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September 30th, 2020:

Interview with Elizabeth Hernandez

Elizabeth Hernandez

How I proceed with doing candidate interviews can vary from election to election. The last couple of even-year cycles, I’ve focused more on the primaries than the general, because there have been so many highly competitive primaries. Even there, I can’t get to everything, and as I mentioned after the primaries I do try to get back to the candidates I couldn’t cover for March. There was a competitive primary in CD08, the Congressional district that is centered in Montgomery County but which also includes a piece of Harris and a number of rural counties. Elizabeth Hernandez emerged victorious from that primary, and has been someone I’ve wanted to talk to since. An accountant by trade, she graduated high school in Pasadena and now lives in the Woodlands, where she’s doing her part to turn Montgomery a bit more purple, if not blue. Here’s what we talked about:

PREVIOUSLY:

Hank Gilbert, CD01
Rashad Lewis, CD36
Julie Oliver, CD25

CD10 poll: McCaul 45, Siegel 43

One more Congressional district polled.

Mike Siegel

A new internal poll from the Democratic nominee for Texas’ 10th Congressional District, Mike Siegel, showed the race against Rep. Michael McCaul within just two points.

The poll found a narrowing lead for McCaul, who defeated Siegel by four points in 2018. McCaul holds a 45-43 lead over Siegel with just over two weeks remaining before early voting begins, according to the poll.

The poll was conducted Sept. 21-24 by GBAO Strategies, a progressive polling firm in Washington. The results are based on live phone calls to 400 likely voters with a margin of error of 4.9%.

GBAO Strategies conducted a poll for the Siegel campaign in August which showed McCaul leading by seven points, according to a release. That poll was not made public by the campaign.

I’ve not been able to find any poll data for this, which is not unusual for an internal poll whose topline results were released. The Texas Signal reported that the poll also included a Presidential number, and it has Biden tied with Trump in the district, 47-47. Beto topped Ted Cruz by a tenth of a point in CD10 in 2018, so this is consistent with Trump having a small lead in the state. At this point I’ve seen at least one poll result from most of the targeted districts – I’d love to see one from CD02 but have not as yet – and they have tended to tell a consistent story about the state as a whole. The rest is up to us.

Paxton opposes Hotze mandamus to curb early voting

From Reform Austin:

In a brief filed with the Texas Supreme Court, Texas Attorney General Ken Paxton argues that the GOP group suing Gov. Greg Abbott to prevent him from extending early voting for the November election has no standing and has failed to prove any harm.

Conservative activist Steve Hotze and a long list of high-profile Texas Republicans claim Abbott is violating Texas election law and overstepping his authority without first consulting with the Texas Legislature.

Paxton counters that delegation of powers is both necessary and proper in certain circumstances.

“The Legislature properly exercised its delegation power when it enacted the Disaster Act because it contains adequate standards to guide its exercise,” Paxton’s brief reads. “It sets parameters for what constitutes a disaster, provides a standard for how the governor is to declare one, places limits on his emergency powers, and specifies when the disaster ends.”

See here for the background. A copy of the Paxton brief is here. The introduction is worth a read:

To the Honorable Supreme Court of Texas:

Relators direct their petition at the Secretary of State, even though they do not allege that she has undertaken or threatened to undertake any unlawful action. Neither the Governor’s July 27 proclamation (“the Proclamation”) nor the Election Code imposes any ministerial duty on the Secretary. And the provisions of the Election Code concerning early voting are administered by county election officials, not the Secretary of State. Although the Election Code designates the Secretary as Texas’s “chief election officer,” this Court has long held that does not give her generalized enforcement power over every provision of the Election Code. Moreover, the Proclamation independently binds each county’s early-voting clerk, so any mandamus issued against the Secretary would not remedy Relators’ grievances. Indeed, granting the relief Relators seek would have no impact at all—which makes this petition nothing more than a request for an advisory opinion.

Relators’ merits arguments are similarly misguided. They raise multiple constitutional challenges to the Disaster Act, but none is properly before this Court because the Disaster Act delegates no power to the Secretary. And in any event, the Governor’s discretion and authority under the Disaster Act are cabined by reasonable standards, so it is a lawful delegation of legislative power, and the July 27 Proclamation is a proper exercise of that delegated power.

Relators waited two months to file this mandamus petition, yet they ask this Court to “alter the election rules on the eve of an election.” Republican Nat’l Comm. v. Democratic Nat’l Comm., 140 S. Ct. 1205, 1207 (2020). They are not entitled to relief.

Well, now we know where Ken Paxton’s line in the sand is: He’ll value the Governor’s executive power over a challenge to voting rights. Well, he’ll value this Governor’s executive power over a challenge to this Governor’s use of that executive power to enhance voting rights. Good enough for these purposes, I suppose.

Other court documents related to this writ are here. There are now documents available relating to the latest Harris County writ as well, which you can find here. Responses to that are due today at 4 PM. Have I mentioned lately that I will be happy to ease up on all the legal blogging? Please get me past this election, that’s all I ask.

Endorsement watch: Carol and Borris

This is another easy call.

Sen, Carol Alvarado

When Carol Alvarado was elected to represent state Senate District 6 in a special election in 2018, she already had an impressive record under her belt.

After serving on Houston City Council and as the city’s mayor pro tem, she was elected in 2008 to the Texas House of Representatives to represent District 145. She was appointed chair of the Urban Affairs Committee and worked with Republican colleagues to get bills passed, including a 2015 grand jury reform bill that became law.

In her freshman term as a state senator, Alvarado has continued that run.

She co-sponsored 32 bills, 29 of which became law. The legislation ranged from a bill requiring insurance companies to cover diagnostic mammograms to one that gives every student the option of having an ECG heart screening as part of his or her athletic physical exam.

[…]

Alvarado, 52, whose opponent in the race is Libertarian Timothy Duffield, told the editorial board Medicaid expansion will be her top goal in the 2021 Legislature.

That’s an especially worthy goal during the current economic downturn as thousands lose employer-sponsored insurance. We strongly recommend Alvarado for State Senate District 6.

I think in a year where there are a lot of races to endorse in, it’s all right to skip the ones like this where there’s no major party opponent. But even if you do that, Sen. Alvarado would be an obvious choice. She’s done everything you’d want her to do as your Senator.

This one is a bit more nuanced.

Sen. Borris Miles

Outside the Legislature, state Sen. Borris Miles can’t seem to keep himself out of trouble.

The list of scandals include his indictment (and acquittal) over charges of deadly conduct after he allegedly pulled a gun and threatened the host of a holiday party in 2007, his threatening to “beat up” a plainclothes DPS trooper who was protecting Attorney General Ken Paxton in 2015, reports by the Chronicle in 2016 that he repeatedly failed to disclose his business interests in three companies as state law requires, and a 2017 Daily Beast piece that detailed sexual harassment accusations.

His constituents, first in House District 146 and now in Senate District 13, have found none of these allegations disqualifying, sending Miles back to Austin year after year. They have been rewarded with a solid Democratic lawmaker who represents the interests of a region that cuts across Harris County and includes neighborhoods such as Sunnyside, East End, Greater Fifth Ward and International District.

[…]

His opponent, Republican Milinda Morris, is a practicing obstetrician-gynecologist and U.S. Air Force veteran. She opposes abortion rights, and supports unrestricted gun carry and school vouchers. In recommending her in the GOP primary last March, we praised her support for public health and openness to expanding Medicaid.

Based on his troubling pattern of behavior, we believe voters can do better than Miles and have twice endorsed his primary opponents. But in this race, his track record in the Legislature and the fact that his positions are far more in sync with his district than his opponent’s make him the best choice on Election Day.

For what it’s worth, the most recent allegation the Chron cites is from 2017, so perhaps Sen. Miles has been keeping himself out of trouble lately. But maybe it’s just not making the news right now.

One could draw a parallel, in terms of unbecoming behavior, from Sen. Miles to Rep. Briscoe Cain, whom the Chron declined to endorse. Cain is also in sync with his district, as I noted. I would argue that Sen. Miles has an actual record of accomplishment, in the House as well as the Senate, while Rep. Cain is basically a whoopie cushion with a Twitter account (when it hasn’t been suspended for making threats, anyway). Again, though, one might claim that he’s just doing what the people in his district voted for him to do. If one is sympathetic to Rep. Cain’s viewpoint, I can understand how one might conclude that the main difference is that the Chron mostly agrees with Sen. Miles on the issues, and as that is the case that’s why the Chron is mostly endorsing Democrats (these days, anyway). I doubt I could persuade you otherwise.