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November 1st, 2022:

DMN\UT-Tyler: Abbott 50, Beto 44 (LV) – Abbott 47, Beto 44 (RV)

Pick your preference.

Republican Gov. Greg Abbott holds a 6 percentage point lead over Democratic challenger Beto O’Rourke as the race to the Nov. 8 election grinds toward the finish line, a poll released Sunday by the University of Texas at Tyler shows.

The poll of 973 likely voters contacted randomly Oct. 17-24 shows Abbott ahead 50% to O’Rourke’s 44%. When the field is expanded to registered voters, 1,330 of whom were contacted, Abbott’s lead shrinks to just 3 points.

The results differ from a recent poll by the University of Texas Politics project that showed the incumbent with a strong 11-point edge, and with one conducted by Beacon Research that was commissioned by the Democratic Policy Institute that showed just a 3-point difference in Abbott’s favor. But UT-Tyler’s findings are in line with several non-aligned polls conducted in late summer. The margin of error for the “likely voters” breakout is plus or minus 3.4 percentage points.

Moving down the ballot, Republican Lt. Gov. Dan Patrick was leading Democratic challenger Mike Collier 44%-35% among likely voters and Republican Attorney General Ken Paxton was ahead of Democrat Rochelle Garza 42%-38%. Like Abbott, Patrick and Paxton are seeking third terms.

The poll’s data is here. I appreciate the fact that they gave us both a likely voter and registered voter result – this pollster has done that in the past, but it wasn’t always presented in a way that made it clear. I also appreciate that this story mentioned other polls and where this one fit in rather than rely on the ridiculous language of this candidate or that losing or gaining ground when comparing one isolated poll result to another, different, poll result. Having context is always better than not having context.

These numbers look reasonable enough. Both Beto and Abbott get about the same amount of support from their own voters, with independents split evenly. Beto does well among Black (78-16) and Latino (59-36) voters while Abbott crushes with white voters (63-31). Of interest in the AG race, one possible reason for Rochelle Garza to be the top performer, is that she is at 47-33 among indies, a significant difference from the Governor’s race. That’s of a small sample of a single poll, so don’t put any actual weight on it, but I’ll file it away for later if it becomes relevant. Even with their LV sample, there were a lot of “don’t know” responses in the Lite Gov and AG races, so who knows what that means. I don’t know if we’re expecting any more poll data at this point – now that we have actual votes, polling becomes of less value – but for what it’s worth, this is where we are.

UPDATE: Forgot to mention that in their September poll, which was of registered voters, Abbott was leading 47-38.

True the Vote leaders officially held in contempt

How long do you think they’ll be willing to sit in jail?

Federal marshals escorted two leaders of True the Vote out of a Houston courtroom on Monday morning and into a holding cell. Catherine Engelbrecht and Gregg Phillips have been held in contempt of court for refusing to release the name of a person of interest in the defamation and computer hacking case against them, who they claim, without proof, is a confidential FBI informant.

They will remain in jail until they release the name of the man.

It is the latest surprise development in the strange story, which concerns — depending on who’s describing it — a right-wing elections group allegedly defaming a small technology company, or a small technology company whose alleged security flaws were exposed by a right wing elections group.

Konnech, the election management software company at the center of those claims, filed a federal lawsuit in September alleging that True the Vote’s viral social media campaign targeting the company’s founder and CEO, Eugene Yu, led to personal threats to him and his family and damaged his company’s business.

In podcasts and interviews, Phillips described a dramatic night in early 2021 in a Dallas hotel, where a man he later identified as Mike Hasson revealed what True the Vote has said was hard evidence of Konnech’s alleged influence on the 2020 election.

The involvement of a third man was unknown until a Thursday hearing, when Konnech’s attorney’s pressed Phillips for additional information about what Phillips claimed was an hours-long Konnech research session in Dallas that night. On the stand, Phillips revealed that another “analyst” was present in the room when Hasson allegedly offered evidence he’d uncovered about Konnech, showing the company had stored American poll worker data on a server in China. Neither he nor Engelbrecht would release the third man’s name, saying he was in danger from “drug cartels.”

While True the Vote’s former attorney on the matter, Brock Akers, released Hasson’s name after U.S. District Judge Kenneth Hoyt demanded he do so earlier in the month, True the Vote’s new legal team has chosen a different path. Akers has not  appeared in court since providing Hasson’s name. Last week, Engelbrecht and Phillips were represented by Michael Wynne, a different Houston attorney, who told the court Akers was on vacation “on the Mediterranean” and would be withdrawing from the case. Wynne said Akers remained away, on a cruise, on Monday morning.

[…]

Again on Monday, Wynne said that True the Vote never had access to the data in question in the case. “The information was too large — the number of terabytes — for him to physically have taken possession,” he said. “He did not and does not have access.”

“I don’t know that,” Hoyt responded. “And neither do you.”

Wynne entered more than two dozen pages of evidence onto the record late Friday night, including dozens of text messages between Engelbrecht and individuals True the Vote has claimed are FBI agents. They also included two affidavits from Phillips and Engelbrecht, and details of Yu’s arrest in Los Angeles.

Hoyt, a Ronald Reagan nominee, was unmoved by the submission, calling it irrelevant given its failure to identify the man at the center of Thursday’s hearing.

See here and here for the previous updates. The phrases “you can’t make this stuff up” and “truth is stranger than fiction” are often overused, but they absolutely apply in this saga. I’m riveted. I’m also torn between “these two chumps will fold quickly” and “these two are dumb enough to stay in the pokey indefinitely”. Could honestly go either way. We’ll see. Juanita has more.

From the department of “The rent is too damn high”

A lawsuit to watch.

Renters are suing Richardson-based RealPage and some of the largest property management firms in the nation for allegedly forming what they call a “cartel” to artificially inflate apartment prices above competitive levels.

Five renters are challenging RealPage and seven property management firms — including Dallas-based Lincoln Property Co. — days after ProPublica published an investigation on landlords’ use of RealPage’s proprietary YieldStar algorithm to push the highest possible rent prices on tenants for apartments across the U.S.

“RealPage strongly denies the allegations and will vigorously defend against the lawsuit,” said RealPage spokeswoman Natalie Dent. “Beyond that, we do not comment on pending litigation.”

Earlier this week in response to the ProPublica story, RealPage told The Dallas Morning News: “Revenue management software cannot control the market because it does not consider or have visibility into market availability. Additionally, the article implies vacancy and resident turnover have increased due to revenue management, which is exactly opposite of what has occurred, as both have steadily declined over the last decade even as revenue management software usage increased.”

The class-action suit was filed in U.S. District Court in the Southern District of California on behalf of all renters of multifamily real estate leases from landlords who have used RealPage’s pricing or lease renewal-taggering software.

“Today’s lawsuit plausibly alleges that lessors of rental units have coordinated to drive rents up to unprecedented levels, exacerbating the nation’s affordable housing crisis,” said Gary Smith Jr., an attorney at Hausfeld representing the renters. “We look forward to vindicating our clients’ rights in this important federal antitrust litigation.”

The suit claims landlords independently priced their leases based on their own assessments of how to best compete against other landlords until about 2016, when they agreed to use a common third party, RealPage, which collected real-time prices and supply levels and used that data to make pricing and supply recommendations. The landlords would follow RealPage’s suggestion with the expectation that others would do the same, the suit said.

The lawsuit is targeted at some of the largest managers of apartment complexes in the nation, including Greystar Real Estate Partners LLC, headquartered in Charleston, S.C.; Dallas-based Lincoln Property Co.; FPI Management Inc., based near Sacramento; Mid-America Apartment Communities Inc., based in the Memphis area; Chicago-based Equity Residential; Essex Property Trust, headquartered in the San Francisco Bay Area.; and three Seattle-based firms: Avenue5 Residential LLC, Thrive Communities Management LLC and Security Properties Inc.

You should read the Pro Publica article that seems to be the foundation of this lawsuit; you can also listen to this What Next TBD episode in which host Lizzie O’Leary interviews the author of the article about it. I don’t know what the likelihood of success is for this lawsuit. Federal suits can take years to work their way through the system, and SCOTUS looms at the end of the line if the result is too unfriendly to business interests. I do think this is an issue that could and should be championed by progressive politicians, and could gain a lot of traction. Nobody really likes the idea of secret algorithms taking advantage of regular people, so the opportunity to have a good fight for real oversight of a problem that’s costing lots of people lots of money is one that should be taken. I’ll keep an eye on this.

White Oak bike trail extension: The final polish

I haven’t seen a news story or press release to say that the White Oak bike trail extension is now fully open, but what I have seen is bicyclists using the trail. So open it must be. And since the last update a month ago, there have been a couple of finishing touches. Observe:

HeightsTrailExtensionDone

HeightsTrailExtensionFullViewDone

If you zoom in, you can see bike riders in each of those photos. I have not yet had the opportunity to use the trail myself yet, but it’s on my to do list.

One more thing: All the construction equipment is gone, and I was wondering if there had been a finishing touch added to the Frasier Street entrance to the MKT Trail. Alas, that is still a no:

MKTTrailFrasierEntranceDone

Maybe I can will it into existence someday.

Since I’m sure you’re all wondering what public works project in my neighborhood I’ll obsessively chronicle now that this one is finally in the books, well, it looks like work is about to begin on 11th Street. These signs appeared about a month ago:

BigChangesComingTo11thStreet

And hopefully there will be some action on the A Tale Of Two Bridges project. So don’t you worry, there will be more pictures soon.