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Election 2019

District B lawsuit drags on

Double ugh.

Cynthia Bailey

It could be another four to five months before voters in Houston’s District B can select a new city council member, extending a delay that has held up a runoff there since December.

The Houston-based First Court of Appeals previously denied requests from top vote-getters Tarsha Jackson and Cynthia Bailey to expedite the appeal process of the legal case that has held up the runoff. On Tuesday, the appellate court also denied a request to dismiss the case outright.

Doug Ray, assistant Harris County attorney, said the two sides now will exchange briefs on a standard schedule, a process he said could take four or five months.

The runoff was supposed to be in December with a dozen other city contests, and the winner would have taken her seat in January. It was pulled from the ballot amid the ongoing litigation. Now, it will miss the May 2 ballot, as well.

“Who knows when there will be an election?” said Larry Veselka, the attorney representing first-place finisher Jackson. “It’s ridiculous.”

[…]

Oliver Brown, attorney for Cynthia Bailey, said Jefferson-Smith’s team is just “beating a dead horse.”

“That’s all they’re doing now,” Brown said. “They’re costing these candidates money, because they keep trying to ramp up their campaigns, and then they have to stop.”

See here and here for the previous updates. This week is the deadline for printing mail ballots, so the absence of an expedited ruling or a dismissal of the appeal means we continue slogging our way through the process. There’s a calendar date for the case for March 23, so the May election is right out at this point. Next up, barring an expedited election date granted by the state, is November. I don’t even want to think about what could happen to that possibility. What a freaking mess.

District B ruling appealed

Ugh.

Cynthia Bailey

The date of Houston’s stalled city council District B runoff is again in question after the third-place finisher in the race moved forward with an appeal of a court order earlier this month that the runoff go on without her.

The runoff, currently scheduled for May 2, could be delayed if a ruling is not final by March 9. The election was pulled from the Dec. 14 ballot, when a dozen other city runoffs were decided, because of the litigation.

Lawyers for Renee Jefferson-Smith previously indicated they had not decided whether to pursue an appeal of Visiting Judge Grant Dorfman’s ruling that the runoff between the top two vote-getters in the November election, Tarsha Jackson and Cynthia Bailey, should go forward.

On Thursday, however, Jefferson-Smith’s legal team filed what is called a docketing statement with the appeals court, indicating they were moving forward.

“We will request that the Court stay the City of Houston Election for City Council Member for District B pending appeal pursuant to” the Texas Election Code, the filing said. It listed a lawyer not previously involved in the case, Dorsey Carson, Jr., as lead attorney.

[…]

Jackson said she thinks Jefferson-Smith and her backers are just trying to delay the election at this point, and she called on leaders to do something to stop the delays.

“This appeal is not fair to the people of District B, it’s not fair to me and the other 12 candidates who ran to represent District B,” she said.

See here for the previous update. I suppose leaders could try to pressure Renee Jefferson-Smith into dropping the appeal, but you’d think if that might have worked she wouldn’t have filed it in the first place. At this point, a fast ruling from the court is the best bet. What a freaking mess this has been.

January 2020 campaign finance reports: City of Houston

We’re done with the 2019 Houston election cycle, but there are still things we can learn from the January 2020 campaign finance reports that city of Houston candidates and officeholders have to file. Other finance report posts: My two-part look at the State House was here and here, Harris County offices were here, statewide races were here, and SBOE/State Senate races were here.


Candidate     Raised      Spent     Loan     On Hand
====================================================
Turner       359,567    780,735        0     293,503
Peck           1,075     17,435    5,000          72
Davis          4,000     14,164        0     139,068
Kamin         24,158     93,810        0      18,717
E-Shabazz     14,394     18,965        0       2,145
Martin        14,600     48,754        0     148,989
Thomas        20,263     21,642        0      11,675
Travis         9,850     70,904   21,000      51,484
Cisneros      15,050     44,687        0      24,169
Gallegos      16,850     46,055        0      76,776
Pollard        4,525     25,007   40,000       1,882
C-Tatum       16,250      8,520        0      71,747
Knox           6,900     29,075        0       4,302
Robinson      11,625     82,515        0      40,735
Kubosh        14,770     31,570  276,000      94,540
Plummer       71,168     83,491   21,900      11,068
Alcorn        21,535     76,313        0      16,374
Brown          1,650    102,340   75,000      14,128

Bailey             0      2,400    2,600          70
Jackson       43,845     18,338        0      28,343

Buzbee         1,903    460,888        0      63,531
King          29,925    161,047  420,000      11,567
Parker             0     38,750        0      26,184
Laster             0     12,579        0     162,209
Salhotra      24,010     75,837        0       9,060
Sanchez       40,056     92,678        0      10,636
Edwards          499    109,812        0      89,987

HouStrongPAC       0     10,000        0      51,717

Nominally, this period covers from the 8 day report before the November election (which would be October 27) to the end of the year, but for most of these folks it actually covers the 8 day runoff report to the end of the year, so basically just the month of December. In either case, this is the time when candidates don’t raise much but do spend down their accounts, as part of their GOTV efforts. For those who can run for re-election in 2023, they will have plenty of time to build their treasuries back up.

Mayor Turner will not be running for re-election again, but it’s not hard to imagine some uses for his existing (and future) campaign cash, such as the HERO 2.0 effort or the next round of city bonds. He can also use it to support other candidates – I’m sure he’ll contribute to legislative candidates, if nothing else – or PACs. That’s what former Mayor Parker has done with what remains of her campaign account. Nearly all of the $38,750 she spent this cycle went to the LGBTQ Victory fund, plus a couple of smaller contributionss to Sri Kulkarni, Eliz Markowitz, and one or two other campaigns. Tony Buzbee has restaurant bills to pay, and those endless emails Bill King spams out have to cost something.

Others who have campaign accounts of interest: As we know, Jerry Davis has transferred his city account to his State Rep campaign account. I’ve been assuming Mike Laster is going to run for something for years now. The change to four-year Council terms may have frozen him out of the 2018 election, when he might have run for County Clerk. I could see him challenging a Democratic incumbent in 2022 for one of the countywide offices, maybe County Clerk, maybe County Judge, who knows. It’s always a little uncomfortable to talk about primary challenges, but that’s what happens when there are no more Republicans to knock out.

Other hypothetical political futures: Dave Martin could make a run for HD129 in 2022 or 2024, or he could try to win (or win back) Commissioners Court Precinct 3 in 2024. If Sen. Carol Alvarado takes my advice and runs for Mayor in 2023, then maybe State Rep. Christina Morales will run to succeed her in SD06. If that happens, Robert Gallegos would be in a strong position to succeed Morales in HD145. Michael Kubosh wasn’t on my list of potential Mayoral candidates in 2023, but maybe that was a failure of imagination on my part. As for Orlando Sanchez, well, we know he’s going to run for something again, right?

You may be wondering, as I was, what’s in Amanda Edwards’ finance report. Her activity is from July 1, since she wasn’t in a city race and thus had no 30-day or 8-day report to file. Her single biggest expenditure was $27K to Houston Civic Events for an event expense, and there were multiple expenditures categorized as “Loan Repayment/Reimbusement” to various people. Perhaps she has transferred the balance of her account to her Senate campaign by this time, I didn’t check.

Most of the unsuccessful candidates’ reports were not interesting to me, but I did want to include Raj Salhotra here because I feel reasonably confident that he’ll be on another ballot in the short-term future. The HISD and HCC Boards of Trustees are both places I could see him turn to.

Last but not least, the Keep Houston Strong PAC, whose treasurer is former Mayor Bill White, gave $10K to Move to the Future PAC. That’s all I know about that.

The Jerry Davis situation

Someday, this is going to be taught in political science classes. And possibly law schools.

CM Jerry Davis

The ongoing election dispute in District B has put Jerry Davis in a peculiar position, seemingly caught between two provisions of the Texas Constitution as he challenges longtime incumbent state Rep. Harold Dutton in the March 3 Democratic primary.

And it is unlikely to change until the courts clear the way for voters to cast ballots in the long-delayed runoff for his council seat.

Until then, Davis is stuck in the council seat he was supposed to leave in January because of term limits.

[…]

With no new council member seated by the first of the year, Article XVI, Sec. 17 of the Texas Constitution kicked in, requiring Davis to remain in the District B seat until his successor can be elected and seated.

“All officers of this State shall continue to perform the duties of their offices until their successors shall be duly qualified,” the provision reads.

When Davis filed Dec. 9 to challenge Dutton for the District 142 seat in the Texas House, it raised another constitutional clause, this one found in Article III, Sec. 19.

That provision says no public official who holds a “lucrative office… shall during the term for which is he elected or appointed, be eligible to the Legislature.”

Texas Supreme Court rulings have held that any paid public office, no matter how small the compensation, is considered “lucrative.” Additionally, the high court has ruled that the eligibility requirement extends to one’s candidacy.

A Houston city council salary is around $63,000 a year.

To date, no one has challenged Davis’ eligibility.

The councilman said he believes he is in the clear because his elected term ended in January. Democratic Party officials, tasked with determining eligibility for primary candidates, say they believe he qualifies because his appointed term as a hold-over should end long before he would join the Legislature next January if he wins.

And Dutton has not lodged any complaints or challenges. That could change, should Davis prevail in the March election.

Buck Wood, an authority on Texas election law who has represented clients in landmark Supreme Court rulings on the subject, said the law holds that candidates have to be eligible while they are running for office, not just on the date they take it.

Since Davis still is on the council, someone could make the case that he is not eligible, he said.

“The problem is, the court has also held that you have to be eligible as of the date that you file,” Wood said.

The interaction of those two constitutional clauses is an open legal question, left unresolved for now by Texas judges.

“The courts have not ruled on that hold-over provision,” he said.

It gets deeper into the weeds from there, and I’ll leave it to you to read up. For now, all is well and legal and good. Until such time as someone files a lawsuit – either Dutton over Davis’ eligibility to be on the ballot (an irony that may wash us all into the sea), or a city resident alleging that some action Davis has taken since January 1 as Council member is invalid, or maybe some other claim I can’t envision right now – there are no problems. Maybe we’ll make it all the way to the (we hope) May runoff in District B and there will still be no problems. It can all come crashing down at any time, and if that happens it’ll tie up the legal system for years, but for now, make like Wile E. Coyote and keep on running. As far as you know, the end of that cliff has not yet arrived.

(Note: this story ran, and I drafted this post, before the ruling in the District B runoff lawsuit. The fundamentals are the same, as Davis will still be serving till we have a runoff winner.)

Bailey stays on District B runoff ballot

Hopefully, this is the end of the line.

Cynthia Bailey

In a long-awaited decision, a visiting judge ruled Tuesday that a Houston city council candidate who has a felony conviction should remain on the ballot for the District B runoff, declining a plea from the third-place finisher to replace her on the ballot.

Renee Jefferson-Smith, who finished 168 votes behind Cynthia Bailey in the Nov. 5 general elections, had argued that Bailey’s 2007 felony conviction for theft made her ineligible and the city erred in not declaring her as such before it certified the November results.

Jefferson-Smith’s lawyers cited a state law that says candidates cannot have felony convictions from which they have not been pardoned or otherwise released from its “resulting disabilities.” It doesn’t define that phrase, which has invited confusion about who qualifies and who does not.

She asked the judge to rule that the city should have declared Bailey ineligible and then place Jefferson-Smith on the runoff ballot with top vote-getter Tarsha Jackson.

Special Judge Grant Dorfman declined to do so, saying that Jefferson-Smith did not “conclusively prove Contestee Bailey’s ineligibility.”

“No grounds were presented that warrant the voiding of the November 5, 2019 election,” Dorfman wrote.

In a separate order, Dorman called for a May 2 runoff between Jackson and Bailey.

[…]

Dorfman also clarified that his rulings did not resolve an earlier case that Jefferson-Smith filed, in which she asked a judge to declare Bailey ineligible. The judge in that case dismissed that request, and appeals courts have declined to order the city itself to declare her ineligible.

Nicole Bates, an attorney for Jefferson-Smith, said shortly after the ruling was released that she had to consult her client before deciding whether they would appeal the ruling.

See here for the previous update. We’d been expecting a ruling last week, but I’ll let it slide. And Lord knows, I hope Jefferson-Smith accepts the defeat and does not appeal. It’s time to let District B vote.

District B lawsuit has its hearing

Feels like we’ve been waiting forever for this.

Cynthia Bailey

Lawyers for the third-place finisher in Houston city council District B’s election told a judge Friday that the city erred in failing to declare an opponent ineligible because of her felony conviction and asked the court to throw out the votes that landed Cynthia Bailey in a still-to-be-scheduled runoff.

The judge, they said, should discount the votes Bailey received in the Nov. 5 election and put their client, Renee Jefferson-Smith, into the runoff against top vote-getter Tarsha Jackson.

Visiting Judge Grant Dorfman did not make a ruling Friday, but said he hoped to have a decision by the end of next week.

[…]

Jefferson-Smith’s legal team argued that Bailey’s well-documented 2007 felony conviction makes her ineligible to run under state law, and the city should have declared her as such when they they submitted a packet of supporting documents to the city secretary on Nov. 13. Bailey served 18 months of a 10-year sentence for stealing hundreds of thousands of dollars in checks from North Forest Independent School District.

Jefferson-Smith is basing her case on a state law that says a person cannot run for elected office if he or she has been finally convicted of a felony from which they have not been pardoned or otherwise released from its “resulting disabilities.”

The law does not define “resulting disabilities” and courts have interpreted it differently. Bailey has said she can run because she completed her sentence and can vote. Jefferson-Smith’s team has cited at least one case in which a candidate similarly disclosed a conviction and then was almost immediately removed from the Galveston City Council under the same law.

The City of Houston received documents from Jefferson-Smith’s lawyers on Nov. 13 — a week after Election Day, but before city council canvassed the results. The documents included a Harris County record of Bailey’s conviction and a Texas Attorney General opinion stating that restored voting rights do not mean a restored ability to run for office.

“They are not allowed to ignore conclusive proof of ineligibility,” said Lindsay Roberts, a lawyer for Jefferson-Smith. “They have to make that determination of eligibility and, importantly, they have to do so before certification.”

Attorneys for the city rejected those claims, arguing the submitted documents did not conclusively prove that Bailey had not been cleared of those “resulting disabilities.” They also said the documents were sent and received after Jefferson-Smith already had lost two court rulings in a separate lawsuit.

In that case, filed two days after the election and separate from the one heard Friday, Jefferson-Smith asked a judge for an emergency order — and then a preliminary injunction — declaring Bailey ineligible. Both requests were denied, and the First Court of Appeals and Texas Supreme Court have upheld those rejections.

With those initial denials in mind, Senior Assistant City Attorney Suzanne Chauvin said, the city council certified the results Nov. 18, as it is required by law to do.

“Essentially, they’re saying we should have second-guessed two rulings by the district court,” Chauvin said.

See here for the previous update. As you know, as a matter of principle, I disagree with Jefferson-Smith’s argument. I think the city should have accepted Bailey’s application, as they did with several other candidates who had prior felony convictions, and if there needed to be a legal challenge it should have happened after the filing deadline and before the election. That’s all water under the bridge now, and hopefully something the Lege will address (in a constructive manner) in 2021. For now, all I care about is getting a ruling, and then maybe a confirmed date for the next election. I don’t envy Judge Dorfman the decision, and I really hope that any appeals are resolved quickly.

Precinct analysis: 2019 HD148 special election

I started this post while doing other precinct analysis stuff. Didn’t finish it with the others, but now that the legislative special election runoffs are next up on the calendar, I thought I’d finish it off. First, here’s how the main Mayoral candidates did in HD148:


Turner    9,631
Turner%  44.65%

Buzbee    6,280
Buzbee%  29.11%

King      2,947
King%    13.66%

Boykins   1,253
Boykins%  5.81%

Lovell      467
Lovell%   2.16%

Others      993
Others%   4.60%

Not actually all that different than how they did overall in Harris County. Mayor Turner was about 1.7 percentage points lower, while Sue Lovell gained 0.86 points. Oddly, it was the “Other” candidates who collectively gained the most, going from 3.72% overall to 4.60% in HD148, for a gain of 0.88 points. Keeping it weird, y’all.

Since I started this before the runoff, and even before the date for the HD148 runoff was set, I wondered what the effect might be of having Anna Eastman and Luis LaRotta slug it out at the same time as Mayor Turner and that other guy. I decided to zoom in on the best precincts for Eastman and LaRotta and see how the Mayorals did in them:


Eastman top 4

Eastman 1,557
LaRotta   557
Dem     1,508
GOP       547
Others  2,055

Turner  2,389
Buzbee    974
King      592
Others    370

LaRotta top 4

Eastman   242
LaRotta   600
Dem     1,006
GOP       515
Others  1,521

Turner    835
Buzbee  1,001
King      412
Others    245

Putting it another way, Anna Eastman’s best precincts were more Democratic, and more favorable to Turner, than LaRotta’s precincts were Republican and favorable to That Guy. Didn’t much matter in the end, but I was curious, and that’s what I learned.

Finally, there’s always the question of how much turnout efforts from one race can affect another. For sure, the Mayoral race was the big turnout driver in Houston in November, but as overall turnout was below thirty percent, there would still be plenty of people in HD148 who would normally vote in an even-year election, when this race is supposed to be on the ballot, but who may not vote in odd-year races. To try to get a handle on this, I looked at the undervote rate in the Mayor’s race in HD148, and compared it to the overall undervote rate for the Mayorals. In Harris County, 1.59% of the people who showed up to vote in November did not cast a ballot in the Mayor’s race. The undervote rate in the HD148 special was 5.87%, which is another way of saying it was the Mayor’s race that drove the majority of the action.

In the HD148 precincts, all of which are in the city of Houston, there were 22,001 total votes cast, according to the draft canvass sent to me by the County Clerk. That’s a smidge less than what you’ll see on the official election report, which is almost certainly a combination of cured provisional ballots (my canvass does not include provisional votes), split precincts (many voting precincts are partly in and partly not in the city of Houston, which makes all of the calculations I do that also involve non-city entities a little fuzzy), and whatever stupid errors I made with Excel. Be that as it may, of those 22,001 cast ballots, there were 387 non-votes in the Mayor’s race, for an undervote rate in the HD148 precincts of 1.76%, a hair higher than the overall undervote rate. If the voters in HD148 had skipped the Mayor’s race at the same rate as voters everywhere else in Harris County skipped it, there would have been only 350 Mayoral undervotes.

So, I’d say that the turnout effect of the HD148 special election was pretty small, since the voters in that race behaved very much like voters elsewhere. Perhaps if this had been a higher-profile race, with more money and a longer time on the ballot and a clearer partisan split – in other words, a race more like the HD28 special election – we might have seen more people who came out to vote for it and who had less interest in the other races, and thus a higher undervote rate in the Mayoral election. Sadly, we won’t know what that might look like at this time. I should note that I have no idea how many of the 1,288 non-voters in the HD148 special were also non-voters in the Mayoral race; there’s just no way to tell that from the data I have. Maybe some of those people were just there to vote for the Constitutional amendments, or the Metro referendum, or District H, or who knows what. I feel on reasonably firm ground saying that the turnout effect of the Mayor’s race was considerably higher than the turnout effect of the HD148 special election. Anything beyond that needs more study. You’re welcome.

District B runoff lawsuit hearing set

Let’s hope for a quick verdict.

Cynthia Bailey

The stalled runoff in Houston city council District B likely will have to wait until May, if not longer, leaving north Houston neighborhoods without a new representative for months after the council convenes in January.

The election has been mired in a lawsuit that county officials said forced them to pull the race from the Dec. 14 ballot, when the dozen other city runoffs were decided. It then also missed the deadline to make the Jan. 28 ballot, when the county was holding a special election for a vacant seat in the Texas House of Representatives.

While the lawsuit inched a bit closer to a resolution Friday, with set of a trial date on Jan. 24, county officials said the runoff could not be held on March 3, when a slew of primary contests will be decided. Texas law states that “no other election may be held on the date of a primary election.”

County officials said the next scheduled election would be May 2, when smaller cities and school districts typically hold municipal and board elections, though a judge could have discretion on whether to schedule a special election. Harris County Special Assistant Attorney Douglas Ray said the County Clerk’s office would need about seven weeks notice to conduct a special election.

[…]

Presiding Judge Susan Brown set the Jan. 24 trial date Friday and tapped former Harris County Judge Grant Dorfman to be the special judge on the case.

The appointment is required by state law, which calls for a special judge whose judicial district does not include any territory covered by the election and who does not live in the territory.

See here and here for the background. At this point, there are three possible outcomes:

1. A final ruling from a court. That doesn’t mean it has to go all the way to the Supreme Court, just that the higher courts refuse to hear an appeal. The ideal situation here is for this to happen in time for the May election. I don’t even want to think about how much longer this could get dragged out if there isn’t a final resolution by mid-March, which would be the legal deadline for this election to happen in May.

2. Renee Jefferson Smith quits pursuing the case. Maybe that happens after the district court rules, or maybe she just decides at some point it’s no longer worth it to her. The first possibility could happen, the second seems extremely unlikely.

3. Cynthia Bailey could choose to withdraw from the runoff and concede the election to Tarsha Jackson. In theory, if she did that today, Tarsha Jackson would be sworn in with the other Council members in January. I say “in theory” because Jefferson Smith could continue to litigate, with the claim that Bailey shouldn’t have been on the ballot at all, so either the whole election should be done over or there should be a Jackson-Jefferson Smith runoff for the seat. I don’t think that argument would get very far in a court, but she might be allowed to make it, in which case we’d still be on hold till that was resolved. I also think it’s highly unlikely that Bailey would throw in the towel – she’s come this far, she’s making a principled stand on a righteous position, she’s not the one holding everything up – but it’s a thing that could happen.

Add it up, and the the best case scenario is likely the May 2 election. Hope for the best, that’s all I can say.

Meanwhile, in other Council race news:

With that, the District H race is settled. Congratulations to Karla Cisneros for her victory, and my sincere thanks to Isabel Longoria for running a strong and engaging race.

UPDATE: Stace has more.

The female face of City Council

Houston City Council is majority female for the first time in over a decade.

Starting next year, a record nine women will serve on Houston City Council amid a shift toward a younger and more progressive council for Mayor Sylvester Turner’s second term.

The new council will include no more than two Hispanic and no Asian members, however, with Anglo council members holding at least eight seats and the other six represented by African-American members.

It remains unclear whether District I Councilmember Robert Gallegos, the lone Latino on City Council, will be joined by Isabel Longoria, who finished 12 votes behind incumbent Councilmember Karla Cisneros in the District H runoff, according to unofficial returns.

[…]

The nine total women on council edges the previous record of eight who were elected in 2005.

The council’s African-American representation also will expand from four to six.

Fun fact: That Council class of 2005 included Addie Wiseman and Shelley Sekula Gibbs. I don’t really have a point to make here, I’m just noting that because I remember things like that.

In other Council news:

Regardless of who wins the District H runoff, Latino council members will hold no more than two seats out of 16, in a city where Latinos make up 44.5 percent of the population, according to 2018 census data.

Part of that disparity comes from Latinos making up a smaller share of the electorate: Houston’s registered voters are 23 percent Latino, according to data from Hector De Leon, a former communications director for the Harris County Clerk’s Office who studies Houston-area voting patterns.

“African Americans and Anglos are roughly 45 percent of the population combined, but they constitute 85 percent of the total vote. And elections are determined by people who turn out and vote,” [Jay] Aiyer said.

Registration among young, Latino voters has increased “dramatically” in recent years, in part because of President Donald Trump and mobilization efforts by political groups, said Jeronimo Cortina, a political science professor at University of Houston.

Houston’s Latino voting blocs also have fewer options, he said, because of the city’s use of at-large positions, which are elected on citywide basis.

“The problem is that the minority votes are compacted in one part of the city so it makes it very hard for them to win an election,” Cortina said. “They get drowned, for lack of a better word, by the votes of the majority.”

To strengthen Latino representation on council and in other offices, [CM Robert] Gallegos said he intends to pitch the Houston Hispanic Chamber of Commerce on the idea of starting a mentoring program to educate young Hispanics about pursuing careers in politics.

In the meantime, Gallegos said, “I’m going to do everything I can to make sure I represent the Hispanic community in the city of Houston, even though I’m a district council member.”

I take issue with what Professor Cortina says – I’m pretty sure a review of the Census tracts in Houston would prove his statement to be inaccurate. If nothing else, Sandra Rodriguez came close to winning District J, which is on the opposite end of the city from H and I. The situation isn’t great right now, but it’s not hopeless.

Be that as it may, let me put this out there for you: The three top Latinx vote-getters in At Large races were Yolanda Navarro Flores (At Large #1, 18.30% in Harris County), Emily Munoz deToto (At Large #2, 21.09%), and Jose Gonzalez (At Large #3, 19.24%). The three of them combined raised literally no money. There were five Latinx candidates in the two open seat At Large races (Cristel Bastida and Javier Gonzalez in #4, Ralph Garcia, Catherine Garcia Flowers, and Sonia Rivera in #5). None of them raised more than a trivial amount of money, though the three in At Large #5 combined for over 27% of the vote, enough to have led the field if they were one candidate.

My point here is that stronger Latinx candidates in the citywide races would also help. I don’t have much to say about Orlando Sanchez, but he came within six points of being elected Controller, and if there had been a third candidate in that race there likely would have been a runoff between him and incumbent Chris Brown, and who knows what might have happened in that race. The Latinx At Large candidates in 2019 didn’t amount to much, but at least they were running. In 2015, there was a grand total of two Latinx candidates in At Large races: Moe Rivera in #2, and Roy Morales in #4, who squeaked into the runoff where he got crushed by Amanda Edwards. I feel like I’ve been saying this since Joe Trevino lost in the At Large #5 runoff to Jolanda Jones in 2007, an election in which there were 25K total votes cast, but maybe focus a little on recruiting strong Latinx candidates to run in the At Large races, and then support them financially? Just a thought.

This is also a possibility.

This near-absence of Latinos undermines the legitimacy of Houston’s government and leads to an inadequate representation of Latino preferences in city policymaking. Houston’s political, economic and societal leaders must take action immediately to insure that in the 2023 election we do not witness a repeat of the 2019 election.

There are two principal types of representation, descriptive and substantive. Descriptive representation reflects the extent to which the composition of a legislature mirrors the population it represents. With Latinos accounting for 6 percent of the council and for 45percent of the population, it’s clear Houston earns a failing grade in descriptive representation. This grade will sink even lower with the dearth of Asian Americans on the council; 7 percent of Houston residents are Asian American.

Substantive representation reflects the extent to which members of a legislature promote the preferences of their constituents. While not an ironclad rule, the American Politics literature suggests that, all other things being roughly equal, an individual’s policy preferences are better represented by a legislator from their own ethnic or racial group. With one Latino council member, the substantive policy interests of Latino residents are being sub-optimally represented in crucial policy areas ranging from public safety and social services to road construction and job creation.

Four initiatives can help boost the number of Latinos in the council horseshoe in four years time.

First, eliminate the city’s five at-large council seats and replace them with five single-member district seats in addition to the existing 11 single-member district seats. The last time a Latino was elected to one of the five at-large positions was in 1999, with nine consecutive elections (45 separate contests) in a row where no Latino has been victorious. This year, all five at-large races were decided in a runoff, yet among the 10 runoff candidates there were zero Latinos.

Once the 2020 US Census data are available, Mayor Sylvester Turner and the city council could easily abolish the five at-large districts and create 16 new, less populous, single-member districts for the 2023 election. Since the shift from at-large to single-member districts enhances minority voting rights, it should be bullet-proof from legal challenge. If the number of single-member districts were increased to 16, it would be possible to draw five or six districts where Latino registered voters constitute an absolute or near absolute majority as well as one district where Asian Americans account for the largest share of voters.

That’s an op-ed from oft-quoted poli sci prof Mark Jones. I personally see no reason why Latinx candidates can’t get elected to at large positions. It’s not like there have been a bunch of frustrating near misses from well-regarded and sufficiently-funded candidates. We did elect Orlando Sanchez and Gracie Saenz to citywide positions in the past. Jones’ other points include things like more voter registration, a focused effort on Latino turnout in city elections, and more recruitment and support of Latinx candidates. I’m on board with all of that, and I would argue that those things can and will lead to Latinx candidates getting elected citywide. If I’m wrong about that, I’ll gladly concede the point about getting rid of At Large districts. In the meantime, I do think there’s some value in having At Large Council members, as a backup for the districts when there’s an unexpected vacancy, as there was in District H in 2009 following Adrian Garcia’s election as Sheriff, and in District K in 2018 following the death of Larry Green. I’m not opposed to Jones’ proposal, but I don’t think it’s necessary to solve the problem.

Next up for Mayor Turner

A preview of his second term agenda.

Mayor Sylvester Turner

Mayor Sylvester Turner said he would seek to enact “transformational” changes in his second term, previewing an agenda that will require city leaders to confront politically difficult issues and vastly expand the use of public-private partnerships — a critical step for some of the mayor’s otherwise unfunded signature programs.

Fresh off his re-election victory over Tony Buzbee, Turner also spoke in new detail Sunday about his plans to restructure the fire department, accelerate the city’s permitting process, build a new theme park and intensify efforts to repair damaged streets.

“I said when I came in, in 2015, I wasn’t going to ignore things because they were not politically convenient. That has not changed,” Turner said in an interview with the Chronicle. “If I have to expend political capital to get some things done, that’s exactly what we’re going to do.”

Chief among Turner’s priorities, he said, is to improve Houston’s flood mitigation infrastructure and quicken the pace of recovery from Hurricane Harvey, which has lagged. The key flood control projects, Turner said, are the construction of new gates on the Lake Houston dam, detention basins in Inwood Forest, the North Canal Bypass channel and an underground detention basin south of the Memorial City area.

Three of the projects have received initial funding through a federal grant program that covers a large share of the cost, with only the underground basin awaiting approval.

More immediately, Turner faces a burgeoning flood control challenge in the General Land Office’s cap on how much Houston and other local governments may draw from a $4.3 billion federal mitigation aid package. Since Harvey, Turner has sparred over the recovery process with Land Commissioner George P. Bush and Gov. Greg Abbott, both of whom wield influence over how the resources are dealt.

Turner said he has no interest in “fighting somebody just to be fighting,” but stressed that he would push for Houston to receive a bigger chunk of the aid.

“I want to work with the governor and I want to work with the GLO, but when it comes to making sure that those dollars benefit people in Houston-Harris County that were impacted by Harvey and can be impacted by another storm, how do you justify a disproportionate amount of those dollars going to some other place?” Turner said. “I don’t think you can make that case.”

[…]

Next term, Turner also said he would look to restructure the fire department by switching from a four-shift to a three-shift work schedule, which is generally viewed as more arduous and is opposed by the firefighters union.

Turner affirmed that such a move would involve lobbying the Legislature to raise the baseline at which firefighters begin accruing overtime pay. Under state law, Houston firefighters begin collecting overtime pay when they work for more than an average of 46.7 weekly hours during a 72-day work cycle. Without the added overtime cost, firefighters in other cities often work 53- or 56-hour weeks, with many operating on a three-shift cycle.

Calling the department’s model “archaic” and “not reflective of the current needs,” the mayor contended that these changes would allow HFD to more efficiently handle calls classified as EMS. Those calls make up more than 80 percent of the incidents handled by the fire department, though the fire union has noted that a far lower share of the department’s “man-hours” are spent responding to EMS calls.

There’s a long list, and we didn’t discuss the plan for HERO 2.0, which will surely use some of that capital as well. If there was ever a time to make changes to how the Fire Department operates, it’s now – the firefighters went all in on beating Turner, and they lost. I foresee a rocky road with Harvey recovery money, because it’s more in Greg Abbott and George P. Bush’s political interests to clash with Turner over how the funds are doled out and managed than it is for them to play nice and get things done. For everything else, political capital has a shelf life. We’ll be talking about the next Mayor’s race before you know it. The more the Mayor can get done next year, the better.

District H status

The closest election we had on Saturday remains unsettled.

CM Karla Cisneros

Just a dozen votes separate Houston City Council District H contenders Karla Cisneros and Isabel Longoria, and it may come down to an undetermined number of provisional, overseas and military ballots to determine a winner in the race.

According to the Harris County Clerk’s office, incumbent Cisneros had edged out Longoria by just .12 percent of the vote in Saturday’s runoff election. Cisneros won 5,283 votes or 50.06 percent, and Longoria received 5,271 votes, or 49.94 percent of ballots counted.

Longoria could request a recount under Texas election law. When the difference in the number of votes received between the two candidates (12 in the District H race) is less than 10 percent of the number of total votes received by the race winner (528 votes, in Cisneros’ case), the losing candidate could petition for a recount, according to the Texas Secretary of State’s office.

Longoria has not yet committed to requesting a recount, nor has she conceded in the race. The deadline to file a recount request is 5 p.m. Dec. 22, two days after Harris County will canvass or officially tally the votes.

“I will wait for every vote to be counted before making any decisions about a recount or other process,” Longoria said in a press release Sunday morning.

[…]

Trautman’s office can receive overseas and military ballots up to six days after an election, said Teneshia Hudspeth, a Harris County Clerk’s Office spokesperson. They do not know how many provisional ballots were cast.

It has no way of identifying if any of those ballots cast a vote for District H until the election canvass, Hudspeth said.

You can see the election night returns here, and Longoria’s press release here. I expect two things to happen: One, for Longoria to ask for a recount. She has every right to do this, and there’s no good reason not to do it. This was a super close race, and everything should be double-checked according to the rules. And two, I expect the recount will make no difference. They almost never do. There just aren’t that many overseas and military ballots, and there were never that many provisional ballots that ultimately counted. By all means, go through the process, but keep your expectations about what will happen as a result modest.

Turner defeats Buzbee

Oh my God I’m so glad this is over.

Mayor Sylvester Turner

Mayor Sylvester Turner declared victory over Tony Buzbee as his lead over the millionaire businessman continued to grow with half of all voting centers in the city counted late Saturday.

Turner led from the moment early voting and absentee results were posted shortly after the polls closed at 7 p.m., putting him in position to retain his seat for a second four-year term. Election day results, however, ensured he would see a wider margin than four years ago, when he bested businessman Bill King by 2 percentage points.

Early and absentee ballots are expected to make up roughly half the total votes cast in the runoff, meaning Buzbee likely would have had to win handily on Election Day to make up his initial deficit.

Turner took the stage at his election night party at 10 p.m. to declare victory in front of television news cameras.

“If there’s any lesson from this campaign, it’s that you don’t have to have as much money as someone else. You don’t have to live in a house that’s as big as someone else. You don’t have to drive a car that’s as fancy as someone else,” he said.

Buzbee spoke several minutes earlier. He did not concede the race, but acknowledged his chances were slim.

“I’m not an idiot,” he said. “I see the returns.”

I disagree with your premise, sir. And I am so, so glad I will never have to give any of my brain space to you again.

Election Day returns are here. (Fort Bend results, where Turner did as well as you’d expect, are here.) You may note that Turner built on his Harris County lead on Election Day, outperforming his Early Vote margin by several points. Keep that in mind when you read this:


The comments were…not kind. Symbolic or not, Sylvester Turner won re-election by a comfortable margin. And Tony Buzbee is over. Thank heavens.

Council results

With one race still up in the air as I draft this:

With early voting tallies and most of Saturday’s Election Day results posted, Houston’s three incumbent at-large council members facing runoffs had won, while District H incumbent Karla Cisneros held the slimmest of leads over challenger Isabel Longoria. Four other incumbents already have reclaimed their seats, having won outright on Nov. 5: Dave Martin (District E), Greg Travis (District G), Robert Gallegos (District I) and Martha Castex-Tatum (District K).

At least half of the 16-member council will be new — five current members are term-limited and three vacated their seats: Dwight Boykins (District D) made a failed bid for mayor, Amanda Edwards (At-Large 4) is seeking the Democratic nomination for U.S. Senate, and Steve Le (District F) decided not to seek re-election.

One council race will not be decided Saturday: The third-place finisher in District B has filed lawsuits contesting the election and challenging the second-place finisher’s eligibility, citing her 2007 felony theft conviction and a state law that appears to bar candidates with such convictions from running for office. No election date has been set.

The simplest way to summarize what happened is this tweet:

With 367 of 385 voting centers reporting, Karla Cisneros had a 25-vote lead over Isabel Longoria. It had been a 14-vote lead with 323 centers reporting. Longoria had chipped away at Cisneros’ lead all evening. I have to think this one is going to get recounted, so whatever the final numbers are, expect this to remain an unsettled question for a little longer.

The At Large results could have been better, but they were sufficiently close in #4 and #5 that they also could have been a lot worse. When Mayor Turner puts forward a new version of HERO, he should have ten of sixteen Council votes in his favor. We’ll see how that goes. In the meantime, congratulations to all the winners.

HISD and HCC results

From the HISD runoffs:

Early election results showed Houston ISD school board candidates Kathy Blueford-Daniels and Patricia Allen with comfortable leads in their runoff races Saturday, as they aim to fill the final two seats on the district’s closely watched governance team.

With absentee and early votes counted, as well as 38 percent of precincts reporting, Blueford-Daniels, a retired postal manager, led City Council aide John C. Gibbs by a wide margin, mirroring her strong showing in the November general election.

Allen, a retired HISD administrator, appeared poised to break away from management consultant Matt Barnes after the pair each earned about 30 percent of the general election.

The two victors Saturday will join two newcomers who defeated incumbents in November’s general election. Judith Cruz and Dani Hernandez easily topped Diana Dávila and Sergio Lira, respectively, each earning about 64 percent of the vote.

Blueford-Daniels was leading by about 25 points as most voting centers had reported. Allen was up by about nine points. Congratulations to them both, and all the best in what should be a very challenging next few years.

And some very good news from the HCC races.

Monica Flores Richart

Early results in two Houston Community College Board of Trustees runoff races show Rhonda Skillern-Jones with a commanding lead, while Monica Flores Richart and Dave Wilson are locked in a tight battle.

With absentee and early-voting results tallied, as well as 38 percent of precincts reporting, Skillern-Jones, who has served on the Houston ISD school board for the past eight years, comfortably led longtime educator Kathy Lynch-Gunter in the race for District II. Skillern-Jones entered as a clear favorite after taking 45 percent of the general election vote to Lynch-Gunter’s 25 percent.

In District I, Flores Richart, a lawyer, held a slight lead over Wilson, who resigned from his HCC trustee seat in August and switched districts ahead of the race. Flores Richart nearly emerged from the general election with an outright victory, earning 48 percent of the vote to Wilson’s 32 percent.

[…]

The two winners will join newcomer Cynthia Lenton-Gary, who ran unopposed, on the nine-member board. A fourth new trustee will join the board next year if current HCC Board chair Carolyn Evans-Shabazz were to maintain her strong early lead Saturday in her Houston City Council race. Evans-Shabazz will have to resign her seat to join the council.

Flores Richart built on her lead on Election Day. May we never be cursed with Dave Wilson again.

Carolyn Evans-Shabazz is on her way to winning in District D, so we’ll have a new Trustee in her place early next year. With Neeta Sane running for Fort Bend County tax Assessor, we could have two new HCC Trustees before the 2021 election.

Runoff Day is today

Hang in there, it’s almost over.

Mayor Sylvester Turner

A nearly year-long mayoral election that culminated in a subdued runoff between Tony Buzbee and incumbent Sylvester Turner comes to an end Saturday when voters decide who wins control over City Hall for the next four years.

Buzbee, a millionaire businessman and trial lawyer, has sought out voters of all political stripes by citing his ties to both parties. For months, he has painted Turner as a corrupt career politician who had run the city into the ground, regularly reminding voters he self-funded his own campaign to avoid the appearance that he is beholden to campaign donors.

Turner, a longtime Democratic state legislator who is finishing his first four-year term, has painted a rosy picture of conditions in Houston, arguing that he has overseen an uptick in the police force and laid the groundwork to diversify the city’s economy through tech and start-up businesses. He also has pitched himself as an astute steward of the city’s finances, pointing to his signature feat: a major overhaul of the city’s costly pension systems.

During the runoff, the two candidates have focused on presenting their plans for the next four years, a marked difference from the general election, when they spent millions of dollars attacking each other. Since Nov. 5, when Turner finished about 19 percentage points ahead of Buzbee, the two have not faced off in a debate, with Turner almost ignoring his foe entirely.

“I think the realization was that Mayor Turner got 47 percent of the vote, and so, if he just didn’t make an embarrassing gaffe or make a wrong move, the election was his to win,” said Michael Adams, chairman of Texas Southern University’s political science department.

See here for the background. I’ve gotten multiple robocalls urging me to vote for Turner (and a few to vote for other candidates, like Raj Salhotra), culminating with one I got on Friday from rightwing radio host Sam Malone on behalf of Tony Buzbee. I finally saw a Buzbee ad on TV a couple days ago – it almost made me nostalgic, it had been so long since I had last seen one. In the meantime, Buzbee has been busy flip flopping on HERO again – what are the odds he could tell you right now what his most recent position on it is? All I know is that as of about 7 PM this evening, I can officially no longer give a shit about anything Tony Buzbee says or does.

Polling locations are here. As a reminder, you can vote at any location. My guess is that more than half of the final vote tally has already happened. I’ll have a report in the morning.

We continue to wait on the District B runoff

Ugh.

Cynthia Bailey

Any hope for a speedy resolution to a lawsuit that is holding up the runoff for Houston’s District B city council seat evaporated Wednesday when the presiding judge for the Houston region said she would not assign a special judge to take over the lawsuit until the state Supreme Court weighs in on a related case.

“Once that happens, she will make an assignment if necessary,” said Rebecca Brite, assistant for Presiding Judge Susan Brown. “We do not know when that will be.”

Brown is the presiding judge for the 11th Administrative Judicial Region of Texas, which includes Harris, Galveston, Fort Bend, Brazoria, Wharton and Matagorda counties.

Attorneys on both sides of the dispute had expected Brown to make an assignment in the contentious case by Wednesday.

[…]

Two days after the election, Jefferson-Smith asked a judge for an emergency order declaring Bailey ineligible. Judge Dedra Davis denied that request, as did the First Court of Appeals. The attorneys now are submitting arguments to the state Supreme Court.

Meanwhile, Jefferson-Smith filed a separate lawsuit on Nov. 15, formally contesting the election results and renewing the argument about Bailey’s eligibility.

[…]

“We are waiting for the complete appellate process to conclude,” Brite said.

Nicole Bates, who represents Jefferson-Smith, had said earlier this week she expected an assignment by Wednesday “at the latest.”

“I think (the appeal) clears the path to address those issues concerning eligibility, that the election contest will not,” Bates said after Brown’s announcement.

Bailey’s lawyer, Oliver Brown — no relation to the presiding judge — said the appeal would not resolve the election contest that county officials say is holding up the runoff.

“It should’ve happened already,” Brown said of the judicial assignment.

See here for the previous update. I assume that Jefferson Smith had filed a writ of mandamus, which is now with the Supreme Court, to request that Bailey be removed from the ballot. That was the mechanism that the HERO haters used to get their referendum on the ballot in 2015. The Supreme Court moves on its own timeline, though perhaps the exigent circumstances in this case will motivate them to shake a leg. But whatever the case, we’re waiting on them for the second lawsuit to be assigned and heard. I wasn’t optimistic before, and I’m less so now. I truly have no idea how long this will take.

KHOU/HPM runoff poll: Turner 56, Buzbee 34

Feels about right.

Mayor Sylvester Turner leads Tony Buzbee among likely voters in the December 14 runoff election for Mayor by 56 percent to 34 percent, with 6 percent of voters undecided. Another 5 percent of respondents refused to reveal for whom they would vote.

Support for the Mayoral runoff candidates does not vary significantly among voters who are certain to vote in the runoff election and those who are very likely to vote in the runoff election.

“There’s really nowhere for Tony Buzbee to go and I think proof of that is he’s not buying a lot of TV ads, he’s not spending the kind of money he spent in the general election,” said Bob Stein, KHOU political analyst.

Among voters who supported Bill King in the November general election, 53 percent now support Tony Buzbee and 37 percent support Mayor Turner.

Among voters who identify as Democrat, Republican or Independent, the majority of Democratic voters support Turner and the majority of Republican voters support Buzbee. Votes for either candidate are roughly the same among Independent voters.

“This is a partisan vote, the mayor is winning well over 90% of democratic voters, but he’s picking up almost 20% of Republican voters,” Stein said.

See here and here for the November polls done by KHOU and Houston Public Media, both of which showed Turner leading Buzbee by about 20 points. I said after Election Day that all of Buzbee’s voters plus all of King’s voters were still less than all of Turner’s voters, so if Buzbee is only getting a big more than half of King’s voters, he’s in very deep doodoo. And as we know from the Keir Murray analysis, the electorate is much more Democratic than Republican, as is the city as a whole. It all makes sense, is what I’m saying. Note that the sample for this poll is “234 of the 516 registered voters who were previously interviewed in September and October 2019”, which is both a little weird and makes the margin of error higher than usual, but since the vast majority of runoff voters are people who voted in November, it’s quite reasonable. HPM has more.

Chron overview of the HISD runoffs

We had overviews of all the Council runoffs, but there are other races to consider.

Kathy Blueford Daniels

Voters in parts of Houston ISD return to the polls next Saturday to complete an overhaul of the district’s much-maligned school board, which will have four new members seated in January.

Runoff elections in District II, which covers large swaths of northern Houston, and District IV, home to parts of downtown and south-central Houston, pit four newcomers promising to refocus attention on students following months of acrimony on the board. None of the candidates earned the necessary 50 percent of the vote in November’s general election to win outright.

In District II, retired postal manager Kathy Blueford-Daniels, who earned 43 percent of the vote in the Nov. 5 general election, looks to hold off city council aide John C. Gibbs, who trailed with 22 percent.

In District IV, the race between retired HISD principal Patricia Allen and management consultant Matt Barnes figures to be close after Allen received 31 percent of the general election vote and Barnes snagged 30 percent.

[…]

After narrowly missing an outright victory in her five-candidate general election, Blueford-Daniels enters the runoff as the favorite to replace incumbent Rhonda Skillern-Jones, who is seeking a seat on the Houston Community College Board of Trustees. Blueford-Daniels and Gibbs both graduated from District II high schools in the mid-1970s — Wheatley and Booker T. Washington, respectively — and serve as community activists primarily on the city’s northeast side.

Blueford-Daniels said her managerial experience and dedication to reforming a dysfunctional school board should propel her to victory.

“I want to be that conduit between the administration and HISD, to find out what people in the community want for their children,” Blueford-Daniels said. “I know we won’t be directly engaged with administration and the schools, but I think I can relate to them.”

Gibbs said his deep ties to the district, burnished as a community outreach liaison for Houston City Councilmember Michael Kubosh for the past six years, give him the edge over Blueford-Daniels.

“You need to know personalities and people and issues that are indigenous to those particular schools and communities,” Gibbs said. “I know what the issues have been, and nobody is looking at the systemic problems that have to be solved.”

Blueford-Daniels and Gibbs both advocate for returning more vocational programs to high schools in District II, many of which have ranked among the lowest-performing in the state in recent years, and fostering more stable leadership in the principal ranks.

The candidates differed on applying for the potential state-appointed board, an option open to all candidates and elected trustees. Blueford-Daniels said she does not plan to apply, preferring to use her time without power to build trust among the elected trustees. Gibbs, who declared in October that he supported state intervention, said he plans to apply for the position amid concerns that an appointed board could close campuses.

Both Blueford-Daniels and Gibbs have run for Council before. I’ve interviewed her before, but have not met Gibbs and don’t know anything about him beyond what I know from stories about this race. I do know that I disagree with his cheerleading for the TEA takeover, and on those grounds I’d vote for Blueford-Daniels.

In the other race, I interviewed Barnes in September, and I didn’t realize until reading this story that Patricia Allen is the daughter of State Rep. Alma Allen. Both have applied or will apply to be on the Board of Managers. I feel like both would be good Board members.

2019 runoff early voting wrapup

Here are your final totals:


Date     Mail   Early   Total
=============================
Nov19  13,015  88,822 101,837
Dec19  18,935  96,269 115,204

The Day Ten EV Runoff file is here, and the final file from November is here. Keir’s thread is here, with a bit of bonus content about the runoff voters who didn’t vote in November – yes, they exist. In the end, there were 152,764 total November early votes cast – there were two more days of early voting, and as usual they were the busiest.

Projecting final turnout is a little tricky, because don’t have many comparable data points. Only 2015 and 2009 had Mayoral runoffs in the modern early voting era. In 2015, 44.58% of votes cast on Election Day, while in 2009 that figure was 56.28%. I strongly suspect that 2015 is the more accurate model, and I’d bet the under on that. I’m guessing we’re headed for final turnout in the 175-200K range. Just my guess, but with a mostly hardcore voter crowd and no romantic attachment to Election Day itself, I fully expect most of the voting to be over. Have you voted yet?

District B runoff lawsuit moved to another court

Still up in the air.

Cynthia Bailey

A Harris County judge on Monday referred the lawsuit stalling a runoff in Houston city council District B to another court, casting more uncertainty about when the contentious case will be resolved and when voters will choose a new council member.

[…]

Monday’s hearing in the case did not address the central claims of the lawsuit. [Plaintiff Renee] Jefferson-Smith has contested the Nov. 5 results and argues that [candidate Cynthia] Bailey’s felony conviction makes her ineligible for office.

Instead, the hearing focused on legal procedure. Attorneys for Bailey and Jackson argued Jefferson-Smith’s lawsuit did not constitute a proper election contest because she did not dispute the results. They asked the court to dismiss the case.

Judge Cory Don Sepolio declined, referring the case instead to the regional authority tasked with assigning a special judge. He cited a state law that says judges in the county where an election took place can’t hear a contest in that election.

Nicole Bates, attorney for Jefferson-Smith, said she expects the judicial assignment to be made in the next couple days. She hailed the move as a win.

“We are happy with this decision and look forward to pursuing the election contest, and hopefully we can give the voters a true choice on a candidate that can actually be seated,” she said.

[Candidate Tarsha] Jackson called the decision “disappointing.”

“The people of District B should be voting right now with the rest of Houston,” Jackson said. “We need to get on the ballot as soon as possible — in January — and I’m going to keep fighting to make sure people can exercise their right to vote.”

The lawsuit is the second case Jefferson-Smith has filed. In the first, a judge declined her request for an order declaring Bailey ineligible. Jefferson-Smith is currently asking the Texas Supreme Court to review that decision.

See here, here, and here for the background. I just want this to be over in a timely fashion, so that the people can finally get to vote. This is such a mess.

8 Day runoff 2019 campaign finance reports

We start with a Chron story.

Mayor Sylvester Turner raked in more than $1.7 million from late October through early December and spent roughly the same amount, leaving him with almost $600,000 for the final days of the runoff, according to a campaign finance report filed Friday.

The total marked a fundraising surge for Turner, who was aided by newly reset donor contribution limits for the runoff, though he still was outspent by Tony Buzbee, a millionaire trial lawyer and the mayor’s opponent in the Dec. 14 contest.

Buzbee, who is self-financing his campaign and refusing all campaign contributions, put $2.3 million of his own money into the campaign last month and spent almost $3.1 million between Oct. 27 and Wednesday, leaving him with about $524,000.

With a week to go in the election, Buzbee and Turner have now combined to spend about $19 million in what has become easily the most expensive Houston mayoral race yet. Buzbee has spent $11.8 million of the $12.3 million he has put into his campaign account, while Turner has spent $7.2 million since the middle of 2018.

As an earlier story notes, self-funding has only occasionally been a winning strategy in Houston. I don’t expect it to be any different this time, but I do note that Buzbee’s basic strategy has changed. I still haven’t seen a Buzbee TV ad since November, but we’ve gotten a couple of mailers (someone needs to clean up his database if he’s mailing to me), I’ve seen a bunch of web ads, and he’s been littering the streets with signs. Gotta spend that money on something.

Here’s a summary of the 8 day reports for the runoff:


Race   Candidate     Raised      Spent     Loan     On Hand
===========================================================
Mayor  Turner     1,741,906  1,722,625        0     597,624
Mayor  Buzbee     2,300,000  3,076,360        0     524,420

A      Peck          38,075     39,252    5,000      15,373
A      Zoes           6,600      7,562    4,000       3,723

B      Jackson
B      Bailey           355        284      200          70

C      Kamin        180,528    137,396        0     173,370
C      Kennedy       35,160     18,343        0      25,995

D      Shabazz       31,490     28,575        0       5,009
D      Jordan        28,190     11,688        0      53,724

F      Thomas        
F      Huynh         

H      Cisneros      54,700     75,012        0      41,632
H      Longoria      36,945     32,906        0      20,946

J      Rodriguez
J      Pollard       38,016     47,147   40,000      22,864

AL1    Knox          69,710     49,857        0      16,073
AL1    Salhotra     128,672    121,736        0      64,150

AL2    Robinson     111,280    199,791        0     189,649
AL2    Davis         27,725     10,367        0      19,816

AL3    Kubosh        72,215     69,164  276,000     113,500
AL3    Carmouche     17,570     11,757        0       5,812

AL4    Plummer       41,915     44,501   21,900      12,443
AL4    Dolcefino     19,215     17,482        0       6,478

AL5    Alcorn       195,105    154,757        0      49,463
AL5    Dick           1,100     65,205   75,000       2,545

I think there must be some reports that have not been uploaded – the Chron story mentions Sandra Rodriguez’s numbers, but there was no report visible on Saturday. It and the others may be there on Monday. In the Council races, what we see here is a continuation of what we had seen before. Big fundraisers raised big money, others didn’t. Eric Dick did his spend-his-own-money-and-file-weird-reports thing. Most of the spending has not been particularly visible to me – I’ve gotten a mailer from Robinson and Turner, and that’s about it.

How much any of this moves the needle remains to be seen. As we know from the Keir Murray reports, the runoff electorate is very similar in nature to the November electorate. That’s obviously better for some candidates than for others. If you think of fundraising in runoffs as being like the betting markets to some extent, then we’re probably headed towards the expected results. We’ll see if there are any surprises in store.

Precinct analysis: 2019 Metro referendum

The one election of interest within Harris County that wasn’t mostly or entirely within Houston was the Metro referendum. Let’s have a look at how that vote went.


Dist     Yes      No
====================
A     18,795  10,648
B     15,120   4,037
C     32,384  12,659
D     19,304   4,823
E     15,912  12,942
F      9,357   3,699
G     20,985  14,163
H     11,049   4,065
I      8,439   3,282
J      5,208   2,063
K     14,987   4,509
		
A     63.84%  36.16%
B     78.93%  21.07%
C     71.90%  28.10%
D     80.01%  19.99%
E     55.15%  44.85%
F     71.67%  28.33%
G     59.70%  40.30%
H     73.10%  26.90%
I     72.00%  28.00%
J     71.63%  28.37%
K     76.87%  23.13%

Where        Yes      No
========================
Houston  171,540  76,890
Not Hou   51,323  28,676

Houston   69.05%  30.95%
Not Hou   64.15%  35.85%

I’ve said before that blowout elections lead to boring precinct analyses, and here you can see a good example. The referendum passed by big margins everywhere, inside Houston and out. It helped that advocates had plenty of money while opposition was sparse. I doubt it would have mattered much in the end – the 2003 referendum passed despite much fiercer resistance, after all – but you have to think that the absence of a vocal and powerful Congressional adversary had to make this a lot easier for Metro. And that’s just fine by me.

Precinct analysis: 2019 Controller

Back to the precinct data. This one’s easy, as there are only two candidates.


Dist Sanchez   Brown
====================
A      8,771   7,059
B      4,507  10,779
C     17,652  21,540
D      7,391  15,225
E     14,505  10,672
F      4,798   4,559
G     18,093  13,451
H      7,174   6,579
I      6,089   4,834
J      3,482   3,213
K      7,286  10,680
		
A     55.41%  44.59%
B     29.48%  70.52%
C     45.04%  54.96%
D     32.68%  67.32%
E     57.61%  42.39%
F     51.28%  48.72%
G     57.36%  42.64%
H     52.16%  47.84%
I     55.74%  44.26%
J     52.01%  47.99%
K     40.55%  59.45%

You have to hand it to Orlando Sanchez. He’s been around forever – he was first elected to City Council, in At Large #3, in 1995, the year Griff Griffin started running for office, but he had run unsuccessfully for District C in 1993. He ran for Mayor in 2001 after serving his three terms on Council and nearly won, then ran again in 2003 and didn’t do quite as well. No worries, he jumped at an opportunity to run for County Treasurer in 2006, and was on the county’s payroll till the end of last year. Why not run for office again? Man needs a job, you know. He won everywhere except the three African-American districts and District C, a pretty fine showing for a nondescript Latino Republican, but it wasn’t quite enough. In a county that’s a bright shade of blue and a city where the next elections are in 2023, is this the last we’ll hear of him? I kind of don’t think so. One of the first things he did after losing last year was cheerlead for the TEA to take over HISD, which makes me wonder if he might angle for a spot on the Board of Managers. Water finds its level, and Orlando Sanchez finds opportunities, is what I’m saying. Don’t count him out just yet.

As for Chris Brown, here’s how he did in the 2015 runoff against Bill Frazer. As you can see, better in the Republican districts and District C, less well in the Democratic districts. It’s still a win this way, but he didn’t exactly build on his success from four years ago. Campos thinks he should have done better, and that he failed to get a leg up for a potential future run for Mayor. I think there’s something to that, but I also think no one will remember these numbers even one year from now. If Mayor is next on his agenda, then the most important numbers he’ll need are fundraising numbers. A little more visibility wouldn’t hurt, either. I have to think some of what happened this year is due to Orlando Sanchez’s name recognition, but it shouldn’t have taken that much on Chris Brown’s part to overcome that. It’s not like he’s some no-name generic, after all. A win is a win, and in the end that’s what matters. But probably no other potential future Mayoral candidate is quaking in their boots right now.

Day Six 2019 Runoff EV Report: One day more

We’ve completed a five day early voting week, with a bonus day from before the week included. The Day Six EV Runoff file is here, and the final file from November is here.


Date     Mail   Early   Total
=============================
Nov19   6,799  52,718  59,517
Dec19  14,902  56,079  70,981

And here’s the Friday Keir Murray report.

Over seven thousand mail ballots came in on Thursday, which more than doubled the total at that time. About half of all mail ballots have now been returned. Only about a quarter of mail ballots had been returned after six days in the November election, though do keep in mind that “six days” in the December context covers a week and a half. Remember also that the December ballots are all Houston, while the November totals were all of Harris County. That said, more votes are cast early in off year runoffs than in odd year November elections – 55% of all ballots were early in the 2015 runoff, for example. And there are only ten total days of early voting here, as opposed to twelve in November. We’ll take our guesses about final turnout later. For now, things are chugging along.

It could be March before District B gets to vote in their runoff

And honestly, by the same calculations, it could go later than that.

Cynthia Bailey

The Houston City Council District B runoff could be delayed until March if a lawsuit contesting last month’s election result is not resolved by Monday, the Harris County Attorney’s office said.

The third-place finisher in the race filed the contest, arguing that second-place finisher Cynthia Bailey’s felony conviction bars her from holding public office.

Meanwhile, incumbent District B Councilman Jerry Davis said he intends to hold the seat until a successor is elected, while Harris County Precinct 1 Commissioner Rodney Ellis said the runoff should not have been delayed.

“There’s a lot of people out there that are angry,” Ellis said at this week’s Commissioners Court meeting on Tuesday. “And to be honest with you, I’m angry as well.”

Assistant County Attorney Douglas Ray said Dec. 9 is the deadline to place District B on the Jan. 28 ballot, which also will feature the runoff for the vacant District 148 seat in the Texas House of Representatives. The county will begin sending mail ballots for that election next week, Ray said.

“We don’t want to have to run another election in addition to the ones that we’re already doing,” Ray said.

A hearing on the election contest has been scheduled for Friday.

See here for the previous update. According to the Secretary of State, the deadline to send out the mail ballots for the March primary election is January 18th. That means that if we don’t have a resolution by the 9th, we have a bit less than six weeks to get resolution in time to have the election in March. Otherwise, the next opportunity is May. Isn’t this fun?

The District B race was a topic of discussion at Commissioners Court, where Ellis questioned whether the county should have yanked the runoff from the ballot. He suggested the county attorney could have sought to quickly dismiss Jefferson-Smith’s suit so the runoff could proceed as scheduled.

Ellis said the county’s decision sets a dangerous precedent where any disgruntled party could cause delays to an election.

“We’re going to be the laughingstock of the country if there’s some last-minute challenge, and then somehow we’re going to affect the presidential primary on Super Tuesday,” Ellis said.

County Judge Lina Hidalgo suggested the county attorney’s office develop a strategy to more quickly resolve election challenges in the future.

To be fair, the fact that the state law in question is ambiguous and has not been resolved by a court is part of the problem. Short of declaring Bailey ineligible when she filed, I’m not sure what the County Attorney can do or could have done. That said, I Am Not An Attorney, and they are (it’s right there in the name), so maybe they can think of something. Whatever they do think of, getting that law fixed needs to be a priority as well.

City and county leaders have said they support keeping Davis on council until his replacement is named.

“Although his term will expire on January 2, 2020, the City expects Council Member Jerry Davis to serve on a holdover basis (if necessary) until his successor is elected and qualified for office,” said Alan Bernstein, communications director for Mayor Sylvester Turner.

While some question whether that may run afoul of the city’s term limits, Davis and county officials said the Texas Constitution allows him to stay.

“All officers of this State shall continue to perform the duties of their offices until their successors shall be duly qualified,” Article XVI of the Constitution says.

I’m fine with this as well, but we all know this is another lawsuit waiting to happen, right? Lord help us if Davis is on the winning side of a 9-8 vote in Council in 2020. It sure would be nice if we get a verdict by Monday.

Why not appoint newly elected Trustees to the Board of Managers?

It’s a perfectly reasonable question, posed recently in the Chron op-ed pages by two of those new Trustees-to-be, Judith Cruz and Dani Hernandez.

Judith Cruz

As former Houston Independent School District educators, a product of HISD, and a parent in HISD, we are personally familiar with the inequity and mediocrity that plagues large portions of the seventh largest school district in the United States. We have experienced the average or below-average schools that hover just above “improvement required” status. We resigned or put our jobs on hold and spent the last few months in 100-degree weather walking door-to-door in Districts 3 and 8 in Houston’s East End. Our aim was to give our communities the voice and policy changes to make our schools excellent. Again and again, we heard we were the only candidates who had come to meet them in their neighborhoods and in their homes. We did the work. It paid off. In Districts 3 and 8, we have a clear mandate for change by winning 64 percent of the vote over the incumbent trustees. The people liked our message and spoke with their votes for change. Democracy worked!

Dani Hernandez

We won with a decisive mandate, though the victory was bittersweet. Within hours, rumors of a Texas Education Agency takeover came true. TEA announced it would be replacing the elected trustees with an appointed board of managers. Many were shocked by TEA Commissioner Mike Morath’s timing. The announcement came with a call for those interested in serving on the new board to apply online. Wait! What? Hadn’t Houston spoken on election day? Clearly, Districts 3 and 8 not only have “interested applicants”—they had just elected trustees who weren’t part of the problematic HISD board. We demonstrated our interest months ago when we filed for election and put our lives on hold to be the change we need.

Remember that the HISD takeover is partly about Wheatley High School, and partly about the investigation that concluded multiple Trustees had violated ethics rules, as well as the Texas Open Meetings Act. Two of the Trustees named in the investigator’s report were Diana Davila and Sergio Lira, who were defeated by Cruz and Hernandez. All indications we’ve had so far suggest that the TEA will replace the entire Board with the Board of Managers, and roll the elected officials back on over time, but there’s no reason why they couldn’t start with a couple of elected Board members. If that’s on the table, then it makes sense to put Cruz and Hernandez at the front of the line, precisely because they directly removed two of the problems. I don’t expect the TEA to buy this argument, but there’s nothing inherently illogical about it. We’ll know soon enough.

Day Four 2019 Runoff EV report: Steady as she goes

I’ll probably do these more or less every other day. The Day Four EV Runoff file is here, and the final file from November is here.


Date     Mail   Early   Total
=============================
Nov19   6,362  35,467  41,829
Dec19   6,387  37,606  43,993

As an extra added bonus, here’s Keir Murrary’s analysis of the voter roster through Day 3. Here, as we can see, mail ballots are now at parity and in person voting is slightly higher for Round Two, though Wednesday was the slowest day so far. Runoff voters are the hardest of the hardcore, so all of this is sensible to me. Have you voted yet?

Chron overview of the At Large #3 runoff

The basic story should be familiar by now.

Janaeya Carmouche

In the race for the third of Houston’s five citywide council seats, voters have a choice between candidates opposite in age, temperament, and, often, policy positions.

At-Large 3 incumbent Michael Kubosh is a bombastic 68-year-old bail bondsman. Seeking to deny him a third term is Janaeya Carmouche, 37, an even-keeled former nonprofit and government employee who most recently worked for Harris County Commissioner Rodney Ellis.

Kubosh relishes being a contrarian voice on the council, deploying thundering speeches, parliamentary delays or “no” votes when he sees fit.

“It’s not in my DNA to go along to get along,” Kubosh said. “You need me on council so I’ll speak up when I see wrong. If everybody just votes with the mayor, then why in the hell do we have a council?”

Carmouche is a self-proclaimed introvert with a “wonkish” bent who says community service works best out of the spotlight. She chose to challenge Kubosh rather than seek an open seat partly because she said he grandstands but produces little for Houstonians.

“He’s great at marketing, and I think we’ve given him a lot of credit for being politically savvy,” Carmouche said. “He is the Wizard of Oz: Pull back that curtain and it’s just a guy pulling knobs. We need to have sensible, thoughtful and critical-thinking folks around the table. This is a job of service.”

My interview with Janaeya Carmouche is here, and my analysis of the vote in AL3 is here. There’s not a whole lot to add here. Kubosh is what he is, Carmouche should get a boost from the Mayoral runoff, but she has a lot of ground to make up and Kubosh does better in the African-American districts than your typical Anglo Republican. We’ll see what happens.

Time for the 2019 outrageous and dishonest mailer

There’s at least one every cycle.

A handful of black Democratic elected officials are expressing outrage over a campaign mailer that appears to have used photos of the politicians without consent to falsely suggest they endorsed a slate of City Council candidates — including two backed by the Harris County Republican Party.

The mailer, circulated by a group called the Harris County Black Democratic News, features photos of former President Barack Obama, U.S. Reps. Sheila Jackson Lee and Al Green, and several state legislators and county officials, along with Mayor Sylvester Turner.

On the other side of the mailer are photos of nine City Council candidates, including Willie Davis and Eric Dick — who are endorsed by the Harris County Republican Party — under the banner text “Endorsement Announcement.” It also purports to endorse Turner and two Harris County Department of Education board candidates.

“I have never been contacted by the Harris County Black Democratic News, nor am I sure that they are a legitimate news or community organization,” said state Rep. Senfronia Thompson, who is pictured on the mailer. “I did not consent to being included in the Harris County Black Democratic News and am appalled that a group would go to this extent to mislead voters.”

The mailer does not disclose which person or political committee funded it, an apparent violation of state law.

Dick, a Harris County Department of Education trustee who is in a runoff for the At-Large, Position 5 seat against former City Council staffer Sallie Alcorn, contributed $8,500 to the Harris County Democratic News in September and October, according to his campaign finance records.

You can see a picture of the mailer, front and back, here. It’s almost admirable in its shamelessness. John Coby has been all over this. The news coverage will of course reach more people than would have ever seen the mailer itself, which is a two-edged sword, as some of them will just remember the images and not the truth about them. The thing about stuff like this is that it’s fundamentally a sign of weakness. No one who is confident in their ability to win needs to claim phony endorsements. This isn’t Eric Dick’s first campaign. He knows what he’s doing and he knows why he’s doing it. I’d say he should be ashamed of himself, but that ship sailed a long time ago.

Chron overview of the At Large #5 runoff

Of the five At Large runoffs, this one is the least predictable to me.

Sallie Alcorn

Sallie Alcorn is a proud nerd who sweats the small stuff.

“I like looking at ordinances and trying to figure out how to make them better,” said Alcorn, a long-time City Hall staffer. “I like the budget stuff. I like helping people. It’s the mundane stuff of city government that I like.”

In the race for Houston City Council’s fifth at-large position, Alcorn is touting her decades of public sector experience, and has been endorsed by a host of local and state leaders.

Her opponent, attorney Eric Dick, said his experience representing vulnerable people is the key difference between the two candidates.

Both have eschewed negative campaigning in favor of issues such as flooding.

[…]

After an unsuccessful run for mayor in 2015, Dick won a seat on Harris County Department of Education’s board of trustees in 2016. A supporter of Tony Buzbee for mayor — both are largely self-funding their campaigns — Dick is often billed as a Republican.

He disagrees with the classification, however, citing his views on climate change and criminal justice, views he calls out of step with many traditional Republicans.

“I probably agree with one-third of their platform,” he said.

As I noted before, it’s a pretty neat trick to run in and win a contested Republican primary while still claiming to not actually be a Republican. Let’s just say that since 2016, the year Eric Dick was was elected to the HCDE Board as a Republican, the state and national Republican Parties have offered many, many opportunities for wannabe “not one of those Republicans” to clearly and publicly distance themselves from their colleagues. Joe Straus, whatever you may think of him, has done it numerous times. Ed Emmett has done it. Some, like Jeff Flake and Bob Corker, were almost entirely performative in doing it, but they still did it. We know because they all got lots of attention for it. If you can think of one example of Eric Dick, as shameless an attention hound as you’ll find in local politics, doing them same, well, then you know of one more example than I do. So please take those extremely conveniently-timed professions of being an apostate and stuff them in whatever remains of your Thanksgiving turkey. I ain’t buying it, and neither should you.

So, then. Here’s my interview with Sallie Alcorn. Eric Dick’s schtick may be a load of hooey, but some people will believe it, and that’s why I’m unsure of how this one will go.

Day Two 2019 Runoff EV report: It’s going to be a weird EV period

Let’s do a table:


Date     Mail   Early   Total
=============================
Nov19   5,708  17,287  22,995
Dec19   2,269  19,882  22,151

That’s pretty close! The Day Two EV Runoff file is here, and the final file from November is here. Remember that there will be fewer early voting days for the runoff than there were for November, so the comparisons are ultimately a little skewed. More mail ballots had been returned by this point in November, but that election had a long lead-in for mail ballots. Besides, there have been more ballots sent out for December than there were for November – 29,247 for the runoff, 26,824 for November – so look for those numbers to even up. At some point I’ll check and see how big a share of the final totals early voting is for runoffs – the population involved is different, after all – but for now, enjoy what we have.

Chron overview of the District J runoff

This unfortunately misses a relevant piece of information.

Sandra Rodriguez

The candidates vying for the District J city council seat in December’s runoff election have different backgrounds and separate bases of political support but have arrived at similar conclusions about the way forward for southwest Houston.

Edward Pollard, 35, was raised in the Meyerland-Westbury area and was an academic All-American basketball player at Morehouse College. He played professionally overseas, then returned to Houston to earn a law degree, open a practice and start a nonprofit. He has wanted to run for office since working a 2011 internship at the state Legislature, and sought the 2016 Democratic nomination for District 137 state representative, losing to current Rep. Gene Wu.

Sandra Rodriguez, 40, grew up in Gulfton. The first-generation American lived in an abusive home, a one-bedroom apartment she shared with her parents and four siblings. She joined the city’s anti-gang office shortly after high school, earned a bachelor’s degree in 2013, and is now in her 12th year with the city Health Department. She recently decided to run for council as a way to do community work full-time rather than volunteering on off hours.

Pollard pushes a centrist message — “That pothole could care less whether you’re a Democrat or Republican” — and touts endorsements from the Houston Police Officers Union, business groups like the Houston Realty Breakfast Coalition and industry groups representing city contractors, engineers and Realtors.

“No matter who you are, where you come from, we’re all in this community together,” he said. “You couldn’t run this type of race in most other districts because they’re so heavily partisan one way or the other, but in a true purple district like J it gives you the opportunity to really push that message, and I’m glad I’m at the forefront of being able to do that.”

Rodriguez stresses the need to engage new immigrants and improve the district’s poor civic engagement, and is backed by SEIU Texas and other labor groups, the Texas Organizing Project, the Houston GLBT Political Caucus, and a host of Democratic politicians at the federal, state and local level.

“I just want to do the work. I’ve been doing the work for 20 years, I enjoy what I do, and if this will help me push policies and move our district forward in Southwest Houston, to change the image — because you hear Sharpstown, Gulfton, Westwood, you think crime, you think prostitution, all the negativity — if this will help me serve the district, then I’ll run. That was the ultimate decision-maker.”

Ed Pollard was also accused by Beth Martin, the then-District Director for Rep. Gene Wu, of verbally harassing her during that 2016 campaign. I have no idea what has happened since then, if Pollard has owned up to the incident and sincerely tried to make amends, or if it has just gone down the memory hole like these things usually do. I do know it’s a legitimate thing to mention in a story about this person’s candidacy, and I’m disappointed that it wasn’t in this article.

Be that as it may, my interview with Sandra Rodriguez is here. If I lived in District J, I would be voting for Sandra Rodriguez. If you live in District J or know someone who does, that’s my recommendation to you.

Chron overview of the At Large #2 runoff

This one’s a rerun.

CM David Robinson

City Councilman David W. Robinson and the Rev. Willie R. Davis last faced off for the At-Large 2 seat in 2015, with Robinson winning by 10 percentage points and taking on his second term.

Four years later, the two are at it again.

This time, Robinson is hoping his experience and record from six years on council will be enough to win voters’ support, while Davis says his decades-long connections to the community make him a better candidate.

[…]

Bringing community reinvestment — meaning having residents benefit from the businesses and organizations that profit within their neighborhoods — is one of Davis’ main priorities, along with addressing the displacement of black Americans caused by gentrification.

“I’m for development, but it needs to be equal development,” he said.

He emphasized that if elected, he would aim to serve all communities, something he said is not possible if council members are serving special interests.

Well, as I recall, Davis was an opponent of HERO in 2015, so when he says he would serve “all communities”, he doesn’t actually mean he would serve “all communities”. These things do matter. As was the case in 2015, Davis hasn’t raised much money, and incumbent CM Robinson beat him pretty much everywhere, so I don’t expect it will matter much what Davis meant by that statement. There is a misleading and illegal mailer out there that lumps Davis (and Eric Dick, who largely paid for it) in with other Democratic candidates and claims that various African-American legislators have endorsed him. Confusion and misdirection are the main strategic moves that Davis has, so be prepared to make sure other people don’t get fooled by it.

The quiet runoff

Have you been enjoying this little break from the Mayor’s race? Break’s over, but then we’re now into early voting, so we don’t have much longer to go.

Mayor Sylvester Turner

After a colorful first round defined by biting attack ads, mudslinging debates and policy disputes over crime and city finances, the temperature of the Houston mayoral runoff has noticeably cooled heading into Wednesday’s start of early voting.

Since the Nov. 5 election, when Sylvester Turner and Tony Buzbee finished atop the 12-candidate field, there have been few of the day-to-day sparks that marked the final weeks of the first stage. Buzbee, who spent millions to maintain a regular presence on television, just recently began running ads after a post-election hiatus. Turner has touted support from elected Democratic allies and largely ignored Buzbee.

Nor, after partaking in scores of forums and three televised debates, do the candidates have plans to engage in any more square offs.

The sleepy tone of the runoff marks a divergence from the 2015 contest, too, when Turner and his runoff opponent, Bill King, participated in more robust policy discussions and jousted in a pair of debates leading up to a razor-thin outcome in December.

“It has definitely been more quiet,” said Renée Cross, senior director of the Hobby School of Public Affairs at the University of Houston. “I don’t think we can pinpoint it to one thing, but I think there are a variety of factors going on that didn’t occur in 2015.”

For one, Cross said, the 2020 presidential election appears to be eating up far more attention than the 2016 contest was four years ago.

“I’ve said this all along, the national election has just overshadowed everything, politically speaking,” she said, adding that the House’s impeachment inquiry into President Trump has only further diverted the attention of Houstonians.

Also dampening enthusiasm for this year’s runoff, Cross and Rice University political scientist Mark Jones said, is the perception among some voters that it’ll be difficult for Buzbee to overcome Turner’s first-round advantage. According to unofficial returns, Turner received 47 percent of the vote, Buzbee 28 percent.

“After Turner came so close to 50 percent and defeated Buzbee by close to a 20-point margin, the conventional wisdom is there’s no realistic way for Buzbee to catch Turner, unless Turner were to commit some type of egregious gaffe between now and Election Day,” Jones said.

I think both profs are largely right. That said, if Buzbee had been carpet-bombing the airwaves like he said he was going to, then we’d be having a very different conversation right now. I don’t know what’s going on in Buzbee’s head, but if I were on his campaign staff I’d very much want to ask him why he chose the past three weeks to stop setting his money on fire.

Buzbee of course has the harder job here. Turner just needs to make sure his people return to the polls. He’ll likely pick up some Boykins and maybe Lovell supporters as well, not that that were that many of them. Buzbee needs to not only convince his own supporters to get back out there for him, he needs to persuade King voters and anyone else who didn’t vote for Turner in round one. That’s a tall order, and he doesn’t have much room for error. Yes, he can try to turn out people who didn’t vote in November – there are always a few of them who make it out for the runoff – but that’s easier said than done. He has a lot of ground to make up, and not much time left to do it. The main question in my mind at this point is how the low-key-so-far nature of the runoff will affect the other races. As far as that goes, the members more likely to align with Turner need a boost from him, but a dud from Buzbee might help as well. I couldn’t say at this point where any of the other citywide races may stand.