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August 12th, 2020:

Fallon fallout

Of interest.

Sen. Pat Fallon

After Sen. Pat Fallon’s impressive though not unexpected victory this weekend in the insider’s race to be the GOP nominee for Congressional District 4 – being vacated by Director of National Intelligence John Ratcliffe – rumors are flying and announcements are expected quickly in the coming race to succeed him in the Texas Senate.

If the early buzz is any indication, it’ll perhaps be more of a rural versus suburban fight than a “conservative versus moderate” one.

But there are other fault lines developing and there’s some chatter about whether House members considering a promotion could put the GOP House majority at risk when it comes time to vote for a new speaker.

This is a Quorum Report story, so the rest is behind their paywall, but what I quoted is what you need to know. Fallon, who became the Republican nominee for CD04 over the weekend and is sure to win in November in this deep red district, has not yet said when he plans to resign from the Senate. There could be a special election in SD30 in November if he steps down in the next week or two, but after that it will be post-November. As you may recall from 2018, the SD06 special election was held on December 11th following now-Rep. Sylvia Garcia’s resignation from the Senate, which came after she was officially elected in CD29. That’s one path Fallon could follow, but the complications set in if the winner of the SD30 special election is a sitting member of the State House, because then there would have to be a special election for that seat. Again, going back to 2018, the special election in HD145 that was necessitated after now-Sen. Carol Alvarado won that race was held on January 29, with a runoff on March 5.

So what? Well, as the QR story suggests, we could have a very closely divided House this session. Indeed, it could wind up being 75-75, which would surely make for an entertaining Speaker’s race. But then remember the SD30 special election, in which an elected State House member moved up to that chamber. Now all of a sudden it’s 75-74 in favor of the Dems, and you have a whole new ballgame. And remember, it’s quite common for a newly-elected veteran member of the House to resign following the November election. That also happened in 2018, when Joe Pickett resigned, citing health concerns. It’s not out of the question that a 76-74 GOP majority turns into a 74-74 tie with the SD30 election and some unexpected retirement throwing a spanner into the works. Crazy things do happen.

Another potential chaos factor: Carol Alvarado won the SD06 special in 2018 in the first round, which allowed the HD145 special to take place when it did. If there had needed to be a runoff, it would have happened in late January instead of the HD145 special. But if that had been the case, Alvarado would have still been in her House seat. What that means is that if there’s a runoff in SD30, the Republicans might not actually be down a seat at the time that a Speaker is chosen, but would be later on, possibly stretching into April. They’d have a Speaker but they might not have a functional House majority, especially if the Speaker continues the tradition of not voting on most bills. (And of course, on any given day, some number of members will be absent.) Again, the potential for Weird Shit to happen is non-trivial.

This is ultimately why Rep. Eddie Rodriguez made the decision to withdraw from the SD14 special election runoff, to ensure that his seat was occupied in January. Would every State House member whose district overlaps with SD30 make the same selfless decision if the GOP doesn’t have a clear majority in the lower chamber? That’s the $64,000 question. Of course, there would need to be a non-legislative candidate to rally around. There are many variables, is what I’m saying.

Anyway. This is super inside baseball, but this is also the kind of year where these esoteric considerations need to be taken seriously. I will of course be keeping an eye on this.

Appeals court upholds District B ruling

We will finally get a runoff election in District B.

Cynthia Bailey

An appeals court ruled early Tuesday that Houston did not err when it declined to disqualify a District B city council candidate who had a felony conviction, clearing the way for a long-delayed runoff in the district.

Renee Jefferson-Smith, the third-place candidate in the race who filed the lawsuit, said she does not plan to appeal the ruling, which would effectively end the nine-month dispute.

“I am pleased with the court’s decision and I pray that Cynthia Bailey and Tarsha Jackson remain safe as they continue on with their campaigns to become the next City Council Woman for District B,” Jefferson-Smith said in a statement.

Tarsha Jackson

“It’s been long enough and the District deserves to know who will represent them. My family and I are truly excited about the opportunity to move forward and focus on what’s ahead in our lives.”

It is not yet clear when an election can be held. Attorneys involved in the case said they believe it will return now to the lower court, where visiting judge Grant Dorfman can order a new election date. In February, he ordered a May 2 election, which was derailed amid appeals.

One wrinkle is that the Texas Election Code mandates the runoff be held on the same day of the week as the original election, which was a Saturday, according to Assistant Harris County Attorney Doug Ray. That would mean the District B race cannot go on the Nov. 3 ballot, he said.

See here for my previous update. The law in question is quiet clear, mandating that a runoff election that was delayed by an election contest must be held on the same day of the week as the originally scheduled runoff. I hate the idea that this election can’t be held on the same day in November that everyone will be voting anyway, but I don’t know what can be done about it, other than Judge Dorfman saying “screw it” and daring someone to challenge him.

The central question of the case is whether Bailey, who finished second and qualified for the runoff with Jackson, is eligible for office despite her felony conviction.

Jefferson-Smith, who finished third and missed the runoff, had argued she is not. Jefferson-Smith filed two lawsuits seeking to have Bailey removed from the runoff ballot.

The Court of Appeals for the First District of Texas, like others that have handled the case, did not address directly the question of Bailey’s eligibility. A state statute says candidates cannot have felony convictions from which they have not “been pardoned or otherwise released from the resulting disabilities,” but it does not define that phrase, which has led to varying interpretations and enforcement.

Instead, the court addressed Jefferson-Smith’s claim that the City of Houston erred in administering the election by failing to declare Bailey ineligible. Her team had sent the city a packet of documents, after the election but before the vote was certified, proving Bailey was convicted.

A trial court judge said the packet did not conclusively prove Bailey was ineligible because it did not say whether she had been pardoned or otherwise released. (Bailey has argued she is released because she completed her sentence.)

In a decision posted after midnight, the three-justice panel of the First Court of Appeals agreed.

“Because the documents that Jefferson-Smith presented to the Mayor’s Office in connection with her Demand for Administrative Declaration of Ineligibility present a fact question—whether Bailey has been pardoned or otherwise relieved of her disabilities—that the Mayor had no authority to resolve, the Mayor had no ‘duty imposed by law’ to declare Bailey ineligible and made no ‘mistake’ in declining to do so,” Chief Justice Sherry Radack wrote.

Candidates who run for office in Houston check a box on their application form swearing they have not been finally convicted of a felony. The city verifies they have checked the box but does not vet their accuracy.

I’ve read the decision, and while it’s pretty dry and technical, it’s easy enough to understand. The takeaway I got from it is that Jefferson Smith might have prevailed had she taken somewhat different actions, but given what she did do, it wasn’t enough to meet the requirements of the law. I suppose it’s possible the Supreme Court could have seen it differently – for what it’s worth, the panel that ruled on the case was two Republicans and one Democrat – but Jefferson Smith ultimately chose to end her pursuit, and for that I thank her. Now let’s get this election scheduled. Houston Public Media has more.

Latino voter engagement 2020

We have a poll for that.

Latinos in Texas say they are much more motivated to vote this November than they were in 2016, with gun safety being a big factor after the shooting in El Paso a year ago, according to a new poll.

The survey of 800 Latinos in Texas who are registered to vote found that 57 percent are “much more” motivated to vote in November, with 74 percent saying they are “almost certain” to vote in the presidential race and even more — roughly 80 percent — saying they were “almost certain” to vote in the U.S. Senate and congressional races.

The poll, shared exclusively with Hearst Newspapers, was conducted by the gun safety group Giffords — one of a handful of national advocacy groups that have vowed to make Texas their big target in November — and the Latino Victory Project, a progressive group that seeks to grow Latino political power. The survey carries a margin of error of 3.5 percentage points.

The poll is likely welcome news for Democrats who have long hoped they will be carried to victory statewide by a wave of Latino voters — who make up 30 percent of eligible voters in the state, according to the Pew Research Center. But Latino turnout has lagged, with just 28 percent voting in the 2018 midterms, the lowest of any racial or ethnic group tracked by U.S. Census data.

The poll indicates gun safety could be a motivating factor this time around.

A poll like this is about demonstrating that public opinion aligns with your group’s values, not about any particular race or candidate. As the story notes, multiple gun control groups have pledged to make a big investment in Texas this year. Among other things, they’re going to need to make sure voters are fully informed about who supports or opposes what – the respondents in this poll were not as clear about that in the Senate race, for example, as one would like. We’ll know more when we start seeing the actual ads. In the meantime, know that they’re coming.

Big 10 and PAC 12 scrap football for this fall

Boom.

Big Ten Conference presidents and chancellors voted Tuesday to postpone all fall sports seasons, including football, with the hopes of playing in the spring, it announced Tuesday.

“The mental and physical health and welfare of our student-athletes has been at the center of every decision we have made regarding the ability to proceed forward,” Big Ten commissioner Kevin Warren said in a statement. “As time progressed and after hours of discussion with our Big Ten Task Force for Emerging Infectious Diseases and the Big Ten Sports Medicine Committee, it became abundantly clear that there was too much uncertainty regarding potential medical risks to allow our student-athletes to compete this fall.

“We know how significant the student-athlete experience can be in shaping the future of the talented young women and men who compete in the Big Ten Conference. Although that knowledge made this a painstaking decision, it did not make it difficult. While I know our decision today will be disappointing in many ways for our thousands of student-athletes and their families, I am heartened and inspired by their resilience, their insightful and discerning thoughts, and their participation through our conversations to this point. Everyone associated with the Big Ten Conference and its member institutions is committed to getting everyone back to competition as soon as it is safe to do so.”

[…]

In making its decision, the Big Ten said it relied on the medical advice and counsel of the Big Ten Task Force for Emerging Infectious Diseases and the Big Ten Sports Medicine Committee.

“Our primary responsibility is to make the best possible decisions in the interest of our students, faculty and staff,” Morton Schapiro, the Chair of the Big Ten Council of Presidents/Chancellors and Northwestern University president, said in a statement.

The University of Nebraska, after Cornhuskers coach Scott Frost on Monday said his program is prepared “to look at any and all options” in order to play this fall, on Tuesday issued a joint statement saying “we are very disappointed in the decision by the Big Ten.”

“We have been and continue to be ready to play,” the Nebraska joint statement said. “Safety comes first. Based on the conversations with our medical experts, we continue to strongly believe the absolute safest place for our student athletes is within the rigorous safety protocols, testing procedures, and the structure and support provided by Husker Athletics.

“… We hope it may be possible for our student athletes to have the opportunity to compete.”

See here for the background. Here’s the official statement from the Big 10. Something I noticed after rereading my draft was that basketball, which obviously starts in the fall but has a sprint championship, was not mentioned in the news stories. It’s not mentioned in the statement either, so at this point there’s no news. Any postponement of basketball will have further effects, but for now that decision has not been made.

A few hours later, the PAC 12 followed suit.

The Pac-12 CEO group voted unanimously Tuesday to postpone fall sports and will look at options to return to competition next year, the conference announced.

“The health, safety and well-being of our student-athletes and all those connected to Pac-12 sports has been our number one priority since the start of this current crisis,” said Pac-12 Commissioner Larry Scott in a statement. “Our student-athletes, fans, staff and all those who love college sports would like to have seen the season played this calendar year as originally planned, and we know how disappointing this is.”

Impacted Pac-12 student athletes will continue to have their scholarships guaranteed. The conference is also encouraging the NCAA to grant students who opt out of playing this academic year an additional year of eligibility.

The league’s medical advisory group had “concerns that many of its current recommendations cannot be achieved consistently across all universities at this point in time. Currently, the availability of frequent, FDA-approved, accurate testing with rapid turn-around time vary at each of the Pac-12 institution locations. In addition, in many locations within the Conference, community test positivity rates and number of cases per 100,000 in the surrounding community exceed levels which infectious disease and public health officials deem safe for group sports.”

The medical advisory group said “it is anticipated that over the next few months, rapid point of care tests will become more available and we will have a greater understanding of potential short- and long-term health effects of COVID-19 to better inform medical decision-making.”

Here’s their statement, which says they will “postpone all sport competitions through the end of the 2020 calendar year”. That also doesn’t mention basketball, but as noted since a bunch of (generally non-conference) games are played in the fall, it would seem to affect that as well. We’ll see what that means.

Looking at the other Power 5 conferences, it seems that the SEC is most likely to try to have a season, while the Big 12 may be the last one to made a decision. Whatever happens from here, this was a first step. There will be tons of fallout and repercussions from this, and we may not see a return to “normal” for some time. And that’s without factoring in the financial consequences. Hold onto your hats. The AP, CBS Sports, Slate, and Daily Kos have more.

UPDATE: An interesting fact from the Chron: “As of Tuesday, 53 of the 130 FBS schools will not play football this fall.” Just a guess here, but that number is going to go up.