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December 28th, 2019:

Beto PAC

In case you were wondering what he’s up to now.

Beto O’Rourke

Weeks after dropping out of the presidential race, Beto O’Rourke has launched a new political group to boost Texas Democrats in the 2020 election.

In an email to supporters Friday morning, O’Rourke said the group, Powered by People, will bring “together volunteers from around the state to work on the most important races in Texas.” He named a few battles in particular: the fight for the state House majority, national Democrats’ drive to flip six Texas congressional seats, the race to unseat Republican U.S. Sen. John Cornyn and the presidential general election in Texas.

“Powered by People will organize grassroots volunteers to do the tough, necessary work that wins elections: registering Texans to vote (especially those that have just moved to Texas and those who are just turning 18), knocking on their doors, making phone calls, and connecting the dots so that we all understand that in order to make progress on the issues we care most about — like gun violence, healthcare and climate — we will have to register, volunteer and vote,” O’Rourke said.

Powered by People is set up as a political action committee — notable given O’Rourke’s long aversion to PACs in his campaigns. As a congressman, 2018 U.S. Senate candidate and 2020 presidential candidate, O’Rourke refused to accept PAC donations, denouncing the influence of big money in politics.

“I think it’s a really good question — ‘Why would you then start a PAC?'” O’Rourke said in a Texas Tribune interview later Friday. “There literally was no other legal organization that would allow us to raise money and spend money to help organize people in Texas.”

O’Rourke said he looked at starting a 501(c)(4) nonprofit but was not comfortable with the lack of transparency — such groups do not have to disclose their donors. Those organizations also require that politics can’t become their primary focus.

I presume this is the mechanism Beto will use to support State House candidates in this cycle, and perhaps going forward. I’ve never been of the opinion that PACs are evil, or that one needs to shun them to be a “good” progressive. PACs are a tool, no more and no less. Where they are problematic is when they are used to circumvent disclosure requirements, and contribution limits. The fundamental problem isn’t PACs, it’s Citizens United. The only way to fix that is to put enough people who want to fix it in power, and that’s going to mean raising the resources to support them along the way. It’s the system we have, and we’ve got to do what we can to be able to change it. That’s what Beto is doing, and I applaud him for it.

Flynn stays on GOP primary ballot for now

There’s still litigation to come, but I think he’s got a good case and will probably win.

Josh Flynn

Texas Attorney General Ken Paxton has weighed in on a lawsuit accusing the Harris County Republican Party of improperly declaring a candidate for the Texas legislature ineligible because he previously held a “lucrative office.”

At issue in the suit is the candidacy of Josh Flynn, a Republican who is running for House District 38 and who, until earlier this month, had been a trustee for the Harris County Department of Education.

Though trustees earn just $6 per meeting, the Texas Supreme Court has ruled that “an office is lucrative if the officeholder receives any compensation, no matter how small.”

Flynn was previously declared ineligible for the race by county GOP Chairman Paul Simpson, who said that Flynn had submitted his resignation as a trustee to the wrong person at the county education board.

Flynn sought a temporary restraining order that was granted this week by a district court judge.

In a separate filing, Paxton stopped short of siding with Flynn, but wrote that “the law in Texas is clear that a candidate who effectively resigns from the conflicting office may be a candidate for the legislature.”

[…]

Flynn, meanwhile, will have to wait until their next scheduled court date in January to move forward with his candidacy — though his attorney, former Harris County Republican Party Chairman Jared Woodfill, said he is confident that Flynn will prevail.

See here for the previous update. I don’t think anyone is questioning that Flynn had to resign – if that were the issue here, I’d be fully in support of Paul Simpson’s position – it’s basically a question of whether he handed in his resignation letter properly. That to me is too thin a reason to disqualify him, and even though it gives me a rash to agree with Jared Woodfill, I think he’s right about how the case will go.

On the broader resign-to-run question, I am generally in favor of reforming the system we have now, which requires some officeholders – mostly county officeholders, like sheriff and commissioner and constable – to resign to run for other offices, with some legacy variations in there for obscure offices like HCDE Trustee. Because only some people have to do it and not others – like state legislators, for example – it provides an advantage to one class of incumbents, and that feels wrong to me. On balance, I think letting most officeholders serve while running for something else would be better. I doubt the Lege will address this – the current system benefits them, after all – but I would be in favor if they did.