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January 9th, 2020:

Interview with Kelly Stone

Kelly Stone

Today we take a break from the State House to return to the one statewide office on the ballot, Railroad Commissioner. It will be the fourth race you see on your ballot this fall, after President, Senate, and Congress. If Democrats make a breakthrough in state government this year, this will be the place it happens. Four Dems are lined up to take a shot at the RRC position that is on the ballot, held by incumbent Ryan Sitton. Kelly Stone was the first to throw her hat into the ring. Stone is an educator, environmental activist, and comedian from San Marcos. She’s also a lifelong athlete, who has completed the “world’s toughest canoe race” and was the placekicker on her high school football team. Please note, she was in town visiting family with her two sons when we did this interview at the Heights Library, and each of them wandered into the room as we were talking and started offering their own answers to my questions, so you’ll hear a bit of their voices as well. Here’s the interview:

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Elisa Cardnell – CD02
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Vince Ryan – Harris County Attorney
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Christian Menefee – Harris County Attorney

Ann Johnson – HD134
Ruby Powers – HD134
Lanny Bose – HD134

Judge Powell back on the ballot

So be it.

Judge George Powell

A civil court judge Wednesday ordered that sitting criminal district Judge George Powell be included on the March primary ballot after the Harris County Democratic Party denied his application for candidacy last month.

Party officials had to accept Powell’s application within 24 hours, and he needs to appear as a choice for voters during the election, Judge Lauren Reeder ordered. But the ruling is technically temporary and could be subject to appeal by the party or Powell’s primary opponent, who was a third-party “intervener” in Powell’s suit against the party.

“I’m very happy that the judge granted our request for an injunction and that he gets the chance to run again,” said Kent Schaffer, Powell’s attorney. “Ultimately, it’s the voters who should decide who the candidate’s going to be, and not a select few people who feel like it’s their right.”

During a Tuesday court hearing, the local chapter of the Democratic Party sought to justify its decision in leaving Powell off the ballot, urging him to take responsibility for his application’s failure. A statement party officials issued after Wednesday’s ruling made little mention of the outcome, however, and pointed to issues with the election code.

Party leaders weren’t able to approve Powell’s candidacy because state rules prevented it, they said. The judge paid an insufficient filing fee too close to the filing deadline, meaning his application was denied and the problem couldn’t be fixed without breaking state rules, party chair Lillie Schechter testified Tuesday.

“The Harris County Democratic Party regrets the situation Judge Powell found himself in,” party officials said in a statement. “Without question, we believe all eligible candidates should have access to the ballot.”

See here for the background, and here for a pre-hearing version of the story, which was also covered by Texas Lawyer. On the one hand, I agree with the HCDP: The rules are easy to understand. He could have filed earlier than the very last minute, when there was no time to fix this easily-corrected mistake. The party doesn’t have much discretion according to the law. On the other hand, I hate seeing people bumped from the ballot for nit-picky reasons. The law in question should be amended to allow a post-deadline grace period to correct technical errors like this (though again, if you know you’re going to run, file at least a day before the deadline and save yourself the trouble).

This is probably the end of the story. The HCDP does not plan to appeal, and intervenor/primary opponent Natalia Cornelio does not appear to be appealing, either. Fine by me, let’s get on to the campaign. One more thing first:

Powell’s lawyers hinted in Tuesday’s injunction hearing that the party might have an interest in keeping the judge from running for re-election, even though paying the incorrect amount might have been no more than a convenient mistake. Schaffer clarified afterward that he believes Ellis is pulling strings in the local Democratic Party, and wants his employee to run unopposed for the 351st state judicial district.

Ellis and Cornelio both helped draft a landmark settlement over Harris County’s misdemeanor bail system, which a federal judge said was unconstitutional and discriminated against poor defendants.

Powell was one of 11 current and former judges in the area who were admonished by the State Commission on Judicial Conduct in 2019 related to complaints that they instructed hearing officers to deny no-cost bail to indigent defendants. That admonishment has since been retracted for unknown reasons.

Randle called the claims “ludicrous,” and Cornelio’s attorney, Mynor E. Rodriguez, said he hadn’t heard those accusations.

Yeah, that admonishment, whatever happened to it. I wasn’t inclined to vote for Powell before any of this happened. I’m less inclined to vote for him now.

HISD gets another injunction

In state court this time.

A state judge Wednesday evening immediately blocked Texas from taking over the Houston Independent School District until she issues a final ruling on the case, complicating the state’s plan to oust the district’s school board by March.

In doing so, Travis County District Judge Catherine Mauzy preliminarily sided with Houston ISD, the state’s largest school district, in a legal battle that will ultimately determine whether Texas can indefinitely seize power from its elected school board. At a hearing Tuesday morning, lawyers for Houston ISD argued that Texas Education Commissioner Mike Morath exceeded his authority in nearly every step in the process of deciding on a takeover.

[…]

Mauzy also denied Morath the ability to strike down the injunction on appeal. The trial is set for the morning of June 22, months after the state intended to seat a board of managers.

In the ruling, she said Houston ISD proved it needed the injunction because once Morath takes action to remove power from the elected board, the district would then have no recourse.

At Tuesday’s court hearing, Houston ISD’s lawyers challenged Morath’s reasons for the planned takeover, accusing him of inaccurately interpreting state law and skipping procedural steps to get the results he wanted.

“They don’t get to ignore the law and take over the district just because they think [the Texas Education Agency] could do a better job,” said lawyer David Campbell.

See here for the previous update, when a federal judge denied HISD’s request to halt the takeover but said they could file in state court. I’m still not betting on HISD prevailing, but they haven’t lost yet. Now the TEA needs to figure out how this affects their plans. Check back in June, this is going to be interesting. The Chron has more.

Texas blog roundup for the week of January 6

The Texas Progressive Alliance refuses to play the game of how close events from our memories are to events from history as it brings you this week’s roundup.

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