a key participant in three decades of Texas redistricting battles. His district in parts of Dallas and Fort Worth was largely eviscerated by DeLay's map, and Frost was defeated for re-election last November by Republican Rep. Pete Sessions.

The Supreme Court's order called for the two sides to prepare arguments on three key redistricting issues: whether the new map complied, as required, with the Voting Rights Act's prohibition of racial discrimination; the constitutionality of a second redistricting within the 10-year census cycle; and whether the district lines constitute an impermissible partisan gerrymander. Adding to the suspense surrounding the Texas case is that four justices -- in the minority -- stated a willingness to review various constitutional issues surrounding redistricting during the court's April 2004 rejection of a challenge to the Pennsylvania redistricting map; all remain on the court. Of four others who concluded there was no "discernible" claim against that map, then-Chief Justice Rehnquist has died, and Justice Sandra Day O'Connor announced her retirement from the court but agreed to remain on the bench until her successor is confirmed. That could increase the significance of the votes of new Chief Justice Roberts plus nominee Samuel Alito, assuming that he is confirmed before the court hears the case. Another intriguing element is that Justice Anthony Kennedy, who was the fifth vote to dismiss the Pennsylvania case, said at the time that he would not foreclose possible judicial relief in another case.


Here's a twofer from SCOTUSBlog.

Houtopia talks about Roberts and O'Connor.

Rob Ritchie writes about The Safe Seat Pandemic (via Aaron Pena.

Matt points out that some current Democratic contenders are better positioned under this map than they would have been before, though they're still fairly heavy underdogs.

Eye on Williamson doubts anything will change. So does Southpaw.

Drive Democracy is encouraged.

Jim Dallas talks some legalese (in the good way, of course).

Finally, beneath the fold are reactions from Chris Bell and State Sen. Gonzalo Barrientos. Click for more.

STATEMENT BY CHRIS BELL ON THE SUPREME COURT TAKING UP REDISTRICITNG:

"It is clear to everyone that this is a case of corruption in the furtherance of extreme partisanship. In fact, this was a higher priority for Rick Perry and Tom DeLay than school finance reform or children¹s health care. Justice would be people choosing their representatives and not the other way around, and then maybe we could make some progress down here."


STATE SENATOR GONZALO BARRIENTOS RESPONDS TO U.S. SUPREME COURT DECISION TO HEAR TEXAS REDISTRICTING CASE

"I'm pleased, and guardedly optimistic," remarked State Senator Gonzalo Barrientos (D-Austin). "When we went to Washington and talked to the experts at the Department of Justice, we were sure the Texas map engineered by Tom Delay was wrong. As we know now, they agreed with us, only to be overruled by their Republican political bosses. We are still sure today, and we are also sure about what the United States Supreme Court ought to do (either reinstate the 2001 map or send this map back to the legislature with orders to start over). But, given that this is a very political court, we'll just have to cross our fingers and hope they don't use this as an opportunity to set a precedent that says no amount of political chicanery is too much when it comes to redistricting, regardless of its negative impact on representative government through the creation of uncompetitive districts and elections.

"Don't get me wrong, there is reason for optimism. One of the questions the federal panel struggled with and ultimately failed to address was: in an age in which technology allows us to draw these lines so precisely that individual homes can be included in or excluded from districts, when does gerrymandering to gain political advantage go too far? The court really didn't go down that road on their own, suggesting that they needed the guidance of the U.S. Supreme Court. Hopefully, we will receive that guidance now.

"So, what happens if they kick it back and make the legislature redraw the lines? We can draw a fair map. Believe it or not, there were some fair plans proposed last time, even by Republicans. The real problems started when Mr. Delay and the other big-time money people in the national Republican party started leaning on folks down here to pass something extraordinarily aggressive and biased. If the court tells us to get back to work, I'm ready."

Posted by Charles Kuffner
Filing news: Who's not filing

There are fourteen members of the State House that we now know of who are not going to run for reelection, and there may be more who just haven't made the decision yet.


"I'm weary, just tired. Why do you hit yourself in the head with a hammer? The answer is, it feels so good when you quit," said County Affairs Committee Chairman Ray Allen, of Grand Prairie, who is not seeking re-election.

Back in the old days, it was fun, because "there was not a lot of rancor," said the seven-term Republican. But that changed with painful budget cuts in 2003, continued failure to act on school finance and special session after special session that hit hard the pocketbooks of lawmakers.

"In the end, we've had little to take home to our constituents and say we've done well," Allen said. "It's easier to make sacrifices when people back home say, 'Thank you, thank you, thank you.' It's an emotional fatigue, at least for me."

With the Jan. 2 election filing deadline fast approaching, 14 House members have announced they won't be returning.

Four of those, including former House Speaker Pete Laney of Hale Center, are Democrats. The 10 departing Republicans include six committee chairs and two vice chairs.

"It's not a part-time job anymore. It's a killer," political consultant Bill Miller said of the six special sessions in three years that lawmakers have endured.

"People who actually like public service, they're bitter about this turn of events," he added. "They feel they have to leave, because it is taking up too much time from their families."

Miller predicts the number of departing legislators will grow, adding that the unofficial list of those who have seriously thought about quitting is roughly four times longer than those who have made the decision.


In terms of how this will affect the overall House makeup, there's a slight edge to the Democrats in their quest to pick up seats. Of the four open Dem seats so far, one (HD85 - Laney) is a near-sure pickup for the GOP. Two are potential swing seats: Carlos Uresti, who has filed for SD19, won HD118 by a 57-43 margin last time, his challenger from that race is running again, and the top prospect for the Dems isn't running. Jim Solis' HD38 was carried by George Bush 51-49, but no other Republican did better than 45%. Richard Raymond's HD42 is pretty safely Democratic.

On the other side, while there are no sure pickups for the Dems, there are at least four seats that qualify as swing or better: HD47 (Keel), HD48 (Baxter), HD106 (Ray Allen), and HD133 (Nixon). The others are varying degrees of unlikely, with Hupp's HD54 being about as optimistic as it gets. As there seems to be a greater likelihood of more Republican open seats to come, the opportunities here may get better for the Dems.

As a parting thought, what's one reason for all the departures?


Greg Thielemann, a University of Texas-Dallas political scientist, says, "The Republicans, in terms of their leadership, made one terrible error they are still paying for. They tackled congressional redistricting before they tackled school finance. It left the chamber so strongly partisan, and the division was so severe."

There'd be some justice, perhaps the only available justice all things considered, in Democratic gains this year resulting from Republican retirements spurred in part by the redistricting saga.

Posted by Charles Kuffner
SCOTUS to re-review Texas redistricting

Here we go again.


The Supreme Court said today it would consider the constitutionality of a Texas congressional map engineered by Rep. Tom DeLay that helped Republicans gain seats in Congress.

[...]

Justices will consider a constitutional challenge to the boundaries filed by various opponents. The court will hear two hours of arguments, likely in April, in four separate appeals.

The legal battle at the Supreme Court was over the unusual timing of the Texas redistricting, among other things. Under the Constitution, states must adjust their congressional district lines every 10 years to account for population shifts.

But in Texas the boundaries were redrawn twice after the 2000 census, first by a court, then by state lawmakers in a second round promoted by DeLay.

[...]

The Texas case has been to the Supreme Court once before, and justices ordered a lower court to reconsider the boundaries following a decision in another redistricting case from Pennsylvania. Justices in that splintered opinion left little room for lawsuits claiming that political gerrymandering — drawing a map to give one political party an advantage — violates the "one-person, one-vote" principle protected in the Constitution.

However, now the court will have a chance to revisit that issue and the outcome could change because the court's membership is changing. Justice Sandra Day O'Connor is retiring, and Chief Justice John Roberts has been on the bench just a few months.

A lower court panel ruled that the map is constitutional and does not violate federal voting rights law.

[...]

Paul M. Smith, a Washington attorney representing challengers to the Texas map, told justices that the redoing of maps "is a symptom of the excessively partisan approach to redistricting now in vogue."

"When legislators choose to take such actions, they should be required to demonstrate some legitimate governmental purpose," he wrote in a filing.

The cases are League of United Latin American Citizens v. Perry, 05-204; Travis County v. Perry, 05-254; Jackson v. Perry, 05-276; GI Forum of Texas v. Perry, 05-439.


I've said it before and I'll say it again - it's too late for any court to give redress for this wrong, if it decides there was one. You can't give the defeated Congressmen their incumbency back, so even if you reinstated the old boundaries, most of them would be as big an underdog in a rematch election as any other challenger. Besides that, unless you ordered a special election the next chance to do anything about this would be 2008, since the case will be held after the primaries.

Still, that doesn't mean there shouldn't be a focus on why and how this came about. It's important to know that the decision by the staff attorneys at the Department of Justice to deny preclearance was not a close call (via Kos) and that the DOJ has since moved to eliminate staff opinions entirely (via The Stakeholder) in voting rights cases, thus leaving the decisions up to political appointees. Just because SCOTUS can't do anything to fix this doesn't mean nothing can be done.

Posted by Charles Kuffner
Earle's task

The Chron reviews Judge Pat Priest's ruling on the DeLay indictments from last week and gets an analysis of what the prosecution's burden will be from civil attorney Cris Feldman, who was the lead counsel in the successful lawsuit against TRMPAC treasurer Bill Ceverha.


Priest upheld charges of money laundering and conspiracy to commit money laundering against DeLay, Jim Ellis and John Colyandro by describing how financial exchanges between political committees can constitute money laundering under Texas law.

Priest said money laundering would have occurred if swaps were done to get around the state's ban on corporate funds being used. But he also said Travis County District Attorney Ronnie Earle will have to show the men violated the law by acting with "express intent;" in other words, knowingly and intentionally doing it.

[...]

Priest's order upholding the indictment said money laundering can be proven two ways:

Point one: If the corporate money was raised "with the express intent of converting those funds to the use of individual candidates."

DeGuerin said there is no way for Earle to prove this point.

"Nobody has said that was the purpose of taking the money, either (the people) soliciting the money or the corporations contributing the money," said DeGuerin.

DeGuerin said TRMPAC, to comply with Texas law, kept separate bank accounts for corporate donations and money from individuals.

Feldman said TRMPAC's mission statement to elect a Republican majority to the Texas House and other pieces of evidence he submitted at the civil trial showed committee officials planned from the time the PAC was formed in 2001 to use the corporate money for political purposes.

A TRMPAC appeal to corporate donors indicated committee officials planned to use the money for more than just paying rent or utility bills.

"Unlike other organizations, your corporate contribution to TRMPAC will be put to productive use," the document said. "Rather than just paying for overhead, your support will fund a series of productive and innovative activities designed to increase our engagement in the political arena."

[...]

Point Two: Even if the money was legally raised and then the defendants "entered into an agreement to convert the monies already on hand" for use by candidates in a swap with the RNC, "then (prosecutors) will have established that money was laundered."

The indictment alleges that Ellis gave a $190,000 check to then-RNC Deputy Director Terry Nelson along with a list of candidates who should receive donations "in exchange" for the money.

"I don't think there was an agreement," DeGuerin said. "State committees on both sides of the aisle send money to the national committees. The national committees then have the responsibility of keeping the money they get separate, corporate money and individual money."

Prosecutors have admitted in court that they do not have a copy of the list Ellis supposedly gave Nelson. Nelson, who testified to the grand jury, has referred questions to the RNC, which has declined comment. DeGuerin said even if someone from TRMPAC suggested to Nelson the names of Texans worthy of RNC support, it would not prove money laundering occurred.

"RNSEC doesn't know for sure who needs the money or who is a viable candidate, so they're going to get their list from somewhere, they're going to get suggestions from somewhere," DeGuerin said. "But as far as a list given to Nelson, apparently it doesn't exist."

Feldman said TRMPAC e-mails show Colyandro had a check cut for Ellis on the same day Ellis was meeting with an RNC official about the donation. He said the RNSEC checks to the seven Texas candidates totaling $190,000 were printed on Oct. 4, 2002, and were in sequential order.


If point one comes down to what constitutes "administrative and overhead" expenses, then I like the prosecution's chances. The "Rather than just paying for overhead" mailer speaks for itself. It shouldn't be hard to convince a juror that overhead means the normal costs of running an office, i.e., rent, phone, utilities. Maybe hiring a secretary would be overhead, but hiring pollsters and fundraisers? Not so much.

Point two is murkier, and seems to me to hang on a lot of coincidence. This one may come down to who's more believable, the prosecutors who insist that such coincidences are too convenient to be accepted at face value, or the defendants who say they were just doing normal campaign activities. If the jurors have a hard time swallowing defense claims about what overhead is, that may work against them here. On the other hand, coincidence is not beyond a reasonable doubt. There may not be enough here for the jury to take the affirmative step of voting guilty. Should make for some interesting testimony, though.

Elsewhere in DeLay news, we have a reminder that the Abramoff net is tightening, and there's also a Duke Cunningham connection to watch out for. Finally, there's yet another story about voter discontent in CD22 (link via The Stakeholder). With the trial set for January, all this is likely to remain in the news cycle through the holidays. Poor Tom.

Posted by Charles Kuffner
New ways to lose

You have to admit, the Texans do have more entertainment value than your ordinary 1-12 team. They give you a reason to tune in every week, and that reason is to find out what new way to lose they'll use. Any other team, given new life by a defensive penalty at the end of a kickoff return that was just long enough to run out the clock, would kick the prosaic tying field goal and send the game into a tedious overtime period. Not our boys, who did their best to ensure that the rest of KHOU's Sunday schedule would run on time. Say what you want about every other aspect of their game, the Texans are efficient and innovative when it comes to losing.

Posted by Charles Kuffner
December 11, 2005
Runoff results

It was Ana Hernandez over Laura Salinas in HD143, Sue Lovell over Jay Aiyer in the only close vote in At Large #2, Anne Clutterbuck over George Hittner in District C, Jarvis Johnson (the only runoff candidate to win after coming in second in November) over Felicia Galloway-Hall in District B, Natasha Kamrani over Anne Flores Santiago in HISD1, and Larry Marshall over Daisy Maura in HISD9. Citywide turnout was less than five percent, with only the District C race approaching 10%.

Congratulations to all the winners. I admit to being mildly surprised by Lovell's win, but she had a plan and she executed it well. At the start of the race, I didn't think Kamrani had much of a chance, but the more I learned about that race the better I thought of her odds.

I don't think we've heard the last of most of the candidates who did not win. I'd go so far as to say that Aiyer ought to be considered a frontrunner for one of the two At Large seats that will come open in 2007. Both of the new At Large members this year failed in their first attempt, so there's no reason for Aiyer to be discouraged. I wouldn't be surprised to see Hittner take a shot at one of those seats, either. Laura Salinas said this isn't her last race, and I think Galloway-Hall will also be back.

Greg has some thoughts on At Large #2 and District C. There's not much time to recover from these races before the 2006 season is upon us, so take a breath and let's get ready. Next year is going to be a hot one.

Posted by Charles Kuffner
December 10, 2005
Bell files

Chris Bell made his filing for the Governor's race yesterday and took a few shots at Governor Perry on school finance.


Bell said Gov. Rick Perry and other Republicans have concentrated too much effort on "revenue neutral" school finance plans that pay for local property tax cuts through state tax increases without putting any new money into the public school system.

"I'm not interested in a revenue neutral plan. If you're talking about a revenue neutral finance plan, then you're basically rearranging the deck chairs on the Titanic," Bell said.

Bell said he will provide details of his school finance plan during the campaign. When asked the price tag, he said: "It's several billion dollars if you are going to be serious about improving public schools and meeting some of these other challenges."

[...]

"The message obviously will center around education. The new mainstream here in the state of Texas is most concerned with that issue, and not just public school finance but with the quality of public schools," Bell said.

Bell said he thinks additional funding is needed to allow smaller class sizes and teacher pay raises. He said he also wants to give more control to local school boards and de-emphasize standardized tests.

He said he would pay for increased spending on education by broadening the state's business taxes, much like the plan proposed by Republican Lt. Gov. David Dewhurst.

Bell said an income tax is off the table.

"I just don't think it's realistic," Bell said. "People are not going to vote to implement an income tax."

Bell said he is not afraid of being attacked for advocating a tax increase for education.

"At some point, our elections are going to be driven by pure rhetoric or people are going to wake up and be really willing to look at the facts," Bell said.

"Rick Perry has basically tried to tell people that state government can meet all their needs ... and they don't have to pay a penny more. People are waking up to the fact that is completely false."


I note with some interest two differences between the story about Bell's filing and that about Kinky Friedman's. In the Bell story linked above, several paragraphs are devoted to statements made by one of Perry's spokespeople. In the AP wire story that preceded it, there was also some comments from Carole Keeton Strayhorn's campaign. The only person quoted in the Friedman story is the Kinkster himself. Is that deference to Friedman's status as a Celebrity, or is it a tacit admission that his candidacy isn't serious enough to solicit responses from his rivals? I'm still pondering that one.

On the other hand, the second difference between the two stories is that Bell actually talked about issues, while Friedman did his usual quippage. Maybe that explains why Friedman has gotten more coverage overall, too.

Anyway. Bell is in, I presume Felix Alvarado will file at some point if he hasn't already, and no word yet from Bob Gammage or anyone else. Stay tuned.

Posted by Charles Kuffner
The Frigid Fifty

Looking for a little antidote to Hollywood hype? Try the Film Threat Frigid Fifty and enjoy a few laughs at the expense of people who are mostly richer and better looking than you and I. Via Pete, who helped make the list happen.

Posted by Charles Kuffner
December 09, 2005
Lights in the Heights 2005

Tomorrow is Lights in the Heights, the best free holiday event in town.


Organizers are expecting in excess of 10,000 people for the 18th edition of Lights in the Heights, the Woodland Heights Civic Association's annual holiday street party. Festivities from 6-9 p.m. include porch parties, music and plenty of people watching.

"It's become very large," event co-chair Sharon Greiff said. "It's not unruly or anything like that, but we welcome everyone. We're the best free party that Houston has got to offer."

Bur Greiff does offer some advice for anyone who wants to come to the event, which will rnu along the streets of Bayland and Highland.

"Get there early," she said, "because even though we have traffic control, street closures and off-duty police, the traffic is just mind-boggling and the parking is even worse."

Greiff 's enthusiasm for the event, which sheis cochairing the event with Terri Guerra for the second consecutive year, is almost palpable.

"We'll kick off the event with Santa leading the mini parade from Florence to the Norhill Esplanade. And hopefully we'll have a fire truck, that is if there are no fires. Obviously, they might have things to do, so that's tentative," Greiff said.

"We've also got the carriage rides back, as well as pictures with Santa."

The streets will feature no shortage of performers, all lined up by entertainment captain Dana Loudon. Greiff said that at last count there were 16 porches on Highland hosting performers and 14 on Bayland.

"There will be at least 30 different entertainment venues, with entertainment on each block," she said. "We have everything from belly dancers to fire spinners, karaoke, rock bands, a traditional choir, bell choir, four-piece blues band, dancers, all sorts of stuff. We will try to post the entertainment and the where and when on the Web site, but often that's a last minute deal."

Among the performers is Norhill native and Berklee College of Music alumna Sarah Sharp, who will be performing free beginning at 6:30 p.m. at the home of Peggy Sparks at the corner of Byrne and Florence, just a few blocks off the main route.

Also, all entertainment sites will be equipped with free cookies to hand out, thanks to "cookie king" Ken Stefano. Greiff said that Stefano has collected more than 5,000 cookies made and donated by Woodland Heights residents.

If you want to get a jumpstart on checking out the decorations, minus the crowd of 10,000, drive around the Woodland Heights Friday night. Houses in the neighborhood will be judged then for the decoration contests, which include homes both on and off the event route.

And finally, houses in the neighborhood will be decked out with thousands of luminaria.

"You just can't have enough lights at Lights in the Heights," Greiff said.


Couple points to be aware of: Studewood is under construction and is one-way northbound from White Oak to 20th Street. Look at the route map and don't get caught by street closures. My advice is always to park a few blocks away and walk. You'll have an easier time of it that way.

One more thing:


One additional point that Greiff said is that while this event is free for anyone to enjoy, it is not free to put on. Street closure permits, off duty police officers, luminaria etc. all cost money. The Woodland Heights Civic Association is attempting to help defray these costs with T-shirt sales and through donations. Through the event, T-shirts will be onsale at: Buchanan's Native Plants, 611 E. 11th Street; C & D Hardware, 314 E. 11th Street; Olive Anne, 237 W. 19th Street; Aunt Mike's, 3320 White Oak Drive; Retropolis, 321 W. 19th Street; Jubilee, 321 W. 19th Street; and Oo-la-la 833 Studewood. And of course, shirts will be on sale at the event itself.

"The T-shirt booths will be on the esplanade and somewhere on Bayland," Greiff said. "So if you enjoy this event, and who doesn't, please consider helping out some. We don't advertise it and we don't take corporate sponsors. This is just something we do in our little neighborhood, so any help is greatly appreciated, believe me."


Indeed.

Posted by Charles Kuffner
Choose carefully, Talmadge

What's it going to be, Talmadge Heflin? The Lottery or the Legislature? You can't do both.


Former state Rep. Talmadge Heflin, a Houston Republican who lost his bid for a 12th term by a scant 16 votes last year, was an 11th-hour entry into the hunt to replace former director Reagan Greer after Lottery Commission Chairman C. Thomas Clowe encouraged him to apply last month. At least eight other applicants had made it to the final round of interviews before Heflin was asked to apply.

[...]

Clowe said that he hoped that both he and [fellow Commissioner Jim] Cox could interview the ex-lawmaker before the next Lottery Commission meeting Dec. 15. The commission is a three-member panel, but one position is vacant.

Clowe said Heflin would have to abandon any thoughts of running for his old House seat if he accepts the lottery post.

[...]

Clowe said no action will be taken on the matter until he is certain that the right candidate has been found.

"Haste is really not what's important here," he said. "Making the right decision is the important matter."


So they hope to meet with Heflin in the next few days. One can only presume that the question of whether or not Heflin will want to run for HD149 again will come up. I suppose Clowe and Cox could agree to let Heflin know as soon as possible if he's their frontrunner or not, which may give him the time to file by January 2 if that's his better option. They may also be unable or unwilling to make him any promises in time for the deadline.

The choice is yours, Talmadge. Choose wisely. Link via Greg.

Posted by Charles Kuffner
Here comes Conroe!

Is it just me, or does anyone else get a mental image of Henry the Chickenhawk trying to devour Foghorn Leghorn when they read this?


CONROE - City officials took preliminary steps Thursday to extend the city's boundaries into The Woodlands, despite outcries from several residents who oppose the idea.

The City Council adopted an ordinance to incorporate the Municipal Utility District No. 39 into its annexation plan, giving it a three-year window before it decides to annex the MUD's 858 acres.

The MUD is on the southern edge of the city limits and includes the Harper's Landing neighborhood and 25 businesses - all a part of The Woodlands, an unincorporated master-planned community.


Well, if the whole competing with The Woodlands thing doesn't work out, I suppose trying to swallow it one piece at a time is a viable alternative. And they may as well strike now, before the annexation moratorium agreement with Houston expires in 2011or any pesky annexation-limitation laws get passed.

There's some controversy over this, with questions about taxation, city services, and whether or not the locals have any say in their fate. I don't really have an opinion on any of it, so I'll point you to Anne, who doesn't much care for what Conroe is doing. Feedback is more mixed in this Houston Architecture Forum thread. No word yet from Tom, whose opinion I'd be very interested to know, and nothing in the Chron's Woodlands blog, which is rather disappointing. I'll check back later to see if they do pick up on this.

Posted by Charles Kuffner
Tomorrow's the day

Regular voting for the runoff elections will be tomorrow from 7 AM to 7 PM. If you plan on doing your civic duty then, here's one last roundup of news stories on the races for City Council, HD143, and HISD. The rest is up to you.

Posted by Charles Kuffner
Friedman files

Kinky Friedman has filed his declaration of intent to run as an independent candidate for governor with the secretary of state. He also provided a glimpse of his campaign strategy.


Friedman told a few dozen supporters and reporters huddled for a brief, sidewalk announcement that his real opponent was not Gov. Rick Perry, but voter apathy.

Only 29 percent of Texas' voting age population cast ballots in the 2002 gubernatorial general election.

"If we can get the 29 percent who voted last time up to 39 percent, it'll all be over, and there will be a whole new spirit blowing through Texas," he said. "There will be a smile on everybody's face and a chill up the spine of every politician."


Allow me to quote PerryVsWorld here:

Lots of folks base their campaign plans on changing the turnout model into one more favorable to them. We generally have a name for these candidates: losers.

If that's Friedman's plan to win, then I predict that in the end, he will underperform his poll numbers. Remember how Ralph Nader generally polled better than 5% in 2000? He finished with 2.7%, and he was going for a similar audience, the disaffected voter. Voting is a habit, and so is not voting. It's not easy to change that kind of behavior. But hey, good luck to ya for trying.

Friedman was interviewed in Bookslut recently, and reading it just reminds me of all the reasons why I can't take his candidacy seriously. I can't tell what he stands for, other than a dislike for political parties. I also can't tell if he really knows how the government of this state works. Here's what I mean:


Do you think you'd be able to work with the Democrats and the Republicans in the state legislature?

Absolutely. I will charm their pants off. Invite 'em over, we'll have some barbecue, smoke some cigars together, and we'll get this thing rolling. And a lot of things can be done without the legislature, by the way. I'll tell you five things a governor could do right now. One, have a listed telephone number, so during certain hours, he could talk to the people, because I think this governor is out of touch with the people of Texas, not to mention the spirit of Texas. Two, biodiesel. Put that in all the school buses and all the state police (cars). You can do that by decree. Three, I plan to open the Indian casinos that have been closed down -- the Tigua and the Alabama Coushata. Four, the (state university) Boards of Regents. I want to fill them with the best, brightest young people, not old farts that have given the most money. Let's get college students (on the Boards) who are really passionate about education. And finally, I'd like to rename four state highways after Waylon Jennings, Willie Nelson, Bob Wills, and Buddy Holly. Not toll roads, by the way.

Let's put aside the question of whether or not these things represent top priorities for him and just examine his assertion that they can be done by gubernatorial fiat. If a governor can name a road for someone, then why did the Lege waste its time on bills to do that in the last regular session? Who needs Martha Wong if Rick Perry can make Ronald Reagan Circle a reality?

As for the casinos, has he spoken to Greg Abbott or David Van Os about this? I ask because it was then-Attorney General John Cornyn who was responsible for closing them in the first place.


Cornyn, now a Republican U.S. senator, had filed a lawsuit in 1999 to shut down a casino operated by the Tigua tribe in El Paso, saying it violated the state's limited gambling laws. In 2002, federal courts shuttered the Tiguas' casino and Cornyn used that ruling to shut down the Alabama-Coushuttas' casino.

Last I checked, governors cannot override state laws on their own, and I rather doubt that either the incumbent or hopeful AG would let him try this without a fight. If what he really means is that he plans to introduce legislation to legalize casino gambling in Texas (and that is something he favors), how does he plan to overcome the bipartisan objections to it that have sunk any expansion of gambling for years now? I ask again, how much does he actually know about what a governor can and cannot do in Texas? And while I don't expect this sort of thing from a Bookslut blogger, it would be nice if some of the reporters who write fluffy stories about Kinky Friedman action figures and reality TV shows would bother to bring these questions up. If he really is as serious a candidate as he claims to be, he can darn well handle them.

Posted by Charles Kuffner
Keeping it all together for Tom

After that ruling that threw out one of the conspiracy charges against Tom DeLay, the judicial landscape hasn't been as friendly for him.


The judge in U.S. Rep. Tom DeLay's criminal case said today he is unlikely to allow DeLay to be tried separately from his co-defendants or on only one of the two money laundering charges still pending against him.

"It is unlikely that I will grant a severance of counts or even of defendants in the absence of a compelling reason to do so," Senior District Judge Pat Priest said in letter to lawyers in the case.

He said he also likely will reject the request of DeLay's attorney, Dick DeGuerin of Houston, to try DeLay only on a charge of money laundering and not on a count of conspiracy to engage in money laundering.

"The counts in the money laundering indictment ... are clearly arising out of the same criminal episode (if there was one), and will involve identical evidence," Priest said. "It would seriously violate considerations of judicial economy to try the counts separately."

Priest said he is "fine" with holding a pretrial hearing the last week of December with a trial "early next year."

[...]

Travis County District Attorney Ronnie Earle has 15 days to decide whether to appeal the dismissal. DeLay's lawyers are worried that Earle may ask for a stay to halt all proceedings until an appellate court rules.

Priest in today's letter told DeLay's lawyers he "cannot require the state not to appeal."

[...]

University of Houston law professor Susan Waite Crump said the judge might not want to separate the remaining charges because it could result in two trials with the possibility of inconsistent verdicts.

DeGuerin said if DeLay wins on the money-laundering charge, he thinks prosecutors may be barred from trying him for conspiracy.

Crump said it might be easier for prosecutors to prove conspiracy than actual money laundering.

"Conspiracy doesn't require the person who is being tried to actually do anything if one of his co-conspirators commits the crime as long as there was an agreement and intent that the crime be committed," she said.


No separations, no way to keep Ronnie Earle from stalling him, no more dropping charges, pretty much nothing that Tom wanted he got. Karma can really bite you sometimes.

On other fronts in the Scandal-Go-Round, there's more bad news for DeLay coming from the Marianas Island and from the SunCruz/Boulis murder case. Read about the former here and here, and the latter here and here.

Posted by Charles Kuffner
December 08, 2005
Filing news: More, more, more

It's hard to keep up with all the candidate filing news, rumors, innuendos, and so on, but I'm doing what I can. Let's see what's out there.

Via Karl-T, there's a third person in the GOP gubernatorial primary, a fellow named Larry Kilgore, who plans "to submit to Biblical law given to us by the King of Kings and Lord of Lords, Jesus Christ." Whatever works for you, I guess. If he breaks 5%, I'll be impressed.

Turns out that Barbara Radnofsky will have a competitor for the Democratic nomination for Senate, one Darrel Reece Hunter. Don't know a thing about him, but as long as there's a contested primary there's news that has to get reported, and for ensuring that Radnofsky's name will be in the papers at least once this March, I thank him.

Over in Travis County, there's now a Libertarian candidate in the crowded HD48 special election. We already know it's going to a runoff; perhaps the L person will have an effect on who makes the cut. And there's some news on the HD47 Dem primary as well.

There are two new State House candidates in Harris County. Via Stace, Kingwood resident Dr. Diane Trautman, a college professor at Stephen F. Austin State University, will be challenging Joe Crabb in HD127. Crabb beat back Charlotte Coffelt by a 70-30 margin in his slightly more than 70-slightly less than 30 district last year (high score: Ted Poe with 75.1%; low score: none other than Crabb himself at 70.4%). The first step here is to get this district closer to 60-40 and go from there. We'll see how Dr. Trautman does on that.

Meanwhile, Greg informs me of a challenger in HD150 of all places, a woman named Dot Nelson-Turnier. I say "of all places" for HD150 (which is about as red as Crabb's HD127) because as far as I can tell looking through the historic election returns on the Secretary of State page, there hasn't been a Democrat on the ballot for this seat since at least 1990. As with HD127, the first step is to make the place a little more purple. Having a good candidate on board for State Rep is the way to start.

By the way, according to Greg, there are still 62 unchallenged Republicans at this point, which is to say there are 25 declared Democratic challengers to Republican incumbents and open seats. In Harris County in 2004, eight of the 14 GOP incumbents did not face a Democratic opponent (two had Libertarians and one had an independent). So far, I can think of seven challengers for the now-13 GOP-held seats (11 incumbents plus the open HDs 126 and 133), meaning only six have free rides so far. Not too bad, but I hope we'll improve on that some more.

Elsewhere in the State House, Aaron Pena and his Hidalgo County colleagues are all in, as is Pena's East Texas friend Jim McReynolds. I'd expect both McReynolds and (as previously noted) Veronica Gonzales Toureilles to have potentially stiff Republican competition. (UPDATE: Oops, I got Veronica Gonzales confused with Yvonne Gonzalez Toureilles. Thanks to Marie in the comments for noting this, and for pointing out that Rep. Gonzalez Toureilles is also likely to have a strong Republican challenger.)

The Jeffersonian has some Congressional news, with a few things worth highlighting. One is that Henry Bonilla in CD23 may have one or even two Democratic challengers, and two is that Shane Sklar picked up a nice endorsement from the Texas Farm Bureau's AGFund PAC.


The Texas Farm Bureau Friends of Agriculture Fund (AGFUND) has endorsed Democrat Shane Sklar, a fourth generation rancher from Edna, in his race to unseat Republican Congressman Ron Paul.

“The farm and ranch leaders of the County Farm Bureaus in Congressional District 14 have overwhelmingly recommended the endorsement of Shane Sklar,” said Kenneth Dierschke, president of AGFUND and Texas Farm Bureau. “Currently, there are no active farmers and ranchers in the Texas Congressional Delegation. When Shane goes to Washington, he’ll take along a great understanding of agricultural issues.”

Dierschke said Sklar also has a broad understanding of the problems facing the District 14 and all of Texas.

“His willingness to tackle tough problems with innovative solutions will be a positive,” Dierschke said.


Nice, and sensible, since Sklar is a rancher and would be the first such person from Texas in Congress since Charlie Stenholm (who also got the AGFUND nod in 2004) was defeated.

Gardner Selby picks up on the Victor Morales rumors.


Victor Morales, the once-obscure Crandall schoolteacher who steered his pickup around Texas in a failed 1996 challenge to U.S. Sen. Phil Gramm, lost a Dallas-area House race in 1998 and lost another Senate try in 2002. Now he's weighing a run against first-term U.S. Rep. Henry Cuellar of Laredo in the Democratic primary.

Morales, with roots in Pleasanton, near San Antonio, said he's intrigued, though "I never have needed the limelight."


Two reasons to hope he stays out of the limelight he allegedly disdains: One, as with a threesome running against Rick Perry, I say this would make it easier for Henry Cuellar to win. At the very least, Cuellar would be a near lock for any runoff, and I fear that the supporters of the two failed challengers would not turn out for the one who makes it. And two, remember what he said the last time he ran for office:

Victor Morales, who lost the Democratic nomination for U.S. Senate, said he will not run for office again as a Democrat.

"At this point in time, I am independent," Morales said, citing what he called lousy treatment by established members of the Democratic Party.

"I wouldn't run as a Democrat again," Morales told the San Antonio Express-News for a story posted on the paper's Web site Friday.


Until he gives a good explanation for the change of heart, I say stay away.

Here's another blog focused on the CD21 race. With a premise like this, it ought to make for some interesting reading:


Did you know that Lamar Smith doesn't really live in "his" Congressional district?

And why did you not know that, even though chances are you have voted for him in the past?

Ever thought about that?


I look forward to seeing some of the answers to that.

Rico reports a rumor that Craddick Dem Rep. Vilma Luna may choose to run for a district judgeship instead of re-election to her seat. That would not only mean the most likely arrival of Solomon Ortiz, Jr. to Austin, but also reduce by one the ranks of Craddick acolytes.

Finally, hot off of Carl Whitmarsh's presses comes word that former Houston City Council member and two-time Mayoral loser Out Of Town Orlando Sanchez will run against County Treasurer Jack Cato in the Republican primary next year. I actually know Jack from the local tournament bridge scene, so even though I hope there's a good Democrat to run against him in November, I'll be rooting for him to survive in March.

Posted by Charles Kuffner
Strayhorn the independent?

Put me down as being highly skeptical of this.


Some Texans have received calls from a polling company asking whether they would support Comptroller Carole Keeton Strayhorn for governor if she ran as an independent rather than as a Republican.

Gov. Rick Perry's campaign denies it is sponsoring the poll. Mrs. Strayhorn's campaign won't say.

"We don't discuss our polls," said Strayhorn spokesman Mark Sanders. "We are regularly in the field testing voter attitudes."

Mrs. Strayhorn has announced that she will challenge Mr. Perry in the March 7 GOP primary. Recent polls indicate she trails the incumbent more than 2-to-1.

In pursuit of the nomination, Mrs. Strayhorn has gotten a large number of campaign contributions from typically Democratic sources, such as trial lawyers.

[...]

Candidates have until Jan. 2 to file to be on primary ballots. Asked whether Mrs. Strayhorn would file to run as a Republican, Mr. Sanders said: "Carole is a Republican for governor in 2006."

According to a Strayhorn supporter from Houston, some backers have tried in recent weeks to encourage her to leave the GOP and run as an independent. One backer said she probably would lose a race against Mr. Perry in the GOP primary but would fare better as an independent on the November general election ballot.

As an independent, Mrs. Strayhorn would have to collect 45,000 signatures from registered voters who skipped the primaries to qualify for the ballot. Singer Kinky Friedman plans to try to get on the ballot as an independent.


On the one hand, as PerryVsWorld points out, if this poll didn't come from the Strayhorn camp, it would have been a trivial matter for them to deny it. I certainly wouldn't put it past Team Perry to dream up this sort of thing as a bit of agitprop, but why would they waste their money on it, and why would they create a story to give Strayhorn the publicity? No, the simplest explanation is almost certainly the correct one: Strayhorn is considering her options.

The question I have is what took her so long? Was it really not obvious before now that she was never in a good position to threaten Perry in the GOP primary? She could have switched parties (back in 2003, when she was really roasting Perry during that session's budget debacle, would have been a prime time for it), or gone independent months ago, and been in a much stronger position than she is now. Let's face it - if she decides to drop the primary challenge and try the independent route now, everyone will interpret it as a retreat. She's stuck, and now perhaps she's realizing it. (Which would put her one step ahead of the trial lawyers and folks like Ben Barnes, who are throwing their money down a rathole by giving it to her.)

And if she does run in the GOP primary, then forget about running again as an independent. However questionable her strategy of appealing to non-traditional primary voters may be, it's pure genius compared to running that kind of campaign in a primary and then having to depend on the people who still didn't vote in any primary to get you on the ballot.

Finally, I agree with PvsW's assessment of a four-way race: It improves Rick Perry's prospects for winning. In a three-way, Perry will lose the support of those who don't like the job he's done but can't bring themselves to vote for a Democrat. I can't see a third opponent, even a former partymate, peeling off too many more of his voters than that, and with the anti-Perry vote now having three places to go, his share will be proportionally greater.

So like I said, Carole's stuck. She could have had a real shot at the Dem nomination, and she could have strangled the Friedman insurgency in its crib. But she chose neither of those, and now I think it's too late to reconsider. C'est la vie.

Posted by Charles Kuffner
Radnofsky on TV

Short notice, but Barbara Radnofsky will be interviewed on a show called The Constitution on Houston Media Source, which is Time Warner channel 17, today from 2:45 to 3:45. The call-in number is the same as for the Clutterbuck/Hittner debate, 713-807-1794. If you haven't had a chance to hear Radnofsky speak, this is a good opportunity for you. Check it out.

Posted by Charles Kuffner
Astros part ways with Clemens

I agree with Tom: However sad it may be, the Astros' decision to forego offering salary arbitration to Roger Clemens was the right call, and here's the reason why:


The Astros' decision was based on the uncertainty of Clemens' status for next season and the potential of having to pay him between $15.4 million and $22 million if he does opt to play in 2006.

[...]

The [Astros'] payroll for 2006 is already close to $80 million with just the five contracts guaranteed to Jeff Bagwell, Andy Pettitte, Roy Oswalt, Lance Berkman and Craig Biggio and the expected raises through arbitration for third baseman Morgan Ensberg, closer Brad Lidge, shortstop Adam Everett, catcher Raul Chavez, reliever Dan Wheeler and infielder Mike Lamb.


Clemens had two great seasons in Houston - indeed, his 2005 ledger is one of the best ever, given the hitter-friendly environment he's in (though one can make the case that Andy Pettite's season was even better) - but if he's not committed to returning, then the Astros have to be ready to move on. The core of this team is still pretty good, and if they can use some of that Clemens money for a good hitter or two, they ought to be in business. This couldn't have been an easy call, but it was the right one.

Enjoy the next five years until your Cooperstown coronation, Roger. You deserve it.

Other reaction: from Jack, Lair, David Pinto, and Lisa Gray.

Posted by Charles Kuffner
Statements by Clutterbuck and Hittner

Also in the Examiner are statements by Anne Clutterbuck and George Hittner for those of you who still haven't made up your minds in that runoff. You can also catch them tonight on Texas Politics - The Real Deal, with David Jones and Gary Polland, 6:30-7:30 p.m. - Warner Cable Channel 17. The call-in number is 713-807-1794 if you want to ask them a question. Don't let it be said that you went into the booth on Saturday uninformed about your choice. (Thanks to Carl Whitmarsh for the TV info.)

Finally, the Houston GLBT Political Caucus has issued a statement criticizing the recent mailers sent out on Hittner's behalf by the Conservative Republicans of Harris County and Steve Hotze. Click the More link to read what they said.

The Houston GLBT Political Caucus (HGLBTPC PAC) is extremely disturbed by an offensive mailer sent by the Conservative Republicans and Steve Hotze on behalf of George Hittner. Mr. Hittner has clearly chosen to focus on dirty politics instead of the issues that impact District C residents. The mailing sent by Mr. Hotze and the Conservative Republicans lists the HGLBTPC PAC endorsement and Anne's support of same-sex benefits for city employees in a negative manner.

"It's interesting that the Steve Hotze and the Conservative Republicans have chosen to highlight one of the best aspects of Anne Clutterbuck, which is her commitment to adequately represent all District C constituents regardless of race, ethnicity or sexual orientation. All citizens in District C deserve representation. Anne Clutterbuck will represent all District C constituents and not a select few," said HGLBTPC PAC President Maria Gonzalez. "It's not possible to properly serve in public office if your intentions are not to represent all constituents."

"It's absolutely appalling that Mr. Hittner would support this type of political messaging. Mr. Hittner, working with Mr. Hotze and the Conservative Republicans, has chosen to play dirty politics instead of focusing on the issues that impact the City of Houston and District C. This is a clear distraction for the lack of substance on Mr. Hittner's stance on the issues. This is another example of why Anne Clutterbuck is the best candidate for District C." said Jack Valinski, HGLBTPC PAC Vice President.

"It's no wonder people are disillusioned with the political process when you see candidates such as George Hittner associating themselves with anti-gay extremist individuals like Steve Hotze. Mr. Hittner is using Mr. Hotze to attack Anne Clutterbuck simply because she wants to insure that all constituents in District C are adequately represented. Anne recognizes that gay, lesbian, bisexual, and transgender people or no different from their heterosexual counterparts in that they are deeply committed citizens who care about their neighborhoods, trash pickup, and adequate police coverage to name a few issues," said Tammi Wallace, HGLBTPC PAC Board Member. "These are individuals who are helping neighbors, serving on civic association boards, and adding value to their neighborhoods. A basic responsibility of a city council person is to serve all constituents and Anne is committed to meeting the responsibilities of elected office and not playing politics. Clearly, Mr. Hittner would rather play politics in this most important race. Anne is about doing what is best for District C and the City of Houston. Anne cares about real people and real issues and that's why we're proud to endorse her."

Posted by Charles Kuffner
Students for Henley

The West U Examiner has a nice little piece on CD07 candidate Jim Henley.


The 18-year history and speech teacher has declared his candidacy for the Democratic nomination for the 7th Congressional District seat now held by Republican John Culberson, and nearly 300 supporters turned out to kick off his campaign Sunday at a Rice Village restaurant.

The district stretches from southwest Houston, West U, Bellaire, the Museum District and River Oaks north to Memorial neighborhoods.

"I told students that after two decades of teaching, this is my last lesson plan, so to speak," Henley explained. "A good teacher is always a living example. It's more important for me to do this for them than for me. '’m hoping once they taste this kind of involvement that it will become part of their lives."

Henley, 58, vowed a "bottom-up, grassroots campaign" devoid of political consultants, lobbyists and money from political action committees. "I'm looking to see if the people can get their voice back," he said. "We're facing a very entrenched opponent in a gerrymandered district."


Actually, as it happens, CD07 is more favorable to a Democrat now than it was before, since it took on traditionally Democratic areas in Montrose and around Rice in order to gut the old CD25. I haven't compared the precinct data from 2002 to 2004, but I'd be willing to bet it lost five to ten points of Republican-ness. Of course, that still left it a 65-35 district, but such is life. Culberson got 64% in 2004, 74% in 2000, and had no Democratic opponent in 2002.

Henley seems to have the youth vote locked up:


Grace Sun, a member of one of Henley's national champion debate teams and a current ninth-grader at Bellaire High, echoed that sentiment in her speech introducing the candidate.

She characterized Henley's approach to teaching as "an overwhelming desire to change the world for the better."

Even a rival student - 13-year-old Ivan Espinosa, an eighth-grader at West Briar MS in West Houston - showed up with his mother in support of Henley.

"I've competed against him and his students, and I like what he's doing," said Espinosa. He said he has tried to correspond on "issues that concern me" with Rep. Culberson, to no avail.

"Maybe he doesn't think someone my age matters," Espinosa said. "I know Mr. Henley does."

Muthu Alagappan, another national champion debater now in 10th grade at Bellaire High, characterized his former teacher as someone who "doesn't like to go into a battle that he has no chance of winning."


Bring those kids on the campaign trail with you, Jim. They can't vote, but I think they'd be pretty persuasive.

Posted by Charles Kuffner
December 07, 2005
Don't know why there's no sun up in the sky

The hurricane prognosticators are predicting a lot of stormy weather next year.


The predictions, made annually by a research team at Colorado State University, call for 17 named storms and nine hurricanes next season. Five of those hurricanes, the forecasters say, are likely to become major, reaching at least Category 3 status with winds of up to 130 mph.

The prediction is higher than any ever made in December by the team, and it's not just because a record 26 tropical systems formed this year, shattering the 1933 high by five.

"Every statistical predictor we have for next year is above average," said Philip Klotzbach, one of the Colorado State forecasters.

An average of 9.6 named storms form each year in the Atlantic basin.

[...]

The forecasting method, developed by atmospheric scientist William Gray, is by no means perfect. Last December, the forecast team predicted 11 named storms for this year.

"Nature, of course, can always fool you," said Jim Lawrence, an associate professor of geosciences at the University of Houston. "You have to go with statistics and probability, and it's not always going to be right. But overall, forecasting that far in advance, I think Bill Gray has actually been quite successful."

If there's an upside for next year, tropically speaking, it's that things probably cannot get much worse, forecasters said.


Well, that's good to know. Actually, I'm kind of rooting for their prediction to be accurate, as it would represent a 30%+ drop in hurricane activity from this year. I don't think I can bear the idea of 50% more storms. I mean, what happens when we run out of Greek letters to name them? What's next, Hebrew? Cyrillic? Kanji? High ASCII?

What's really scary to contemplate is that the last decade could have been much worse:


Between 1995 and 2003, 32 major hurricanes formed in the Atlantic but just three made landfall in the United States. During the highly active 2004 and 2005 hurricane seasons, seven of the 13 major storms that formed reached the United States.

SciGuy and Jeff Masters have more (here and here). Guess we'll be buying those storm shutters after all sigh.

Posted by Charles Kuffner
From the "Ain't gonna happen" files

I don't know how rumors like this get started, but for some reason Roll Call has seen fit to write an article speculating on who might run for Congress in CD22 if Tom DeLay were to retire.


Texas Republicans say there is absolutely no reason to hold onto this list, but just in case: Look for several GOP officials to run for Congress in the 22nd district if indicted Rep. Tom DeLay (R) chooses not to seek re-election.

Receiving immediate mention from the chairman of the Fort Bend County Republican Party: Sugar Land Mayor David Wallace; state Sen. Kyle Janek; and state Rep. Charlie Howard. Others also would likely jump into the race, said Eric Thode, who heads the GOP in DeLay’s home county, though he emphasized that the chances of the race opening up are "near zero."

That prospect "is a hypothetical, wrapped in an improbable, wrapped in a nonstarter," added DeLay spokesman Kevin Madden. "Mr. DeLay is running for re-election. He is experiencing incredible grass-roots support, as well as incredible support on the fundraising side."


For once in my life, I'm going to agree with Eric Thode. It's inconceivable to me that DeLay would not run in 2006. Given that he obviously cares about his legacy, which is why he's fighting to retain his leadership position in the House despite the felony indictments against him, I can't see him stepping down this late in the game. I believe he'd have announced a retirement months in advance, and would have a handpicked successor to support by now. This is just not the way that someone like DeLay leaves the stage.

That would be about all I'd have to say about this story, except that it contains some very questionable assertions that I just can't let go. So let's have a look at them:


DeLay campaign spokeswoman Shannon Flaherty said Tuesday the Congressman has collected around 1,000 voter signatures, twice as many as is needed to file to run for Congress in Texas if a candidate wants to forgo the $3,125 filing fee.

The filing period began Saturday and runs through Jan. 2. Flaherty indicated DeLay will file to run for re-election just as soon as the signatures on the petition have been verified. DeLay is choosing to file for re-election using voter signatures to underscore the level of support he has in the district.


How in the world does getting 1000 signatures on a petition measure one's level of support in a Congressional district? Mike Fjetland has gotten on the primary ballot in CD22 before by collecting signatures. Several Democratic candidates that I can think of are going that route this year. Is that a measure of their support in those districts as well?

Thode, chairman of the Fort Bend County Republican Party, took issue with the [recent poll that showed DeLay trailing a "generic Democrat"] because it suggests more support for Democrats generally than he believes is plausible based on the demographics of the 22nd district.

In assessing DeLay’s vulnerability, too much is made of the fact that DeLay won re-election last year with just 55 percent of the vote, Thode said. Though that was the Congressman’s smallest margin of victory since he was elected in 1984, it was his first election in the newly drawn 22nd district.

Prior to 2003, Thode explained, Texas districts - drawn by Democrats - had packed as many Republicans into certain districts as possible to minimize the number of GOP seats. As such, he said, it is only natural that the victory margins for Republican Congressmen decreased following a redistricting that added five GOP districts to Texas' map.

President Bush outperformed DeLay in the district in last year’s presidential race by 9 points. But Thode said using that comparison to size up DeLay’s prospects is unfair, as Bush did better than most Republicans last year with blacks, women, Hispanics, Jews and other swing or Democratic-leaning voting blocs.


It's true that most Republican Congressfolk who ran opposed in both 2002 and 2004 garnered a higher percentage of the vote in 2002. That is the point of a partisan gerrymander, after all, to disperse your supports in such a way as to maximize the number of seats you win without greatly endangering any existing incumbent. Thode's assertion about comparing DeLay to Bush, however, is just baloney. Compare how DeLay did to all statewide Republicans in contested elections in 2004:

Candidate Vote Total Vote Pct
================================
Bush 177,378 64.37%
Carillo 159,309 62.04%
Brister 165,392 63.16%
Keasler 160,876 61.64%
DeLay 150,377 57.31%

The percentage is for the straight-up two-party totals, so Delay gets a boost here over his actual 55.11% total. Is Thode contending that Victor Carillo, Scott Brister, and Mike Keasler "did better than most Republicans last year with blacks, women, Hispanics, Jews and other swing or Democratic-leaning voting blocs", too? Or is it maybe that DeLay did worse with swing and Republican-leaning voting blocs? (Spreadsheet with precinct totals available here.)

"The district is solidly Republican," Thode said. "There has been no decrease in the Republican-leaning vote. Therefore, a poll that says a Democrat is preferred over a Republican 49 percent to 36 percent is suspect at face value."

Doesn't that contradict what you just said about victory margins for Republicans decreasing after the 2003 redistricting? Which is it - the number of Republicans is the same as it was before, or it was reduced as part of the effort to draw more Republican districts? And how do you square that with this?

"When you're drawing the lines, you have to set the example," DeLay explained late last week as he traveled his district during the Presidents' Day recess. "If you're going to maximize the number of Republicans that are elected, everybody can't have an 80 percent district. If you're the guy that's sort of leading the effort, you can't tell your members, 'Well, I'm going to dilute yours, but I'm going to pack mine.' "

"In doing all that, we tried to be as fair to everybody as possible," he added. "And I had to take my hit, too."


So did he take his hit or not? You can't have it both ways.

Anyway. To get back to the original point, no way in hell does DeLay step down now. Maybe some day, if he doesn't get convicted or voted out first, but not today.

Posted by Charles Kuffner
The San Antonio Marlins?

Via The Jeffersonian, officials with the Florida Marlins met with San Antonio politicos to discuss the possibility of relocation to the Alamo City after their lease expires in 2007.


Marlins president David Samson said San Antonio was the first stop on a tour that will last three to five months.

"We're not a free-agent pitcher. We're a team looking for a right fit," said Samson.

[...]

Major League Baseball has given the Marlins permission to explore relocation.

Samson was escorted by Bexar County Judge Nelson Wolff and San Antonio Mayor Phil Hardberger.

"We don't know where it all might lead, but it's a start," said Wolff.

San Antonio is the interim home for the Hurricane Katrina-displaced Saints. The NFL team faces questions about returning to New Orleans, but commissioner Paul Tagliabue said Monday he thinks the Saints will play some games in New Orleans next season.

"It's only one indication of how San Antonio is moving forward on all fronts, that the Marlins are even here talking to us," Hardberger said.

Samson also is expected to visit Las Vegas, Portland, Oregon and other cities he didn't disclose.


In terms of both media market size and metro area population, Portland makes the most sense, with Sacramento, Orlando, Indianapolis, and Charlotte also in the mix. Sacto would get resistance from the A's and Giants, while it's hard to imagine moving from one Florida city to another when the other franchise in that state is also doing poorly. Las Vegas is a comparably-sized metro area but a relatively small media market, coming in behind places like Grand Rapids, Birmingham, and Albuquerque. I'd love to know what other cities Samson has in mind. If Indy and Charlotte aren't on his list, I'd have some questions for him

As far as the Alamo City goes, The Jeff notes some other issues to consider.


If both the Marlins AND the Saints wanted to relocate to San Antonio, then we could possibly see County Judge Nelson Wolff, a long time baseball player and avid fan, going head to head with Mayor Phil Hardbarger, longtime friend of Saints owner Tom Benson. I don't think we'd have the cash to bring both in- it's been said that it would cost about $200 million to refurbish the Alamodome and build a practice facility for an NFL franchise, while the cost of a modern baseball stadium is even higher (Minute Maid Park in Houston was built for $250 million).

And with the Spurs needing every creative mind they have to fill the seats 41 times a season, I don't know how an MLB franchise could fill the seats for 81 regular-season games a year. I'd say regionalize the team and put it somewhere in between San Antonio and Austin, but I don't know how you'd come up with the public financing for that.


The regional idea is interesting, but I don't see it happening any time soon. I'm also not sure that ensuring that the vast majority of game attendees have to drive 20 or more miles is a wise one, especially if I-35 is involved.

My money's on Portland, which would also mean that the NL West would become a five-team division while the East shrank to four. Of course, as Neil de Mause mentions, contraction could (though very likely won't) rear its ugly head again.

Posted by Charles Kuffner
Filing news: Aaron Pena and his colleagues

Aaron Pena drove home last night to file for his reelection in Edinburg today. He also reports that his colleagues Joe Straus, Ryan Guillen, and the trio of Kino Flores, Juan Escobar, and Abel Herrera have filed or will be filing shortly.

Rico adds to The Rep's roundup, while Just Another Matt had the Straus story earlier as well.

Elsewhere, you can still nominate, endorse, comment on, or just find out about candidates for various races in Texas via Step Up Texas. They've added a lot of information about recently-announced contenders, but they've still got some holes to fill. You can help them out with that, so take a look at fill in a blank or two.

Finally, former Houstonian Rob reports on Congressional activity in his new back yard. Five Democratic challengers for NY-19? Someone thinks that's a flippable seat.

Posted by Charles Kuffner
Which way will Heflin go?

So does Talmadge Heflin want to head up the Texas Lottery Commission? Or would he rather try to win his old seat back in the State House? Maybe he wants to do both.


Heflin, a Houston Republican who served 22 years in the Texas House before being defeated in 2004, interviewed Tuesday to become the Texas Lottery Commission's next director.

Yet he also is signaling that he'll run to regain the House District 149 seat he lost narrowly after a protracted battle with Democratic newcomer Hubert Vo. Heflin is listed on the Harris County GOP's Web site as a 2006 candidate for the district, which includes parts of Alief, west Houston and Katy.

Heflin did not return calls seeking comment.


Ol' Tal is a bit hamstrung by deadlines here. He has to choose by January 2 whether or not to file for HD149. Maybe the Lottery Commission will make its choice by then, I don't know. If so, at least he can then pick one or the other with a clear conscience. If not, he'd better choose soon and he'd better choose wisely.

Question for the Republicans: Assuming Heflin is your first choice to run against Vo (which, of course, he may bnot be, though for what it's worth I've not heard of any other contenders as yet), what's your plan B if the TLC takes its time making a decision? This is your one pickup opportunity in Harris County. Do you recruit another candidate and maybe risk a nasty primary fight, or hope leave the field open for Heflin and risk letting Vo go unopposed if Heflin chooses not to run at the last minute? If it were up to me I'd go with the former, but Heflin may have enough favors to call in to keep the race to himself. So what will it be?

Posted by Charles Kuffner
Passion at the pit stop

I don't think any snarky intro I can think up could be any better than just a straight announcement that there will be a new line of NASCAR-themed Harlequin romance novels hitting a bookstore near you soon.


The new project, in conjunction with romance publisher Harlequin Enterprises Ltd., kicks off with "In the Groove," to be published in late January, right before the Daytona 500. It's an attempt to appeal to a female fan base that isn't likely to be wooed by Caterpillar and Lowe's. Of NASCAR's estimated 75 million fans, roughly 40 percent are female.

Gentlemen, start your emotions.

"When the wife or girlfriend goes to get a book about NASCAR, so many times it's a book that they would get for their husband or boyfriend," said Kerry Tharp, NASCAR's director of public relations for licensing. "Now, maybe they can get a book that they would be more interested in and still have the NASCAR storylines."

The novels will feature NASCAR themes and have the NASCAR logo on the cover. The first will be written by Pamela Britton, the author of such works as "Tempted," "Cowboy Lessons" and "Dangerous Curves." NASCAR established a set of editorial and style guidelines for the novels to help protect the sport's image.


I can only surmise that this means there will be no depictions of quickies during tire changes.

The mind reels at the possible permutations if this takes off:

Fabio as the Grand Marshal of the Daytona 500.

Dale Earnhardt Jr. swapping Budweiser for Celestial Seasonings.

The traditional champagne-spraying celebration in Victory Lane being replaced by a long bubble bath.

Kurt Busch resolving his problems by writing heartfelt notes on scented stationery instead of punting whoever he's mad at into the wall. (Wait. That one's not such a bad idea.)


OK, people, I know we can do better than that. Leave your suggested titles and/or plot synopses in the comments.

Posted by Charles Kuffner
Filing news: We have a surprise

Via the Quorum Report, we have what I'd call the first genuine surprise of the 2006 election season: A candidate switching parties to run as a Democrat.


Greenville attorney Scott Cornuaud is filling out paperwork this afternoon to run for House District 2 as a Democrat.

Cornuaud said he thought he was a Republican until he began considering the GOP’s support of the issues most important to him – public schools and the rising problem of methamphetamines.

The Quinlan Independent School Board member said that during the past two years, the district has lost $3 million because the Comptroller’s Office said their property taxes are too low. As a result, the school district has received less money and been taxed at a higher rate.

A recent study showed it costs about $7,100 to educate a student each year, he said, juxtaposing the figure against the $16,000 per person, per year that it costs to incarcerate a non-violent criminal.

"I think our priorities are screwed up," he said of Republican leadership.

Despite his conservative views on other issues – Cornuaud believes marriage should be between a man and a woman and he’s pro-life except in certain circumstances – the Democratic Party is more supportive of the issues most important to the district’s success, he said.

HD 2 state Rep. Dan Flynn (R-Van) is seeking re-election.


Who knows, maybe he'll start a trend. HD2 is on the order of 70/30 in favor of the GOP, so if Cornuaud wins he'll be nothing short of a miracle worker. That said, the process he went through to arrive as a Democratic candidate is exactly the sort of thing the Dems will need to happen with voters if they're going to climb back out of the hole. It's the same process that created a lot of the current crop of Republicans, just in reverse. If Cornuaud winds up beating the spread - say, cracking 40% - I'll be taking a hard look at the precinct data there, to see what if any effect he has on other races. One way or the other, we ought to learn something from this guy's experience.

Elsewhere, Andy Brown has dropped out of the HD48 special election due to residency concerns, but will be back in March.


State law requires a House candidate to live in the district for a year before the general election for that office. Brown, a lawyer, moved into District 48 in western Travis County last May, meaning he is eligible to run in the March primary and November general election for a new two-year term that will start in January 2007.

Brown said he still plans to run in the March primary. But with the special election in January, he does not think he will try to push his way onto the ballot to fill the rest of Baxter's term.

"Many supporters and activists have asked me to challenge the residency requirements for the special election," Brown said this morning. "At this point, I do not think that is the best course of action for the Democratic Party or the families of District 48. Over the next day or so, I will consult with my family and supporters regarding my decision, and how best to achieve true education, ethics and insurance reform in the state Legislature."

Brown was quick to point out that he grew up in Austin, went to high school and college here and now lives and works in District 48.


So that leaves Donna Howard and Kathy Rider for the special election. Or does it? PinkDome says he's still in and this initial report is erroneous. These things can change quickly, I suppose. Stay tuned.

Katy Hubener filed her paperwork today for another shot at HD106, which she narrowly lost in 2004. From her press release:


"I'm proud to have the enthusiastic support of a broad cross-section of our community," Hubener said. "These are leaders who support my campaign to be a catalyst for change at the State Capitol."

Hubener paid her filing fee and submitted the required paperwork at the Dallas County Democratic Party today.

Hubener was encouraged by a broad cross-section of the district to run again after her strong showing last year. The incumbent in that race recently announced his retirement amid continuing ethics controversies, questions about his residency, and a mounting frustration among voters at the unwillingness of state leaders to stand up narrow special interests and ultra-partisans.

Hubener said the Legislature has repeatedly failed to get the job done when it comes to improving public schools, lowering property taxes, rolling back homeowners¹ insurance rates, and ensuring access to affordable health care for working families.


HD106 is a swing seat, basically 55-45 GOP-Dem, with Hubener outperforming that against incumbent Rep. Ray Allen. With Allen stepping down, she would appear at this point to be a favorite to win, though not by much just yet. If the Dems hope to make more gains in the House next year, this is a seat they just about have to take.

On a semi-comic note, an old familiar face is back in Harris County, running for the now-open HD126. Well, it'll be comical unless he wins, anyway.

It's not filing news, but John Courage is in another race for an endorsement, with a donation to go along with it. Read about it here. I should note that Nick Lampson is also in the running, though he's in better financial shape. Check it out and cast a vote.

Finally, also not filing news, but if you're not reading Larry Stallings' blog, you're missing out on one of the more original voices in the campaign blogworld. It's in my Bloglines subs now. And if you're in San Antonio and need something to do this Saturday, consider blockwalk training.

Posted by Charles Kuffner
December 06, 2005
Mary Beth Harrell on sending her son to Iraq

Mary Beth Harrell has two sons on active military duty. Her eldest was just deployed to Iraq. She writes about that and what it means to her as she runs for Congress here. Check it out. Link via Eye on Williamson.

Posted by Charles Kuffner
More Texan of the Year sightings

TexasISD.com, the homepage for Texas school administrators, saw our choice for Texan of the Year and gives its approval.


I respect those individuals who hold high office but appear not to forget who sent them there or where they came from. As I listened to some of Carter Casteel's speeches, I was left feeling proud to be a Texan and an educator.

[...]

I also like Carter Casteel because she respects educators for the work they do and votes principle over party.


Casteel's blogging colleague Aaron Pena also approves.

[W]ith the purge of the moderates from the Republican ranks and packed Democratic districts who then is left to speak for the large middle of Texas. More simply, where are the independents who will speak for Texas when partisanship becomes the religion of the day.

These brave souls will have to reach away out of their comfort zones if we are to have successes -- as Democrats and pragmatic Republicans have done in stalemating pro-voucher advocates.

[...]

By the way, I saw our favorite Texan of the Year at the Christmas Tree lighting ceremony on Saturday. I told her congratulations for the recognition. She seemed happy about it and said thank you.

Sometime ago she told me her staff alerts her to the posts we write, so I know she sees them. Before you know it she will be blogging herself.


Bring it on, I say. The more insight we can get from the floor of the Lege, the better.

In the interest of full disclosure, I note that not everyone was impressed with our choice. Maybe we'll do better for you next time, dude.

Posted by Charles Kuffner
SCOTUS to review insanity defense

The Supreme Court will review whether states must provide for an insanity defense in criminal cases and what their standards for evidence are. Though the suit in question originated in Arizona, it may have an effect on the Andrea Yates case, among others.


Following Texas' law, which is similar to Arizona's, a Harris County jury found Yates to be sane when she drowned her five children in a bathtub in 2001. The jury convicted her of two capital murders in the deaths of three of her children and sentenced her to life in prison.

Yates, who thought she was possessed by Satan, had a history of schizophrenia and postpartum depression and had attempted suicide twice before killing her children, according to testimony.

Her conviction in the deaths of three of the children was thrown out on appeal because of an unrelated issue. She remains in custody as prosecutors prepare to retry her.

"It speaks volumes that the court has decided to hear the (Arizona) case," said George Parnham, Yates' Houston defense attorney. "It's obviously an indicator that our judicial system is beginning to recognize the inadequacy of our laws. The reality of mental illness, particularly involving a person who is operating in a world of psychotic delusion, is beginning to be appreciated by our judges, and eventually will be by our prosecutors."

Alan Curry, a Harris County assistant district attorney who handled the Yates case on appeal, said the Supreme Court case is unlikely to have a direct impact on her case. But he said the high court could give states some guidance on what constitutes insanity and what evidence should be considered.

"I'm all in favor of discussing it and figuring out the right way to do it," Curry said.

He expressed concern that the justices could change the law and make it too broad, allowing people like Yates to go to a mental hospital instead of prison and sparing people like Angel Maturino Resendiz, Texas' serial "railroad killer," whose insanity defense was rejected.


No law and no standard will ever be perfect. It may not be possible to reliably differentiate between the Yateses and the Railroad Killers. The question is where do you choose to err.

I'll take Assistant DA Curry at his word and agree that we should have a discussion about how best to handle mentally ill defendants. If you want to get started, here's a provocative place to begin.

Posted by Charles Kuffner
Early voting ends at 7 PM today

Today is the last day for early voting in the city of Houston for the runoff elections. Polls are open until 7 PM. After that, you have to vote in your home precinct on Saturday. As a reminder, here are the early voting locations. Turnout will be low, so that means short-to-nonexistent lines and a proportionally bigger impact with your vote. What more could you want? Go vote, it's good for you.

Posted by Charles Kuffner
Let the filings begin!

Yesterday was the first day that candidates turned in their paperwork to run for office. So who's in so far?


Agriculture commissioner Susan Combs was among those filing in the Republican primary for statewide office. She wants to be state comptroller. Incumbent Comptroller Carole Keeton Strayhorn has announced that she's leaving the office to make a GOP primary bid against Gov. Rick Perry.

State Sen. Todd Staples, R-Palestine, filed for agriculture commissioner in the GOP primary, and incumbent Republican Land Commissioner Jerry Patterson filed for re-election. Local Republican members of Congress filing for re-election were Michael Burgess of Flower Mound and Kenny Marchant of Coppell.

In the Democratic primary, Barbara Ann Radnofsky filed for U.S. Senate. She will oppose Republican incumbent Sen. Kay Bailey Hutchison, who has indicated she will seek re-election. Democratic lawyer David Van Os filed for the Texas attorney general's race.


That's a Star-Telegram story, and it notes there were many other local incumbents filing for reelection, with one (Republican State Rep. Charlie Geren) drawing a primary opponent.

The Chron does not have a filing story, but it does give us this piece on the Senate money race.


In the first nine months of this year, [Senator Kay Bailey] Hutchison raised nearly $1.6 million and spent about $895,000. She has more than $7.3 million saved from previous races, often against weak challengers, and from her exploratory bid for governor, which she ended in June.

As of September, her financial cushion was the sixth-largest among the hundreds of candidates for the Senate, according to PoliticalMoneyLine, which tracks money in campaigns.

[Democratic candidate Barbara] Radnofsky, a Houston lawyer, has made more than 275 campaign stops since she began considering a bid for elected office nearly two years ago, and she has been raising money tirelessly.

She raised about $584,000 between Jan. 1 and Sept. 30, the latest figures available, and spent more than $200,000.

"I calculate what (Hutchison's) dollar advantage is to me fairly frequently, and I am careful about my spending accordingly," said Radnofsky.


At least Radnofsky's existence is being acknowledged now. It's a start.

No filing stories in the Morning News either, but last week they did tell us that Ralph Hall will run again.


A number of politicians have waited years for Mr. Hall to retire. Two already are campaigning for the Democratic nomination in the 4th District, which stretches from the Dallas suburbs to Texarkana.

But Mr. Hall – who weathered the last round of redistricting after switching parties five minutes before the filing deadline in January 2004 – has proved himself a survivor.

For years, as a conservative Democrat, he voted often with Republicans and held on to an East Texas district where his own party was badly outnumbered.

Last November, in his first race as a Republican, he carried 68 percent of the vote.

He joked Tuesday that he'll stay in Congress "till somebody overtakes me age-wise. ... I'm in good health and doing well. I think I can be re-elected."

Vying for the Democratic nomination are Glenn Melancon of Sherman, a history professor at Southeastern Oklahoma State University in Durant, Okla., and Kevin Anderson of Anna, who ran as a Libertarian last year.


The Express News gives David Van Os' filing a little coverage:

David Van Os, a local attorney active in Democratic circles, said he will officially kick off his campaign for Texas attorney general today by filing the required paperwork at the Texas Democratic Party headquarters in Austin.

"Texas belongs to all the people, and they are entitled to a people's lawyer as attorney general who'll fight to restore it to them," Van Os said.

Van Os challenges Greg Abbott, a Republican who has held the seat since 2002.

He has the support of former Texas Agriculture Commissioner Jim Hightower, who said of Van Os: "The people will have a lawyer who represents them for a change."

Van Os has made two other bids for state office. He ran unsuccessfully for the Texas Supreme Court in 1998 and 2004.


Capitol Inside has some news from the State Rep front:

Jesse Martin - a Central Texas Democrat who led an internal revolt against the state Democratic Party's leadership three years ago - filed Monday to run for the Texas House seat that State Rep. Suzanne Hupp is vacating next year.

Martin, a rancher from the Buchanan Dam area, is the only Democrat so far to enter the competition for House District 54 seat that Hupp first won in 1996. Two Republicans - former Killeen school board member Jimmie Don Aycock and Olympic gold medal winner Hans Dersch of Marble Falls - have been campaigning for the seat. Aycock also filed Monday for a place on the March 7 primary election ballot.

Martin - a former State Democratic Executive Committee member and key player in the Progressive Populist Caucus - sponsored a resolution in early 2003 designed to force then-state chair Molly Beth Malcolm out of the leadership role in the wake of the party's collapse at the polls the previous November. Malcolm's critics argued that new leadership was needed, pointing to the party's failure to win a single statewide race during her four years at the helm.

[...]

Thirty-one House candidates including 19 incumbents have filed so far for next year's campaigns. Seven of 12 candidates who've filed for congressional races are current members - and all but one of five contenders to pay filing fees for state Senate contests are incumbents.

The list of challengers with military experience grew when Democrat K.J. "Bear" Gleason of Athens submitted his application for the race for the seat that State Rep. Betty Brown of Terrell holds. Brown, a Republican, also filed Monday for re-election to the seat that she's held for the past seven years. She's expected to face Kaufman attorney Wade Gent in the GOP primary. There's speculation that Austin lawyer Andy Brown could become the first casualty in the competition for House District 48 seat as a result of residency questions that came up when Governor Rick Perry set a January 17 special election to replace former lawmaker Todd Baxter after he resigned early last month.

Brown - the first Democratic candidate to enter the HD 48 race - apparently moved into the district in time to qualify for the March 7 primary vote. But questions have been raised about whether he's lived in the district long enough to meet the residency requirements for candidates who run in the special election, which the governor declared an emergency and scheduled to take place almost two months before the primary vote.

Two Democrats - Donna Howard and Kathy Rider - have filed to run in the special election and plan to compete for the Democratic nomination in the March 7 primary as well. Republican Ben Bentzin says he will also seek the open Austin seat in both the special and primary elections next year. Bentzin and other prospective candidates have until December 19 to file for the special election - and they can wait until January 2 to submit their applications for places on the primary ballot if they so choose.

Bentzin - a high-tech investor who fell short in a bid to unseat Democratic State Senator Gonzalo Barrientos in 2002 - is the only Republican in the HD 48 race at this point. While Bentzin appears to have support from the GOP establishment, some Republicans have reportedly attempted to persuade Eanes school board member Gail King to throw her name into the ring as well.

King won a seat on the school board in the west Austin district three years ago after retiring from the banking business - and some Republicans think her education background would help offset whatever advantages Rider and Howard may have in the HD 48 competition as former school trustees themselves.


I've noted the HD54 seat before, and while it's a longshot to flip, it's not impossible, so it's nice to have a Democrat in the race. As for HD48, I thought it would be hard for the scenarios there to get more complicated, but there you go.

It's not a filing, but the Statesman says we may have a more crowded Democratic field for Governor after all.


Former Texas Supreme Court Justice Bob Gammage has decided to enter the 2006 Democratic gubernatorial primary, raising the possibility of at least a three-person fray for a chance to chase the Republican nominee in November.

Gammage, who filed paperwork with the Texas Ethics Commission designating himself the treasurer of his gubernatorial campaign last month, intends to announce next week, according to a source who spoke on condition of anonymity to avoid pre-empting the kickoff.

"It's a go," the source said.

[...]

Bruce Buchanan, a government professor at the University of Texas, said a three-way race could generate interest in candidates who would otherwise be overshadowed by the high-powered GOP primary pitting Strayhorn against Perry.

"If they start chipping at each other, maybe somebody will notice," Buchanan said.


As long as they notice that the GOP primary for Governor is not where the action is, I'll be happy.

Last but not least, there have been no surprise filings or non-filings as yet. There have been plenty of rumors of who might run for what, so as long as there's time there's also the possibility of something coming out of left field. I'm hearing a little chatter that Pete Laney may not actually be retiring but may instead be preparing to run for something statewide (and let me give a tip of the hat to PDiddie for picking up on that right away). Nothing substantive to that, just talk, but you never know.

I'll keep an eye on these stories, but there's a lot of ground to cover, and they don't always make the papers. If you know of other filings of interest, please leave a comment or drop me a note. Thanks!

UPDATE: I asked, I received. From a press release from Joe Nixon:


Rep. Joe Nixon today became the first individual to file the papers necessary to become an official candidate in the March 2006 Senate District 7 Republican Primary.

[...]

The filing period to become an official candidate in the March 2006 Senate District 7 Primary technically opened Saturday, December 3rd, but since the HCRP office was closed this weekend Rep. Nixon could not file until [Monday] morning - which he did at 9:35am. The filing period closes January 2, 2006 at 6:00pm.


Give the man points for promptness. Unlike the Governor's race, the SD07 GOP primary will indeed be a race to watch, and unless a Dem steps up it will be the de facto election for that seat. Twenty-seven days to go, people.

Posted by Charles Kuffner
Texas poll: Governor's race

And as long as we're talking polls, the Chris Bell blog has the latest Texas Poll numbers for the Governor's race:


General Election Match-up
46 - Rick Perry (R, inc.)
25 - Chris Bell (D)
13 - Kinky Friedman (I)

Republican Primary
55 - Rick Perry
24 - Carole Strayhorn
11 - undecided


My first reaction upon seeing this is "Tell me again why anyone thought the real action would be in the GOP primary". I mean, sure, Perry versus KBH would have been epic. But Strayhorn? Believe me, I wanted her to do better than this. I wanted her to present a clear alternative, so that eight months later people would perhaps realize that it didn't have to be like this. I wanted her to soften Perry up a bit. Lord knows she can talk a blue streak. But from the get-go she was at best a longshot. Perry's done nothing but give tender loving care to Republican primary voters, while Strayhorn often sounds like a Democrat wannabee. She may have made a formidable general election opponent for him, but as PerryVsWorld said at the get-go, hers was (to say the least) an unconventional strategy for a Republican primary. Why was this so hard a concept for certain members of the press to grasp?

On the other hand, you've got an incumbent Governor pulling less than a majority against a so far not terribly well-known opponent. Perry does better here than he has in the Zogby Interactive polls, which have had him down around 40%, but this is still a mediocre showing. His popularity ticked up a bit last month, but he's still under 50% there with at least as much disapproval. Why shouldn't the general election be the more interesting of the two contests?

Finally, I note that Perry is up in this poll over the Zobgys by about as much as Kinky Friedman is down. That may well mean nothing, but it's interesting to me anyway. Until we get a head-to-head survey, we can only speculate (as Karl-T does) about who Friedman draws his support from.

Side note: Apparently, QR has the GOP primary numbers as 55/24, not 65/24. Either way, one race features an incumbent who's safely above 50%, the other does not. You tell me which has more possibilities.

UPDATE: Here's the Chron story. It also has Perry/Strayhorn at 55/24, so I've corrected it in my blockquote. Perry is more popular in the Texas poll than he is in SurveyUSA:


The governor, whose job approval rating had sunk to 39 percent in September, following his and the Legislature's repeated failures to cut school property taxes and overhaul education spending, was buoyed by a 10-point favorable jump in how Texans now view his performance.

Forty-nine percent of Texans now approve of the governor's work, according to the poll, while 37 percent disapprove and 14 percent don't know.

The boost mainly stems from the positive publicity that the governor received from hurricanes Katrina and Rita, said University of Texas at Austin government professor Bruce Buchanan.

Perry deployed National Guard troops to devastated areas, and state government helped find shelter for evacuees from Louisiana and the Texas coast.

"The governor got right on TV and jumped on that," he pointed out.

Southern Methodist University political scientist Cal Jillson agreed the hurricane publicity helped Perry, but he said short memories about the summer's failed education sessions also were likely a factor.


SurveyUSA has him at 47/47 this month, up from 43/52. I think Jillson is right, which means that Perry's numbers will most likely take another plunge this spring.

By the way, this survey also provides some corroboration for the Gallup poll on Tom DeLay:


Almost half of the respondents (49 percent) had an unfavorable opinion of U.S. Rep. Tom DeLay, R-Sugar Land, the former House Majority Leader who has been indicted on criminal charges relating to financing of state legislative races.

Poor Tom.

Posted by Charles Kuffner
More bad news for DeLay

Ooh, this has to hurt.


CNN/USA Today/Gallup Poll. 803 Adults (713 Registered Voters). December 1-4, 2005. MoE +/- 4%

If Tom DeLay runs for re-election in 2006, in general, are you more likely to vote for the Republican candidate Tom DeLay or for the Democratic Party's candidate for Congress?

Tom DeLay: 36%
The Democrat: 49%

Voters' Opinion of Tom DeLay:

Favorable: 37%
Unfavorable: 52%
Unfamiliar: 11%

Based on what you have heard or read, do you think the charges against DeLay are definitely true, probably true, probably not true, or definitely not true?

Definitely True: 15%
Probably True: 40%
Probably False: 26
Definitely False: 8%


Ouch. As I've noted before, DeLay has been underperforming in his district since at least 2002. With all the scandals and other bad karma surrounding him, it's no wonder his numbers stink.

Kos wonders why they didn't poll the straight-up match between DeLay and Nick Lampson. Via BOR, the CNN story answers that:


However, the poll also showed that voters in the district were, at this point, largely unfamiliar with the most prominent of DeLay's potential Democratic opponents, former Rep. Nick Lampson.

Asked their opinion of Lampson, 61 percent of registered voters said they were unfamiliar with him, while 28 percent viewed him favorably and 11 percent unfavorably.


So Lampson's job is clear: Make sure the voters know who he is, and make sure they realize he's a fine alternative to the bagman they're saddled with now. Oh, and have plenty of money on hand to counter the inevitable slimestorm that will blow in when DeLay realizes his only chance is to drag Lampson down to his level.

Posted by Charles Kuffner
December 05, 2005
DeLay wins one, loses one in court

Tom DeLay had one of the felony indictments against him thrown out today, but a second one was upheld by visiting judge Pat Priest.


Priest dismissed charges of conspiracy to violate the state election code but upheld a money laundering indictment against DeLay and two of his associates: Jim Ellis and John Colyandro. They were charged in connection with spending corporate money in the 2002 legislative races.

Priest had told DeLay's lawyers last month that if he upheld either of the indictments, he would be unable to hold a trial for DeLay before early next year.

House Republicans have indicated they wanted to hold a leadership election in January if DeLay was not cleared by then.

Indictments returned in September and October accuse DeLay, Colyandro and Ellis of being involved in a scheme to flow allegedly illegal corporate money into 2002 Texas House races. The money laundering charges accuse them of running $190,000 in illegal corporate funds through the Republican National Committee.

Lawyers for the three argued that it was legal for the DeLay-founded Texans for a Republican Majority to raise corporate money so long as the money was not donated to candidates. They said there was no trade of funds with the Republican National Committee.

DeLay's legal team, headed by Dick DeGuerin of Houston, had challenged the indictments on numerous legal issues, but DeGuerin called two the "silver bullets."

Those points were that the state conspiracy law did not apply to the election code until a year after the 2002 elections.

The other was that the definition of money laundering did not include checks until 2005. TRMPAC transferred the $190,000 in corporate money to the RNC by using a check.

Travis County District Attorney Ronnie Earle brought the case against Delay as the statute of limitations was running out on 2002 election code violations. The indictments brought a wild legal ride.

After Earle learned there might be "technical" problems with a Sept. 28 indictment on conspiracy to violate the election code, he went to a second grand jury to seek the money laundering charges. The first grand jury had expired, and the second grand jury returned a no bill.

Then on Oct. 3, Earle asked a newly impaneled grand jury to indict Delay, Colyandro and Ellis on money laundering charges, and it did.

DeGuerin had asked to have the indictments dismissed because of prosecutorial misconduct. Priest said he would hear that motion only if he upheld the indictments against the legal challenges.


CNN sheds a little more light on the judge's reasoning.

In asking that the case be thrown out, DeLay lawyer Dick DeGuerin argued that one of the charges -- conspiracy to violate the Texas election code -- did not even take effect until September 2003, a year after the alleged offenses occurred.

Prosecutors, however, said the crime of conspiracy was already on the books, and could be applied to the election code even though such uses were not explicitly in state law at the time.

The judge was not persuaded by that argument and dismissed the conspiracy charge.

But the judge upheld charges of money laundering and conspiracy to commit money laundering. Those charges involve an alleged attempt by DeLay to conceal the source of the campaign contributions by funneling the money through his own political action committee and then an arm of the Republican National Committee.

In trying to have those charges thrown out, the defense argued that the Texas money laundering law does not apply to funds in the form of a check -- just coins or paper money. But the judge said that checks "are clearly funds and can be the subject of money laundering."

The defense attorneys also argued that the definition of money laundering in Texas involves the transfer of criminal proceeds. Because the money in this case was not illegal to begin with, they argued, money laundering never occurred.

But the judge rejected that argument.


Obviously, having one fewer felony indictments against him is a win for DeLay. As this WaPo story from a few weeks back notes, the conspiracy charge probably would have been the easier one to convict on, so that's good news for him as well.

The bad news, of course, is that he's still under felony indictment, and that means he still can't be Majority Leader. As Josh points out, DeLay will probably still be under that indictment when the next round of leadership elections come up for the House GOP caucus, and as Jesse Lee notes, there are already other factions gunning to replace him. There was "muted support" to replace him even before this ruling. So is this the end for poor Tom? Or can he hold things together and hope the trial is speedy enough to get him in under the wire? Stay tuned and find out.

Posted by Charles Kuffner
Henley kicks off campaign for CD07

Jim Henley, longtime debate coach at Lanier Middle School and one of two candidates currently running for the Democratic nomination in CD07 (the other being David Murff), had a campaign kickoff event yesterday. From a press release I got today from his campaign:


Regarding his decision to run for public office, Jim says "A good teacher teaches by example! After two decades of teaching history and debate at one of Houston's finest schools, I have decided to live the lesson that I have been teaching. Discussion and debate are not ends unto themselves, but the prelude to active citizen involvement. My former students are enrolled in colleges and universities across America. They are witness to our country's failed leadership, misguided policies, and an electoral system that has diminished the voice of the voter. I announce this campaign for The United States Congress with the support of my former students and their families and my neighbors."

James B. Henley has dedicated his life to teaching since 1987. He has taught history and debate at Sidney Lanier Middle School where he has won the praise and devotion of a generation of Houston students. The Lanier debate teams have won three consecutive National Middle School Debate Championships. In fact, Mr. Henley’s teams are undefeated in debate competition since 2002. For the past eighteen years, Mr. Henley has directed an annual tour of Washington D.C. leading several thousand parent and students from his school community to meet nation leaders from both parties.

Jim was born in 1947, the son of James B. Henley Sr., a World War II veteran and Laura H. Henley, a native of Belgium. They met and married after the war and raised seven children in Camden, Arkansas. Jim graduated from University of the Ozarks in Clarksville, Arkansas. He served as pastor of the Second Baptist Church of Clarksville from 1967 to 1976 and graduated from Southwestern Baptist Theological Seminary in Fort Worth.

For more information, please visit our website at www.henleyforcongress.com or email hcydpresident@yahoo.com.


As I said before, I'm happy to see people want to get in a race on the Democratic ticket. I look forward to hearing more from both candidates in CD07.

By the way, Henley was introduced at yesterday's event by his sister, who is someone you may have heard of.

Posted by Charles Kuffner
Talmadge Heflin rises from the dead

The Quorum Report had this when they first put out their big list of candidates, and today they confirm it: Talmadge Heflin wants a rematch in HD149.


"I still have work to do. I still can represent the district well and get some other things accomplished, so I'm putting my hat back in the ring," he said.

Allen Blakemore is likely to consult for the campaign, Heflin said. Filing for a place on the ballot is open through Jan. 2, and Heflin said he hasn't decided yet on a date.


In Harris County, HD149 is about the only office currently held by a Democrat that has a chance of flipping next year. Heflin, as we know, lost in 2004 for a number of reasons - he was out of touch with a district that was increasingly less Republican than before (remember, he won with only 55% of the vote against a relatively unknown challenger in 2002), he had a record from 2003 that was easy to exploit on the campaign trail, and he made the news in the bad way during the campaign with the bizarre child custody story. I presume that won't be happening this time around, and I presume he's learned a little something about why Hubert Vo beat him in 2004. He's got nothing but time now, so perhaps he'll do some real campaigning in the coming months. And finally, it's not like he got swamped when he lost.

All that said, I don't fear a Heflin challenge, and I doubt Hubert Vo does, either. Heflin still looks and sounds like a 1980s-era politician trying to be relevant in the 21st century. He's still got his record from the 78th Lege and before, and I for one doubt that he'll change his tune on any of it. He could certainly surprise me, and I hesitate to underestimate Allen Blakemore, but if I had to pick someone to run against Vo, it would've been ol' Talmadge. The only question in my mind is whether or not he'll have a clear shot at the Republican nomination. It won't shock me at all if someone else jumps in to keep him out of it.

UPDATE: BOR notes some other rematch possibilities in the offing. Greg wonders if this means Heflin is no longer an applicant for the Texas Lottery Commission gig.

Posted by Charles Kuffner
Texan of the Year sighting

There's a Texan of the Year sighting in today's Chron.


FOR many Republican lawmakers, being selected Texan of the Year by a bunch of liberal political bloggers might not be welcome news.

But state Rep. Carter Casteel of New Braunfels said she was "tickled" to be recognized by the bloggers for political courage in bucking the House leadership on several education issues this year.

Charlie of Pinkdome, who goes by his first name only because of his day job with a finance company, came up with the idea to have 17 bloggers work together to recognize a Texas politician.

The blogs asked their readers to nominate politicians. Communicating by e-mail, the bloggers ranked the 150 suggestions and finally decided on Casteel, a lawyer and former teacher whose West Texas accent commands attention when she steps to the microphone in the House.

Casteel opposed school vouchers and bills pushed by the House leadership that would have intruded on local school district control. She chastised her colleagues for treating educators as the enemy and said she didn't care if her stands on issues cost her re-election.

"We like fire in the belly. And that's why she won," said Eileen Smith, whose In the Pink Texas is a popular blog among Capitol insiders.


Would have been nice if they'd included a link or two, but what the heck. At least they picked up on the story, which is what we were hoping for when we did this. So far, they're the first I've found to have done so.

Posted by Charles Kuffner
Toll road lawsuit in San Antonio

A lawsuit has been filed to halt the construction of a toll road in San Antonio which opponents say would harm the Edwards Aquifer.


Aquifer Guardians in Urban Areas believes state transportation officials have rushed the project and ignored their responsibility to conduct an environmental impact statement.

The group filed a suit in federal court in San Antonio on Friday against the Texas Department of Transportation. It's an effort to stop work on the highway that could eventually span 16 lanes at its widest and run, in part, over the Edwards Aquifer recharge zone.

"A project of this magnitude, the start of a billion-dollar toll road system largely built over the single source of water for this region, clearly calls for an environmental impact statement," said Bill Barker, a transportation engineer working with Aquifer Guardians.

The state did perform an environmental assessment of the project in 1984 and re-evaluated that study in 2000 and 2004. But an environmental assessment is a lesser analysis than an environmental impact statement and inadequate given the scope of the project, Barker said.

For instance, the 2004 assessment dedicated a single paragraph to the potential impact of the roadway on the Edwards Aquifer, according to the suit.

[...]

The Austin-based People for Efficient Transportation joined Aquifer Guardians in the suit. The groups have contracted with attorney John Fritschie of the well-known Austin-based environmental activist organization Save Our Springs Alliance.

Aquifer Guardians President Enrique Valdivia, who is an attorney specializing in environmental issues, said the group probably will ask a judge to temporarily stop construction while the legal issues are settled.

Valdivia wouldn't hazard a timetable for the litigation but said an environmental impact statement could take up to a year for a project the size of the toll road.


A joint press release by the plaintiffs can be found here. We'll see how this goes.

One point to add:


State transportation officials had not seen the suit and could not comment on it, said Department of Transportation spokeswoman Gaby Garcia.

"Generally speaking, the need for toll roads is pretty evident across the state," she said. "You can drive down Interstate 35 at any given time of the day and see that it is pretty well congested. That's the hard reality."


If you believe that the only options are "build toll roads" and "do nothing", then yes, I suppose there's a need for toll roads. If you believe there are other possibilities - like, say, building non-toll roads - then the choice isn't so clear cut. In this case, the tolling nature of this road isn't particularly relevant, but I wanted to point this out anyway. Until our elected leaders are more honest about the relevant revenue sources for road funding, we won't be able to have a productive discourse about what our options really are.

Posted by Charles Kuffner
A tale of three cities

Stories about residential development in urban downtown areas were all around the news this past week. See this story on San Antonio's efforts, with commentary from The Red State and B and B, and this WSJ story on Dallas, with generous excerpting and additional remarks from Tory. Tory also noted that Houston's downtown has experienced growth in residential population, though it's not where you want it. I suspect, as Tory seems to, that this definition of "downtown" stops at the Pierce Elevated on the south side, meaning that it does not include the vast growth in Midtown, much of which is a reasonable walk or short light rail trip away from the CBD. Be that as it may, there's some interesting stuff there, so check it all out.

Posted by Charles Kuffner
December 04, 2005
Top Ten Reasons to Vote For Barbara Radnofsky

Somebody at Team Radnofsky has been busy with the oppo research:


Barbara Ann Radnofsky's opponent spent 2005 declining to discuss any specific challenges to her anti-Texas voting record. While absurdly claiming through her consultants that "Every poll has shown that the senator has the highest approval rating of any elected official in history," one recent poll put Senator Hutchison at 41% among Hispanics. Another poll put her in the low 50’s against Radnofsky.

As 2005 draws to a close, we present our proposals and contrast them with the ten most unpopular, cynical, anti-Texas positions espoused by the senior U.S. Senator from Texas.


Excerpting doesn't do it justice. Go read the whole thing. Radnofsky will be filing her official papers tomorrow; we'll see if any part of this gets picked up in whatever coverage she gets.

On a side note, PerryVsWorld lists the important dates for the filing season. The main one for now is January 2, which is the deadline. Buried deep in the comments of this MyDD post are a bunch of names for currently unopposed GOP-held Congressional seats. I'll be keeping an eye on this as the filing period progresses.

UPDATE: David Van Os will also be filing tomorrow. Somebody get me R.G. Ratcliffe on the line!

Posted by Charles Kuffner
Lonely times at the early voting locations

To the surprise of no one, business has been slow at the early voting locations so far.


Turnout for Saturday's six runoff elections probably will be about 10 percent of registered voters, election officials say.

Reasons include holiday distractions, low voter interest in the races and the fact that all but one of the contests are limited to specific districts within Harris County.

Early voting started Wednesday and runs through Tuesday.

On the first day, only 918 people showed up at the polls. First-day voting was much heavier in the 2001 and 2003 runoffs, which decided races for Houston mayor.

"Turnout is going to be very light," said David Beirne, a spokesman for Harris County Clerk Beverly Kaufman, the county's chief elections official.

"There's not a mayor's race or proposition driving people to vote," he said. "By the runoff, people think the thing is already decided or their candidate is no longer in it, so they decide to stay home."

[...]

It was a "slow, slow" day at the Metropolitan Multi-Service Center, traditionally one of the most popular early voting locations, when voting began there Wednesday, said site supervisor Lee Parsley.

Only 116 people showed up, and the longest line they had all day was two people deep, Parsley said.

"They don't have much to vote for," Parsley said. "They come in fast, and they leave fast. We're happy to get anyone to come in. It's a low-key, runoff race."


We did our civic duty at the MMSC this afternoon around 4 PM. No waiting in line, and only two campaigns (Aiyer and Hittner) had volunteers present in the parking lot. Tomorrow and Tuesday are your last chances until the general on Saturday. As a reminder, here are the locations and hours.

As long as there's not much news to discuss for the runoff, here's an essay question to ponder: Why don't we extend the early-voting concept of "voting centers" to Election Day itself, as they're thinking about doing in Denver? The fact that we have them for early voting is proof that we don't need a polling place in every precinct, though of course we'd need more voting centers on Election Day itself than we have during early voting, especially when turnout is expected to be heavy. I realize there are reasons practical and sentimental to keep many traditional neighborhood polling places, but I submit that voting centers make it harder to practice certain types of voter intimidation (since you can't say with nearly as much certainty who's showing up at a given center) and also eliminates challenging votes for being cast in the wrong precinct (as we saw in the Heflin/Vo challenge). I believe that these two benefits would outweigh those objections. But, since it's an essay question, what do you think?

Posted by Charles Kuffner
Forty years of "A Charlie Brown Christmas"

Nice little piece on the fortieth anniversary of A Charlie Brown Christmas and its enduring appeal. Seems to me, though, that the pop culture historians have overlooked a simple and obvious part of the show's draw:


No doubt the humor in the admittedly sluggish storyline and the peculiarities of Schulz's characters are big factors in the show's continued popularity, said Derrick Bang, the entertainment editor of the Davis Enterprise in California and author of three Peanuts-related books. His latest, It's Only a Game, is a collection of single-panel cartoons by Schulz from the 1950s.

Scenes from the show and Peanuts gags are cultural mainstays: Lucy in the psychiatry booth, Sally radiating hearts for Linus, Lucy trying desperately to get Schroeder to notice her noticing him.

"I watch the show every year and still chuckle when Charlie Brown and Linus are on the Christmas tree lot," Bang said. "They rap on the aluminum Christmas tree and it goes, 'clunk, clunk.' It's a sociological statement people can relate to."

The music undeniably became a draw, Bang said, and the CD sells extremely well every year. [Vince] Guaraldi, who died at 47 in 1976, was a genius at the instrumental hook, he said.

And Bang agreed with [executive producer Lee] Mendelson that the Linus spotlight scene clinched it. Bang said the comic strip had gentle theologic content but was never preachy. In the Christmas special, too, Schulz wasn't sermonizing.

"That was the meat," Bang said. "I truly believe the special was a convergence of many happy events."


Two words: Snoopy Dance! (warning: music) I mean, come on. Is there anybody who's seen this show who wouldn't say that the scene where everyone dances to the song "Linus and Lucy" isn't the most memorable? It was one of the things that bonded Xander and Willow, for goodness' sakes. How can you not even mention it?

Anyway. I always looked forward to A Charlie Brown Christmas when I was a kid, and I still love it today. I hope Olivia watches it with her kids on its 80th anniversary. Along with How the Grinch Stole Christmas, it's the best one out there.

(Side note: Did anyone else see the (as far as I know) one-time airing of Berke Breathed's Christmas special A Wish for Wings That Work in 1991? I videotaped it at the time, loaned the tape to someone, and never got it back, which annoys me every year that it doesn't get rerun. There's also a book version of this, which I own, but it's totally different than the show. I'd love to see this special again.)

Posted by Charles Kuffner
December 03, 2005
As we approach the wire in the runoffs

Three more days of early voting. One week till the runoff. We'll all need the break that Christmas will provide.

Couple things happening beneath the radar that you ought to know about. First, a little while back the question of whom Democrats ought to support in the City Council District C runoff was asked. That question has been pretty definitively answered, and the answer is Anne Clutterbuck, who has picked up endorsements from the Houston GLBT Political Caucus and general election opponent Mark Lee. Perhaps realizing this, George Hittner has taken a turn to the right in his campaign. Greg has a copy of Hittner's latest mailer, apparently sent by uberconservative Steven Hotze. Take a look if you're in District C and still undecided.

Meanwhile, over in City Council At Large #2, there's been a lot of heat coming from the Lovell camp over some inflammatory anti-gay rhetoric from Houston talk radio host Edd Hendee, which he said while also endorsing Jay Aiyer. Lovell and the Houston GLBT Political Caucus has demanded that Aiyer disavow Hendee:


We call on Jay Aiyer and his supporters to repudiate publicly the vile remarks made Tuesday by radio host Edd Hendee and Mr. Hendee's endorsement, which Mr. Aiyer sought. Mr. Hendee's statements attacking families and children, and implying that adopted children have an inferior status in the life of a family, are wrong, morally offensive, and have absolutely no place in what should be a civilized and informative campaign for public office. His attack on Sue Lovell's children and family, and the families of her supporters, are particularly mean and vicious and he should be told loudly and by all that this is unacceptable.

Mr. Aiyer and his supporters should reject publicly Mr. Hendee's endorsement and send a message that hate has no place in Houston. As Mayor Bill White said at his inauguration, "We're all in this together and that's the way we ought to approach solving the problems of the City of Houston."


Aiyer responded as follows:

All too often in politics today, the low road is the one most traveled. In May, I signed the Texas Code of Fair Campaign Practices, partially in response to disturbing racially bigoted comments coming from Ms. Lovell's campaign. In the spirit of having a rigorous contest on the substantive issues of importance to Houstonians, I called on the other candidates in the race to join me in signing the pledge. No one else signed.

Hate has no place in Houston. Any such prejudicial comments, be they based on sexual orientation, ethnicity, or any other "lowest common denominator" divisive issue are wrong and have no place in public discourse. I will always oppose discrimination in all its forms, and reject personal attacks against candidates or their family members.

I take Mayor White's call to never let people divide Houston very seriously. That is why I have worked hard to run an inclusive, non-partisan campaign that reaches out to Houstonians from all walks of life. There is far too much work to be done continuing to move our city forward to take the low road.


That wasn't enough for Lovell:

I and my supporters renew our call on Jay Aiyer to repudiate the endorsement and vicious statements of Edd Hendee. Mr. Aiyer to this date has not done so.

I repudiated and rejected the unsought endorsement and ugly statements of James Galvan, immediately and without reservation. I did not want that kind of sentiment associated with my campaign.

Mr. Aiyer sought Mr. Hendee's endorsement, according to Mr. Hendee. Mr. Aiyer should now reject that endorsement and prove to Houstonians that he will stand up to bigotry and hatred.


Greg has the transcript and more than a few choice words for Lovell, whom he accuses of hypocrisy in the whole affair. A site called Sepia Mutiny notes that one of Lovell's senior campaign advisers has been publicly calling Jay a “dot-headed terrorist”. There's more back-and-forth about it there, so go see for yourself. Is it just me, or does anyone else think this is the sort of thing that might, I don't know, attract some media coverage?

Finally, as Stace notes, there have been some ugly things said in the HISD1 runoff as well. From Friday's story, which was about a re-airing of the ethics charges against Anne Flores Santiago from her mother's primary challenge to State Sen. Mario Gallegos last year:


At one point, Santiago's aunt, 71-year-old Dolores Torres, shouted that people should vote for her niece because, "She's Hispanic and grew up in the community. She's not Iranian."

Santiago's opponent was born in Ohio to an Iranian-born father and a mother from Kentucky. She came to Houston in 1990 as a Teach for America corps member assigned to teach Spanish-speaking middle school students. Kamrani is now a lawyer, married to Chris Barbic, founder of YES College Preparatory Charter School.

"Foreigners are coming in not knowing the community," Torres said. "Anne grew up here."


Like I said, ugly things. But the end is in sight. If any of this makes you depressed and less likely to haul yourself to a polling place, please shake it off. The need to participate doesn't change because of regrettable words. If anything, and however much I'm tired of the negativity, I'm more determined to cast my votes now.

Posted by Charles Kuffner
Smokey Joe versus the BCS

Despondent because your team may not play for the national championship in college football? Sad because said championship is called a "mythical" one in the first place? Do you feel that your life will lack purpose until Division IA football becomes like any other sport and as a postseason playoff to determine a champion? Well, buck up, because Smokey Joe Barton is on the case!


A House Energy and Commerce subcommittee, charged with regulating America's sports industry, announced Friday it will conduct a hearing on the BCS next week, after this season's bowl matchups are determined.

"College football is not just an exhilarating sport, but a billion-dollar business that Congress cannot ignore," said committee Chairman Joe Barton, a Texas Republican. Barton's panel is separate from the House Government Reform panel that tackled steroids in baseball.

The committee announcement called the hearing, scheduled for next Wednesday, a "comprehensive review" of the BCS and postseason college football.

"Too often college football ends in sniping and controversy, rather than winners and losers," Barton said. "The current system of determining who's No. 1 appears deeply flawed."


The first order of business will be to determine why there is no college football PAC funnelling money into Barton's reelection campaign.

Barton said he does not have legislation in mind to force a change, but said he hopes congressional hearings will spur discussion and improvements. It won't be the first time Congress has looked at the BCS. In 2003, the Senate probed whether the system was unfairly tilted against smaller schools.

What he's really hoping for is a little free publicity and the chance to do some gratuitous grandstanding against a system that nobody really likes or can reasonably defend.

Look, I dislike the BCS as much as anyone, especially since the team I root for is in a non-BCS conference. I'm perfectly happy to see it trashed. But even I, big-government-loving, BCS-hating liberal that I am, don't think this is a job for Congress, just as I don't think Major League Baseball's steroid policy is a job for John McCain. It would be nice if the next reporter who writes about this would ask ol' Smokey Joe why he thinks it is.

Posted by Charles Kuffner
If this is how it's gonna be, wake me up on November 8

Today is the start of filing season for the 2006 elections. If this is typical of the coverage we're going to get, it's going to be a long, long year.


As the 2006 political season officially opens with the start of candidate filing today, Texas Republicans are targeting another sweep of statewide offices and gains at the local level, while the grand plan for the Texas Democratic Party is to think small.

On paper, the year could be a year of opportunity for Democrats: The Republican Party's national support has slid over the war in Iraq, and Texas polls have shown that many voters are frustrated by the failure of a Republican-dominated Legislature to pass a school funding plan.

"This is a perfect storm politically, and I think we'll benefit from it," said Texas Democratic Chair Charles Soechting.

But Texas Democrats appear to lack the infrastructure to capitalize on the Republican shortcomings in statewide races and have not yet attracted any candidates with widespread name recognition.

"A good year for the Democrats would be a gain of four or five seats in the House, maybe one or two in the Senate," said Cal Jillson, a political scientist at Southern Methodist University. "The table is set for modest gains."


If you can tell from this context whether Dr. Jillson is referring to national Democrats or Texas Dems, drop me a line and let me know. If he's talking nationally, a gain of four or five House seats plus one or two in the Senate would be actually a bit disappointing given trends, history, and expectations. If he's talking statewide, a four or five House seat pickup would indeed be good, but even I wouldn't predict any gains in the Senate, given that the last time I looked there weren't any announced Democratic challengers to Republican-held slots. Flip a coin and decide for yourself which it is.

So far, there are announced Democratic candidates for governor and U.S. Senate, but no other statewide offices. The party instead is focusing on rebuilding for 2010 and capturing some seats in the Texas House and on the Third Court of Appeals.

[...]

The only Democratic candidates formally announced for any statewide office so far are Houston lawyer Barbara Radnofsky for U.S. Senate and former Houston congressman Chris Bell for governor.


Umm...David Van Os? Running for Attorney General? Been on the campaign trail for, I don't know, six or eight months now? Was on the statewide ballot in 2004? Hello? Anyone there?

And though she's nobody's idea of a serious candidate, Maria Alvarado has announced her intention to run for Lite Guv. If you're going to use words like "only", you really should check to make sure you've counted everyone. I expect better than this from RG Ratcliffe.


Bell wants to take on the winner of the GOP gubernatorial primary. Former Texas Supreme Court Justice Bob Gammage also is looking at entering the Democratic primary for governor.

But a search of on-line news libraries showed independent gubernatorial candidate Kinky Friedman, mystery writer and singer, has garnered more ink in the Texas press in 2005 than Bell and Radnofsky combined.


That sound you hear is me grinding my teeth. Friedman gets the ink because he's a Celebrity, which seems to be the one thing that guarantees coverage these days. Meanwhile, the newspapers ignore what Bell and Radnofsky have to say (never mind poor David Van Os), then criticize them for not getting into the newspapers. How stupid can you get? Just shoot me now.

Meanwhile, a bit of unintentional comedy from the latest Statesman blog, Postcards from the Trail.


Don’t count Tony Sanchez out of making a second try for governor quite yet.

Sanchez, the deep-pocketed Laredo businessman who won the 2002 Democratic gubernatorial nod before getting walloped by GOP Gov. Rick Perry, said this week he’s still mulling his options.

“I’m still looking at the landscape,” Sanchez said. “Obviously, I’ve got to make a decision over the next four weeks,” he said, a reference to the candidate filing period that starts Saturday. “I want to think about the direction of the state.”


Tony Sanchez will be the Democratic nominee for Governor approximately five minutes after a squadron of javalinas is spotted doing aeronautics over the Capitol. That's all I'm going to say about that, and it's all you need to know. Thanks to the equally skeptical Eye on Williamson for the catch.

It's gotta get better from here, right? Please tell me it's gonna get better.

Posted by Charles Kuffner
December 02, 2005
Laney retiring

Former State House Speaker Pete Laney will not run for reelection next year.


Laney, D-Hale Center, held the House's top job from 1993 to 2003, losing his spot to current Speaker Tom Craddick after Republicans captured a House majority in the 2002 elections. He made the unusual move of returning to the House floor after Craddick beat him, voting regularly with Democrats but hardly ever speaking on the House floor.

"I'm not leaving town," Laney said. But not seeking another term "is best for what I need to do now."

Laney worked well with then-Gov. George W. Bush, introducing Bush to the country from the House chamber on the night he claimed victory in the 2000 presidential election.

His seat has long been expected to turn Republican once he retires. GOP leaders tried to beat him in 2001 with a dramatic redrawing of his district, but he held on.


HD85 is almost definitely a seat that will flip next year. It's at best a 60-40 GOP district, and without a longstanding incumbent like Laney running, it's hard to see it bucking the overall partisan index. Anything can happen, of course, but all things being equal I'd assume that Laney's 2004 challenger Kent Sharp is the frontrunner right now.

Posted by Charles Kuffner
Justice Department voted against DeLay redistricting map

Almost two years ago, after the 2003 Texas re-redistricting map had been approved by the Lege and as the Jackson v. Perry lawsuit first made its way into the courts, there were reports that lawyers at the Justice Department wanted to rule that it violated the Civil Rights act, but were turned aside by political appointees. There was supposed to be a memo that outlined problems with the new map; Democrats have wanted to get their hands on that memo all along.

Well, now they have. The Washington Post reports on its existence and contents today (link via Kos):


The memo, unanimously endorsed by six lawyers and two analysts in the department's voting section, said the redistricting plan illegally diluted black and Hispanic voting power in two congressional districts. It also said the plan eliminated several other districts in which minorities had a substantial, though not necessarily decisive, influence in elections.

"The State of Texas has not met its burden in showing that the proposed congressional redistricting plan does not have a discriminatory effect," the memo concluded.

The memo also found that Republican lawmakers and state officials who helped craft the proposal were aware it posed a high risk of being ruled discriminatory compared with other options.


You can see a copy of the full memo here. It's a 73-page PDF, so take that into account. I did some scanning through my archives and found several posts related to this. See here, here, here, here, here, here, and here. A summary of the memo from the Lone Star Project is beneath the fold.

Would this have affected the lawsuit had the memo been released at the time? You'd have to ask the judges, but I'd have to think it'd be yes. Strictly speaking, it should have mooted the lawsuit, at least at the time, because it should have prevented the new map from getting DOJ clearance. And once again, with the passage of time, there seems to me to be nothing that can be done about this. Other than get mad and work harder in the next election, I guess.

Oh, and as Prometheus 6 reminds us, the DOJ built on this success to do the same damn thing in Georgia.

I'm sure there will be more to say on this later. For now, read up on the latest.

UPDATE: Stina has some thoughts on this.

Excerpts from the DOJ voting rights staff memo and section chief's concurrence:

DeLay Plan Retrogressive and Discriminatory:

* "Our examination of the proposed plan indicates that it will lead to an impermissible retrogression in the position of minorities with respect to their effective exercise of the electoral franchise." (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 31)
* The State of Texas has not met its burden in showing that the proposed congressional redistricting plan does not have a discriminatory effect. (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 66)

Effective Minority Seats Weakened and Eliminated:

* "with regard to minority voters' ability to elect the candidate of their choice - the so-called "safe" seats - there is a net reduction of two seats." (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 31)
* "the net result of the plan reduces by one the number of districts in which the Hispanic minority community can "safely" elect candidates of their choice to office." (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 31)
* "There is classic retrogression in the benchmark District 23 (Bonilla).With the extreme level of polarization in the district, Hispanic voters simply no longer have any ability to elect their candidate of choice." (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 68)
* "black voters have the ability to elect the candidates of their choice in 18 (Jackson Lee), 24 (Frost), 25 (Bell), and 30 (Johnson). In the proposed plan, black voters can no longer elect their candidate of choice in proposed 24 (Frost). (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 31)
* "moreover, while proposed 15 (Hinojosa) is no longer a "safe" district, it is not a total loss; it moves from the "safe" category to the "coalitional" category." (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 31)
* In sum, the proposed plan reduces the level of minority voting strength because it eliminates the ability that minority voters have in Benchmark 15 (Hinojosa), 23 (Bonilla) and 24 (Frost) to elect candidates of choice. In each of these districts, the state failed to follow its traditional redistricting principles preserving communities of interest and forbidding fragmentation or packing of minority voters." (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 69)

Overwhelming Minority Opposition:

* "Of the 55 African American and Hispanic legislators in the legislature, 53 voted against the redistricting plan." (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 11)
* "We have either met with or spoken to 22 state house representatives and 13 state senators, of whom 14 are Hispanic, 11 are African American and nine are Anglo. Of the minority legislators to whom we talked, all but two opposed the redistricting plan." (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 11)
* "In total, the Section received 335 [written] comments against the proposed plan, none in favor of it." (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 11)

Staff Experts' Recommendation:

* "For the reasons set forth above, we recommend that you interpose an objection of H.B.3, which provides for the redistricting of the congressional districts in Texas.." (Source: DOJ Section 5 Recommendation Memorandum, December 12, 2003, page 71)

Section Chief Concurrence:

* "Our review indicates that the factors identified as relevant to each prong of the totality of circumstances test demonstrates that the plan is retrogressive." (Source: DOJ Section 5 Recommendation Memorandum, Section Chief Concurrence, December 12, 2003, page 71)
* "in the end we concluded there was a net reduction of one "safe" Hispanic seat and one "safe" black seat." (Source: DOJ Section 5 Recommendation Memorandum, Section Chief Concurrence, December 12, 2003, page 72)

Posted by Charles Kuffner
Duke's money is still good in Texas

What do the following people have in common?


Kevin Brady
Michael Burgess
John Carter
Louis Gohmert
Randy Neugebauer
Ted Poe
Pete Sessions

Yes, I know, they're all Republican Congressmen from Texas. They're all also the recipients of campaign contributions from former Rep turned convicted felon Randy "Duke" Cunningham, and as The Stakeholder notes, they have not seen fit as yet to give that money back.

And why should they give it back? Well, for starters, this is where that money may have originated:


"Between the year 2000 and June of 2005 in our district, you conspired to accept bribes in exchange for performance of official duties. Did you do that?" [U.S. District Judge Larry A.] Burns asked Cunningham.

"Yes, your honor," Cunningham replied.

"Did you take both cash payments and payments in kind?"

"Yes, your honor," the congressman said.


So if any of these folks happen to be your Congressman, you might want to ask them what they plan to do with the Duke's money. Let me know what happens if you do.

UPDATE: Looks like the message has been received, at least for the most part:


Two Dallas-area lawmakers, Reps. Pete Sessions of Dallas and Michael Burgess of Flower Mound, said they would donate to charity the sums [Cunningham's American Prosperity] PAC gave them. Mr. Sessions got $3,000 for campaigns in 2000 and 2004 but hasn't picked the charity, spokeswoman Gina Vaughn said.

Dr. Burgess said he'll deliver $1,000 on Saturday to the Black Bookworm, a Fort Worth bookstore where the African-Americans Against AIDS Task Force is raising money for children's Christmas gifts.

"I'll drive the check down there myself," he said.

[...]

Texans got $20,000, mostly to campaign accounts, except for [$6,000] to Mr. DeLay's legal fund. The Sugar Land lawmaker is fighting state campaign-law and money laundering charges. [Brent] Perry, the fund trustee, said he's researching House rules to determine if the money can be given to charity. If not, it will be returned to the Cunningham PAC, he said.

[...]

Only one Texas lawmaker said he would keep his donation: Rep. Randy Neugebauer of Lubbock, who got $3,000 last year.

"In addition to having been raised in a previous election cycle, these funds were raised legally and in full compliance with federal election laws," spokesman Josh Noland said.

[...]

Reps. Kevin Brady of The Woodlands will give his $1,000 to The Salvation Army's hurricane relief efforts, spokeswoman Sarah Stephens said. Two freshmen known as tough-on-crime judges before their elections last year, Reps. Ted Poe of Humble and Louie Gohmert of Tyler, said they'll donate the funds. A Poe aide said he hadn't picked a charity for the $2,000 he got. Mr. Gohmert, who got $3,000, said he'd find one that helps U.S. troops.

Rep. John Carter of Round Rock, also a former judge, got $1,000 but did not respond to repeated inquiries over two days.


So Neugebauer is keeping the cash, and Carter is ducking inquiries. Feel free to keep pursuing those two.

On a related note, though she didn't get any money from the Duke himself, Sen. Kay Bailey Hutchison did get two grand from ADCS, Inc., also known as the firm owned by Duke's Co-conspirator #1. You can see that here.

Posted by Charles Kuffner
Belated Giant Presidential Head photos

Former Houstonian (and soon to be proud daddy) Rob of Get Donkey! seems to have reacquired his blogging groove, and to prove it, he's finally gotten around to posting his photos from the David Adickes sculpture studio when he and I and a few other folks took pictures of the famous Adickes Giant Presidential Heads. Check it out.

Posted by Charles Kuffner
TPJ petitions for investigation of Ralph Reed

And another front has been opened in the Jack Abramoff Scandal-Go-Round as Texans for Public Justice has sent a letter to Travis County Attorney David Escamilla requesting that he investigate possible violations of the Texas electoral code by former Christian Coalition honcho and current candidate for Lt. Gov. in Georgia Ralph Reed. (The violations would amount to a Class A misdemeanor if true, which is why this is a job for the County Attorney and not the DA.) Their press release is beneath the fold, so you can get their full allegations. FYI, the piece references this Texas Observer article.

Long as we've brought up Abramoff's name, here's the latest at the epicenter.


With a federal corruption case intensifying, prosecutors investigating Jack Abramoff, the Republican lobbyist, are examining whether he brokered lucrative jobs for Congressional aides at powerful lobbying firms in exchange for legislative favors, people involved in the case have said.

The attention paid to how the aides obtained jobs occurs as Mr. Abramoff is under mounting pressure to cooperate with prosecutors as they consider a case against lawmakers. Participants in the case, who insisted on anonymity because the investigation is secret, said he could try to reach a deal in the next six weeks.

[...]

Investigators are said to be especially interested in how Tony C. Rudy, a former deputy chief of staff to Representative Tom DeLay of Texas, and Neil G. Volz, a former chief of staff to Representative BobNey of Ohio, obtained lobbying positions with big firms on K Street.

The hiring pattern is "very much a part of" what prosecutors are focusing on, a person involved in the case said. Another participant confirmed that investigators were trying to determine whether aides conducted "job negotiations with Jack Abramoff" while they were in a position to help him on Capitol Hill.

Prosecutors are trying to establish that "it's not just a ticket to a ballgame, it's major jobs" that exchanged hands, the participant in the case said. Also under examination are payments to lobbyists and lawmakers' wives, including Mr. Rudy's wife, Lisa Rudy, whose firm, Liberty Consulting, worked in consultation with Mr. Abramoff, people involved in case said.


Feel the love. NYT link via Atrios.

Texans for Public Justice, Common Cause Texas and Public Citizen today petitioned Travis County Attorney David Escamilla to investigate the Texas lobby activities of Ralph Reed.

According to state records, Reed did not register as a Texas lobbyist in 2001 or 2002, when he reportedly received $4.2 million to lobby Texas state officials to shut down two Indian casinos in Texas. Embattled gambling lobbyists Jack Abramoff and Michael Scanlon-working for a tribe that operated a competing casino in Louisiana-reportedly paid Reed to pressure Texas officials to close the Texas casinos. The watchdog groups contend that available evidence, including Reed's own electronic correspondence, indicates that Reed was engaged in lobbying activities that would have required him to register as a Texas lobbyist.

With Abramoff's aid, Reed helped convert the remains of televangelist Pat Robertson's 1988 presidential campaign into the fundamentalist Christian Coalition. Nine years later, Reed started his own lobby firm in Georgia called Century Strategies. A U.S. Senate probe into Abramoff's Indian gambling activities has documented that Abramoff hired Reed in 2001 to:

* Kill a 2001 Texas bill (HB 514) that sought to keep the El Paso-based Tigua tribe's Speaking Rock Casino open; and
* Ensure that then-Attorney General John Cornyn shut down Speaking Rock (in part by generating support for such a policy).

The ultimate source of Reed's multimillion-dollar fees for this lobby work appears to be a casino operated by the Coushatta Tribe of Louisiana, which wanted to eliminate competition from Speaking Rock and a small Alabama Coushatta casino in East Texas. The Louisiana tribe hired Abramoff and Scanlon in April 2001, ultimately paying them $32 million.

As soon as Cornyn shut down Speaking Rock in February 2002, team Abramoff pulled off an extraordinary double play. Playing on their close ties to indicted former House Majority Leader Tom DeLay (who once had employed Scanlon as a press secretary), the same lobbyists who had worked behind the scenes to shutter Speaking Rock sold themselves to the Tigua tribe as the lobbyists who could press Congress to reopen that casino. The Tiguas-who hired Abramoff's team for an initial fee of $4.2 million-have since accused Abramoff, Scanlon and Reed of fraud.

"Apart from abandoning every scintilla of ethical behavior, Mr. Reed's Texas lobbying activity also appears to have broken Texas law," said Craig McDonald, director of Texans for Public Justice. "If Mr. Reed crossed the legal line when he crossed the Texas border to lobby for gambling interests, he must be held fully accountable."

Under Texas law, Reed was required to register as a lobbyist and disclose his client and his fees if he was compensated more than $1,000 in a calendar quarter for lobbying Texas officials. Reed was reportedly paid many times that amount. Failure to register is a Class A misdemeanor and can bring a civil fine of up to three times the amount of unreported compensation.

"Mr. Reed's own correspondence appears to indict him," said Suzy Woodford, director of Common Cause Texas. "At a minimum, Mr. Reed should return to Texas to disclose all communications that he had with state officials and to explain why he was not required to register like other lobbyists."

In electronic correspondence released by the U.S. Senate, Reed repeatedly told Abramoff that he was in direct contact with Cornyn's office, including the head of Cornyn's criminal division, over the casino closure battle. Reed's correspondence also indicates that he was in direct contact with Gov. Rick Perry's office and with unnamed state lawmakers who were willing to introduce helpful legislation.

The Texas Observer has reported that a 2003 Abramoff memo credits Reed with persuading then-Lt. Gov. Bill Ratliff to kill a 2001 bill that would have kept the Tigua casino in business. Ratliff acknowledged speaking with Reed but said that they discussed redistricting rather than gambling legislation.

The media have reported that internal Abramoff and Scanlon documents reveal that Reed received up to $4.2 million for his lobbying work in Texas in 2001 and 2002. Such compensation would rank Reed's lobby contract among the largest to ever come to light in Texas.

"This case connotes the closing chapter of a corrupt crusader," said Tom "Smitty" Smith, director of Public Citizen's Texas office. "This case reveals how the public and press have been conned by this cover-up of Reed's corrupt contracts. Who knows how many others there are."

Posted by Charles Kuffner
December 01, 2005
SEIU in Texas

Just wanted to make sure you saw today's story about the SEIU organizing some 5000 janitors in Houston, which is a pretty big deal considering that the push to do so started in the spring. In case you're wondering why janitors might choose to unionize:


"Wages are clearly the No. 1 issue," said Dan Schlademan, vice president of SEIU Local 1 in Chicago, who was in Houston for the announcement.

Bargaining for the first contract is expected to begin soon he said. But he added that it's too early to say what kind of wage and benefits package the union will try to negotiate.

It would be a "great victory," Schlademan said, if the janitors received a $1 an hour raise, which would represent a nearly 20 percent increase.

The janitors earn an average hourly wage of $5.30 and receive no health care benefits, according to the union. The minimum wage is $5.15.


So for the privilege of emptying garbage cans and mopping floors, they get about $10K a year with no health care benefits. Yeah, I'd want some bargaining power, too. Kudos, guys. You can read more at MyDD, TAPPED, and Nathan Newman.

Posted by Charles Kuffner
Downtown Conroe

Conroe is still thinking about ways to get people to visit their downtown area.


Consultant Roger Brooks told city officials that the key to revitalizing a downtown area is to find a niche and brand it. That means finding what's unique about Conroe and building upon it, he said.

[...]

Brooks said he thinks Conroe's niche to promote downtown could be dining and live entertainment. The city already has the Crighton Theatre and Heritage Place, an outdoor concert area, in the downtown area. The city could adopt the slogan, "Conroe Live," he said.

The branding and slogan, along with a logo, would need to be used on street signs and maps for theme continuity.

Conroe also would need to consider creating a pedestrian center, possibly on Main and Simonton streets, in the heart of downtown. Brooks envisions a center with wide sidewalks, water features, seating areas and lots of trees and shrubs.

He also suggested more amenities, including a new 800-seat performing arts center, an expanded Crighton Theatre and an updated Heritage Place that could be converted into an outside amphitheater and a multi-use theater.

In addition to entertainment, the area needs 34 new shops, restaurants and businesses, including three pubs with entertainment, two coffee shops, three delis, a magazine/news stand and a bookstore to create critical mass, Brooks said.

''Conroe needs to raise the bar," Brooks said. ''A lot of the shops are marginal."

The price to make downtown Conroe a showpiece would run about $25 million, he said.


I have to say, that sounds like a lot of money for a city with less than 40,000 people in it as of 2003. And I'm still not convinced that they're not trying to out-Woodlands their neighbor to the south, something which I don't think they'll be able to do. I mean, I can see the potential for a performing arts center, but an outdoors amphitheater? Don't we already have one of those in the area?

Maybe this can work, I don't know. It feels like a big gamble to me, though. Anyone in the area care to comment?

Posted by Charles Kuffner
Texan of the Year: State Rep. Carter Casteel
Well, the nominations are in, the judges have voted, and the winner is State Rep. Carter Casteel. As PinkDome puts it:
Representative Carter Casteel was selected, in part, for her outstanding courage and hard work during the legislative session to support public education. Representative Casteel, a Republican, was overwhelmingly selected by a group of "progressive" and "liberal" bloggers in Texas for her ability to break ranks with Republican leadership that was widely seen to ignore the pressing issue of school finance. We believe, as a group, that Representative Casteel embodies the spirit of statesmanship and reminds all of us what a true leader does to stand up for Texas. We're pleased and encouraged by her ability to work with leadership from both sides of the aisle for the common good.
It's always easy to laud someone on the other side of the aisle for doing something that you and your allies support, and "bipartasinship" is a virtue that's often praised more than it's worth. What I respect about Rep. Casteel, and what I wish I saw more of in the Lege, is a sense that we share many of the same basic goals, even if we may see different paths to accomplish those goals. I've reproduced beneath the fold a series of questions that we bloggers sent to Rep. Casteel and her answers. In one of them, she says:
What concerns me is how public education became a liberal issue! That’s a conservative value.
To me, public education isn't a conservative value any more than it's a liberal value. It is, or at least I hope it is, a universal value. It's a recognition by society that everyone benefits when knowledge and learning are accessible to all. We can argue about how best to implement that, and frankly I think we're best off when we have many perspectives in that argument, but we all need to agree that we have to implement it somehow before that argument can be a productive one. With people like Rep. Casteel in Austin, I feel like that's possible.

I salute Rep. Casteel for being true to the universal value of public education, and for withstanding the pressure to compromise that value in the name of political expediency. For that, and for the effect she had on this defining debate of the 79th Lege, she's an outstanding choice for the first Texan of the Year award.

Other salutes to Rep. Casteel can be found at In the Pink Texas, Eye on Williamson County, By the Bayou, Brains and Eggs, TPRS, Appalachia Alumni Association, and of course PinkDome. I'll point to the other participating bloggers' post as I find them.

UPDATE: And Common Sense.

UPDATE: And The Jeffersonian.

UPDATE: And Annatopia, and The Agonist.

UPDATE: BOR joins in.

UPDATE: WyldCard joins in.

UPDATE: Just Another Matt joins in.

DO YOU EXPECT A CHALLENGER IN THE PRIMARY OR OPPOSITION PARTY?
I always run a campaign like I've got a challenger. I've not heard of one so far.

ARE YOU BEING TARGETED IN THE PRIMARY IN 2006?
Not to my knowledge.

WHAT DO YOU THINK OF YOUR PARTY'S ATTEMPTS AT TARGETING THOSE THAT VOTED FOR THE HOCHBERG AMENDMENT?
I don't think they are being targeted by the leadership.

WHAT DO YOU THINK OF THE 65% RULE?
That's fine. That's an admirable goal. Depending on how you count it. But here's the question…what is the classroom? Are you talking about the teacher, the aide, the nurse, the librarian, the counselor? You have to include some of the support for the teacher so the kid is in the classroom in the first place.

HOW DOES ONE BALANCE VOTING ONE'S DISTRICT, ONE'S PARTY, AND ONE'S PERSONAL FEELINGS WHEN THOSE THREE POINTS ARE NOT ALL IN LINE ON A SINGLE ISSUE?
I've got a brain and a background so I know that's important to use. I'm also in a district I've lived in for thirty something years. I have a fair understanding of my district, but it is critical that I communicate with my district. It is a struggle because you going to vote your district and your conscience and every two years you have to answer to them. I’m comfortable with my party platform.

What concerns me is how public education became a liberal issue! That's a conservative value.

I balance all those things and make my decision. It can offend people, but I can stand by my decisions. Don't forget, I listen to the debate.

WHAT DO YOU THINK OF THE SUPREME COURT RULING?
I think adequacy is still on the table and will come up in the next special session.

WHAT WOULD YOU LIKE TO SEE THE LEGE DO WITH SCHOOL FINANCE REFORM?
Competitive teacher pay and health care benefits. I don't think it’s fair to ask our teachers to help shape the future of Texas and not compensate them in a fair way.

WHAT DO YOU THINK WILL ACTUALLY HAPPEN WITH SCHOOL FINANCE REFORM?
I think everything is on the table. I've met with John Sharp and I believe we are all eager to see solutions that are fair from district to district. I think there is a growth and interest among the people of Texas that are paying attention and I think that is a good thing. People are concerned about our lack of progress and stepping up to the plate to get in front of the right people.

WHAT ARE THE CHARACTERISTICS YOU ADMIRE MOST IN A LEGISLATOR?
First of all, you just have to be honest about how you conduct yourself. You have to be a straight shooter and have the willingness to get along with people. You can't agree with everyone all the time, but you have to be willing to talk and to listen. If God had intended for us to talk all the time he’d given us two mouths and one ear. Lastly, you have to have humor. You have to have the attitude that "I don't care who gets the credit" you just have to care that it gets done. Dig in the mud and not care who cares who find the diamond ring.

WHAT DO YOU THINK ABOUT THE EDUCATION COMMUNITY 'LOBBYING' THE
LEGISLATURE?
How in the world can the Ed. Community communicate with the legislature without coming up there and talk to them. If you want to call it lobby, fine. But people go on their own time and write letters. People have made the same complaints against everybody that comes up to the legislature. That being said, I'd rather see my tax dollars being used to educate children. If that's not happening, then I want my tax dollars to communicate with the legislature on behalf of what’s not happening. I don't know what the rule is, but we’ll see if a rule is going to be proposed.

How is it being done? Can we invite the Education Community to the legislature in a different way? They've been shut out so maybe a lobbyist is the only way to get in the door.

Posted by Charles Kuffner
Ken Hatfield resigns at Rice

In case you missed it, Rice head football coach Ken Hatfield resigned on Tuesday - more specifically, he agreed to a buyout of the remaining years on his contract. There's more on this today, as both his legacy at Rice and the search for his successor get covered. Before that, columnists Richard Justice and John Lopez paid their annual attention to Rice, as the dissatisfaction from two awful seasons and nonexistent home crowds became harder to ignore.

Justice and Lopez do a pretty good job of laying out the issues that Rice's administration faces, and how the decisions they make will impact the incoming coach as well as the existing ones in other programs on South Main. The one thing I'd take issue with is Lopez's assertion that a commitment to a solid, competitive football program at Rice would necessarily involve relaxing academic standards. I don't recall anyone claiming that those standards had been lowered back in 1996-97 when Rice posted consecutive 7-4 seasons, or in 2001 when the Owls finished 8-4. It's possible to excel in both areas. Hard to do, to be sure, but not impossible. I've always thought the key is to embrace and exploit the fact that Rice is a niche school, especially in the Division I-A world. Where else is the athlete who wants to get a topnotch private school education while still competing against the UTs of the world going to go? I don't doubt Hatfield has done that out on the recruiting trail - Rice's graduation rates have certainly testified to his ability to bring in players who can handle the courseload. It's time for the powers that be to give the next coach the resources he'll need to build on that.

The model that Rice fans seem to be hoping for, as evidenced in discussion board threads like this one is Tulsa, another small school that has gone through some dark days on the field but is now going to play for the Conference USA championship. That seems like a realistic goal to me.

I don't know what the administration is going to do. Rice has proven that it can be a force in atheletics, from the 2003 national champion baseball team to the fledgling women's soccer team that made it to the NCAA tournament this year. Both basketball programs have been successful lately despite playing in a laughable facility. Seems to me that their choice is to encourage and foster excellence, or to be indifferent to it even when it happens anyway. I know which path I'd take. As a fan, I can only hope they see it that way, too.

Posted by Charles Kuffner
Uresti gunning for Madla

Aaron Pena says that his House colleage Carlos Uresti has an announcement to make tomorrow, but the cat is out of the bag already: He's going to challenge State Sen. Frank Madla in the Democratic primary this March.


Bolstered by early polling numbers, Uresti believes he's in a strong position to best Madla, whom he claims has voted against the interests of his constituents and is often MIA in the expansive 55,000-square-mile district.

"Politics is about perception," Uresti said. "People believe he's been a good Democrat, but that's a misperception."

But Madla, a seasoned legislator with 32 years in the Capitol, said he has served District 19 well and is "very, very comfortable from where I sit."

The three-term senator has made the acquisition of a Texas A&M campus on the South Side a cornerstone of his legacy, but he added he will continue to work on issues such as water and the interests of schoolchildren in rural areas.

The race, expected to be one of the hotter match-ups on the March 7 ballot, revs up with some bad blood.

Madla said Uresti repeatedly told him that he would not run for the seat until Madla retires.

"I can't respect a decision when someone says they're not going to run against me and then they turn around and run against me," he said. "Not once, not twice, but three times."

Uresti, on the other hand, says he was consistent in telling Madla that he intended to "keep his options open."

He was emboldened after getting the results of a poll conducted early last month.

The survey of 400 likely Democratic primary voters in the district showed that if the election were held today, 41 percent would cast a ballot for Madla and 23 percent would vote for Uresti.

Uresti points to those numbers as evidence that, despite the fact that Madla has represented the region for 12 years, his support isn't even double that of Uresti.

But Madla said the power of incumbency is powerful in a district that spans from South Bexar County all the way to El Paso County and includes all or part of 23 counties.

"It's going to be a nightmare for him," Madla said. "I don't care how much passion he has. Unless he has $3 million to pour into this campaign, it's going to be very difficult to create name ID in a district this size."


The Jeffersonian takes issue with Madla's math, and notes that HD118 should be considered a swing district. I'd kind of hoped that Pete Gallego would take a crack at this, but that doesn't seem to be in the offing. Keep an eye on this race, it will be a hot one.

UPDATE: The Red State, who once worked for Carlos Uresti, and In the Pink chime in.

Posted by Charles Kuffner
Time for the attack mailers

Got three pieces of mail yesterday relating to the upcoming runoff elections. Two were positive: one from Jay Aiyer, one from Natasha Kamrani. The third was a straight-on attack piece, saying that Kamrani did not vote in several recent elections, up through 2003. If you looked real hard, you could see the tiny print, which was nearly the same color as the background it was on, that identified it as being paid for by the Anne Flores Santiago campaign. That was the only place Santiago's name appeared.

Nothing unseemly about this - unlike the anti-Adrian Garcia pieces from 2003, this one did say who sent it, and it contained simple enough claims. Not having a good voting record is not the most attractive trait one could want in a candidate for public office, but it's hardly the least attractive one, either. It's not going to change my vote, and more to the point it's not going to change my level of interest in voting. That's all that this piece, which I presume was also sent to most of my Heights neighbors, is supposed to do, since for all any casual reader would know Kamrani is the only candidate running. Runoffs are about turnout, and the goal here is to reduce it in Kamrani's main stronghold. The main thing to take away from this is that now we all know who the frontrunner is.

Posted by Charles Kuffner