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Election 2020

HCDE Q&A: Obes Nwabara

Obes Nwabara

As you know, there are two races on the November ballot for which Democratic precinct chairs will be selecting the nominee in August. One is for County Clerk, and the other is for HCDE Trustee Position 7, At Large. As a precinct chair and as a Democratic voter, I wanted to get to know the candidates running for the HCDE spot a little better, so I sent them a written Q&A, similar to the ones I send to judicial candidates. Under other circumstances I might try to do a regular interview, but given time and other constraints, I thought this was the best option. There are three candidates running that I know about (a fourth, Sonja Marrett, informed me that she had withdrawn from the race), and I have received responses from each to these questions. I’m printing their answers in the order I received them. Hope you find this useful.

1. Who are you and why are you running for this office?

My name is Obes Nwabara, and I’m running for HCDE Trustee because education is deeply personal for me. The reason for that actually starts long before I was born and far from here.

In late 60’s Nigeria, the Biafran War was ravaging the nation. My paternal grandfather, with a wife and five children, needed to get his family out of the country.

He was in luck, though, because of his position as a college professor at the University of Nigeria. The school — which had been started in conjunction with Michigan State University — made it possible for him to save his family from the war by sending them to the United States.

His youngest son went on to get his own education, get married, have three sons, and eventually move to Texas. The eldest of those three is me.

So, as you can see, without education I would not be here. While most of the personal stories of our students don’t include escaping a civil war, getting a quality education can mean the difference between life and death, between hope and despair, and that’s a lesson that has been passed down through the generations in my family.

2. What background or experience do you have with public education?

I’ve volunteered at schools to read to young students, and I’ve worked with organizations like LVEC (the Latino Voter Empowerment Coalition) to get public school students registered to vote.

And in my own life, I’ve been a public school student, including getting my bachelor’s degree at the University of Houston.

3. What experience have you had with the HCDE?

Since I’ve been running for this seat I’ve attended meetings and spoken with several sitting board trustees.

4. What would your top three priorities be as HCDE Trustee?

My top 3 priorities would be to:
1. Expand Head Start (HCDE’s pre-K program) throughout the county so more families can participate,
2. Increase the number of programs organized through CASE (the Center for Afterschool, Summer, and Enrichment) to ensure kids aren’t slipping through the cracks outside of the school day, and
3. Increase access to student therapy services so that more students have a safe place to express their feelings and learn how to deal with life’s challenges

5. What did you do to help Democrats win in 2018, and what are you doing to help Democrats win in 2020?

In 2018 I was a block walk captain for the Beto O’Rourke campaign in Dallas and I block walked for the Dallas County Democratic Party. What I remember most from that was the sense at each door that this might be the year, and one in particular stands out in my mind. I remember ringing a doorbell in an apartment complex and a woman answered the door. She was already supporting Beto but there was a feeling of hope in her eyes to vote for him that I’d never seen in Texas Democrats before. It was a feeling that said “we can do this!”

I’ve never forgotten that feeling and it continues to drive me to do whatever I can, wherever I can, to elect Democrats and turn this state blue. We can do this.

During the Beto campaign I was also a phone bank captain. Thus far this cycle, outside of running for office myself, I’ve written campaign letters and postcards for several campaigns, I’ve shared voting information on my social media, and I’ve advocated for Democratic candidates to win over their Republican opponents by joining and participating in several Harris County Democratic clubs.

6. Why should precinct chairs pick you to be the nominee and not one of your opponents?

Precinct chairs should pick me because I have the best platform for students in Harris County, I’m a committed Democrat, and in the last year since I started pursuing this nomination I’ve shown that I’m willing to put the time in anywhere I can to make sure that there’s someone advocating for the children of Harris County and the educational opportunities they ALL deserve.

Dems could possibly win a lot of Congressional races in Texas

It started with this:

You might think wow, that’s a really optimistic take, but after the Tuesday primary runoff, we also got this:

I’d quibble with the categorization of those 2018 contests as “not serious” – all of the candidates raised a decent amount of money that year, and prognosticators had CD10 on their radar by the end of the cycle – but I take his point. And in the replies to that tweet, we got this:

A second Blue Wave in the suburbs?

Well-educated suburban districts, particularly ones that also were diverse, were a major part of the Democrats’ victory in the House in 2018. Democrats captured many formerly Republican districts where Donald Trump performed significantly worse in 2016 than Mitt Romney had in 2012. Democratic victories in and around places like Northern Virginia, Philadelphia, Pittsburgh, Detroit, the Twin Cities, Atlanta, Orange County, CA, parts of New Jersey, and elsewhere came in seats that meet this broad definition.

And then there’s Texas. Democrats picked up two districts there, one in the Dallas/Ft. Worth Metroplex (TX-32) and another in suburban Houston (TX-7). But Democrats put scares into several other Republican incumbents, and the closeness of presidential polling in Texas could lead to unexpected opportunities for Democrats there this November.

Trump has generally led polls of Texas, but many have been close and Biden has on occasion led, like in a Fox News poll released last week that gave him a nominal lead of a single point.

Tellingly, of 18 Texas polls in the RealClearPolitics database matching Biden against Trump dating back to early last year, Trump has never led by more than seven points — in a state he won by nine in 2016. It seems reasonable to assume that Trump is going to do worse in Texas than four years ago, particularly if his currently gloomy numbers in national surveys and state-level polls elsewhere do not improve.

In an average of the most recent polls, Trump leads by two points in Texas. In 2018, Sen. Ted Cruz (R-TX) won reelection over then-Rep. Beto O’Rourke (D, TX-16) by 2.6 points. If Trump were to win Texas by a similar margin this November, the congressional district-level results probably would look a lot like the Cruz-O’Rourke race. Those results are shown in Map 1, courtesy of my colleague J. Miles Coleman.

Map 1: 2018 Texas Senate results by congressional district

Cruz carried 18 districts to O’Rourke’s 16. That includes the 11 districts the Democrats already held in Texas going into the 2018 election, as well as the two additional ones where they beat GOP incumbents (TX-7 and TX-32) and three additional districts that Republicans still hold. Those are TX-23, an open swing seat stretching from San Antonio to El Paso; Rep. Michael McCaul’s (R, TX-10) Austin-to-Houston seat; and TX-24, another open seat in the Dallas-Ft. Worth area.

TX-23 is competitive primarily because it’s two-thirds Hispanic, and it already leans to the Democrats in our ratings. TX-10 and TX-24 better fit the suburban mold: Both have significantly higher levels of four-year college attainment than the national average (particularly TX-24), and Republican incumbents in both seats nearly lost to unheralded Democratic challengers in 2018.

Cruz won the remaining districts, but several of them were close: TX-2, TX-3, TX-6, TX-21, TX-22, TX-25, and TX-31 all voted for Cruz by margins ranging from 0.1 points (TX-21) to 5.1 (TX-25). These districts all have at least average and often significantly higher-than-average levels of four-year college attainment, and they all are racially diverse.

In other words, these districts share some characteristics of those that have moved toward the Democrats recently, even though they remain right of center.

This is all a long preamble to an alarming possibility for Republicans: If Biden were to actually carry Texas, he might carry many or even all of these districts in the process. In a time when ticket-splitting is less common than in previous eras of American politics (though hardly extinct), that could exert some real pressure on Republicans in these districts.

Ted Cruz carried 20 districts to Beto’s 16, a minor quibble. Remember this post in which Mike Hailey of Capitol Inside predicted Dems would flip eight Congressional seats? Not so out there any more.

Look at it this way: Since the start of June, Trump has had exactly one poll, out of eight total, in which he has led Joe Biden by more than two points. The four-point lead he had in that poll is smaller than the five-point lead Biden had in a subsequent poll. In those eight polls, Trump has led in three, Biden has led in three, and the other two were tied. The average of those eight polls is Biden 45.9, Trump 45.6, another data point to suggest that Biden has gotten stronger as we have progressed.

Insert all the usual caveats here: Polls are snapshots in time. It’s still more than 100 days to Election Day. Things can change a lot. No Texas Democrat has won a statewide race since 1994, a losing streak to rival Rice football versus UT. (As it happens, the last time Rice beat UT in football was…1994. Coincidence? I think not.) The polls all said Hillary was gonna win in 2016 and we know how that went, smartass. Fill in your own rationalization as well.

The point here is simply this: If Joe Biden actually wins Texas, it could be really, really ugly for Republicans downballot. Even if Biden falls short, it’s likely going to leave a mark on them as well.

I’ll leave where we started:

Karma, man.

Some brief runoff thoughts

You know the drill here…

– The Election Night Results page at the SOS shows 955,735 votes total in the Democratic Senate runoff. That number is likely to increase a bit over the next few days, as we’ll see shortly. It means about 300K votes were cast on Tuesday, a bit more than thirty percent of the overall total. This turnout is the highest of any Democratic primary runoff since 1990, back when Dems were the dominant party.

– That turnout was fueled in part by the Senate runoff, and in part by a burning anger at the botched pandemic response and zealous attempts by the Republicans to curtail mail voting. Some national folks commented on this, and how it maybe lends credence to the whole “Texas is in play” narrative, and not just at the Presidential level. We’ll keep checking on the polls going forward to see how far that carries us.

– As there were no statewide Republican runoffs, a direct turnout comparison is tricky. The early voting total for Republicans was 421K, not too shabby all things considered. So maybe they got to 600K or a bit higher.

– Let’s talk mail ballots for a minute. Texas Elects has a terrific overview, but let’s focus on this:

Absentee ballots are counted by a subset of election officials known as the Early Voting Ballot Board (EVBB). Well, in many counties, there are two EVBBs for primary and runoff elections. County political party chairs are the presiding judges, and there are at least two other members. A separate Signature Verification Committee with as many as 12 members may also be created, and larger committees are possible. If you’re interested in the minutiae of all this, the Secretary of State’s 2020 EVBB handbook (pdf) has it in spades.

Counties with a population of 100,000 were able to convene their Early Voting Ballot Boards as early as July 4 (likely July 6 because of the holiday) to begin the process of qualifying and scanning mail ballots. Counties with populations under 100,000 were able to convene their EVBBs as early as last Friday.

An absentee ballot may only be accepted if:

  • The carrier envelope was “properly executed”
  • The voter’s signatures on the ballot application and carrier envelope were not signed by someone else, unless it was a lawful witness
  • The ballot application states a legal ground for voting by mail (In other words, one of the pre-printed boxes is checked or otherwise marked and the voter hasn’t hand-written some other reason, like coronavirus)
  • The voter is registered to vote
  • The ballot was sent to the applicable address; and
  • If required, a statement of residence was included and properly completed.
  • It also has to be received by the county election official by no later than 7 p.m. on Election Day, with exceptions for certain overseas civilians and military voters.

When the EVBB accepts the ballot, the voter’s name is entered on the poll list and the ballot is separated from the envelope. The ballots cannot be counted until polls closed on Friday, the end of the early voting period, in counties with 100K or more residents, and until polls open tomorrow (Tuesday) in all other counties.

This is an easily overwhelmed process. All of this requires human intervention. Absentee ballots arriving by 7 p.m. on Election Day are supposed to be counted and included in election night results. There is reason to believe that a significant number of absentee ballots will arrive very late in the process. For example, as of Friday, Harris Co. had received more than 70K absentee ballots, and another 74K had not yet been returned.

Mail ballots received on Election Day are still treated as “early voting” and will be included within the early vote canvass. In close races, we will be noting who is ahead among absentee ballots, as that may provide an advantage as more votes are counted. Or not.

All of this is to put perspective on why we may not have definitive results on Election night. All of this may be magnified in November, and not just in Texas.

That’s why the final vote totals may creep up a bit, and also something to think about for the fall. You may want to ask your local elections administrator what you can do to help.

More along those same lines.

As dress rehearsals go, Tuesday’s Texas primary runoff elections weren’t bad, but for some voters and poll workers, they revealed problems that need to be fixed before November’s big show.

With much lower turnout than primary or general elections, the first in-person election day during the coronavirus pandemic saw voters reporting heavily sanitized polling places, an ample supply of gloves, finger cots or pencils to mark up their ballots, and socially distanced lines. With a tiny ballot in many places, some were in and out of polling places in minutes.

But some Texans who sought to vote by mail — and submitted their applications on time — indicated they never received their ballots. Some opted instead to vote in person. Others went uncounted. It’s unknown how many were affected.

Other voters sent in their mail-in ballots only to have them returned unopened. Some of those reached county elections offices after a second attempt, while others still appeared lost on election night. It’s also unknown how many were affected.

In some counties, previously advertised polling places were shuttered at the last minute for lack of workers, some fearing the pandemic or reluctant to risk exposure to voters who were not required to wear masks. Others walked off the job Tuesday morning after discovering some of their fellow poll workers wouldn’t be donning masks.

And throughout the night, the Texas secretary of state’s portal for reporting election night returns was either broken or incorrect, first displaying garbled numbers in various races on the ballot and later showing discrepancies with county reports.

“I would say a number of the problems we saw in this election are red flags that, left unaddressed, could result in massive problems in November,” said Anthony Gutierrez, executive director of Common Cause Texas, in a statement.

At least the SOS website got fixed in relatively short order. The rest of it, yeah. No one should have to do this to cast a ballot.

– Looks like there will be a fight over the CD23 Republican result. Good luck sorting that one out, fellas.

– The SD14 special election runoff needs to be scheduled. I expect it to be in the end of August or so. My condolences to everyone in that district who will have to see two perfectly good Democrats rip each other up for the next six weeks or so.

– Beyond that, I don’t have any deep insights at this time. We’ve got a good slate of candidates, and as of Wednesday we’ll start seeing June finance reports for everyone. Eyes on the prize in November, y’all.

2020 primary runoff results: Statewide

It was a tight race all night, but it looks like MJ Hegar will win.

MJ Hegar

MJ Hegar was holding a 5-percentage-point lead over Royce West on Tuesday night in the Democratic primary runoff for U.S. Senate, according to unofficial results.

With 71% of polling locations reporting, Hegar was ahead of West, 52.4% to 47.6%. Hegar is the former Air Force helicopter pilot endorsed by the Democratic Senatorial Campaign Committee, and West is the longtime state senator from Dallas.

Speaking to reporters shortly after 10 p.m., Hegar said she was not declaring victory yet but felt “very confident.”

West and his campaign, meanwhile, said the runoff was still too close to call and that they expected it to come down to about 10,000 votes.

With about three-fourths of the precincts reporting, Hegar was leading by 40K votes. I don’t think there’s enough time, or enough outstanding ballots, for West to make up the ground. For what it’s worth, West had about a 3K vote lead in Harris County after early voting, but Hegar whittled away at that on Election Day, and very slowly stretched her lead out over the state. There was some bad blood in this race towards the end, and West picked up a number of endorsements from elected officials, while John Cornyn ran some ads stoking the fire. I expect people will mostly forget about all that in November, but for now there’s some healing to do.

In the Railroad Commissioner race, Chrysta Castaneda led everywhere I looked in early voting by a wide amount, and then kept adding to it. She was easily over 60% as Election Day results were coming in. I called that race on Twitter pretty much right away.

We’ve talked about the potential pickup of the Senate seat, as that is one extra reason for the Biden campaign to invest in Texas. The polling we’ve had in the Senate race doesn’t suggest a top tier opportunity, but it’s not like John Cornyn is anywhere near fifty percent, nor is he appreciably ahead of Trump in his level of support. Basically, if Joe Biden can win Texas, or maybe even if he can just come really close to winning Texas, MJ Hegar/Royce West can win that race as well.

The thing is, that also holds true for the RRC race and the statewide judicial races. I can make the argument that Biden will run ahead of other Dems (mostly because there will still be some Republican crossover at the Presidential level but not downballot, as was the case in 2016), and I can also make the argument that Trump will run ahead of other Republicans (mostly because I think there will be more vote-for-Trump-only people than vote-for-Biden-only people, and maybe because the third party vote will be bigger downballot than at the top, as it usually is in Presidential years), but the same basic calculus holds. If Biden wins Texas, the odds are good he will have company. If he falls short, even by less than a point, the odds are no one else makes it across. The national folks have very little reason to care about these races, but the rest of us should.

2020 primary runoff results: Congress

I’m going to bullet point these just for simplicity. There will be news stories to look at later.

CD03 Dem: Lulu Seikaly cruised to an easy win here. She was just over 60% at around 10 PM, with some Election Day precincts in.

CD10 Dem: Looking good for Mike Siegel, who is leading in Harris and Travis counties, where most of the votes are.

CD24 Dem: This was surprisingly not close, as Candace Valenzuela led early thanks to a big lead in Dallas County, but as of 10 PM she was also leading in Tarrant and Denton. A really hard-fought battle, with Valenzuela gaining a ton of momentum and stepping up her fundraising as the election neared. This is one of those where you might wonder if things would have been different with the runoff in May as originally scheduled.

CD31 Dem: Donna Imam takes it in both Williamson and Bell counties for the win.

On the Republican side, Ronny Jackson in CD13, Pete Sessions (yeah, that guy again) in CD17, Troy Nehls in CD22 (say goodbye to another $8 million, Kathaleen Wall) are all winners. I’m not prepared to all CD23 between Raul Reyes (endorsed by Ted Cruz) and Tony Gonzales (endorsed by Donald Trump). There were other runoffs, but all involving candidates with no hope to win in November, so I’m not too worried about them. The Texas Tribune has a good result tracker for both parties if you want to be a completist.

UPDATE: Tony Gonzales has slipped ahead of Raul Reyes in CD23, but the contest has not been called yet, and Reyes has not conceded.

2020 primary runoff results: SBOE, Senate, House

Again, bullet points. Get used to it.

SBOE6 Dem: Michelle Palmer had a 65-35 lead after early voting, and that was pretty much all there was to it.

SBOE5 GOP: It’s much more boring and sedate, but the Republican candidate who didn’t arrive in a clown car, Lani Popp, defeated performance artist and semi-professional troll Robert Morrow. This is the best pickup opportunity for Dems, but since no one pays attention to SBOE races – the district are ginormous and candidates never have any money – there would have been a chance Morrow could have won if he’d been the nominee. Having Popp carry the GOP banner lowers the Dem chances slightly, but as we know from other elections it’s never a good idea for a chaos agent to be a viable candidate in any race. Whatever happens in November, this was the better outcome.

SD14 special election: Sarah Eckhardt has been over fifty percent all night. This may change by the morning, but as I type this she appears to be headed for a victory without a runoff.

UPDATE: The final results from Travis County show Sarah Eckhardt winning with 51.1%, but I’d forgotten that Bastrop County is also in SD14, and Eckhardt is only at 31% there thanks to 38% of the vote going to Republican Don Zimmerman. It appears that is enough to keep her under 50%, which means a runoff with Rep. Eddie Rodriguez.

SD19 Dem: State Rep. Roland Gutierrez has bounced back from his second place finish in March to lead 53-47 as I write this. Seems likely he’ll hand on.

SD27 Dem: Alas, Sen. Eddie Lucio has also hung on, leading 54-46 in the later evening. I believe he said this would be his last term. We can only hope.

State House Dem Sarah DeMerchant will get her third shot at HD26 in Fort Bend County. In Harris County, Akilah Bacy crushed it in HD138, Rep. Harold Dutton eked it out in HD142, and going late into the night, Penny Shaw was leading Anna Eastman in HD148. Eastman had a sizable lead in mail ballots – her campaign worked that pretty hard – but Shaw equaled that in early votes, and had a small but growing lead on Election Day. Anna’s a friend and I’m sad for her, but Shaw appears to be the nominee. I suspect – and I’d have said this regardless of who won – there will be another hotly contested primary in HD148 in 2022. It’s a fact of life with redistricting, and there’s a high potential for the neighborhoods in and around HD148 to be swapped in and out of various districts, as was the case in 2011. (I personally was at various times that year drawn into HDs 134, 143, 146, 147, and 148, before finally landing in 145. I can hardly wait to see what happens next.)

In Dallas, Lorraine Birabil, who had won the special election in HD100 and was leading by enough early on for me to say she had won, was trailing Jasmine Crockett by about 90 votes late in the evening, with three vote centers yet to report. (Hat tip to Scott Braddock and his indefatigable Twitter feed.) Elsewhere, Liz Campos won in HD119, while Lorenzo Sanchez (HD67) had a small lead. Two Republican incumbents were ousted, Dan Flynn (HD02) and JD Sheffield (HD59). Jacey Jetton had a modest lead in HD26.

UPDATE: Birabil is still trailing Crockett in HD100, but it’s not quite final yet.

2020 primary runoff results: Judicial and county races

Winding things up…

The big, albeit not unexpected, news is that Cheryl Elliott Thornton defeated incumbent Judge Alex Smoots-Thomas, with over 70% of the vote. That honestly comes as a relief. I sincerely hope Judge Smoots-Thomas gets her stuff straightened out.

Tamika Craft led early and by a significant amount in the 14th Court of Appeals Place 7 race, while Te’iva Bell took the prize in the 339th Criminal Court.

Michael Moore was the winner in Commissioners Court, Precinct 3, winning with about 57% of the vote against Diana Martinez Alexander. These are both fine, decent, hardworking people, who ran strong campaigns and displayed a ton of knowledge about the issues and solutions for them. Diana would have been a terrific Commissioner, and I hope she runs for something again. Michael will be a terrific Commissioner, and you should be delighted to vote for him in November.

Good news in the Constable Precinct 2 race, as the good Jerry Garcia has defeated the problematic incumbent Chris Diaz. Sherman Eagleton won in Precinct 3, and Mark Alan Harrison will carry the banner in Precinct 4.

Finally, in Fort Bend County, your winners are Bridgette Smith-Lawson (County Attorney), Jennifer Cantu (Commissioners Court, Precinct 1), and Kali Morgan (505th Civil Court). In the Sheriff’s race, Eric Fagan had a 26 vote lead (out of over 38K votes cast) over Geneane Hughes. That one’s almost surely headed for a runoff.

CBS News/YouGov: Trump 46, Biden 45

Maybe a tad bit of a letdown after yesterday’s result, but still quite solid.

The coronavirus outbreak is reshaping the presidential race in three key Sun Belt states. Joe Biden is now leading President Trump by six points in Florida, and the two are tied in Arizona and competitive in Texas, where Biden is down by just a point to Mr. Trump. Biden has made gains in part because most say their state’s efforts to contain the virus are going badly — and the more concerned voters are about risks from the outbreak, the more likely they are to support Biden.

In all three states, most voters say their state reopened too soon, and those who say this feel their state went too fast under pressure from the Trump administration. Most also say the president is doing a bad job handling the outbreak. He may be paying a price for that, at least in the short term.

This is helping Biden not only to post bigger gains with groups that already trend Democratic — like women and younger voters — but also to cut into Mr. Trump’s margins with seniors. Seniors who are very concerned about coronavirus back Biden in large numbers.

Though embattled in three states he won in 2016, the president remains bolstered by enthusiastic support from his base; by the belief that his policies are a little more likely to help the economy recover than hinder it; and by the fact that the economy still outranks coronavirus as a top issue, in part because Republicans express much less concern about the virus, while both parties agree on the importance of the economy.

[…]

The former vice president has a six-point edge in Florida. Mr. Trump has a one-point edge in Texas and they are tied in Arizona.

Currently, all three states appear competitive because Biden has expanded his support among demographic groups that backed Hillary Clinton in 2016.

In each state, Biden is doing better with women than Clinton did four years ago. In Florida, in particular, Biden leads among women by double-digits; Clinton won women in Florida by four points. Biden has narrowed the gap with white women, in particular, though Mr. Trump still has the advantage. This is boosted by strong support for Biden among white women with a college degree, a group Clinton lost in Florida.

Biden is also making some inroads with seniors, who have voted Republican in stronger numbers in these states in recent years, and could be crucial in Florida. There, Mr. Trump currently has an 8-point lead among seniors, but that’s just half of his margin among them four years ago.

Biden leads among Hispanic voters in all three states. He is currently getting the support of about six in 10 Hispanics in Texas and Florida, similar to the vote share Clinton received in 2016. In Arizona, seven in 10 Hispanic voters back Biden, a bit higher than Clinton’s share.

You can see the poll data for Texas here, and as before here is the FiveThirtyEight page for Texas. This is the first CBS/YouGov poll for Texas that I see – the earlier YouGov polls you see on the 538 page are UT/Texas Tribune polls.

The main difference between this poll and yesterday’s poll is simply this: Trump does a lot better among independents in this sample than in the UT-Tyler/DMN sample. Here, Trump leads among indies 43-41, and they are roughly as large a subgroup as Dems and Republicans (they were a much smaller group in the other poll). Here, Biden is even stronger among Dem voters, leading 92-4, while Trump is nearly as strong among Republicans, leading 89-4. Why the difference? Who knows? It could be question wording, it could be the pollsters’ definitions, it could be how they’re modeling the electorate, and it could be dumb luck. This is why I try not to worry too much about subsample differences. They are what they are, and you’ll drive yourself crazy if you try to make too much sense of them.

There was a Senate poll included as well, and it has Royce West doing slightly better than MJ Hegar against John Cornyn. West trails 43-37, while Hegar trails 44-36. There are three other choices – “Someone else”, “Don’t know”, and “I wouldn’t vote”, and the only difference here is that the “Someone else” number is 3 in the Hegar/Cornyn race and it’s 4 in West/Cornyn, so I think the actual gap between the candidates would be closer to 7 in each case if we went to a third significant digit. Cornyn only gets 6% of Dems versus Hegar and 5% versus West in this poll, which is another big difference from yesterday’s poll and a counterpoint to the hypothesis that Cornyn might outperform Trump in November. Again, the main idea to hold onto is that it’s too early to form any strong conclusions.

Our twelve-poll average in the Presidential race is now Trump 46.0, Biden 44.7. I’m sure there will be plenty more poll results coming.

The progressives and the runoffs

May as well check in on this.

Sara Stapleton Barrera

Judging from March, the ideological left wing of the Democratic Party in Texas should be inconsolable.

After months of high hopes, the faction ran into a centrist buzz saw in the March 3 primary. Joe Biden practically locked up the Democratic presidential nomination, and progressive candidates experienced electoral drubbings.

Among the fallen: presidential candidates Bernie Sanders and Elizabeth Warren, congressional candidate Jessica Cisneros, U.S. Senate hopeful Cristina Tzintzún Ramirez, and Audia Jones, a candidate for Harris County District attorney endorsed by Sanders.

But rather than licking their political wounds, leading progressive candidates still in the fight say they’re invigorated — and eager to use the coronavirus pandemic, fights over voting by mail and calls for police reform to score some late victories in the July runoffs.

“Every time we have a progressive run, we get a little bit closer,” said Sara Stapleton-Barrera, who is in a runoff against state Sen. Eddie Lucio Jr., D-Brownsville. “I feel like we’re slowly winning the war, but we have to get through some of these battles first.”

Perhaps the most energy is coming from Austin, where two runoffs have the attention of progressives. José Garza is competing in the nationally watched Democratic primary runoff for Travis County district attorney. Mike Siegel is vying for his party’s nomination in the 10th Congressional District’s Democratic primary runoff.

Garza’s race is where the focus on police reform is arguably the clearest. Even before the death of George Floyd at the hands of Minneapolis police prompted protests nationwide, Garza was challenging incumbent Margaret Moore from the left, arguing she was too harsh in her prosecution of nonviolent offenders. He earned the most votes in March and has promised to bring all police shootings and more police misconduct cases before a grand jury. He has also pledged not to accept campaign contributions from police unions.

Moore, meanwhile, has accused him of being inexperienced with the local criminal justice system and running a campaign focused on national issues instead of local ones.

In the 10th Congressional District, Siegel is running on a platform that includes supporting “Medicare for All” and the Green New Deal. Siegel will face Dr. Pritesh Gandhi, who has cited his medical experience while pitching Medicare Extra, a proposal that does not go as far as Medicare for All and leaves some private insurance in place.

“I think this is the exact moment in history when progressives are in a place to lead, and it’s because the times have caught up the policies we’re fighting for,” Siegel said. “This is the time to run as a progressive. I feel really good not just about my chances, but the movement overall.”

[…]

Another runoff that has drawn the attention of some national progressives is the one for the 24th Congressional District, where Kim Olson and Candace Valenzuela are competing to replace retiring U.S. Rep. Kenny Marchant, R-Coppell. The seat is a national Democratic target.

Valenzuela has endorsements like the Congressional Progressive Caucus and Warren, but the runoff has not as sharply split along ideological lines as much as it has on issues of experience and racial identity. Valenzuela, a former Carrollton-Farmers Branch school board member, and her allies are hammering Olson over her time as human resources director for the Dallas Independent School District. Valenzuela and her supporters are also touting that she would be the first Afro-Latina to serve in Congress. Olson is white.

But the divide might be clearest in South Texas, where the winner of the state Senate runoff between Lucio and Barrera will be the overwhelming favorite to win the seat in November.

I’ve said repeatedly that beating Eddie Lucio in SD27 will do more for progressives than beating Henry Cuellar in CD28 ever could have done, because of the relative sizes of the two legislative bodies and the outsized influence Lucio has in the 12-member (for now) Dem Senate caucus. Lucio is terrible, and I’m delighted that that particular race has finally gotten the attention it needs. I think one reason why maybe it didn’t get as much attention earlier is because Sara Stapleton Barrera isn’t necessarily “the” progressive candidate in that race. If Ruben Cortez had finished second, people would be rallying behind him now. This race is much more about Eddie Lucio, and I’d say it’s only now that we’re down to one candidate against him that the race has been viewed through that lens.

As for CD10, I mostly shrug my shoulders. I think Medicare For All is a fine goal to work towards, but Medicare For Those Who Want To Buy Into It is much more easily achieved in the short term, with far less disruption to the existing system and far less resistance from people whose employer-based (possibly collectively-bargained) plan is just fine for them. If we’re lucky enough to have a Democratic Senate in 2021, I think what can get passed by that Senate is what we’re going to get. Will having more pro-Medicare For All members of Congress affect that outcome? Maybe. It’s hard to say. I like Mike Siegel and would vote to give him a second chance to topple Mike McCaul if I lived in CD10, but I think either Siegel or Pritesh Gandhi will be a fine addition to Congress and a major upgrade over the incumbent. Same in CD24, with Kim Olson and Candace Valenzuela, each a good candidate with different strengths and appeals but no major differences on policy.

The race that definitely has the potential to have a big effect is the Travis County DA race, where the ideological lines are clear and the ability for the upstart to make a difference if they win is great, though not unbound. Please feel free to set a good example for the rest of us, Travis County.

As for whether this is another step in a long march towards more liberal candidates and officeholders, I’d say yes, and that we’ve already been on that march for a long time. Ideological sorting is a thing that has been happening for a few decades now. You can see the effect just in recent years – the Democratic waves of 2006 and 2008 included a lot of candidates whose politics included “fiscal responsibility”, support from the NRA, opposition to same-sex marriage, immigration restrictionism, and a host of other views that were very much not shared with the class of 2018. The Democratic Party is a big tent, which means there will always be room for vicious family fights over various issues. Having some number of Never Trumpers inside that tent will just make it all more exciting. It’s fine, and I’d rather be dynamic than stagnant. And every primary and primary runoff, the main emotion many of us will feel will be “thank prime that’s over, now let’s please get on to the general election”. Same as it ever was.

Today is Primary Runoff Day

Last chance to vote for your party’s nominees. From the inbox:

Today, Tuesday, July 14th, is Election Day for the July 2020 Primary Runoff Elections.Voters can cast their ballots anytime between 7 a.m. and 7 p.m. at any of the 109 voting centers throughout Harris County. For the nearest voting location and estimated wait times go to HarrisVotes.com/WaitTimes. A total of 154,313 voters cast their ballots during the ten-day Early Voting period that concluded on Friday, July 10th.

“These are challenging times for all of us, but I want to encourage everyone to exercise their right to vote,” said Harris County Clerk Chris Hollins. “This runoff is a critical part of the election process, because it will determine which candidates go on to represent their parties in the General Election in November.”

To protect voters and election workers from COVID-19, all voting centers have been set up to allow for social distancing.  Poll workers have been provided with personal protective equipment including gloves, face masks, and shields. Sanitizing stations are set up at all polling sites, and voters are being provided with finger covers to use while voting. Additional face masks are available for voters who do not have one. Voters exhibiting symptoms of COVID-19 can vote curbside to avoid entering the polling center.

To cast a ballot, you must be registered to vote and have one of the following forms of ID:

  • Texas Driver License issued by the Texas Department of Public Safety (DPS);
  • Texas Election Identification Certificate (EIC) issued by DPS;
  • Texas Personal Identification Card issued by DPS;
  • Texas License to Carry a Handgun (LTC) issued by DPS;
  • U.S. Military ID Card containing the person’s photograph;
  • U.S. Citizenship Certificate containing the person’s photograph; or
  • U.S. Passport.

Except for the U.S. citizenship certificate, the form of identification you use must be current or have expired no more than four years before being presented at the polls. If you don’t have any of these to use for identification, you can (1) sign a sworn statement explaining why you don’t have those IDs and (2) bring one of the following:

  • Valid voter registration certificate;
  • Certified birth certificate;
  • Current utility bill;
  • Government check;
  • Pay stub or bank statement that includes your name and address; or
  • Copy of or original government document with your name and an address (original required if it contains a photograph).

To expedite your time at the polls, go to HarrisVotes.com to print your personal sample ballot, make your selections, and take it with you when you go vote. If you start the voting process and think you have received the wrong ballot, make sure you let an election official know immediately—before casting your vote.

For more election information, visit HarrisVotes.com and follow @HarrisVotes on Facebook, Twitter, and Instagram.

Also from the inbox, a list of places you can drop off your mail ballot if you didn’t receive it in time to put it in the mail. This is the first time in recent history that there has been more than a single drop-off location in Harris County, as the release says, which is cool. The 11 locations listed there are open 7 to 7, same as the period for voting.

Polling locations can be found here. As a reminder, you can vote at any of these locations. My guess is that the large majority of votes have already been cast for this runoff, so the lines should not be too bad. Do check the wait times at whatever location you’re looking at before heading out, though. And for crying out loud, bring a mask to wear. It’s precisely that mask wearing was not mandated for polling places that has caused some problems in other counties.

A lack of workers willing to run polling sites as Texas continues to report record coronavirus infections is forcing election officials in two major counties to scale back plans for the July 14 primary runoff elections.

Citing a drop-off spurred by fear of the virus, Bexar County, the state’s fourth largest, is expected to close at least eight of its planned 226 voting locations for next Tuesday, according to County Judge Nelson Wolff.

In Tarrant County, the third largest, election officials learned Thursday that the local Republican and Democratic parties had agreed to shutter two of 173 sites planned for election day voting after the parties were unable to find election judges to run the polling places.

Although poll workers are generally being provided with protective gear, Gov. Greg Abbott’s decision to not require voters to wear masks when they show up at polling locations is driving some poll workers away, Wolff said.

“There is protection for them in terms of what they try to do, but anybody can walk in without a mask,” Wolff said Wednesday evening during his daily coronavirus-related briefing. “The governor did not cover elections, and so they don’t want to work. Quite frankly, I don’t blame them.”

For this election, this shouldn’t be such a big deal. There should be plenty of other locations, most people have probably already voted, and turnout is fairly minimal, though it’s been higher than usual for a primary runoff. The fear, and the bigger picture, is what might happen in November. All signs point to record-breaking turnout this fall, and the last thing we’ll need for that is a scramble for poll workers. I appreciate that Greg Abbott extended early voting for this runoff – I think it made a positive difference – and I believe that will be in play for November. But I refuse to accept that anyone who doesn’t have a valid health reason to not wear a mask should have their personal preferences prioritized over the health and safety of poll workers. The mask mandate needs to extend to the polling places. We’re not taking this seriously enough otherwise.

I’ll have results for you tomorrow, and whatever thoughts I can muster afterward. I’ll look at the data when it’s available. Now go vote if you haven’t already.

UT-Tyler/DMN: Biden 48, Trump 43

Holy mackeral.

Former Vice President Joe Biden has built a 5-point lead over President Donald Trump in Texas, as unease over Trump’s handling of coronavirus mounts, a new Dallas Morning News-University of Texas Tyler poll has found.

If the general election were held today, Biden would carry Texas, with 46% of the vote to Trump’s 41%. 14% were undecided or named someone else.

Biden’s lead, which comes after he and Trump were tied 43%-43% in The News and UT-Tyler’s April survey, is significant, if barely: The poll, conducted June 29-July 7, has a margin of error of plus or minus 2.24 percentage points.

The story behind Biden’s slight bulge is the softening of the Republican incumbent’s support among independents and “weak partisans,” said Kenneth Bryant Jr., a UT-Tyler political scientist who helped design the poll. “While President Trump has and still enjoys near universal approval from Republicans, and overwhelming disfavor from Democrats, he has lost considerable ground among the folks in the middle, who may ultimately decide who wins Texas in November,” Bryant said.

Up to now, though, the Biden campaign has done little to demonstrate it’ll make a major effort before the Nov. 3 general election in Texas. The state hasn’t voted for a Democrat in a presidential election since Jimmy Carter carried the state in 1976.

The poll, the fourth of six tracking the 2020 election and current events by The News and the UT-Tyler Center for Public Opinion, also showed some movement, though not enough to be significant, by long-time Dallas state Sen. Royce West in Tuesday’s runoff for the Democratic nomination for U.S. Senate.

Purple Heart winner and political neophyte MJ Hegar of Round Rock, who has a big financial edge as well as late-hour help in the form of a TV ad blitz by the Democratic Senatorial Campaign Committee and EMILY’s List, leads West, 32% to 20%, among Democrats and independents who lean Democratic, the poll found.

Since April, when Hegar led West, 32% to 16%, he’s closed the deficit with Hegar among women and college-educated voters to single digits. For Democratic voters, the poll’s margin of error was plus or minus 3.27 percentage points.

Neither Democrat gained much traction from the April survey as their party’s November standard bearer against three-term GOP incumbent Sen. John Cornyn: If the general election were held today, Cornyn would win a plurality of 37% against Hegar’s 26%, with 31% undecided, the latest poll found. Against West, Cornyn’s plurality would be slightly larger: 37% to West’s 25%, with 32% undecided.

The numbers in the headline of this post are different than the numbers cited in the story because the poll presented two results, one for registered voters and one for likely voters. Among registered voters (sample size 1,909), Biden leads 46-41. Among likely voters (sample size 1,677), it’s Biden 48-43 over Trump, as the headline notes. You can see both listed on the FiveThirtyEight page for Texas, though only the RV sample is given on the UT-Tyler PoliSci homepage.

As noted, in the April poll, Biden and Trump were tied at 43. (They finally have the RV sample for that poll published.) The funny thing is, if you look at the breakdown in each sample, the reason for the shift isn’t quite as pollster Kenneth Bryant puts it. In April, Biden led among Dems 84-6 and among indies 43-28, while Trump led among Republicans 87-5. In June, Biden led among Dems in the RV sample 87-4 and among indies 44-28, while Trump led among Republicans 87-9. In other words, Biden did a smidge better among Dems and Trump slipped a tiny bit among Republicans while indies were static. In the LV sample, however, Biden’s lead among indies jumped to 53-29, while the other numbers were the same. Indies were a bigger portion of the RV sample than the LV sample, so the larger shift was muted a bit by the larger partisan subgroups. My point here is that Biden’s advantage came from a bit of movement in all three subsamples.

As for the Senate race, I wouldn’t put too much stock in the numbers for now, as there are a lot of undecided voters in these samples – 33-34% of Dems in the RV sample, 24% of Republicans, and 41 or 43% of indies, with Hegar being the former numbers. (I went with the RV numbers here instead of the LV numbers because the LV numbers in the Hegar-Cornyn race are messed up.) That said, Cornyn draws more Dem support (13%) than Trump does without giving up more Republican support, so it’s not unreasonable to think Cornyn could run ahead of Trump. It’s too early to say on that score, but we’ll keep an eye on this once we have a single opponent for Cornyn. Hegar’s lead over West among Dem voters is a bit less now, but primary runoff polling is super tricky, so let’s not spend too much time on that, either.

One more number of interest, for the question “If the general election were today, would you vote for the Democratic or Republican candidate for the Texas State House?” – Democratic 52, Republican 48 in the RV sample, 52-47 in the LV sample. This is one point up for Dems and down for Republicans since April. Other polls generally don’t ask this kind of question so it’s hard to evaluate it as is, but there you have it anyway.

Finally, the approval numbers, which I’ll take from the RV sample. General approval:

Trump – 42 approve, 50 disapprove (42% disapprove strongly)
Greg Abbott – 54 approve, 31 disapprove
Dan Patrick – 37 approve, 37 disapprove

“Handling coronavirus” approval:

Trump – 38 approve, 52 disapprove (44% disapprove strongly)
Abbott – 48 approve, 40 disapprove
“Local leaders” (Mayors and County Judges) – 62 approve, 23 disapprove

Still good numbers for Greg Abbott, though softer on coronavirus. Clearly, everyone knows who’s doing the real work, though.

Believe it or not, there’s another poll out there, not quite as good for Biden but still strong. I’ll have that for tomorrow. And the eleven-poll average, using RV numbers from this poll to be consistent, is Trump 46.0, Biden 44.6, for a 1.4 point difference between the two. Pretty amazing, no?

2020 Primary Runoff Early Voting, Final Totals: Democrats carry the day

Today’s going to be a numbers-heavy post. Let’s start with Texas Elects, giving us a penultimate day summary:

Early voting in person ended today (Friday) for the July 14 primary runoff and special elections.

Through yesterday (Thursday), 532K people have voted in the Democratic runoff statewide – 193K by mail and 339K in person – which is already the fourth highest total since 1990. The number of voters will almost certainly eclipse the 2014 total today (Friday) and should easily pass the 2002 total on Election Day. The highest number of Democratic runoff voters since 1990 was in 1994, when 747K people voted in the runoff statewide.

Nearly 349K people have voted in the Republican runoff in those counties and portions of counties with runoff races – 97K by mail and 251K in person. Despite the lack of a statewide race, the number of Republican runoff votes cast is already the fifth highest in state history, trailing only the past four election cycles. Turnout is on pace to eclipse all but the 2014 (1.36M) and 2012 (1.11M) totals.

Statewide Democratic turnout through yesterday was 3.25% of all registered voters, and Republican turnout was 2.13% of all registered voters, not just those in areas with runoff races. Combined turnout for all of 2018 was 5.7%, and it was 4.0% in 2016.

The reference to 2014 is surely a mistake, as there were only 201K votes cast in the Senate runoff between David Alameel and Keisha Rogers that year. There were 434K votes in the 2018 gubernatorial runoff between Andrew White and Lupe Valdez, but 2020 was already past that total as of Thursday. I’ve looked at some other years but am just not sure what that third “highest since 1990” total may be.

I can tell you where we are as of Friday statewide:


Election     Mail      Early      Total   Mail %
================================================
D primary 114,886    886,336  1,001,222    11.5%
R primary  91,415    987,744  1,079,159     8.5%

D runoff  199,657    447,470    647,127    30.9%
R runoff   99,939    311,222    411,161    24.3%

We have now topped the 2002 Senate runoff between Ron Kirk and Victor Morales (620K), and I have no doubt we will blow past the 1994 level on Tuesday. That’s not too shabby. Data on the Secretary of State website only goes back to 1992, so I don’t know what the 1990 primary runoffs looked like, but 1990 was the last year of Democratic statewide dominance in Texas. That’s not a bad harbinger to echo.

How much does any of this mean, though? Erica Greider thinks Republicans should be worried.

“I think we’re seeing the ramifications of having failed Republican leadership, and no one is seeing it more than those of us here in Texas,” said Billy Begala, a spokesman for the Texas Democratic Party.

Begala made his remarks Friday morning, the last day of early voting in advance of Tuesday’s primary runoff elections.

“It didn’t have to be this bad,” he said of the resurgence of COVID-19 in Texas. “It really didn’t.”

[…]

The coronavirus has complicated elections administration. Democratic officials have been urging Texans to vote by mail, if they’re eligible. And Texans who’ve gone to the polls in person have noticed unusual precautions, in most of the state’s major counties. In Harris County, for example, voters have been provided with rubber finger cots and disinfectant wipes as well as the traditional “I voted” stickers.

Still, turnout — which is typically abysmal for runoff elections in Texas — has been higher than expected through the early voting period. As of Thursday, some 900,000 voters had cast ballots across the state, a majority of them in the Democratic primary runoff.

“The key takeaway is that if we’re able to make voters feel safe, and of course be safe, then it’s a very positive experience for them,” Harris County Clerk Chris Hollins said Friday.

The turnout through the early-voting period, he continued, raises the prospect that Harris County will see higher turnout in November than the 60 to 62 percent that’s typical in presidential election years.

“If I were a betting man I’d put money on 65 for sure, and I might take some odds on 70,” Hollins said.

Voter registration, similarly, has continued apace, despite the challenges presented by the pandemic. Since March, nearly 149,000 voters have been added to the rolls in Texas, bringing the statewide electorate to a record 16.4 million people.

I haven’t seen an official number for Harris County voter registration yet – we’ll know it for sure when we get election night returns – but I’ve heard 2.4 million at this time. At 62% turnout, about what we usually get in Presidential years, that’s a bit short of 1.5 million votes in Harris County. 65% is 1.56 million, 70% is approaching 1.7 million. That’s going to be more Democratic votes than it is Republican votes. It’s just a matter of how many.

Still, Republicans should be nervous about surging July turnout given that Democrats don’t have a marquee name on the ballot like former congressman Beto O’Rourke, who excited Democrats nationwide in his near-miss U.S. Senate bid in 2018.

“I don’t know that here in Texas we have one specific candidate or officeholder who is the standard-bearer for the party,” Begala acknowledged.

Perhaps voters are simply fed up with the incumbents, who happen to be Republicans, for the most part.

“I think it’s that when voters look around right now, when Texans look around right now, they see a pandemic, they see horrific racial injustice, they see record unemployment,” said Amanda Sherman, the communications director for Hegar. “Voting is a way for them to do something about it.”

I’m not sure that the high runoff turnout matters that much for November, but it does show that even in the pandemic Dems are turning out. There’s evidence from around the country that relentless Republican efforts to make voting harder have resulted in hardier and more persistent voters, especially Black voters. Maybe we’re seeing some of that here.

What you’re really here for is the final EV report from Harris County. Here it is:


Election     Mail    Early    Total   Mail %
============================================
D primary  22,785  116,748  139,533    16.3%
R primary  22,801   82,108  104,909    21.7%

D runoff   45,176   65,979  111,105    40.7%
R runoff   25,425   17,783   43,208    58.8%

The Friday runoff EV file is here, and the final EV turnout report from March is here. 18,526 Democrats showed up to vote in person on Friday. That’s more than the entire early voting in person population for the Republicans, who didn’t have a statewide race but did have a couple of countywide races. And as noted, Republicans were far more reliant on a rate basis on mail ballots than Dems were, though Dems returned far more mail ballots. You can draw your own conclusions.

I promised you more data about the early voting population, at least through Wednesday. I’m a man of my word, so here’s what I found when I examined age and gender data for the primary runoff.

Among the mail voters, there were 16 people born prior to 1920, with the oldest being born in 1915. Another 10 were born in 1920. In other words, 26 people who are at least 100 years old had voted as of Wednesday.

The daily voter rosters do not include year of birth or gender, only the full March roster does. As such, I only have that data for the people who had also voted in March. Of 41,739 total mail voters who had voted in March, 40,195 are 65 or older. The remaining 1,544 are under 65.

23,373 of the 65 or older mail voters are female, including 15 of the 16 pre-1920-birth voters and eight of the ten born in 1920. 58.1% of mail voters are listed as female. 16,230 are listed as male, for 40.4% of over-65 mail voters.

868 of the 1,544 under-65 mail voters are female (56.2%), 641 are male (41.5%).

(For some voters, the value in the Gender field is null, which may be a data glitch, or may be a stated preference of the voter. Because the number is so small, and because as far as I know there is no other option for this field that is allowed by state law, I suspect this is just a data error.)

I did not extend this to the in person early voters – I promise, I’ll circle back when I get the full voter roster for the runoff. But Keir Murray posted some facts about the voting data through Thursday:

Click over to see the rest of the thread. Keir also notes that the statewide mix of Dem primary runoff voters is more Black than Latino, which is the reverse of what it was in March. Maybe that will boost Royce West in the Senate race, we’ll see. I will have election night returns for you on Wednesday. If you haven’t voted yet, Tuesday is your last chance.

How can you vote if you currently have coronavirus?

There is one way, if it is approved.

Thousands of Harris County voters who recently have tested positive for coronavirus and now are quarantined should be allowed to vote online in the primary runoff election, County Attorney Vince Ryan argued in an emergency court filing Thursday.

The novel voting method has never been used in Harris County, but was permitted for the small-scale North Texas Ebola outbreak in 2014.

If approved by a state district judge, the estimated 10,000 residents who have tested positive for COVID-19 after the July 2 deadline to apply for a mail ballot would be allowed to submit a ballot via email. Forcing infected residents to vote in person would risk “putting thousands of other voters at risk,” Ryan wrote.

“The effect of this is to leave thousands of Harris County voters with a choice: 1, violate their quarantine and risk exposing poll workers and other voters to a deadly virus, or 2, become disenfranchised and lose their constitutional right to vote,” Ryan said. “That is a choice no Texan should be forced to make.”

A hearing [was] scheduled in the 80th District Court for 4 p.m. Friday. Ryan filed the brief on behalf of County Clerk Christopher Hollins.

The Dallas County elections administrator in 2014 obtained a court order allowing residents quarantined by the Ebola outbreak to submit mail ballots via email.

The Texas Election Code also permits counties to receive emailed ballots from some active duty members of the military stationed overseas.

[…]

Ryan said Harris County’s request follows COVID-19 elections guidance issued in April by Secretary of State Ruth Hughs, which said counties may want to consider seeking court orders to expand voting options for quarantined voters. A spokesman for the secretary of state did not immediately respond to a request for comment.

I admit, I did not know that this was a possible option. It makes sense, and in practical terms it’s likely that only a small number of people would actually vote in this fashion. I mean, even with record-breaking turnout in this primary runoff, we’re still going to fall short of ten percent of all registered voters in Harris County. More to the point, given that most of the people who would have voted in this election already have, we’re talking maybe two or three percent turnout among those who have not yet cast a ballot, so maybe 200 or 300 people total. I’d still take the under on that bet. But the principle is solid, and if the law allows for this, then by all means let’s do it. I assume we’ll get a quick ruling on this, I’ll keep my eyes open for confirmation of that and will update this post as needed.

UPDATE: And the answer is no.

A state district judge on Friday denied a request by Harris County Clerk Christopher Hollins to allow thousands of voters who recently tested positive for coronavirus, and now are quarantined, to vote online in the primary runoff election.

The novel voting method never has been used in Harris County, but was permitted for the small-scale North Texas Ebola outbreak in 2014.

Judge Larry Weiman, however, said he shared concerns raised by the Harris County Republican Party that online voting was not secure. Weiman, a Democrat, also said at the emergency telephone hearing that the county clerk had not produced an example of a voter being disenfranchised by exposure to coronavirus.

“The plaintiff hasn’t shown any injured party,” Weiman said.

[…]

The Harris County Republican Party and Texas Attorney General’s office argued against the plan. Assistant Attorney General Anne Mackin said Hollins’ proposal amounted to a “rewrite of the Texas Election Code,” which already provides ill voters a method to vote by mail after missing the application deadline, so long as they are able to physically produce a doctor’s note.

Hollins sought to have that requirement waived in favor of an emailed statement certifying a voter has been exposed to COVID, saying infected residents or members of their household risk infecting county employees by delivering a form to a public building.

“It’s inappropriate to substitute a new process,” Mackin said.

The Election Code permits counties to receive emailed ballots from some active duty members of the military stationed overseas. Attorney and state Rep. Briscoe Cain, R-Baytown, and attorney Kevin Fulton argued on behalf of the Republicans that method requires service members to use secure email addresses which allow elections administrators to verify their identities.

Weiman said he shared these concerns about security. He invited the Texas Legislature to make changes to the Election Code if lawmakers feel they are needed.

It was a nice idea while it lasted, but there would have been issues. The fact that there were no named voters asking for this is a legitimate point. It would have been very nice to be able to test something like this in a low-stakes primary runoff, in case it’s needed in November, but I think we probably do need to have the Lege address some issues first. There are ways to make this process secure, none of which I suspect would have been available now, and the need for a written-on-paper doctor’s note is obviously archaic. If this experience can serve as a template for updating the relevant bits of the election code, it will still have been a useful exercise.

2020 Primary Runoff Early Voting, Second Thursday: In which I get a look at the vote rosters

What’s a vote roster, you say? It’s a detailed list of everyone who voted in a particular election. You can find some recent ones, mostly pertaining to the 2020 elections so far, here. I’ve used the rosters from past elections to do some deeper analysis of our city election voters.

And now I’ve turned that attention to the 2020 primary and primary runoff voters. I started out with an interest in the people who have voted by mail in the runoff, as there are many more of them than there were in March. How had they voted in March? More to the point, how many of them had not voted at all in March? In other words, what was the effect of the County Clerk sending mail ballot applications to every registered voter 65 and older in the county?

Well, I’ll tell you. The following data is for early voting and vote by mail through Wednesday, July 8:

For the Democrats, there have been 41,531 total mail ballots cast in the runoff. Of those,
– 15,895 people voted by mail in the primary
– 7,052 people voted early in person in the primary
– 4,361 people voted on Election Day in the primary
– 14,223 people did not vote in the primary

Also for the Dems, there have been 40,387 early votes in person so far in the runoff. Of those,
– 135 people voted by mail in the primary
– 21,375 people voted early in person in the primary
– 10,210 people voted on Election Day in the primary
– 8,667 people did not vote in the primary

In summary, 27.9% of all Dem runoff voters did not vote in March. And 34.2% of all runoff votes cast by mail came from people who had not voted in March.

How about the Republicans? There have been 23,585 total Republican votes by mail in the runoff. Of those,
– 12,121 people voted by mail in the primary
– 1,500 people voted early in person in the primary
– 816 people voted on Election Day in the primary
– 9,148 did not vote in the primary

Also for the GOP, there have been 11,833 early votes in person so far in the runoff. Of those,
– 130 people voted by mail in the primary
– 7,671 people voted early in person in the primary
– 1,520 people voted on Election Day in the primary
– 2,512 people did not vote in the primary

So, 32.9% of all GOP runoff voters did not vote in March, and 38.8% of all runoff votes cast by mail came from people who had not voted in March. How about that?

I’m working on some more data and will present that over the weekend. In the meantime, here are the updated early vote totals:


Election     Mail    Early    Total   Mail %
============================================
D primary  21,658   82,365  104,023    20.8%
R primary  21,340   65,783   87,123    24.5%

D runoff   43,000   47,389   90,389    47.6%
R runoff   24,724   13,679   38,403    64.3%

The Thursday runoff EV file is here, and the final EV turnout report from March is here. It looks like there had been an error in an earlier days’s reporting, which had shown nearly zero mail ballots received – I think it was the Tuesday report. That has been corrected, which is why there’s such a large increase in today’s mail ballot total. Dems topped 7K in person voters, their highest single day yet, while Republicans have still not seen as many as 2K in person voters. Today should be the busiest day, and voting hours are extended till 10 PM. I’ll have the final wrapup on Sunday.

2020 Primary Runoff Early Voting, Second Wednesday: This is all the vote by mail we’re going to get

I’m going to start this update off with a bummer of a legal analysis from Vox’s Ian Millhiser:

The Texas case, meanwhile, is Texas Democratic Party v. Abbott, and the stakes in that case are simply enormous.

Texas law permits voters over the age of 65 to request absentee ballots without difficulty. But most voters under the age of 65 are not allowed to vote absentee. During a pandemic election, that means that older voters — a demographic that has historically favored Republicans over Democrats — will have a fairly easy time participating in the November election. But younger voters will likely have to risk infection at an in-person polling site if they wish to cast a ballot.

This arrangement is difficult to square with the 26th Amendment, which provides that “the right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.”

The Court’s order in Texas Democratic Party is subtle, but it most likely means that Texas will be able to deny or abridge the right to vote on account of age, at least during the November election.

Last month, the conservative United States Court of Appeals for the Fifth Circuit blocked a trial judge’s order that would have allowed younger Texans to vote absentee. Although this Fifth Circuit order is not the appeals court’s last word on this case, it is quite unlikely that the plaintiffs in Texas Democratic Party will prevail before the Fifth Circuit, which is among the most conservative courts in the country.

So those plaintiffs asked the Supreme Court to hear their case on an expedited basis. On Friday, the Supreme Court denied that request. As a practical matter, writes SCOTUSBlog’s Amy Howe, this refusal to expedite the Texas Democratic Party case “all but eliminated the prospect that the justices will weigh in on the merits of that dispute before the 2020 election in November.”

Thus, even if the Supreme Court ultimately does decide that Texas’s age discrimination violates the 26th Amendment, that decision will almost certainly come too late to benefit anyone in November.

The Supreme Court’s orders in Merrill and Texas Democratic Party fit a pattern. Last April, in Republican National Committee v. Democratic National Committee, the Supreme Court granted a request from the Republican Party, and ordered all ballots mailed after a certain date in Wisconsin’s April elections to be tossed out — a decision that, in practice, likely forced thousands of voters to risk infection in order to cast an in-person ballot.

The Court’s decision in Republican National Committee was also 5-4, with all five Republican justices in the majority and all four Democrats in dissent.

In recent weeks, the Court has handed down a handful of left-leaning decisions — including a narrow decision temporarily preserving the Deferred Action for Childhood Arrivals (DACA) program and an even narrower decision striking down a Louisiana anti-abortion law.

But on the most important question in a democracy — whether citizens are empowered to choose their own leaders — this Supreme Court remains unsympathetic to parties seeking to protect the right to vote, despite the greatest public health crisis in more than a century.

Slate’s Mark Joseph Stern drew similar conclusions. None of this means that these cases won’t get heard on their merits – this one, the other one that directly challenged the 65-and-over provision on 26th amendment grounds, and the lawsuit alleging other obstacles to voting – will get their day in court, and the age discrimination claims will have a decent shot at prevailing. Just, not before this election. It’ll happen eventually, in the fullness of time, because obviously there was no pressing need to address this matter now. Who ever heard of such a thing?

Anyway. Here are the updated early vote totals:


Election     Mail    Early   Total   Mail %
===========================================
D primary  19,400   66,318  85,718    22.6%
R primary  20,393   55,489  75,882    26.9%

D runoff   38,066   40,301  78,367    48.6%
R runoff   23,589   11,795  35,384    66.7%

The Wednesday runoff EV file is here, and the final EV turnout report from March is here. Today happened to be a quiet day for mail ballots on the Dem side, but a new high for in person votes. It’s possible Dems will get to 100K by the end of the EV period. My guess is that a large majority of the vote will be cast early, but we’ll see.

A bullish take on the State House

From Mike Hailey of Capitol Inside:

The wildly unpredictable coronavirus appears to be fueling a massive blue wave that sweeps the Democrats back into power in the Texas House of Representatives with President Donald Trump as their all-time greatest ally.

With the president blowing up a submissive GOP in Texas and beyond, the Democrats are poised to take the Legislature’s lower chamber back as long they stay out of the way of the runaway train called the Trump campaign between now and November.

The Capitol Inside crystal ball foresees a cataclysmic November shaping up for the Republicans who could be on the verge of fumbling away the 38 Texas electoral votes and a U.S. Senate seat as well if Trump doesn’t pull off the biggest comeback in modern American history.

Barring a miraculous economy recovery that’s Trump’s only hope for a successful re-election bid, the tentative forecast here has the Democrats running up the score on the critical state House battlefield this fall with a net gain of at least 15 seats with the potential for more at the rate the Republicans are going now.

While the 2020 election is harder to predict than votes in the past, the current outlook for the Legislature’s lower chamber is a solid blue with a minimum of 82 Democrats and 68 Republicans or less taking the oath in January. The Democrats have a good chance to flip more than a half-dozen congressional districts in Texas with a toxic president leading the charge for the GOP. The minority party will oust GOP State Senator Pete Flores of Pleasanton in a district where he was lucky to win in the first place in a special election in 2018.

After predicting that Democrats would pick up 11 Texas House seats in 2018 when they wrestled a dozen away from the GOP, the crystal ball here sees Republican incumbents and open race candidates with cause for concern in any district where Trump failed to win less than two-thirds of the vote four years ago.

U.S. Senator John Cornyn would have won a new term in a November blowout if he hadn’t wrapped himself in a president who’d sought to portray the worst public health crisis in more than a century as a partisan hoax before ordering the military to attack peaceful protesters for the sake of a campaign photo op.

Cornyn might still have a 50-50 chance of surviving Trump in a development that could help minimize the down-ballot devastation that appears to be on the horizon for the Republicans here.

[…]

Texas Republicans have tried to dismiss the blue wave in 2018 as an offshoot of Democrat Beto O’Rourke’s strong showing as the minority party ticket leader in a battle that he almost won against U.S. Senator Ted Cruz. But the truth is that Trump had dramatically accelerated the conversion of Texas from red to blue with the results at the polls in 2016 and 2018 as obvious evidence of the unprecedented drain that he’s had on the Republicans here.

The Democrats would reclaim the state House with a net gain of nine seats. They could accomplish that simply by winning in every GOP-controlled district that O’Rourke carried two years ago.

Republicans will be running as underdogs in most of 17 House districts where Trump garnered less than 55 percent of the vote in his first White House race. Some of seven GOP candidates in House districts where the president claimed between 55 percent and 60 percent of the 2016 vote are probably going to lose as well.

At the top of the page, there’s a summary that predicts 15 seats picked up by Dems in the House, one seat picked up in the Senate, eight (!) Congressional seats flipped by Dems, and it also rates the US Senate and Railroad Commissioner races as tossups. Heady stuff, to say the least. The Dems are officially targeting something like 22 State House seats, so a net of plus fifteen is conceivable, if quite aggressive. Picking up eight Congressional seats means not only taking all of CDs 10, 21, 22, 23, and 24, but also three out of 02, 03, 06, 25, and 31. That’s way on the high end of my imagination – though I will note it’s right in line with the Rachel Bitecofer model – and I confess I have a hard time wrapping my brain around it. That said, you see bits like this excerpt from the Daily Kos Elections digest, and you wonder:

TX-06: The DCCC’s Targeting and Analytics Department has conducted an in-house poll that gives freshman Republican Rep. Ron Wright a small 45-41 lead over Democrat Stephen Daniel in a race that hasn’t attracted much outside attention. The survey also shows Joe Biden and Donald Trump deadlocked 46-46 here. This seat, which includes Arlington and rural areas south of Dallasbacked Trump 54-42, but last cycle, GOP Sen. Ted Cruz carried it just 51-48. Wright won his first term 53-45 in a contest that featured very little outside spending.

It’s an internal poll, so take it with an appropriate level of salt. But if it’s accurate, if CD06 really is a tossup for Biden, then at the very least those first five seats would all be leaning Dem to some degree, and the other four would be very tight as well. It’s way optimistic, but that doesn’t mean it’s unrealistic. The Texas Signal has more.

2020 Primary Runoff Early Voting, Second Tuesday: A history of Democratic primary runoffs

Yesterday I said that the turnout so far in the 2020 Democratic primary runoff was already historic. Today I’m going to show my work on that. Herewith is the 21st century history of Democratic primary runoff turnout for Harris County:


Year    Turnout  Top race
=========================
2002     64,643    Senate
2006     12,542    Senate
2008      9,670       RRC
2010     15,225  Judicial
2012     29,912    Senate
2014     18,828    Senate
2016     30,334       RRC
2018     57,590  Governor
2020     72,838    Senate

The only primary runoff on the ballot in 2004 was for Constable in Precinct 7. We’ve come a long way, and please don’t forget that. We had just nudged past that 2002 mark as of yesterday, and now we are putting distance between it and this year. I didn’t include mail ballots in this accounting for two reasons. One, they didn’t quantify mail ballots in 2002, and two, this year is way off the charts compared to years prior. 2018 and 2016 are the only reasonable comps, and they both fall well short, with 19,472 mail ballots in 2018 and 11,433 in 2016. We had each of those beat on Day One.

With that, here’s the chart for this year as of today:


Election     Mail    Early   Total   Mail %
===========================================
D primary  18,503   54,325  72,828    25.4%
R primary  19,690   47,271  66,961    29.4%

D runoff   38,026   34,812  72,838    52.2%
R runoff   22,351   10,215  32,566    68.6%

The Tuesday runoff EV file is here, and the final EV turnout report from March is here. Second week Tuesday was the first big turnout day for the primary, and where Dems started separating from Republicans overall. This Tuesday was by a small amount the biggest day so far for Dems, though Monday had a slightly higher in person count. This is undoubtedly where the March turnout begins to exceed the July turnout, but this runoff is now officially leaving all previous primary runoffs in the dust.

A more extensive look at the state polls

As you know, I’ve been computing a poll average for the Presidential race in Texas based on post-primary numbers, meaning that I start with the April 25 UT/Trib result and go from there. As of the June 25 Fox poll, I’ve got Trump leading Biden by the small margin of 46.5 to 44.5, or just two points. There was actually quite a bit of polling done before April 25, but I was paying closer attention to the primary numbers, and didn’t give a whole lot of thought to the horse race that far out. I may have missed a poll or two in there as well.

Fortunately, Texas Elects has been keeping track going back to last November. Here’s what they’ve got, minus the Fox poll, which was their main story in this post, and the two from this week:

Recent Presidential Polls

  • Trump 48, Biden 46 – Public Policy Polling (June)
  • Trump 48, Biden 48 – Public Policy Polling (June)
  • Trump 44, Biden 43 – Quinnipiac Univ. (June)
  • Trump 47, Biden 41 – Emerson (May)
  • Trump 43, Biden 43 – DMN/UT-Tyler (May)
  • Biden 47, Trump 46 – Public Policy Polling (April)
  • Trump 49, Biden 44 – UT/Texas Tribune (April)
  • Trump 45, Biden 44 – DMN/UT-Tyler (March)
  • Trump 46, Biden 43 – Univision/Univ. of Houston (February)
  • Biden 48, Trump 47 – CNN/SSRS (February)
  • Trump 47, Biden 43 – UT/Texas Tribune (February)
  • Trump 44, Biden 42 – DMN/UT-Tyler (February)
  • Trump 51, Biden 46 – Texas Lyceum (January)
  • Trump 48, Biden 47 – CNN/SSRS (December 2019)
  • Trump 45, Biden 39 – DMN/UT-Tyler (November 2019)
  • Trump 46, Biden 39 – UT/Texas Tribune (November 2019)

Links go to our coverage or commentary on the polls.

So we have ten post-primary results, and nine from March or earlier. How do the two compare? Well, crunching the numbers gives me 46.7 for Trump over these nine polls, and 43.4 for Biden, with his two worst results being the two oldest ones. Take those two out and you get Biden at 44.7 over seven polls, putting him exactly two points behind Trump, just a smidge farther back than he is now post-primary.

Now let’s be clear, I’m not making any scientific claims with this data. There’s plenty of professionals out there who can give you a much more nuanced view of the situation, and you should be reading what they have to say. What I am saying is that these numbers have been remarkably stable, with Trump consistently polling below fifty percent. I didn’t start tracking 2016 polls consistently until June that year – to be fair, there were far fewer such polls then, as basically no one thought Texas was in play, especially after the butt-kicking Dems got in 2014 – so I can’t make a good comparison, but it feels like things are fairly steady now. That could certainly change, because Lord knows this year has been a hell of a thing. But the basic story here has been that it’s a close race, and that has been true all along.

2020 Primary Runoff Early Voting, Second Monday: A statewide look

I’m not going to keep track of what day number we’re at now, as it doesn’t really make sense anymore. But what we can do right now is have a look at how each party is doing with mail votes. Here’s a quick comparison to March, with primary data for the entire early voting period, and runoff data through Sunday:


Election     Mail      Early      Total   Mail %
================================================
D primary 114,886    886,336  1,001,222    11.5%
R primary  91,415    987,744  1,079,159     8.5%

D runoff  153,239    155,101    308,340    49.7%
R runoff   81,421    131,142    212,563    38.3%

These are just early voting totals – there were still a bunch of votes cast on Election Day, all of which were of course in person. Dems did quite well with absentee ballots in the primary, which I would attribute largely to efforts in the big counties. About 28K of those Dem mail votes came from Harris, for example.

That was all done without a big push to get people who are eligible to vote by mail to do so. In the runoff, everyone has heard a lot about voting by mail, and everyone has concerns about their own safety voting in person. It’s not a big surprise then that the number of mail ballots has surged, in relative terms for both parties and in absolute terms for Dems; I expect Republicans will surpass their mail total from March as well this week. Other counties are carrying a bigger share of the load for Dems – while Harris made up almost 25% of the total mail ballots for Dems in March, they’re at about 21% so far in the runoff. I don’t have numbers from other counties but my understanding is that over 90% of the Harris mail ballots are coming from the 65 and over crowd, so it’s mostly people taking advantage of something that was already available to them. And good for them, because that’s exactly what they should be doing. I hope that continues right on through the end of the week.

As for where we are now in Harris:


Election     Mail    Early   Total   Mail %
===========================================
D primary  16,651   44,339  60,990    27.3%
R primary  18,949   39,207  58,156    32.6%

D runoff   34,782   29,978  64,760    53.7%
R runoff   21,409    8,691  30,100    71.1%

The Monday runoff EV file is here, and the final EV turnout report from March is here. If you’re thinking “Hey, this looks like higher turnout for a party primary runoff than what we’re used to seeing”, you are correct. I will discuss that in more detail next time.

2020 Primary Runoff Early Voting, Day Five/Six: Apples and Oranges

We are at the end of the first official early voting week for the 2020 primary runoffs. At this point, there have been five actual early voting days, as Friday and Saturday the polls were closed for the Independence Day holiday. At this same point for the March primary, we had had six days of actual voting, with the Monday having been closed for Presidents Day. As such, we are no longer in a position where we can directly compare totals, as the number of days for this point in the calendar is different for each election.

On the other hand, who cares? The slate of elections is very different on each side, with no Presidential race and no statewide Republican races. Indeed, the only countywide Republican races are two judicial contests and Sheriff, none of which are particularly compelling to the average voter. So it’s not at all a surprise that Democrats in Harris, who have a US Senate race on their ballot as well as Railroad Commissioner and three judicial races, are drawing more participants. The comparisons to March are for academic interest, and just as one should be wary about drawing conclusions about November from primary turnout, one should basically banish the thought of such inferences for primary runoffs.

With one exception, I’d say, and that’s due to this:

Most Texans will now have to wear a mask to the grocery store, hair salon and bus stop — but not to the voting booth during ongoing primary runoff elections.

Gov. Greg Abbott’s mask order exempts “any person who is voting, assisting a voter, serving as a poll watcher, or actively administering an election,” but he adds that “wearing a face covering is strongly encouraged.”

The order appears to make Texas the only state in the country that exempts voting from a mask mandate. Twenty-one states require masks statewide, according to Masks4All, a volunteer organization that advocates for more mask-wearing.

[…]

“Issuing the mandatory mask order and encouraging everyone to stay home is the right thing to do right now, considering the mess we’re in,” said Anthony Gutierrez, executive director of the nonprofit Common Cause Texas. “But the right thing to do months ago to avoid this very easily foreseeable mess was to allow all Texans to vote by mail so that no one would now find themselves having to choose between voting and endangering their health.”

Guiterrez added that it’s not too late for the governor to take actions to expand mail-in voting in November.

[…]

One possible explanation for the exemption could be a constitutional concern, said Scott Keller, former Texas Solicitor General and attorney at international law firm Baker Botts. In the same way that masks aren’t required while giving a speech for a broadcast or to an audience or while taking part in a religious service because the constitution protects the right to free speech and religion, a legal argument could be made that forcing voters to wear a mask would be a burden on the right to vote, he said.

“I think the governor’s order is trying to balance the exigencies of the COVID emergency with constitutional rights and also taking very seriously the COVID spike in Texas,” Keller said. “The idea that the order excepting out polling places would be something like voter suppression, I think, is completely off base.”

On the other hand, the executive order says that people are not exempt if they are attending a protest or demonstration involving more than 10 people and not practicing safe social distancing of six feet from others who are not in the same household.

“Trying to think and balance every single possible situation out in the world, that’s just not something that is going to be expected of any official, and the courts don’t expect that of any official,” Keller said, adding that during an emergency, “potentially, government officials are going to have a little more leeway than they otherwise would.”

I feel like maybe we could have gotten a more neutral observer than Scott Keller to comment on this, but whatever. I can see the argument that forcing people to wear a mask would be a burden on the right to vote. It’s just that such an argument would be pretty effing rich from the state that has the most restrictive voter ID law in the country, and is currently fighting tooth and nail to prevent an expansion of voting by mail, which is currently only available to people over 65 and anyone with a “disability” that Ken Paxton is willing to recognize and not attempt to prosecute them for. The state of Texas officially believes that fear of contracting and maybe dying of a highly contagious disease that is currently rampaging basically unchecked throughout our state is insufficient grounds for being sent a mail ballot. I’m not saying that a representative from the state Solicitor General’s office would be necessarily be smited by a lightning bolt from the heavens if he attempted to make an argument that wearing a mask constituted an unlawful burden on voters in court, but it would not strike me as an unjust act if it did happen.

Anyway. Here’s where we stand after the first week of some early voting days, with five more days to go:


Election     Mail    Early   Total   Mail %
===========================================
D primary  15,101   36,712  51,813    29.1%
R primary  16,528   32,630  49,158    33.6%

D runoff   32,309   24,783  57,092    56.6%
R runoff   19,405    7,199  26,604    72.9%

The Sunday runoff EV file is here, and the final EV turnout report from March is here. There are no absentee votes counted during the weekend, so the percentage of absentee votes necessarily falls. It will continue to do so this week as we see more and more in person voters show up. And yet, Republicans remain more dependent on them, in either case.

2020 Primary Runoff Early Voting, Day Four: Driven by Democrats

Early voting took Friday and yesterday off, but resumes today. Here’s where we stand after the first four days:


Election     Mail    Early   Total   Mail %
===========================================
D primary  15,101   25,254  40,355    37.4%
R primary  16,528   24,778  41,306    40.0%

D runoff   32,309   21,536  53,845    60.0%
R runoff   19,405    6,568  25,973    74.7%

The Day Four runoff EV file is here, and the final EV turnout report from March is here. Both Dems and Republicans have been consistent in terms of in person voting, with the daily in person totals for Dems ranging from 5,048 to 5,718 and Republicans from 1,489 to 1,816. Dems do have more and higher profile runoffs, including the US Senate, so don’t draw too much inference from these totals, other than to observe that Dems seem to be willing so far to show up and vote despite the risk. In person voting becomes a larger and larger share of the total vote as we go along and get farther from the day one blob of absentee ballots. Week Two is where the action really starts, and it is highly unlikely Dems will be able to keep pace with March turnout. The comparisons are also going to get a little wonky due to the days off – indeed, the first four days for March were Tuesday through Friday, as Monday had been Presidents’ Day. I may need to fudge things a bit moving forward. However you slice it, while mail ballots have given Dems a boost in July, it’s still the Republicans who depend on them more. Again, make of this what you will.

PPP: Biden 48, Trump 46

And here’s poll number two, which is technically about the Texas Senate race but I’m counting it as a Presidential poll for consistency.

MJ Hegar

Public Policy Polling’s newest Texas survey finds that John Cornyn has basically no profile in Texas. Only 27% of voters have a favorable opinion of him to 34% with an unfavorable one and a 39% plurality don’t have any opinion about him one way or the other. The numbers when it comes to his job approval are similar-29% approve, 33% disapprove, and 38% have no opinion.

Cornyn’s lack of a profile with Texans make him susceptible to the overall political winds in the state, and those are blowing the wrong way for Republicans right now. Only 46% of voters approve of the job Donald Trump is doing to 51% who disapprove, and Joe Biden leads him by 2 points at 48-46.

Cornyn starts out with the lead over likely general election opponent MJ Hegar 42-35. But when you dig into the undecideds (23% of the electorate) for Senate, 59% of them are voting for Biden to only 25% who are voting for Trump. In an era where ticket splitting is less and less of a thing, those people are likely to end up voting the same party for Senate as President. If the undecideds broke that way, Hegar would have the slightest of leads over Cornyn. This is likely to be a highly competitive race.

Our first Hegar-Cornyn poll of 2020 bears a strong resemblance to our first Beto O’Rourke- Ted Cruz poll of 2018. In that poll Cruz lead 45-37, an 8 point lead similar to Cornyn’s starting out point. We pinpointed then that the race might end up close because Cruz had just a 38% favorability rating- and that’s a lot better than the 27% Cornyn starts out with here.

After O’Rourke won the nomination and became better known over the course of the year, he was able to build the race into a tossup. Hegar (who currently has just 34% name recognition) is likely to do the same in the months ahead if she wins the nomination.

PPP surveyed 729 Texas voters on June 24th and 25th on behalf of EMILY’s List. The survey was conducted half by calls to landlines and half by texts to cell phones, and the margin of error is +/-3.6%. Full toplines here.

See here for the other Thursday poll, and here for the poll data. The fact that it was commissioned by Emily’s List answers my question about why they polled MJ Hegar and not also Royce West. This result is pretty consistent with that Fox poll that had Cornyn up on both Dems by ten points, but with a larger share of the “undecided” vote being Dems. If I had to guess, West would probably have done about as well against Cornyn in this poll, as was the case with the Fox poll. It’s clear that the biggest threat to Cornyn is Donald Trump’s sagging fortunes in Texas. The better Biden does, the worse off Cornyn is. Also, too, Trump’s approval rating (46 approve, 51 disapprove) is pretty lousy, and another example of him being stuck at that level in his “vote for” support. Keep keeping an eye on that. Oh, and with these two polls in the books, the average over the ten total polls is Trump 46.3, Biden 44.5, now a bit less than a two-point gap. Carry on.

UT/Trib: Trump 48, Biden 44

We had two Presidential polls drop on Thursday. Here’s the first, I’ll do the second for tomorrow.

President Donald Trump would beat former Vice President Joe Biden in Texas by 4 percentage points if the election were held today, according to a new poll from the University of Texas and the Texas Politics Project.

The Republican incumbent’s narrow lead four months before the election suggests Texas, a state where no Democratic presidential candidate has prevailed since 1976, is competitive in 2020.

The poll found 48% of Texas registered voters support Trump, while 44% support Biden. Partisans are sticking with their nominees at this point, with 91% of Republicans saying they’d vote for Trump and 93% of Democrats supporting Biden. Among self-identified independent voters, Trump holds a 41-27 edge over his challenger.

Men favor Trump, 53-41, while women favor Biden, 48-43. Among white voters, 59% favor Trump, while 79% of Black voters favor Biden. Among Hispanic voters, Biden holds a 46-39 edge.

Republican candidates haven’t lost a presidential race in Texas in four decades. Trump beat Hillary Clinton by 9 percentage points in 2016 in the closest race since Bob Dole beat Bill Clinton here by 4.9 points in 1996. The biggest Texas winners over 40 years were Ronald Reagan (27.5 percentage points in 1984) and George W. Bush, the former Texas governor who won both his 2000 and 2004 contests by margins of more than 21 points.

Voters are split on the job Trump is doing as president, with 46% giving him good marks — a group that includes 85% approval among Republicans. Slightly more, 48%, say they disapprove of the president’s job performance, including 93% of Democrats. In a University of Texas/Texas Tribune Poll a year ago, 52% approved of Trump’s performance while 44% did not.

A high level view of the poll data is here; we don’t get full questions and crosstabs. The UT/Trib poll subsamples are often wonky, so don’t pay too much attention to the Black and Hispanic numbers. The April UT/Trib poll had Trump leading 49-44. Of the eleven (now 12, counting the one for tomorrow) poll results we’ve had since Biden became the Dem nominee, only three have shown Trump leading by more than two points, and two of those three are UT/Trib polls. Trump’s 48% “vote for” number is also higher than his 46% approval number, which is a relatively rare thing for him; I’ve got a post in the works on that but there’s been so damn much news this week I’ve been unable to get to it. Anyway, bottom line is it’s a close race. At this point, that should surprise no one.

Three runoff stories

Just a sample from three high-profile and highly-contested Democratic primary runoff races.

TX-SEN: MJ Hegar versus Royce West

MJ Hegar

No two issues have impacted the Texas primary runoffs like the coronavirus pandemic and the protests surrounding George Floyd’s death, but as early voting begins Monday, the latter is looming especially large at the top of the ticket.

In the Democratic runoff to challenge U.S. Sen. John Cornyn, R-Texas, state Sen. Royce West of Dallas is hoping to harness the energy of the moment to pull past MJ Hegar on her seemingly well-paved road to the nomination. The former Air Force helicopter pilot has the backing of the Democratic Senatorial Campaign Committee, but West is increasingly seeking to train his party’s attention on the opportunity his candidacy represents, especially now.

“Democrats have got to decide whether they want to continue to be a victim of history or make history,” West said in an interview. With his election as Texas’ first Black senator, he added, Democrats can go the latter route.

Sen. Royce West

West said the “stars have aligned” for him in the runoff, playing to his profile as not only a Black man but also a seasoned legislator who has focused on criminal justice reform, authoring a 2015 state law that aimed to expand the use of body cameras by police in Texas, for example. And he has taken heart in recent primaries elsewhere, most notably in Kentucky, in which candidates of color have ridden the momentum of growing calls for racial justice.

To be sure, Hegar, who is white, has also increased her focus on issues of race and policing, and on Monday, she is holding a virtual news conference with the family of Javier Ambler, a Black man who died last year in the custody of Williamson County sheriff’s deputes. West and then Hegar called for the resignation of the sheriff, Robert Chody, after the circumstances of Ambler’s death came to light earlier this month.

Asked in an interview how she stacks up against West when it comes to meeting the moment, Hegar reiterated her tight focus on the general election.

“I think that you know me well enough to know that I’m running against John Cornyn,” she said, reciting her contrasts with Cornyn. She did argue her November-focused bid means she is already running a “coordinated campaign that is lifting up” down-ballot candidates, including candidates of color.

It should be noted that since this story was written, Amy McGrath has pulled ahead of Charles Booker in that Kentucky Senate primary. You can make whatever you want of the parallels, but the state of that race has changed since original publication. I’m mostly interested at this point in the candidates’ finance reports. Hegar has consistently been the better fundraiser – and I continue to be a little perplexed how a 26-year incumbent like Royce West has had such a hard time raising money (*) – though she’s not exactly performing at Beto levels. Still, with a Presidential race at the top of the ticket, just having enough to get her name out there is probably enough. Hegar is closer to achieving that level of resources than West is, and there’s more promise of national money for her at this time.

(*) – Yes, I’m aware of the claims made that the DSCC has pressured donors to avoid West. This story notes that the person who made those claims has not provided the names of any such donors, so color me a bit skeptical. Certainly not out of the question that this could have happened, but right now the evidence is thin.

CD24: Kim Olson versus Candace Valenzuela

Democratic voters in North Texas’ 24th Congressional District next month will select the candidate — retired Air Force Col. Kim Olson or former school board member Candace Valenzuela — they want to challenge Republican Beth Van Duyne in one of the fall’s most highly anticipated congressional contests.

The decision between Olson and Valenzuela is punishing for many Democrats who see both women as capable of beating Van Duyne, the former Irving mayor endorsed by President Donald Trump. The ultimate goal, Democrats sandwiched between Dallas and Fort Worth have said all year, is flipping the seat that has been occupied by Rep. Kenny Marchant for eight terms.

Marchant is one of several Texas Republicans retiring from Congress this year as the state becomes more competitive for Democrats. Marchant easily won his seat 16 years ago but beat his Democratic opponent in 2018 by just three percentage points. Local and national Democrats see the seat as theirs for the taking and a key component of keeping their majority in the U.S. House.

“We all feel like we’ve been in a holding pattern and we’re waiting for the choice to be made,” said Angie Hetisimer, a Tarrant County precinct chair and member of Indivisible Grapevine, which works to help elect progressive candidates. “I think for me and most of the people I talk to, we just want 24 to flip. Luckily we have two fantastic candidates.”

Given there is little light between Olson and Valenzuela on policy — both fluctuate between moderate and progressive on different questions but would be reliable votes for the Democratic agenda in Washington — the election is largely framed as a decision between Olson’s extensive résumé and Valenzuela’s biography. Olson was one of America’s first female fighter pilots. If elected, Valenzuela would be the first Afro-Latina member of Congress.

Olson was the first prominent candidate in this race and has been the bigger fundraiser, but Valenzuela has also done well in that department and has run a strong campaign. This is a top target for the DCCC, and in my view is the second-most flippable seat in Texas, following only CD23. If we can’t win this one, especially against a xenophobe like Van Duyne, it’s a big miss. I’m fine with either candidate, I just hope everyone involved is able to move on and keep their eye on the prize after July 14.

CD10: Mike Siegel versus Pritesh Gandhi

Democrats in one of Texas’ most expansive battleground congressional districts are choosing between a civil rights attorney embracing the party’s most liberal proposals and a doctor who argues those policies are too radical.

Mike Siegel, the 2018 nominee in Texas’ 10th Congressional District, finished first in this year’s March Democratic primary — about 11 percentage points ahead of Pritesh Gandhi, a primary care physician making his first run for office. Siegel came about 6 points short of winning the primary outright, pitting him against Gandhi in a runoff.

The winner will face U.S. Rep. Michael McCaul, R-Austin, who has represented the district since 2005. His political territory stretches from Austin to the Houston suburbs, covering all of five counties and parts of four others.

Beyond the ideological skirmish, the primary is also serving as a case study in whether the coronavirus pandemic will boost political candidates who work in the medical field. The virus has supercharged the public’s interest in health care and led to national TV appearances for Gandhi, but also stripped him of valuable campaign time as he works a grueling schedule that includes swabbing patients for COVID-19 and caring for those who exhibit symptoms.

It also has reinforced Gandhi’s pitch for sending more people to Congress who work in the health care field.

“People, I think, understand the importance of having a diversity of professional experience in Washington. And if that wasn’t clear before, it’s increasingly clear now,” Gandhi said. “I think that people, when they get to the voting booth, are going to want a leader who has experience and a track record in science and in health.”

Siegel was the 2018 candidate and he ran a good campaign, though he fell a bit short in a district that Beto carried by a whisker. Gandhi has been the stronger fundraiser – indeed, both Gandhi and third-place finisher Candace Hutchison outraised Siegel through April – but as with CD24, I expect whoever the nominee is to do just fine in this department. I know more people who are supporting Siegel in this one, and I do tend to lean towards giving a competent candidate who did a good job the first time around another shot at it, but as with the other races here I’m fine with either choice. I’m ready to get to the November part of this campaign.

2020 Primary Runoff Early Voting, Day One: People seem to like this vote by mail thing

Big surprise, am I right?

Harris County voters cast more than 51,000 ballots Monday in the primary runoffs, an eye-popping total that exceeded turnout for entire runoff elections in some recent years.

Combined with a robust in-person turnout, voters had returned more than 43,000 mail ballots by Monday, the first day of early voting. The turnout nearly doubled the number of votes recorded on the first day of early voting in 2016, the most recent presidential election year. It also eclipsed turnout from the 2018 runoffs, when more than 34,000 voters cast ballots on the first day of early voting.

The surge in voting was largely driven by voters in the Democratic primary, who accounted for 63 percent of the early runoff ballots Monday. And it came weeks after interim County Clerk Chris Hollins sent mail ballot applications to every voter who is 65 and older, which he said was aimed at keeping older voters “safe amid the current health crisis by giving them the opportunity to vote from home.”

Even with concerns about a recent local spike in COVID-19 cases, however, in-person turnout outpaced that of recent election cycles as well. A total of 5,334 Democrats and 1,762 Republicans cast ballots at the county’s 57 polling sites Monday. That is up from the 2,963 recorded the first day of early voting in the 2016 primary runoffs and 4,564 during the midterms.

[…]

The uptick in turnout likley stems from a combination of people paying an unusual amount of attention to politics given their extra free time at home during the pandemic, and a heated political moment fueled by the virus and recent upheaval from the death of George Floyd in Minnesota, said Houston political analyst Nancy Sims.

“People are at home and they’re paying more attention. They’re not as active and distracted as they normally would be, so you’re seeing a little more interest,” she said. “And it’s just a much more intense year to pay attention to elections. The combination of the protests and covid have made people tune in and become more aware.”

Hollins’ move to send ballots to the roughly 377,000 Harris County voters who are 65 and older — about 16 percent of the voter roll — also helps explain the surge, Sims said. Demand for absentee ballots has increased as well, with about 122,000 ballot requests for the runoffs, compared to 51,065 such requests for the 2016 primary runoffs and 67,735 for this year’s March primary. About 95 percent of the 122,000 mail ballot requests have come from voters who are 65 and older, according to a spokeswoman for the clerk’s office.

The comparison between the 2020 runoffs and prior elections is skewed by a number of factors. This year, Gov. Greg Abbott delayed the runoff from its original May 26 date until July 14, and doubled the number of early voting days from five to 10.

You can find the Day One early voting report here. As noted, I will generally be a day behind on these, so please bear with me. I’m not sure yet what kind of comparisons I’m going to provide for this, because primary runoff turnout can be so variable and doesn’t really tell you all that much, but I will do this to start off. Here’s a look at the share of the total vote that mail ballots were, in the March primary and now in the runoffs:


Election     Mail    Early   Total   Mail %
===========================================
D primary  11,571    6,819  18,390    62.9%
R primary  12,890    5,411  18,301    70.4%

D runoff   27,015    5,314  32,349    83.5%
R runoff   16,308    1,762  18,070    90.2%

So, in each case Dems have returned more mail ballots – and as the story notes, there are far more mail ballots left for Dems to return – but as a share of total ballots, Republicans are so far much more dependent on them. Make of that what you will. A statement from the Harris County Clerk is here, and the Texas Standard has more.

What should Joe Biden do in Texas?

“Win” would be my preferred answer, but it’s more complicated than that.

No matter how frequently it happens, it’s always a bit startling.

Ever since February 2019, polls have been coming out indicating that former Vice President Joe Biden is competitive with — sometimes even leading — President Donald Trump in Texas. A June 3 poll by Quinnipiac University gave Trump a 1-percentage-point lead in the state. A recent FiveThirtyEight roundup of “key battleground state” polls taken since May 1 shows Trump up by an average of 1.5 points here.

And every time a survey is released, the same questions arise: Is 2020 the year deep red Texas flips to the Democrats? Is Republican U.S. Sen. John Cornyn in trouble as well?

But for many in politics, the consideration is slightly different: The state is clearly more competitive. But even if Biden can compete here, how seriously will he choose to?

The answer to that question is more complicated. For Biden and his allied groups, making a run for Texas is no simple task and there are strategic considerations beyond looking at the polls. The most immediate objectives for national Democrats in 2020 are to recapture the White House and Senate majority. And Texas is far from necessary for either.

Recent polls have suggested Biden might hold an even stronger position in other states that Trump won in 2016 — Michigan, Wisconsin, Pennsylvania, Arizona, Florida, North Carolina, Ohio and even Georgia. And because of its vast size, numerous media markets and massive population, Texas is more expensive to compete in. The paths to victory for Biden are so great in number, it’s hard for many political operatives to imagine a scenario where Texas would flip where it would be anything other than icing on the cake in a much broader national victory.

In other words, the cost of seriously trying to win Texas would almost certainly be high, while there’s a decent chance that the reward would ultimately prove inconsequential.

Below the surface, however, the presidential race in Texas still matters — an underperformance by Trump compared to recent history has the potential to reset Texas politics for the next decade. The central question in the political class every time one of these polls is released five months out from Election Day is: What kind of down-ballot damage could Republicans potentially suffer if Biden has coattails?

You know the polling situation; as of the most recent poll, where Biden led Trump by one point, Trump led in Texas by an average of 2.0 points. That’s a smidge less than the Ted Cruz margin of victory over Beto in 2018, and as disappointed as we all were with that result, we saw the effect downballot. I for one would not mind an encore of that kind of performance. What it all comes down to is two competing factors from Biden’s perspective. One is that he doesn’t need to win Texas to take the Presidency. If Texas is truly winnable for him, then he’s pretty much assured to have enough electoral votes to have won. I mean, if Texas is flipping, then surely Arizona and Florida and North Carolina and maybe even Georgia have gone blue, and the rout is on. Texas is an insanely expensive state to compete in, with something like 27 media markets for ad buys. The bang for your buck is much bigger in the old faithfuls like Pennsylvania and Wisconsin. Boring, but no one wants to take anything for granted.

On the other hand, that same downballot effect is a real thing for Biden to consider. There’s a Senate race here, which is likely going to be roughly as competitive as the Presidential race is. It sure would be nice to have another Dem in the Senate, and that makes Texas a twofer for Biden, which isn’t true for Florida or Pennsylvania or Wisconsin. (North Carolina and Arizona and Georgia and Iowa, on the other hand…) Plus, there are multiple Congressional seats available for pickup, one of which offers the chance to defenestrate Ted Cruz minion Chip Roy. Even the battle for the Texas State House is important, as that would give the Dems some leverage in drawing the next Congressional map. One would hope that Joe Biden learned the lesson of 2010 well enough to consider the advantage of flipping the State House here.

So of course I want Biden to compete here, as seriously as possible. I want Dems to win as many races as possible, and I can’t think of anything that would be a bigger psychological blow to the Republicans, both nationally and here, than seeing Texas go Democratic in a Presidential election. It would sure be a hell of a momentum boost headed into 2022, which for us is an even bigger election. (Another advantage for Biden: The possibility of throwing out the single biggest cause of ridiculous anti-Democratic lawsuits, AG Ken Paxton.) If he has to raise more money to afford it, then get on that. I understand the cost/benefit analysis, but I’m not going to claim to be impartial here. You have a real shot here, Joe Biden. Don’t throw it away.

Ready or not, here we vote

Hope it goes all right.

Poll workers [began] greeting voters from behind face masks and shields as early voting begins in primary runoffs that will look and operate differently from any Texas election in the past 100 years. Although the first statewide election during the pandemic is expected to be a low-turnout affair — primary runoffs usually see single-digit turnout — the contest is widely regarded as a high-stakes dry run for the November general election, when at least half of the state’s more than 16 million registered voters are expected to participate.

More than 30 runoffs are ongoing for party nominations to congressional, legislative and local offices. The most prominent race is the statewide Democratic contest to see who will challenge incumbent John Cornyn for U.S. Senate.

But the shot at working through a new set of considerations — and challenges — for running a safe and efficient election could be complicated by its timing. The runoff was postponed from May and takes place as the state’s tenuous grip on controlling the coronavirus outbreak unravels into record-high daily infection and hospitalization rates.

“We’re saying our prayers,” Jacque Callanen, the Bexar County elections administrator, said last week. “With this spike in the numbers, I’m praying our good ol’ election officials are going to hang in there with us.”

Like other administrators, Callanen worked to complete a census of the county’s regular fleet of election judges and workers, who tend to be older and at higher risk for complications from the coronavirus. She saw little drop-off, with most willing to work the election.

That was before the effects of Gov. Greg Abbott’s reopening of businesses and dismantling of local health restrictions were fully felt, and the county was reporting 30 or 50 new daily cases of people infected with the virus. In recent weeks, that number has skyrocketed to hundreds of new cases a day. If her prayers fail, Callanen has a set of backup county workers ready to step in.

[…]

Texans voting in person will be met with many of the precautions that have become customary at businesses and grocery stores, including 6-foot distance markers and plastic shields at check-in stations. Poll workers will be offering masks and hand sanitizer. At least one county is advising voters to bring umbrellas to shield them from the hot Texas sun while they wait.

But many regular polling sites will have far fewer voting booths — and probably lines out the door — or will be shuttered altogether as officials try to minimize breaches of social distancing.

Collin County election officials typically set up 20 to 25 voting machines at their main polling place in their office building, but they will only be able to fit eight machines 6 feet apart. It likely won’t be a problem for the runoff, but the county will have to be “as creative as possible” for November, said Bruce Sherbet, the county’s election administrator.

“All the things we’re doing for this will really be problematic for November,” Sherbet said. “It’s a tall challenge.”

In a possible bellwether for electoral troubles in November, some counties have lost polling places unwilling to host voters during the pandemic. In Williamson County, officials were informed last week that one of its busiest sites — a community center that primarily caters to older voters — was scrapping plans to reopen for voting. In Bexar County, Callanen had to pull the county courthouse — a longtime voting site — and several school sites off her list of polling places. In Travis County, officials ditched regular voting sites at nursing homes, grocery stores and Austin Community College.

Abbott’s postponement of election day from May 26 to July 14 granted election administrators more time to set up public health precautions. But with the runoff election moving forward at what is arguably the state’s worst point in the pandemic so far, poll workers will be forced to navigate keeping voters safe while safeguarding their right to vote.

In Chambers County, a smaller county east of Houston, County Clerk Heather Hawthorne was waiting on guidance from the Texas secretary of state’s office after the local public health authority asked if poll workers can direct masked voters and those not wearing masks to separate voting machines.

“Everybody is just trying to help figure out, as our Texas numbers grow, what we’re going to do to provide safe voting locations,” Hawthorne said.

See here and here for the background. Postponing the May election was the right call, based on conditions and what we knew at the time. The fact that Greg Abbott screwed up after that and left us in a more dangerous position now is a separate matter. For this election, which ought to be fairly low turnout, my strategy is going to be voting either early in the morning – like, right at 7 AM if my work calendar is open – or maybe between 9 and 10, when I figure the morning commuters are done and the lunch crowd hasn’t started to shuffle in. At least we’ll learn from this experience in a lower-stakes environment. And who knows, maybe something will go sufficiently wrong in a Republican runoff that state leadership will be forced to reckon with the problem in a broader sense than just mindlessly clinging to the idea that it’s sinful for anyone under the age of 65 to cast a mail ballot. Because let’s be clear, letting more people vote by mail, and being prepared for more people voting by mail, is the best answer here.

Here’s the perspective from Travis County, where turnout is likely to be higher than other places due to the SD14 special election.

Travis County Clerk Dana DeBeauvoir reports that a huge crush of mail voting requests by those 65 and older, who are automatically eligible to receive mail-in ballots, could foretell an exceptional turnout by runoff standards, and she promises that in-person voting in this novel circumstance is being conducted with extraordinary attention to public health.

“I don’t think we should be voting in person at all, quite frankly, in the middle of a pandemic,” DeBeauvoir, who would have preferred universal vote-by-mail under the circumstance, told the American-Statesman late last week. “Which is why we’re taking all of these extra precautions to try and make voting in person as safe as humanly possible.”

While the pandemic might logically be expected to depress turnout, DeBeauvoir said that in Travis County, the reverse may be the case.

While turnout for runoffs generally runs in single-digits, DeBeauvoir said this time, “it just might get as high as 30%.”

[…]

Ordinarily, she said, her office would get 1,000 to 2,000 requests for mail-in ballots for a runoff.

But by Friday, she said, “the levels of by-mail ballot requests we are getting are rivaling presidential levels. The most by-mail requests I’ve ever had for a presidential was 31,000. We already have more than 28,000 in house.”

Of those, she said, 85% are from those 65 and older, and another 12% are those with a disability, the other category that is automatically eligible to vote by mail.

But DeBeauvoir said that an estimated quarter of Travis County voters have disabilities, and that, despite the Texas Supreme Court decision that fear of the coronavirus alone was not sufficient reason to seek a disability ballot, that ruling also made clear that “a voter, using their own health history, can make a determination about their risk of injury to their health if they show up inside a public place.”

If so, they can check the “disability” box on the vote-by-mail request, and return it to her office, no questions asked, because, she said, election administrators do not and, under law, cannot check disability claims.

There is still time for any Travis County voter seeking a mail-in ballot to download the application from the clerk’s website, fill it out, check the appropriate box, sign it and return it to her office as long as it received by Thursday.

Attorney General Ken Paxton has issued warnings that anyone who advises voters that they can vote by mail simply out of fear of COVID-19 can be subject to criminal sanctions.

“Certainly there’s been an effort to make it seem very confusing. It is not confusing at all,” DeBeauvoir said.

“That’s why I am using very carefully picked language,” she said. “That’s why we have decided a voter, using their own health history, can make a determination about their risk of injury to their health if they show up inside a public place.”

If you haven’t and still want to, you can go here to apply for a mail ballot in Harris County – the deadline to submit is the same, this Thursday. Note that if you make an electronic application you must follow it up within four business days with a snail mail application, so don’t skip that part. It will be fascinating, and quite possible horrifying, to see if Ken Paxton targets some mail users for the purpose of making an example of them. The past history of election fraud prosecutions, which this Star-Telegram story catalogs nicely, is one part about persecuting people of color, and one part about loudly trumpeting initial arrests or investigations that eventually end very quietly in dropped charges, dismissals, acquittals, or plea bargains to minor misdemeanors. I won’t be surprised if we get something like that this year.

I will of course be posting early vote totals, but I’ll probably be a day behind, since I expect the results will come in sufficiently late to make it inconvenient for me to be up to date the following morning. Turnout expectations should be kept modest, but with the Senate race and several Congressional races it won’t be a total snoozefest. If Dems can get to 500K, that would be a record for them.

Runoff reminder: Judicial races

Previously: Statewide, Congress, SBOE and State Senate, State House, county races.

Let’s begin with this, because if you only vote in one judicial primary runoff, this is the one to vote in.

An incumbent judge who is under indictment and is battling for her bench maintains that her 12 years of judicial experience better qualify her in the race. But her challenger claims that someone needs to restore integrity and ethics to Harris County’s 164th Civil District Court.

Judge Alexandra Smoots-Thomas and Cheryl Elliott Thornton are the two candidates in the Democratic Primary runoff race for the Houston-based court. Whoever wins will face Republican candidate Michael Landrum in the November election.

Thornton claimed that because her 33 years practicing law has earned her the respect of colleagues, that both public officials and sitting judges asked her to run for the 164th District Court.

“Harris County needs someone whose ethics are not questioned and who is ready and who is able to serve, both legally and through her qualifications, as the next judge,” Thornton said. “What differentiates me from my opponent is not just the respect that people have for me, it’s also my integrity and my ability to let others be heard.”

Smoots-Thomas was suspended in November 2019 from her court by the Texas Commission on Judicial Conduct after federal authorities charged her with seven counts of wire fraud. Claiming this is a political prosecution, she’s pleaded not guilty in the case, which alleged she embezzled over $26,000 in campaign contributions and used them for personal expenses like her mortgage and private school tuition for her children.

Smoots-Thomas said that she’s presided over the 164th District Court for 12 years and in that time she’s handled more than 200 jury trials and countless bench trials. She wrote that after Hurricane Harvey damaged Harris County’s courthouse, she used her chambers as a courtroom space so she could keep up her court’s efficiency and allow litigants their day in court. During the COVID-19 pandemic, she’s helped groups distribute masks and personal protective equipment around the county, she wrote.

“Throughout my years on the bench, I have been given several awards from various groups honoring my service and commitment to the legal community and larger Harris County community,” she wrote. “In short, I believe in and strive to exemplify judicial experience, efficiency, and adaptability.”

It’s possible that this is a politically motivated prosecution against Smoots-Thomas. I can’t prove that it isn’t, and if it is there’s no way to restore equity to Judge Smoots-Thomas. But I can’t take the chance. I’ve known Judge Smoots-Thomas since she was first a candidate in 2008. I like her personally. We’re friends on Facebook. I sincerely hope she beats these charges. I can’t vote for her with them hanging over her. I will be voting for Cheryl Elliott Thornton. I will note that Stace disagrees with me on this one. I also note from the Erik Manning spreadsheet that third-place finisher Grant Harvey was the Chron endorsee in March, so I presume we will see them revisit this one.

There’s one other District Court runoff in Harris County, for the open 339th Criminal Court, featuring Te’iva Bell and Candance White. Bell took nearly all of the organizational endorsements and was endorsed by the Chron as well.

The other judicial race on the ballot in Harris County is for the 14th Court of Appeals, Place 7, Tamika Craft versus Cheri Thomas. That’s another one for the Chron to redo, since they went with Wally Kronzer in round one.

The judicial Q&As that I received from these candidates: Cheri Thomas, Tamika Craft, Cheryl Elliott Thornton. You can watch Thomas, Thornton, Smoots-Thomas, and Bell participate in a judicial candidate forum with Civil Court Judge and all-around mensch Mike Engelhart on the estimable 2020 Democratic Candidates Debate Facebook page. Texas Lawyer covers Bell versus White here and Craft versus Thomas here.

Finally, there is one judicial primary runoff in Fort Bend, for the 505th Family Court, between Kali Morgan (44.6%) and Surendran Pattel (30.3%). I don’t have any information about them, but the Texas Lawyer profile of their runoff is here.

And with that, we bring this series to an end. Hope it was useful to you. Get out there and vote, in as safe and socially-distant a manner as you can.

UPDATE: Today the Chron endorsed in the judicial runoffs, recommending Cheri Thomas and Cheryl Elliott Thornton, and re-endorsing Te’iva Bell.

Early voting for primary runoffs starts tomorrow

Remember the runoffs? It’s time we settle who our nominees are.

Who can vote in the runoffs?

Texas has open primaries, meaning you don’t have to be a registered member of either party to cast a ballot in a primary runoff. You can check your voter registration status here. But you can only vote in one party’s primary, and which one might depend on how you voted in the first round of the primaries in March. People who voted in the March 3 primary are only able to vote in that same party’s runoff election, as they have affiliated themselves with that given party for that calendar year. Those who did not participate in the March primary are able to vote in either primary runoff election.

What’s different this year?

The primaries were originally scheduled for May, but Abbott delayed them until July because of the coronavirus. Abbott also doubled the length of the early voting period for the July primary runoff elections in a move to aimed at easing crowds at the polls during the pandemic. Early voting runs from Monday through July 10.

“It is necessary to increase the number of days in which polling locations will be open during the early voting period, such that election officials can implement appropriate social distancing and safe hygiene practices,” Abbott wrote in a May proclamation.

For Harris County, the early voting map of locations with wait times is here. Please take advantage of a less-busy location if you can. The traditional PDF with the map and hours is here. Please note the new and changed locations. Please also note that there is no voting on Friday, July 3 and Saturday, July 4, due to the holiday. Voting hours are extended on Sunday, July 5 (10 to 7, instead of the usual 1 to 6) and on the last day, Friday, July 10 (7 AM to 10 PM). All other days are 7 AM to 7 PM. We should be able to get in and out safely, and you will need to bring a mask. See here for the Harris County Clerk’s SAFE principles.

My Runoff Reminder series will remind you who’s running: Statewide, Congress, SBOE and State Senate, State House, select county races, and select judicial races. Links to interviews and Q&As are in there as well.

The Chron re-ran a bunch of its endorsements on Friday:

Mike Siegel, CD10
Chrysta Castañeda, Railroad Commissioner
Michelle Palmer, SBOE6
Akilah Bacy, HD138
Rep. Harold Dutton, HD142
Rep. Anna Eastman, HD148

They had endorsed Royce West for Senate in March, and they reran that endorsement on Saturday. (UPDATE: They reran their endorsement of Michael Moore for Commissioners Court, Precinct 3, this morning.)

Also on the ballot for this election: the special election in SD14 to succeed Kirk Watson. I have interviews with the two candidates of interest, Rep. Eddie Rodriguez, and former Travis County Judge Sarah Eckhardt. Please give them a listen if you live in this district. I expect this will go to a runoff, which I hope will not need to endure a delay like the May elections did.

All the elections for July 14 are important, but just as important is that this will serve in many ways as a dry run for November, both in terms of handling a higher volume of mail ballots and also in terms of making the in person voting process as safe as it can be in this pandemic. I was on a conference call a week or so ago with a national group, the Voter Protection Corps, which presented a report for policymakers with concrete steps to protect in-person voting and meet the equal access to voting requirements enshrined in federal law and the U.S. Constitution. Harris County Clerk Chris Hollins was one of the presenters in that call. You can see a summary of the call with highlights from the report here. I will be voting in person for this election, but however you do it please take the steps you need to in order to be safe.

Fox: Biden 45, Trump 44

Man, if we keep getting polls that show Joe Biden leading in Texas, we just might have to rethink where this state is politically.

Texas is a tossup, as Democrat Joe Biden tops President Donald Trump by a percentage point, 45-44 percent, in a new Fox News survey of Texas registered voters.

Ten percent are up for grabs, and this small subgroup of voters is more likely to disapprove than approve of Trump’s job performance by 52-34 percent.

The good news for Trump: he bests Biden by 51-45 percent among those “extremely” motivated to vote in the election.

Trump corralled the Lone Star State by 9 points in 2016 (52 percent vs. Hillary Clinton’s 43 percent), and it has been in the Republican column in every presidential election since 1980.

Texas voters trust Trump over Biden on the economy (by 14 points) and immigration (+4), while they think Biden would do a better job on race relations (+10 points) and coronavirus (+3).

There’s a 24-point gender gap on the head-to-head matchup, as men pick Trump by 12 points and women go for Biden by 12.

Trump is preferred by Baby Boomers (+12 points) and Gen Xers (+7), while Millennials go big for Biden (+29).

[…]

Republican Sen. John Cornyn leads both of his potential Democratic candidates in hypothetical matchups, although he garners less than the 62 percent he received in his 2014 reelection.

MJ Hegar and Royce West were the top two finishers in the March 3 Democratic primary. Neither received a majority of the vote so there is a July 14 runoff.

The three-term incumbent leads both Hegar and West by a 10-point margin. About one in six voters is undecided/uncommitted in each matchup.

You can see the full poll data here. Yes, I know, Fox News, but their Presidential polls are well-regarded, with an A- rating on FiveThirtyEight. This is now the fourth poll out of eight since the March primary in which Biden has been tied (two results) or in the lead (two results), which is not too shabby. In the four polls where Biden has trailed, he’s trailed by one, two, five, and six. The polling average now stands at 46.5 for Trump to 44.5 for Biden. I know every time I see G. Elliott Morris or Nate Cohn or Nate Silver post something on Twitter about how well Biden is polling right now, someone always comes along with a (not accurate) claim about how Hillary Clinton was polling just as well at this point in 2016. Well, you can see the poll results I have from 2016 on my sidebar. Hillary Clinton was not polling this well in Texas in 2016, not in June, not at any point.

As for the Senate race, the main difference between how John Cornyn is doing against MJ Hegar and Royce West and how Trump is doing against Biden is that Hegar and West do not have quite the same level of Democratic support as Biden does. Cornyn gets 86% of Republican support versus each candidate (the crosstabs break it down by gender as well as party), which is right there with Trump’s 87-88%, but Hegar (80% Dem men, 74% Dem women) and West (85% Dem men, 75% Dem women) lag well behind Biden, who is at 91-92%. Most of the undecided vote in the Senate race is Democratic, which strongly suggests both Hegar and West are doing a bit better than this poll suggests. I’d expect whoever wins the runoff to get a boost, and we’ll start to see poll numbers in the Senate race more closely match the Presidential race. It won’t surprise me if Cornyn outperforms Trump by a bit. Which is to say, it won’t surprise me if there are still a few Republicans who don’t vote for Trump but do generally vote R otherwise. My takeaway from the 2018 election is that most of those Republicans went much more Democratic in the midterm, and I expect the same this year. There’s still a bit of softness on the GOP side for Trump, and who knows, if things continue to deteriorate we could see more of that. I’m sure there will be plenty more polls between now and November to support or refute that hypothesis.

PPP/PT: Trump 48, Biden 46

Time for another poll.

Today, Progress Texas released statewide Texas voter poll results, showing Democrats are within striking distance in both the Presidential and U.S. Senate races in Texas.

What does this mean? Texas voters are fed up with Texas Republicans’ lack of action on the COVID-19 health care crisis, mass unemployment, and systemic racism that communities face every day. Now is the time to organize, continue to rally for change, and vote.

Key takeaways

Joe Biden comes within 2 points of Donald Trump with 46%.

In the poll, Texas voters were asked who they would vote for in the Presidential race this fall. Joe Biden came within the margin of error against Donald Trump with 46/48, respectively. A small percentage of voters (6%) were unsure.

45% of Texas voters would vote for the Democratic candidate in the U.S. Senate election.

The generic ballot for the U.S. Senate race (if a Texas voter were to vote today) is Republican 47% and Democratic 45%, also within the poll’s margin of error, and supports previous polls showing that a majority of Texans either don’t know or don’t like Republican John Cornyn.

As an additional frame of reference, then-Senate candidate Beto O’Rourke was polling 5 points behind in June of 2018 and went on to lose by 2 points. Texas Democrats are currently ahead of their 2018 pace.

Only 48% of Texas voters approve of Donald Trump’s job performance.

Donald Trump’s approval/disapproval rating amongst polled Texas voters is 48/46. Nationally, a slim percentage of Americans approve of Trump amidst his responses to the COVID-19 pandemic. His approval nationally now stands at 41%, similar to the 39% approval rating he received the last time the question was asked in a poll two weeks ago.

Poll data is here. There was a different PPP poll done less than three weeks ago for the TDP, which had the race tied at 48. These results aren’t all that different, and the polling average now stands at Trump 46.9 to Biden 44.4, with seven polls counted. The approval number is also of interest, and I have a separate post in the works to discuss that aspect of the polls we have so far.

As for the Senate numbers, it’s just a generic R versus D result. Nice to see a generic D get polled at 45%, but I would not make any direct comparisons to 2018 polling at this time. When we have a nominee and can do “Cornyn versus MJ” or “Cornyn versus Royce” questions, then we can see how they stack up to Beto and Ted.

The county races in which the precinct chairs get to pick the nominees

There are two Harris County races on the ballot this year – one that was always going to be there, and one that was unexpected – in which Democratic precinct chairs will have the task of picking the nominees. As you know, that group includes me, and we’ll be doing it on August 15, shortly before the deadline to finalize the ballot. Let me tell you what I now know about the people who have expressed interest in these races.

Teneshia Hudspeth

First up is Harris County Clerk, the race we didn’t expect to have on our ballot this year. As you know, Diane Trautman resigned in May for health reasons, and Chris Hollins was sworn in as an interim Clerk after being appointed by Commissioners Court. Trautman’s term ends in 2022, however, so someone will have to run in November to complete her term, and Hollins will not be running for the job. Two people so far have emerged for the position. One is Gayle Mitchell, who lost in the 2014 primary to Ann Harris Bennett for the County Clerk nomination. I saw her post about this on Facebook, but can’t find that post any more. She’s a nice lady – you can listen to the interview I did with her here – but I don’t have much more to say about her. I’ve not seen or heard anything from her since the 2014 primary.

On Monday this week, Jasper Scherer wrote on Twitter that Teneshia Hudspeth, the current chief deputy clerk, has announced her intention to run for the position; Marc Campos had previously noted that she had filed a designation of Treasurer. You can see her press release, sent on Tuesday, here. Hudspeth immediately drew support from Sen. Borris Miles, Council Member Tiffany Thomas, and apparently former Clerk Trautman, if I’m reading her press release correctly. I can imagine one or two people who could jump into this race that I’d have to seriously consider, but barring that possibility I fully expect to support Teneshia’s nomination. She’ll do a great job.

(UPDATE: Trautman has since sent out an email, which I received, endorsing Teneshia Hudpseth’s candidacy.)

The other race is for HCDE Trustee At Large, Position 7, the one where Andrea Duhon, who was appointed to fill out Josh Flynn’s term in Position 4 but was already on the ballot there, won outright in March. Despite my belief that she could not withdraw from the November race, apparently she could because here we are picking a replacement nominee. (See, this is why I always remind you that I Am Not A Lawyer.) I am aware of four people competing for this slot:

David Brown and Obes Nwabara, who also ran in the March primary and finished behind Duhon.

Sonja Marrett, whose candidacy was noted to me by Andrea Duhon, who has endorsed her.

Jose Rivera, husband of former Justice of the Peace candidate Tanya Makany-Rivera, about whom Stace wrote on Monday.

I had a chance to talk to Rivera over the weekend. I’m pretty sure I had a brief conversation with David Brown during the primary campaign, but that was eight million years ago, so who can remember. I do not believe I have spoken to Nwabara yet, and I do know that I have not spoken to Marrett. I do not at this time have a preferred candidate for this position. Honestly, they all look well-qualified.

I will probably do an interview with Teneshia Hudspeth after the runoff. I don’t know that I’ll have time to talk to the four HCDE candidates, but I may write up a Q&A for them. If you have any insight as to these folks, I’ll be glad to hear it. And now you know everything I know about these two races.

Runoff reminder: County races

Previously: Statewide, Congress, SBOE and State Senate, State House.

There were a ton of contested county race primaries in Harris County, with all of the countywide offices except one HCDE position featuring at least three candidates. When the dust settled, however, there wree only a few races still ongoing, with one on Commissioners Court and one Constable race being the ones of greatest interest. Fort Bend County saw a lot of action as well, with two countywide races plus one Commissioners Court race going into overtime. Here’s a review of the races of interest.

Harris County – Commissioners Court, Precinct 3

This is the open seat left by long-tenured Steve Radack, which has always been a Republican stronghold but which has trended Democratic in recent years. Beto of course carried Precinct 3, by four points, after Hillary Clinton came close to winning it in 2016. Other statewide candidates (Mike Collier, Justin Nelson, Kim Olson) also won Precinct 3, though the Democratic countywide candidates from 2018 all fell short. It’s there for the taking, but it can’t be taken for granted. The top candidates to emerge from the large field of Democratic hopefuls were Diana Martinez Alexander and Michael Moore. Moore was the bigger fundraiser as of January – we’ll see soon how the current finance period has gone; Alexander’s January filing came in later, after I had published that post. Alexander is a grassroots favorite who has been super busy on Facebook, while Moore has the endorsements of incumbent Commissioners Adrian Garcia and Rodney Ellis, as well as the endorsement of the Chronicle. You can see other Democratic group endorsements on the invaluable Erik Manning spreadsheet. They participated in the first 2020 Democratic Candidates Facebook Debates here. My interview with Diana Alexander is here, and my interview with Michael Moore is here.

Harris County – Constable, Precinct 2

This is the race with the problematic incumbent and Not That Jerry Garcia. The thing you need to know is that in the end, the incumbent, Chris Diaz, was forced into a runoff against the good Jerry Garcia, who was listed on the primary ballot as “Jerry Garca (Harris County Lieutenant)”. Garcia led the way with 39% to Diaz’s 33%. If you live in Constable Precinct 2, please vote for Jerry Garcia in the runoff.

Harris County – Other runoffs

Justice of the Peace, Precinct 5, Place 1: Israel Garcia (48.1%) versus Roel Garcia (30.5%)

Constable, Precinct 3: Sherman Eagleton (incumbent, 47.5%) versus Ken Jones (16.1%)

Constable, Precinct 5: Randy Newman, who doesn’t appear to have a Facebook page (43.4%) versus Mark Alan Harrison (34.3%).

I confess, I know little about these race. Look at the Erik Manning spreadsheet to see who got what endorsements. Based on available information, I’d lean towards Eagleton, Israel Garcia, and Harrison, but please do your own research as well.

Those of you with keen eyes may have noticed there are two other unsettled Harris County races to discuss. Both of these will be decided by the precinct chairs in August. I’ll discuss them in a separate post.

Fort Bend County

County Attorney: Bridgette Smith-Lawson (45.2%) versus Sonia Rash (37.8%)
Sheriff: Geneane Hughes (35.2%) versus Eric Fagan (35.1%)
Commissioners Court, Precinct 1: Jennifer Cantu (41.8%) versus Lynette Reddix (25.6%)

The Sheriff candidates are seeking to replace incumbent Troy Nehls, currently in a nasty runoff for CD22. Nehls has not resigned from his position for reasons unknown to me. I presume he’ll do so if he clinches that nomination, but who knows what he’ll do if he doesn’t. Nehls is awful, either of these candidates would be a big upgrade. County Attorney (and also Tax Assessor) is an open seat whose incumbent has in fact announced his retirement. Commissioners Court Precinct 1 is a race against a first-term incumbent who had ousted Democrat Richard Morrison in 2016. I wrote about all the Fort Bend County races here, and unfortunately don’t have anything to add to that. I’d love to hear from someone who has a strong opinion in these races.

Travis County – District Attorney

Jose Garza (44.3%) versus Margaret Moore (incumbent, 41.1%)

As a bonus, this is the highest profile county race runoff. First term incumbent Margaret Moore faces former public defender Jose Garza in a race that will have national attention for its focus on police reform, with a side order of how sexual assault cases are handled thrown in. Garza has an impressive list of national endorsements, including Elizabeth Warren, Bernie Sanders, and more recently Julian Castro. Austin has been one of the hotter spots for police violence, so this is a race that could have a big effect on how the reform movement moves forward.

Hope this has been useful for you. I’ll have a brief look at the judicial runoffs next to wrap this up.

Maybe we should have had this election in May

Oh, the irony.

When the coronavirus threat was newer and seemed more immediate, Texas postponed its May elections to pick winners in several party primary runoffs, fearing the health risks of exposing voters and poll workers.

With those statewide elections about to take place, the health risks voters face are now arguably greater than when the runoffs were initially called off.

The virus appears to be in much wider circulation than the original May 26 runoff date, with the state coming off a full week of record highs for COVID-19 hospitalizations and several consecutive days of record highs for daily reported infections.

But voters won’t be required to wear masks at polling places. Gov. Greg Abbott, who earlier expressed concerns about exposing Texans “to the risk of death” at crowded polling sites, has forbidden local governments from requiring people to wear them in public.

And Texas Republicans, led by state Attorney General Ken Paxton, have successfully fought off legal efforts by Democrats and some voters to let more people vote by mail if they are fearful of being exposed to the virus at polling places.

With early voting starting June 29 and election day July 14, voters are largely left on their own to balance exercising their right to vote against the health risks that come with going to the polls in a pandemic. Some fear endangering themselves, while others fear bringing the virus back into homes they share with immunocompromised loved ones. The runoffs are relatively small elections with low turnout expected — the marquee race is the Democratic showdown to see who will challenge U.S. Sen. John Cornyn in November — but they’ll prove an instructive test run for what Texas might face come November’s high octane general election.

[…]

Across the state, election administrators have been trying to rework the mechanics of in-person voting to see how safe they can make it. Plastic barriers will go up at check-in stations and poll workers will be wearing an assortment of protective equipment like masks, shields and finger covers. A bounty of hand sanitizer will be at the ready. In some counties, voters will receive styluses or craft sticks to mark up their ballots to avoid contact with voting equipment.

The Texas Secretary of State has offered voters a list of suggestions for keeping safe, like screening themselves for symptoms and bringing their own hand sanitizer to the polls.

Wearing masks is also something voters might want to consider, the state’s chief election officer suggests.

On the one hand, I think it’s very clear that we would have been in a less dangerous situation with the pandemic. Infection and hospitalization rates are higher now and growing, thanks in large part to Greg Abbott’s insistence on “reopening the economy” at all costs. On the other hand, you could argue that we know more about how to mitigate risk than we did even a month ago, and having a lower-turnout election now, with the opportunity to see what works well and what doesn’t, will serve us well for November. That’s grim comfort for anyone who feels like they’re risking their health or the health of a loved one to exercise their right to vote, and it really highlights how poorly the state has done to manage the pandemic, but I think there’s value to it. We have a plan and we’ll get to test-drive it. Still not a great trade, but one hopes we’ll get something out of it.