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Cindy Siegel

Even the Republicans know their election contests are losers

This Chron story is about Dan Patrick telling a group of local Republicans that the 2022 election should be re-done in Harris County, because he has nothing better to say or do with his time. His claims, which the story notes he does not try to verify, aren’t worth the effort to copy and paste, but this tidbit caught my eye:

Without citing any examples of disenfranchised voters, the petition asks the court to declare the elections office made mistakes substantial enough to affect the outcome of the election.

According to Mealer’s petition, “there is no dispute that there were several dozens of polling locations who at some point in the day, ran out of paper and turned voters away.”

Tatum has maintained that while paper supplies ran low at some locations, the county has not been able to confirm whether any voters were turned away as a result.

Republican judicial candidate Erin Lunceford filed an election contest lawsuit in December after losing Harris County’s 189th judicial district court race to Democrat Tamika Craft.

In an email obtained by Craft’s attorneys and posted on the Harris County District Clerk’s website, Harris County Republican Party Chair Cindy Siegel gave candidates the party’s estimate of disenfranchised voters. Siegel’s email was sent on Jan 3, three days before the deadline to file election contest lawsuits.

“Based upon information to date we believe there were approximately 2,600 or more estimated voters turned away due to running out of ballot paper or machines not working for a period of time,” Siegel wrote.

It’s unclear whether that estimate would be enough to flip even the narrowest margins, as in Lunceford’s race, which Craft won by 2,743 votes out of more than 1 million ballots cast, or 0.26 percent of the vote.

The margins are far wider in some other races candidates are contesting. District Clerk candidate Chris Daniel lost by 25,640 votes, while County Clerk candidate Stan Stanart lost by 34,448 votes.

The election contests will be heard by Judge David Peeples of Bexar County. A trial date has not been set yet.

Emphasis mine, and see here for the previous entry. Note that as yet, not a single person has been identified as someone who showed up at a voting center on Election Day, was actually unable to cast a ballot while there because of paper issues, left before the problem was resolved, was unable to go to any of the 750 other voting locations in the county, and ultimately did not cast a ballot. Maybe such people exist and Republicans have been successful at keeping them all quiet until the lawsuits are heard, who can say. At this point, three months out, they seem as plausible as Bigfoot sightings, but let’s take Cindy Siegel at her word and assume the existence of 2600 actual people who were actually unable to cast a ballot on Election Day.

And if we do assume that statement to be a fact, then it is still the case that every single one of those Republican losers are still losers, with most of them still losing by more than a full percentage point, which is well above the standard for recounts that the loser doesn’t have to pay for. And that assumes that literally every one of those 2600 non-voters would have voted for the Republican candidate. Which would be so outlandishly unlikely as to appear to be its own conspiracy. I know that the Republicans are claiming that these problems took place at mostly Republican locations – another claim that is dubious at best and seemingly contradicted by news reporting on Election Day – but even the most partisan locations aren’t unanimous. In all likelihood, these votes would more or less split fifty-fifty, as a microcosm of the larger election, but let’s go ahead and assume the “friendly turf” claim as well. Suppose these votes split 80-20 for the Republicans, which would be plausible for an exclusive sample of such locations. That would mean that the Republicans netted about 1600 votes, which I need not point out is even farther away from closing the gap. If the margin is 60-40, the net gain is about 500 votes. Even under the most ludicrously generous assumptions, the math just plain doesn’t work.

And whatever else you may think about Dan Patrick, he’s not an idiot. He knows this. He also knows that his audience doesn’t care, and he knows that if he keeps repeating the lie, some people who don’t pay close attention will just think that the election was a mess and we don’t really know who won and maybe these “election integrity” laws that the Republicans keep passing have some merit. Winning takes many forms, after all. The Trib, which reported Patrick’s remarks but didn’t fact check them, and Campos, who called the Trib story “lazyarse reporting”, have more.

And now we have a judicial loser contesting the election

The Republicans did warn us they’d be sore losers.

Republican judicial candidate Erin Lunceford filed a petition Wednesday seeking a new election in Harris County’s 189th judicial district court race after losing by 2,743 votes out of more than 1 million ballots cast.

Lunceford’s opponent, Democrat Tamika Craft, won the election by 0.26 percent of the vote.

The petition, which names Lunceford as the contestant and Craft as contestee, claims numerous violations of the Texas Election Code, including a failure to provide a sufficient amount of ballot paper to 25 polling locations.

Harris County Republican Party Chair Cindy Siegel indicated there could be more election contests to come.

“During the last month, we’ve had a lot of our candidates that were in very close races that have been talking to us wanting to know the information that we’ve accumulated and have reported,” Siegel said. “Several of them are considering election contests.”

Andy Taylor, general counsel for the Harris County GOP, is representing Lunceford.

Taylor accused Harris County Elections Administrator Cliff Tatum, who took over the office starting in August, of intentionally causing ballot paper shortages in Republican-leaning neighborhoods.

“If it was just mismanagement, it was just gross incompetence, wouldn’t one think that the lack of paper would apply equally and uniformly across the map, so that there would be roughly an equivalent number of Democratic stronghold precinct neighborhoods as well as Republican precinct stronghold neighborhoods?” Taylor said. “And, yet, that’s not the way it’s breaking.”

Taylor alleged 80 percent of polling places with paper shortages on Nov. 8 were in areas considered Republican strongholds.

“I want to send a message to the Harris County elections administrator,” Taylor said. “Mr. Tatum, your day of reckoning has just started.”

In a statement, Harris County Attorney Christian Menefee said his office will keep a close eye on Lunceford’s election contest.

“I’m disappointed to see another losing candidate challenging the results of their election. Judge Lunceford previously served on the bench, so I trust she understands the seriousness of asking a court to disregard the votes of over a million residents across Harris County,” Menefee said. “This case will focus on the details of every aspect of the November 8 election in Harris County. My office will be involved in the case every step of the way to ensure people’s votes are protected.”

The petition is filed in Harris County, but the case will be heard by a judge from outside the county, according to Menefee’s office.

So many things to say, so I’ll bullet-point it:

– This is different from the ridiculous election contest filed in HD135 by a candidate that lost by 15 points and over 6,000 votes. That one would be heard in the House by a House committee, if Speaker Phelan for some reason doesn’t toss it as a frivolous waste of time. This one will be heard in a courtroom.

– As a reminder and a general principle, never believe a word Andy Taylor says.

– To put it another way, good luck proving intent. Also, reports from the field on Election Day about paper issues were very much coming from Democratic sites. The Texas Organizing Project didn’t file its lawsuit to extend voting hours because of problems in The Villages and Cy-Fair.

– Random fact: In 2020, Democrat Jane Robinson lost her race for Chief Justice of the 14th Court of Appeals by 1,191 votes out over over 2.3 million cast, a margin of 0.06 percent of the vote. You know what she did? She conceded gracefully and went on with her life.

– Another reminder: There were 782 voting locations on Election Day, and you could vote at any of them. There were a half-dozen voting locations within walking distance of my house on Election Day. Anyone who ran into a problem at one location could have gone to another. By all accounts, there were maybe 20-25 sites that have paper issues. That left a mere 750 or so alternatives, including ones that would have been very close by.

– In other words, please find me the people who showed up to vote at a location that was having paper problems, and did not wait for them to be fixed, did not go to another location, did not come back later, and as a result did not vote. You really gonna claim that there were over two thousand of them, and all of them were going to vote for Erin Lunceford?

– Did I mention that the Republicans opposed the extension of voting hours in Harris County (and not in red-voting Bell County, which also had voting location issues), and also opposed the counting of provisional ballots cast by people who voted after 7 PM? As I said before, the obvious way to deal with delays in opening a given voting location is to push back the closing time for it. But the Republicans opposed that at every turn.

– Can you imagine what the Republican response to this would be if it were a Democrat complaining about voting location problems? You could have voted elsewhere! You could have voted early! It’s your own damn fault you didn’t vote! Look at how zealously they opposed all of the efforts to expand voting access in the pandemic, including the third week of early voting that Greg Abbott ordered. You’re immunocompromised and you want to vote by mail or from your car because you’re afraid of a deadly disease? Too bad!

– The remedy, if they somehow win on these laughable claims, would be to redo the entire damn election. To say the least, that is a massive, massive upending of the regular democratic order. The amount of evidence they’d need to provide to come close to justifying such an ask, I can’t even begin to comprehend.

– But really, this is all about making noise and trying to cast doubt on the election administrator’s office and government in general in Harris County. It’s just the Big Lie in a slightly sanitized package.

What to expect when you’re expecting a (larger) Democratic majority

I have three things to say about this.

Despite narrowly winning reelection against bruising campaigns by well-funded challengers, the Democratic majority on Commissioners Court has made clear it intends to continue its progressive remake of Harris County.

Though neither County Judge Lina Hidalgo, Precinct 2 Commissioner Adrian Garcia or Precinct 1 Commissioner Rodney Ellis invoked the word “mandate,” their public promises of four more years of what they have been doing leaves little doubt about their intentions.

Adding a fourth Democrat in Precinct 4, where former county court at law judge Lesley Briones ousted incumbent Commissioner Jack Cagle will only strengthen that resolve.

It also will prevent the lone Republican remaining on court, Precinct 3 Commissioner Tom Ramsey from pulling off a quorum break as he did this year with Cagle to prevent the Democratic majority from passing its preferred property tax rate.

“Democrats will likely lean into a more progressive agenda now that they have uniform control of the court,” said Brandon Rottinghaus, a political science professor at the University of Houston. “They as much as campaigned on this promise.”

The question, Rottinghaus said, is how far Democrats should go in a progressive direction.

“Voters didn’t provide an overwhelming mandate for a major left shift and probably signaled some modest opposition to or, at least, different emphasis on priorities from the prior four years,” Rottinghaus said.

I’m old enough to remember the 2006 election, you know, the one where Rick Perry was elected with 39% of the vote. There was some Discourse at the time about how Perry should be humbled by his weak showing and should mend his ways and just somehow not be so Rick Perry-like. He did none of those things, was easily re-elected again in 2010, was briefly a Presidential candidate in 2012, and eventually became a Cabinet member. Mandates are what you make of them.

With the new stronger majority on the court, Harris County Republican Party Chair Cindy Siegel said she is concerned Democrats will be punitive toward those who have challenged them, pointing to Hidalgo’s victory speech delivered the day after the election.

In those remarks, Hidalgo spoke about her critics who have accused Democrats on the court of defunding police, including what she called “unscrupulous politicians of both parties.” She called out Harris County District Attorney Kim Ogg, a Democrat, without naming her directly.

“That was sort of what was implied with her statement addressed to those people who didn’t support her. So, does that mean she’s not going to be supportive of the constables and the DA’s office?” Siegel said. “Because it’s one thing saying that you’re for funding and you want to make crime go down, but now it’s time to deliver. That’s what she told people.”

Oh, Cindy. Have you seen what Republicans are promising to do in Congress now that they have a slim majority? That’s what being punitive looks like. There are some significant policy differences between Judge Hidalgo and Commissioners Court on the one hand and Kim Ogg and the Constables on the other. Judge Hidalgo has – I’m gonna say it – a mandate to use her office to implement the policies she and the Court campaigned on and think are best. If Ogg and the Constables, who are all up for election in 2024, disagree about that, they can make a campaign issue out of it and hope to get their own mandate at that time. If Hidalgo and the Court really do overstep, that can be ammunition in their fight.

Still, Rottinghaus said, the opposition Democrats faced during the election cycle reflected the difficulty they had messaging on crime issues.

“Governing a massive and ideologically diverse county like Harris means compromising,” he said. “So, despite a solid majority, the close election shows Democrats on the Court need to encourage Republicans to come back to the table.”

This is just your periodic reminder that Harris County Commissioners Court operated with a Republican majority for at least 40 years – I’m only able to verify the Court’s makeup via election results back to about 1974 – before Dems took it in 2019. We operated under Republican laws, rules, norms, and assumptions for a long, long time. Only so much of that can be changed to reflect the current political reality in four years’ time, especially when a Republican minority was still able to wield a budget veto. The fact is that this now-larger Democratic majority – which even with the benefit of redistricting was still hard won – will continue to modify, update, and undo some of the things that we had long done under Republican rule. Everyone needs to wrap their heads around that.

This is why elections administrators are under attack

What a lousy thing to do right now.

Harris County’s new elections administrator has not taken office yet, but the Harris County GOP is already trying to shape his reputation.

On Wednesday, State Senator Paul Bettencourt, R-Houston, tweeted an image of records showing Clifford Tatum has a federal tax lien of more than $100,000. Bettencourt questioned Tatum’s ability to run the office based on his tax records. According to the tweet, the records were obtained July 5, the date Tatum’s selection was announced.

The Internal Revenue Service filed the $108,209 lien against Tatum last October.

In response to Bettencourt’s tweet, Tatum said in a statement: “This is a personal tax matter and not related to my career as an elections administrator. I have been in touch with the IRS and expect the matter to be resolved by the end of the year. I have been a public servant for over 20 years and my personal life has never impacted my professional career.”

Tatum was selected by a unanimous vote of the five-member Harris County Election Commission in July.

[…]

On Tuesday, Harris County GOP Chair Cindy Siegel was the only person on the five-member Harris County Election Commission to vote against final approval of Tatum, which could not be completed until after he had established residency in Harris County. The commission met briefly to take the vote and adjourned in under 10 minutes.

“Why did the four Democrats on the Election Commission shut down debate on this yesterday?” Siegel said in a statement on Wednesday. “Why didn’t the recruiter do their job and disclose issues with Mr. Tatum’s background before the original offer was voted on? I’ve been asking the paid recruiter and the county attorney’s staff about this for a month.”

In response, Harris County Attorney Christian Menefee issued a statement: “The interview, offer, and selection process for the new elections administrator was thorough and all members of the Elections Commission participated. Mr. Tatum’s experience speaks for itself, and I look forward to working with him.”

See here for the background. Personal tax issues are standard fodder in election campaigns, mostly for the purpose of casting someone as untrustworthy or irresponsible. This isn’t an election, though, it’s a job application, and and having a personal tax issue is generally not an obstacle to getting hired. If there’s evidence that Tatum was dishonest about this to the recruiter and/or the Commission, then bring it forward and we can evaluate that. If not, if he answered honestly any questions he might have been asked about this, then it’s not that much different than telling me he’s got a big unpaid balance on his credit cards. Not great from a personal finance perspective, but not relevant to the job he’s been hired to do.

Also, too. Not to put too fine a point on it, but if you’re out there being a big public supporter of Ken Paxton and The Former Guy, dismissing all criticism as mere partisan attacks, I’m not very likely to take seriously your complaints about some other guy’s back taxes. We all love throwing the word “hypocrisy” around, but maybe try a little self-awareness. I’m just saying.

And look, while no public servant is above criticism or having their conduct scrutinized, now is maybe not the best time to be pointing and screaming at election officials for things that have nothing to do with running elections. Election officials around the country and right here in Texas are besieged by violent threats and harassment from the people that Paul Bettencourt is talking to when he says this stuff. Someone is going to get attacked, even killed, if this keeps up. Could you maybe refrain from throwing gas on the fire for a little while? Is that so damn much to ask?

We have a new Election Administrator

From the inbox:

Harris County’s election commission today named Clifford D. Tatum the county’s next Elections Administrator. He is scheduled to take over from interim EA, Beth Stevens.

Mr. Tatum is the chief information security officer for the DC Board of Elections in Washington, D.C. He brings 16 years of election experience to the EA position.

He holds a bachelor’s degree in Administration of Justice from Guilford College and a Juris Doctorate from Western Michigan University’s Thomas M. Cooley Law School in Lansing.

In response to the selection, Harris County Democratic Party Chair Odus Evbagharu issued the following statement:

“Following a nationwide search, the election commission is thrilled to select Clifford D. Tatum as the county’s new elections administrator.

“The commission worked well together to reach our decision, and Mr. Tatum was unanimously selected in a 5-0 vote.

“Mr. Tatum has an impressive background in leading elections — currently with the DC Board of Elections and prior to that as general counsel for the U.S. Election Assistance Commission. We are excited to bring him on board.

“Mr. Tatum’s elections experience — combined with a background in information security and elections law — make him perfectly suited for the Elections Administrator position, and we look forward to welcoming him to Harris County.”

See here, here, and here for the background. The above is a press release from the HCDP. As of 5:30 PM when I draft this, I’ve not seen a news story yet, though there’s this tweet from Judge Hidalgo saying that his hiring was unanimous. I’m sure there will be some coverage shortly. In the meantime, the Google machine found this biography for Cliff Tatum from the US Election Assistance Commission, and this WaPo story from 2011 about Tatum taking over as the head of the DC Board of Elections. He sounds like a solid hire, and he certainly has the background and experience you’d want for the person taking this job, especially with the next election looming. I’m sure we’ll learn more about him soon. In the meantime, welcome to Houston, Clifford Tatum.

UPDATE: And here’s the Chron story, which doesn’t have much in the way of new information but which does remind us that “Tatum’s appointment will be confirmed in a vote at a later meeting pending a background check and after he meets a residency requirement to become a voter under the Texas Election Code”.

Still no new Election Administrator

C’mon, y’all.

Harris County officials canceled an election commission meeting for the second time this week, again citing a lack of quorum because only two members were able to attend in person. The rescheduled meeting now is set for Tuesday.

Harris County Judge Lina Hidalgo, one of five members of the commission, announced Sunday evening that she had tested positive for COVID-19.

When they meet, members of the county’s election commission are expected to pick a new official to run elections, as outgoing Harris County Elections Administrator Isabel Longoria’s resignation went into effect Friday.

At their most recent meeting on June 15, members of the commission narrowed their search to two finalists. Both candidates live outside Texas and have previous election experience, according to Hidalgo.

See here and here for the background. Again, I would like to know who (besides the presumably still-testing-positive Judge Hidalgo) was unable to attend and why, and I would like to know when we might reasonably expect the next meeting to occur. We may be at risk of losing out on one or both of these candidates if we don’t move forward, and that would be a catastrophe. I want to see this done by the end of next week. Please!

No new election admin yet

Hope this delay is brief.

Harris County’s top election position remains unfilled, after a Monday meeting of the county’s election commission to select a candidate was canceled due to a lack of quorum. Their final pick will face a narrowing time frame to prepare for his or her first test: Early voting for the November election begins Oct. 24, less than three months after the new administrator’s likely start date.

The tight schedule adds to an already daunting job in a sprawling county with more than 2.5 million voters, an adversarial political climate with frequent election lawsuits, and a startlingly high rejection rate of nearly one out of five mail ballots in this year’s March primaries under the state’s new voting laws.

Only two of the five members of the commission were able to attend the Monday meeting in person, a day after County Judge Lina Hidalgo announced she had tested positive for COVID-19. The commission has not yet rescheduled the meeting.

With outgoing Harris County Elections Administrator Isabel Longoria’s resignation going into effect Friday, Beth Stevens, chief director of voting for the county, will become the interim administrator until the new hire begins, which Harris County Judge Lina Hidalgo said is likely to be Aug. 1. The new administrator’s appointment will be voted on at a later meeting after the selected candidate meets a residency requirement to become a voter under the Texas Election Code.

The commission was slated to hold a closed-door executive session to interview two finalists for the position and take “possible action” to name the administrator at Monday’s meeting. Both finalists have prior experience running elections and are located out of state, according to Hidalgo.

See here for some background. I agree with Campos, it would have been nice to know who besides Judge Hidalgo (who had a perfectly good excuse) didn’t show up and why. May have been valid reasons, but the clock is ticking and we deserve to know. I get the impression that there’s no real dissension on the committee, they just need to finish the job.

The target date to have the new admin in place is still August 1. That’s a brief time to get up and running, but if they are hiring an experienced person and the operational staff is in place – and hopefully we have a way forward on the ballot collection question for Election Day – then I think we’ll be fine. So with that in mind, let me comment on this:

At the commission’s most recent meeting on June 15, Rob Icsezen, deputy chair of the Harris County Democratic Party’s primary committee, presented a letter to the commission signed by around 100 members of the public, many of them current or former Democratic election workers, asking that Longoria be reinstated as elections administrator. One of the reasons they cited was the time frame left until the November election.

“Any new elections administrator would have the same challenges as Ms. Longoria, without the benefit of a year and a half of hands-on experience,” the letter stated. “In short, they would be starting from scratch. November is rapidly approaching. The voters of Harris County do not have time for this.”

This will not be the first time an administrator has overseen a major Harris County election on relatively short notice. In June 2020, Chris Hollins took over as county clerk shortly before the November election, after outgoing clerk Diane Trautman resigned her position, citing health concerns during the pandemic.

“On my first day as County Clerk in 2020, we had just four months to figure out how to administer an election in pandemic conditions for the first time in Texas history,” Hollins said in a statement. “That included acquiring the necessary protective equipment, recruiting the election workers we needed, and creating and training our team on new safety procedures.”

Hollins benefited from an unprecedented budget to administer the 2020 election, after Commissioners Court approved $27 million — much of that coming from federal CARES Act dollars — to fund his plan, which included additional polling locations, up to 12,000 election workers and an extra week of early voting.

“Many core planning items (e.g., number and location of voting centers) should be well under way by August, but the new EA will need to ensure that solutions are in place for issues that have arisen in recent elections, as well as problems created by the recent voter suppression law,” Hollins said. “These include record rejection rates for mail ballots, which we saw in March, and intentional disruption by partisan poll watchers, which will be something we face for the first time in November.”

I was contacted by Icsezen and a couple of other folks, all people I respect, with this pitch. I did not join them. I like Isabel Longoria and I totally get where Icsezen and the others are coming from, but I just think that ship has sailed. It didn’t work out. That’s unfortunate, but it is what it is. Let’s get the new person in there, give that person all of the support and financing they will need to run a successful election, and do everything we can to help. At least COVID ought to be a much smaller issue this time around. We can do this.

We have finalists for the Election Administrator job

Good.

The director of voting for Harris County will become the interim elections administrator, officials said Wednesday as the county elections commission narrowed its search for the permanent job to two candidates.

Following a closed-door executive session of the Harris County Elections Commission, County Judge Lina Hidalgo said both candidates live outside Texas and have previous election experience. The commission will schedule another meeting to make its choice to replace Isabel Longoria, the outgoing elections administrator whose resignation takes effect July 1.

[…]

In the meantime, Beth Stevens, chief director of voting for the county, will become the interim elections administrator until the new hire begins, which Hidalgo said is likely to be on Aug. 1.

That will give Longoria’s replacement less than three months to prepare for his or her first test: early voting for the November election begins Oct. 24. The fall ballot will include several high-profile state and local races, including those for governor, attorney general and Harris County judge.

See here for the previous update. It would have been nice for this person to have a longer runway, or a lower-profile election in which to get themselves acclimated, but this is the hand we’re playing. I certainly hope that whoever these folks are, they have a lot of experience doing this job. They’re going to need to change the narrative about how elections are run in Harris County, sort out the best way to collect and transport election night returns (at last report, the Supreme Court has still not issued any ruling on that writ of mandamus the local Republicans filed), and probably deal with a slavering horde of Republican poll-watchers in November. Godspeed and keep a stiff upper lip, whoever you are.

The election night experience

Let me start off by saying that my heart breaks for everyone in Uvalde. I cannot begin to fathom the pain and loss they are experiencing. I don’t know when we as a society will act to protect people from gun violence, but we cannot act quickly enough. We certainly didn’t for Uvalde, or Santa Fe, or El Paso, or any of too many other places to name.

For the subject that I wanted to be thinking about yesterday, we start with this.

Harris County voters are in for a long election night, with full election results in primary runoff races not expected until well into Wednesday. The night also could be politically turbulent as a dispute plays out over one line in the state’s election code.

One reason for the expected slow count Tuesday is the Harris County Republican Party’s decision to break with the county’s ballot delivery plan, according to Harris County Elections Administrator Isabel Longoria. After closing the polls, election judges will hand off ballots to law enforcement officers and deputized county staffers, who will drive the equipment to the central counting station at NRG Arena on the judges’ behalf. The Harris County GOP argues the plan violates state law, so they are advising their party’s election judges to drive the ballots to NRG themselves. The Texas Secretary of State’s office agrees with the GOP’s assessment.

An election judge is the person in charge of running a voting location. In a primary election, each polling location has one judge from each party overseeing their own party’s voting process. In the past, the responsibility of transporting the ballots to the counting station has fallen to these election judges, the final task at the end of their 15-hour day.

Despite the GOP’s criticism, at least 40 Republican judges are choosing to participate in the county’s plan.

The dispute seems to be more about politics than the law, Martin Renteria, a Republican election judge in Harris County, said. He has no problem trusting a law enforcement officer to deliver the ballots, especially in a primary election where a Republican candidate is going to win no matter what.

“A Republican is going to win during the primary election. It’s going to be Republican versus Republican,” Renteria said. “It’s just illogical to me, and this is a part of the story that nobody talks about.”

[…]

Under state law, ballots should be delivered by either the election judge or an election clerk designated by that judge.

At a May 11 hearing with the state House Elections Committee to address delayed election results, Longoria argued the plan utilizing law enforcement officers and deputized staffers is in compliance with Texas law.

“The election code does not speak to the delivery other than the presiding judge must turn over those election records to our election office. So it doesn’t speak to who has to drive to meet the other person to do so,” Longoria said.

The Texas Secretary of State’s office has disagreed with her interpretation and urged the county to change its plan.

“Harris County’s decision to allow volunteers to transport election records — including voted ballots — to the county’s Central Count location on Election Night is incompatible with the Texas Election Code and violates well-established chain of custody protocols spelled out under Texas law,” Texas Secretary of State spokesperson Sam Taylor said in a statement on Friday.

However, Gerald Birnberg, an elections attorney and General Counsel to the Harris County Democratic Party, questioned the Secretary of State’s logic, pointing out that its own office deputizes others to perform certain duties.

“The same way that the Secretary of State is deputizing these people in his office to speak on behalf of the Secretary of State on statutory matters, to perform his statutory duties, the elections administrator is deputizing individuals to carry out duties and responsibilities and functions that are otherwise prescribed to be discharged by the elections administrator,” Birnberg said.

[…]

The Harris County Elections Administrator’s office maintains the Secretary of State’s office knew about the strategy and raised no objections when they implemented the ballot delivery plan during the May 7 election.

In a statement, Longoria said: “In April, the EA’s Office discussed the May 7 law enforcement and county driver program with the Secretary of State’s Office’s Managing Attorney of the Elections Division, specifically requesting guidance and recommendations. The SOS raised no concerns, legal or otherwise, with the program. Further, the EA’s Office discussed the plan for both May elections with both political parties as early as April 7. Both parties had the opportunity to ask questions, review the chain of custody document, and raise issues. Neither party raised concerns.

In fact, the first time any concerns were raised occurred during a public meeting May 11 at the Election Committee Hearing by the Secretary of State’s Office. One week later, just six days from election day, the Harris County Republican Party notified us that its judges would not participate in the program.”

See here for the background. Later in the day, we got this.

With voters walking into polling places and ballots set to arrive at NRG Arena in a few hours, Harris County’s Republican Party has challenged the process election officials will use to transfer ballots from locations to the central counting center, citing concerns with handing the machines over to anyone but precinct judges.

In the 18-page filing to the Texas Supreme Court around 2 p.m. on Tuesday, the local Republican party says despite assurances that election officials have it under control, state election law and past experience make them wary to hand over ballots to emissaries so they can ferry to a central location.

Cindy Siegel, chairwoman of the Harris County GOP, said officials are impeding on the democratic process.

“They are trying to make it as difficult as possible, and talking people out (of driving ballots themselves) by warning them there will be long lines,” Siegel said. “They are scaring people into creating this system that isn’t even legal.”

Lawyers for the GOP argue the county is ignoring state election laws and breaking the mandatory chain of custody for ballots.

“An essential component of the central counting station is the physical delivery of sealed ballot boxes and access to the central counting station is necessary (for) that process to take place,” the filing states.

The petition asks the high court to order Harris County to allow election judges to drive their own precinct ballots to the central counting center at NRG Park.

The request drew a fast rebuke from Democratic Party leaders and Harris County Attorney Christian D. Menefee.

“Their leadership has known about the County’s election day plans for some time, yet they waited until 6 hours before the polls close to now ask a court to throw the plans out the window and put residents’ votes at risk,” Menefee said in a statement. “And in their lawsuit, they flat out misrepresent the county’s plans to the court, making several statements that they know are demonstrably false.”

[…]

“(Longoria’s) office successfully used constables in the May 7 election, and the GOP had no problem at that time,” said Odus Evbagharu, chairman of the Harris County Democratic Party. “Now, someone wakes up on Election Day and suddenly thinks law enforcement officials and deputized election officers are an issue?”

Siegel said that is precisely why the GOP is suing.

It is the May 7 election, and widespread problems that day, that prompted the concerns in the first place. She said Republican judges only learned the day before that election that they would have to hand ballots over at polling sites, rather than drive them downtown themselves. In a handful of cases, no one came to pick up the ballots — leading the election judge to take them home — or couriers failed to drop them off in a timely manner. As a result, the county did not complete its count until Sunday morning, even though fewer than 115,000 ballots had been cast.

Again, I didn’t have a problem with the May 7 reporting. There’s clearly a difference of interpretation of the law here, and if that can’t be resolved on its own then a courtroom is the proper venue. I have a hard time believing that this couldn’t have been litigated before Tuesday afternoon, however. I started writing this post at 8 PM, and as of that time there had been no ruling from SCOTx. I don’t know when they plan on ruling, but at some point it just doesn’t matter.

UPDATE: It’s 10:30 PM, more than a third of the Tuesday votes have been counted, and I see nothing on Twitter or in my inbox to indicate that SCOTx has issued a ruling. So let’s think about this instead:

Well said. Good night.

UPDATE: Here’s a later version of the story about the GOP’s lawsuit over the results delivery process. I still don’t see any mention of a decision being handed down. And for all of the fuss, final results were posted at 1:26 AM, which seems pretty damn reasonable to me. The midnight update had about 98% of ballots counted on the Dem side and about 95% on the GOP side – 70,016 of 72,796 Dem votes and 105,486 of 116,100 GOP votes. Seriously, this was a fine performance by the Elections Office.

On reporting election night results faster

Not sure about this.

Ahead of next week’s primary runoff elections, Harris County officials are recruiting county staffers to help speed up the results by picking up ballots at polling locations and driving them to the county’s central count location. Harris County was the last of the state’s largest counties to finish counting ballots in an election held earlier this month, even with assistance from law enforcement officers who took on delivery duties.

In the past, the responsibility of delivering the ballots has fallen to election judges, the final task at the end of their 15-hour day. Starting with the May 7 election, law enforcement officers with the Harris County Constables offices and the Harris County Sheriff’s Office picked up the ballots and made the delivery instead. The change didn’t do much to cut down on reporting time. While Dallas County and Tarrant County sent complete results to the state shortly after midnight, Harris County’s results came in around 9:37 a.m. Sunday, according to the Texas Secretary of State’s office.

This week, Harris County officials plan to train and deputize full-time county staffers from various departments to take on those delivery duties, as well. An email sent to county staffers on Tuesday from Harris County Administrator Dave Berry and Harris County Elections Administrator Isabel Longoria requested volunteers to help expedite the process.

“What’s required? Drive to a single polling location and pick up two sets of voting equipment, from both the Democratic and Republican sides, for the May 24th Primary Runoff Election. Return the equipment to NRG and be greeted with snacks, water, and a big THANK YOU for your service,” officials wrote in the email.

Each participating law enforcement officer or county employee will be assigned on average two polling locations, which will cut down by half the total number of cars lined up at central count at the end of the night, according to a spokesperson with the Election Administrator’s office.

While all Texas counties must comply with the state election code regulations — which were modified significantly when Senate Bill 1 went into effect last year — the Election Day ballot counting process varies considerably depending on the county.

At a May 11 hearing with the House Elections Committee, Tarrant County Elections Administrator Heider Garcia told lawmakers his county speeds up results by using multiple dropoff spots on Election Night, instead of one central count location.

“Because we are a large county, we use regional dropoff locations for the poll workers to deliver the materials to us. If we had 350 poll workers queued up outside our office, election night would become election week,” Garcia said.

Rep. Mike Schofield, a Harris County Republican, told Longoria and committee members he was alarmed by Harris County’s plans to deputize county staffers to make deliveries.

“I would be very, very troubled to find out in November that we were just deputizing whoever the elections office thought it wanted to deputize to go touch my election results and bring them to the central counting station,” he said. “So let’s make sure that we know what the law is and that we’re following it because that’s not kosher. Or at least doesn’t seem kosher.”

According to the story, Keith Ingram of the SOS office said he disagreed with Harris County’s interpretation of the law in question. He’s not a lawyer and that’s not an official pronouncement, but that sounds to me like it’s maybe not the best plan to pursue, as there could be unwanted consequences from it. I will say, it’s not clear to me why this would be illegal. I can’t think of any reason why trained county staff would be any less reliable or trustworthy than election judges, who had to be trained by the same election office people to do the same thing. Maybe this is just a quirk of the law if in fact it is not in compliance with it, maybe there was some nutball conspiracy theory reason for county election workers to be not on the sanctioned list of vote-equipment-deliverers, or maybe there’s a legitimate reason that I’m not aware of. All I can say is that at first glance it’s not clear to me why it should be off limits.

That said, rather than risk a confrontation over this, maybe the multiple dropoff points plan is better, as that seems to be how other counties do it. I will confess total ignorance here about why that might not work for Harris County. Maybe it’s just not a thing we’ve done before and so we don’t have a workable plan in place. I’d say one of the first questions we should be asking the next Election Administrator is what they think about this.

There’s also this:

The Harris County GOP is urging Republican election judges to break with Harris County’s election night plan for next week’s primary runoff, arguing the county’s ballot delivery protocol violates the law. Earlier this week, Harris County officials sent an email to county staffers asking for volunteer drivers to help expedite the ballot counting process for the upcoming primary runoff. With hundreds of polling locations spread out over 1,700 square miles, the state’s most populous county has a history of delayed election returns.

In hopes of speeding up election results, the Harris County Elections Administrator’s office also used this plan earlier this month in the May 7 election — deputizing law enforcement officials and full-time county staffers to deliver ballots from the polling location to the county’s sole central counting station. However, the Harris County GOP is pushing back on that plan and instructing Republican election judges to drive ballots to central count themselves.

While the Harris County GOP is opposing the county’s ballot delivery plan, in an email to the Chronicle, party chair Cindy Siegel outlined strategies they would support in order to speed up election results. Those included better tracking of equipment and improved training for staffers receiving ballots.

Their key recommendation: “Include multiple drop off locations around the county with livestream video of the drop off process.”

At the May 11 hearing, Tarrant County Elections Administrator Heider Garcia told lawmakers that’s the system they use to speed up results.

“Because we are a large county, we use regional drop-off locations for the poll workers to deliver the materials to us. If we had 350 poll workers queued up outside our office, election night would become election week,” Garcia said.

Under the tenure of former Republican County Clerk Stan Stanart, Harris County used four drop-off locations to count ballots. Stanart reassured voters the system of transmitting ballot counts was secure.

When the county clerk’s office flipped to Democratic control in 2018, the new County Clerk Diane Trautman intended to use multiple locations, as well, but scrapped the plan after the Texas Secretary of State’s office said the county would violate state law prohibiting the transmission of election results via the internet. Trautman told Commissioners Court in November 2019 she believed her system to relay results was legal, but rather than risk a lawsuit, Harris County would begin to count votes at a single location.

In this year’s primary election on March 1, Harris County used four drop-off locations to shorten the drive time for election judges, according to the Elections Administrator’s office spokesperson Leah Shah. She said they’ve returned to one drop-off location while trying to implement a program to reduce the need for multiple locations.

In response to the Harris County GOP urging judges to transport ballots themselves, Shah said the Elections Administrator’s office has sent out an email to GOP election judges notifying them that they can “opt in” to the county’s plan if they don’t want to drive the ballots themselves. Thirty-one GOP judges have opted in so far, according to Shah.

Someone is going to need to explain to me what Tarrant County is doing differently than what Harris County would have done under Diane Trautman’s plan. Having multiple dropoff locations makes sense to me, so let’s figure out what needs to happen from there and go forward with it. Make that a top priority for the next elections administrator. And again, election night reporting for the earlier May election was fine. If we have a similar experience on Tuesday night, that too will be fine.

Actually, May Election Day vote reporting was basically fine

This headline is correct, but it leaves out some relevant details.

Even with help from constable’s offices, Harris County again was the last of the state’s largest counties to finish counting Saturday’s election results, turning its final tally to the Texas Secretary of State’s office after 9:30 Sunday morning.

In a move touted by the Harris County Elections Administrator’s Office, constable deputies picked up ballot boxes from the 465 polling locations on Election Day and delivered them to the county’s central counting station. Typically, that responsibility has fallen to election judges, the final task at the end of their 15-hour day. Even with deputies taking over delivery duties, results from Harris County slowly trickled in hours after other big Texas counties had reported their tallies.

Dallas County and Tarrant County sent complete results to the state shortly after midnight, while Harris County’s results came in around 9:37 am on Sunday, according to the Texas Secretary of State’s office. With hundreds of polling locations spread out over 1,700 square miles, the state’s most populous county has a history of delayed election returns.

Outgoing Elections Administrator Isabel Longoria announced her resignation following a botched March primary election. The county took 30 hours to finish counting and then two days later announced it found 10,000 ballots that had not been included in its final vote count. Longoria took the blame for the miscues and resigned days later. Her resignation takes effect July 1.

The Harris County Election Board — consisting of Harris County Judge Lina Hidalgo, District Clerk Marilyn Burgess, Tax Assessor-Collector Ann Harris Bennett and the heads of the county Democratic and Republican parties — voted last month to hire a national search firm to find Longoria’s replacement.

Deputy constables have picked up and delivered ballot boxes during early voting in previous elections, but this time they delivered ballot boxes on Election Day, as well. Nadia Hakim, a spokesperson for the Elections Administrator’s Office, said the constables also will assist with the primary runoff election set for May 24.

The county’s elections office boosted its staff on Election Day by bringing in employees from most constable’s offices, along with Harris County employees across several divisions who were available to help, Hakim said. The process, she said, went smoothly.

Asked why the county was the last to report results, Hakim noted Harris County still was within the 24-hour deadline for reporting results to the state, and said there was no issue. Harris County is the third largest county in the country, she added.

Here’s the thing: The Elections Office was updating its results every hour on the hour Saturday night. I know this because I get an email from that office every time there are new results, and I have an email from them with those updated results every hour from 7 PM when the EV totals were posted up until 3 AM, when 95% of the results were in. Maybe that’s slower than you want – as of the midnight report, only about a third of the votes had been counted – but as someone who has spent many an hour by the computer hitting Refresh on the browser, it’s the lack of updates, and the unpredictability of when the next one will arrive, that truly drives us up the wall. This might have felt drawn out, but at least you knew when to check again.

Can we do better than this? I think we can certainly try, and I would hope that whoever the Election Board hires in July will have some solid ideas for how to achieve that. Until then, getting updates on a regular schedule will help most of us keep our blood pressure under control.

We will have a new elections administrator on July 1

Let’s get the best we can.

The Harris County Election Board on Tuesday voted to accept Elections Administrator Isabel Longoria’s resignation and hire a national search firm to find a replacement, two weeks after the five-member panel could only agree to adjourn without taking any action.

Harris County Judge Lina Hidalgo, who chairs the election board, said the county would post the job Tuesday, as well as review applications submitted when the elections administrator job was created in 2020. Before then, elections in Harris County were managed by the county clerk’s office, while the tax assessor-collector’s office handled voter registration and maintained the voter rolls.

“I think it bodes well that the body has worked well together,” Hidalgo said afterward.

The board, which at times sparred over election procedures and replacing Longoria, approved the county administration’s preferred search firm and settled on the job description the firm will circulate and the timeline to have a new elections chief in place by July.

The steps taken were the first since an April 6 meeting ended with nothing achieved after members balked at proceeding with a a search before they formally had accepted Longoria’s resignation. Though she announced her intent to resign after the botched March primary, the election board had — until Tuesday morning — never accepted it.

[…]

Hidalgo had defended leaving Longoria in place through the upcoming election, saying officials needed to efficiently find a permanent replacement by mid-year and not try to transition to an interim leader and then into a second permanent person.

“I am afraid if we have another transition it will complicate things,” she said.

As a compromise, the board agreed to a change in its timeline by [Republican Party Chair Cindy] Siegel to meet by June 30 to appoint a permanent administrator or an interim replacement, assuring Longoria would not last into July.

“I just want to make sure we are not artificially boxing ourselves in,” Siegel said.

See here for the previous update. I think it’s fine to not want to have an interim administrator in place for the May elections, and it’s also fine to want to ensure that we have closed the books on Longoria’s term by July 1. It would be nice to have the next administrator in place by then, but I’d rather we get it right than we get it done quickly. There’s plenty to learn from the last couple of years’ experience, and I hope that whoever comes in fully avails themselves of that opportunity.

Harris County GOP sues Isabel Longoria

It’s a lawsuit kind of day.

The Harris County Republican Party filed a lawsuit Monday against the county’s elections administrator, Isabel Longoria, for what they call the “worst elections fiasco in Texas history.”

The lawsuit was filed after Longoria’s office confirmed over the weekend there were approximately 10,000 mail-in ballots that were not added to the unofficial Election Night count.

The Harris County GOP has consistently criticized Longoria and her team for what they said has been the most “egregious” and “mismanaged” election process to ever occur in the history of Harris County.

Some of the issues the GOP point out, according to their lawsuit, include:

Issuing of incorrect ballots to certain polling locations, preventing voters from being able to vote
Providing ballots on the wrong size paper
Failing to complete the counting of the ballots within 24 hours of the polls closing
Failing to deliver the required number of working voting machines and adequate supplies

Harris County Republican Party Chairman Cindy Siegel said they want Longoria, along with her management team, to resign or be fired. The GOP also wants independent oversight of the next three upcoming elections.

See here for the background. The lawsuit is embedded in the story – it asks for between $100K and $250K in damages, which I presume is recovering their cost for the election. The plaintiffs ask for monetary relief and essentially for the elections office to comply with the state’s electoral code with regard to counting votes and publishing the results. I’m not sure where the “independent oversight of the next three upcoming elections” comes from, though I should note that I just skimmed the complaint, I didn’t read it thoroughly.

According to the Chron, there’s a second lawsuit as well:

A second lawsuit, filed by Democratic and Republican primary candidates, also alleged poll workers were not given proper supplies, and in some cases voting machines malfunctioned, leading to damaged ballots.

I don’t have any more information about that lawsuit.

How likely is this one from the HCRP to succeed? I have no idea. As noted before, I don’t think much of any legal complaints the local GOP has made, as they have been a lot of hot garbage lately. But there have definitely been issues with this election, and you never know what can happen in a courtroom. It won’t surprise me if this gets kicked on a motion to dismiss, it won’t surprise me if it bounces around the system for years, and it won’t surprise me if the Republicans recover at least some of their costs for the election, more likely via settlement.

On Republican female Congressional candidates

The sub-head for this article should be “It’s easy to show large percentage gains when you start from a very low base”.

Heavy recruiting of female candidates paid off for Texas Democrats in 2018, but it is Republican women who are making a splash in 2020.

At least 30 Republican women from Texas have filed to run for election to Congress next year, more than twice as many as in the 2018 elections. That year, 13 women ran under the GOP banner while almost three times as many women ran in the Democratic primary, state and party records show.

“If we’re going to have a pink wave, you need to have red in there,” said Nancy Bocskor, a longtime GOP fundraiser who is now director of the Center for Women and Politics at Texas Woman’s University.

Political strategists say the boost is a reaction to the 2018 election after Democrats made major gains in the suburbs, flipping a dozen Texas House seats and coming within striking distance of defeating several established Republicans in statewide office. Bocskor likens it to a wake up call: “They were asleep at the switch, they were not prepared.”

[…]

The number of Republican women running for Congress is up, but still short of the enthusiasm from Democrats. This year, 34 Democratic women are running for Congress.

We went through a similar exercise last cycle, when three Democratic women were actually elected to Congress – Reps. Lizzie Fletcher, Veronica Escobar, and Sylvia Garcia. It’s good to have a diverse slate of candidates, but some nominations are worth more than others, and having multiple women in a given race is no guarantee that the odds of a woman winning are any better. Let’s take a closer look at the races to see who has a decent shot at getting nominated, and of winning in November if they do.

On the Republican side, there are two open seats in which the Republican nominee is a gold-plated cinch to win in November: CDs 11 and 13. In CD17, the Republican nominee will have excellent odds of winning, surely over 90%. In each of these races, there are female candidates running. None stand out as likely to make the runoff, but who knows. A win by a female candidate in any of these three primaries is by far the best chance of increasing the number of Republican women from Texas in Congress. From one, to two. And that’s assuming that incumbent Rep. Kay Granger doesn’t lose her primary, thus reducing the number of Republican women from Texas in Congress from one to zero.

There are also several high-profile races that could go either way, in which there’s a decent chance the Republicans could win:

– CD07, held by Rep. Lizzie Fletcher, in which Cindy Siegel is one of two women vying for the Republican nod. Wesley Hunt appears to have the establishment backing, however.
– CD32, held by Rep. Colin Allred, in which Genevieve Collins appears to be a strong contender.
– CD24, open seat being vacated by Rep. Kenny Marchant. Beth Van Duyne is the best known Republican hopeful.
– CD22, open seat being vacated by Rep. Pete Olson. Kathaleen Wall has moved in to dump more of her millions in a large primary field, but with the likes of Pierce Bush, Troy Nehls, and Greg Hill also running, she may once again fail to make the runoff.
– CD23, open seat being vacated by Rep. Will Hurd. Tony Gonzales is the establishment candidate, but there are some women also running.

I have no deep thoughts on who is or isn’t more likely to win than anyone else. I’m just saying that if I were a Republican and I cared about not looking entirely like an Anglo sausage party, I’d be rooting for a couple of these women to break through.

There are other women running in other Republican primaries, but none of the races will be remotely competitive. Ava Pate in CD18, where there are six people running to be the Republican nominee in a 75% Democratic district, is an example named in the story. I guarantee you, no one will mention Ava Pate’s name after the primary. (Fun fact: She was the Republican nominee in CD18 in 2018. See what I mean?)

On the Democratic side, Gina Ortiz Jones in CD23 and Wendy Davis in CD21 are almost certainly going to win those nominations, and they will both have decent chances of winning in November. All of the leading candidates in CD24 are women, and there are viable women running in CDs 02, 03, 10, 22, 25 (both candidates are women in that one), and 31, with varying levels of hope for November.

So, in a way the Republicans are in the same position Democrats were in 2018, in that there are a couple of open seats that are guaranteed to be theirs, so if they manage to nominate a woman for them they’ll absolutely increase the number of women in their Congressional caucus. Of course, Dems had the likes of Sylvia Garcia and Veronica Escobar to run for those seats in 2018. Republicans don’t appear to have anyone of similar stature this year. They do have some credible female candidates in other races where they can win. So do the Democrats, in more races and with better overall odds of those women making it through the primaries. Ask me again in May after the primary runoffs and we’ll see where things stand.

Scouting the opposition in CD07

Not impressed so far.

Rep. Lizzie Fletcher

Facing a roomful of conservative voters at a meet-and-greet earlier this month, Republican Wesley Hunt laid out the stakes for his party’s primary in Texas’ 7th Congressional District.

“This is about putting the best candidate forward who can beat Lizzie Fletcher. Period.” Hunt said.

Republican voters still are smarting from their 2018 loss in this suburban west Houston district, where Fletcher, a Democratic Houston energy lawyer, toppled nine-term GOP incumbent John Culberson. Her five-point win flipped the seat blue for the first time since the 1960s, prompting Republicans to take aim at the district almost as soon as Fletcher took office.

The GOP primary field already has come into focus, setting up a clash between Hunt, an Army veteran who works for Perry Homes, and Cindy Siegel, a former Bellaire mayor and METRO board member. Battle lines are sharpening, but not around the two candidates’ conservative bona fides or the strength of their policy proposals. The early contours of the race instead have centered on the question: Who is best positioned to snatch the seat from Fletcher?

Threatening to upend the primary is the potential candidacy of Pierce Bush, CEO of the nonprofit Big Brothers Big Sisters Houston affiliate and grandson of former president George H.W. Bush, who once represented the district.

Bush in an email earlier this month said he still is mulling a run for the seat and has been “flattered by people who are encouraging me to consider running,” though he did not lay out a deadline for a decision.

Meanwhile, both declared Republicans have their electability pitches ready to go. Hunt, 37, contends the party could use a “new generation of leadership,” and he peppers his stump speech with references to his time as a helicopter pilot in the Army, including his combat deployment to Iraq. Siegel, meanwhile, pitches her governing experience serving on Bellaire city council and as mayor, along with a number of boards and commissions.

Also, she contends that it will take a Republican woman to beat Fletcher.

“I feel that way strongly,” the 64-year-old Siegel said. “It’s coming as no surprise to anyone, on a national basis: Women have moved away from the Republican Party.”

[…]

In 2018, Trump’s name did not appear on the ballot, but scores of voters in Texas’ 7th said they viewed the election as a referendum on the president nonetheless. Now, the president’s down-ballot impact is set to become amplified, for better or worse, with his name likely atop the Republican ticket in 2020.

After the president lost the district to Clinton in 2016, 48 to 47 percent, the Democratic Congressional Campaign Committee took notice and weighed in heavily on Fletcher’s behalf, spending north of $3.5 million on the seat in 2018.

This time, House Democrats’ campaign arm again figures to play a heavy role, making early attempts to muddy the GOP waters. When Trump visited Houston in April, for instance, the group sent reporters a news release with the subject line: “With Trump in Houston, How Far Will Hunt and Siegel Go to Win Him Over?”

That last bit is more important than who wins this primary, because whoever it is will have Donald Trump as their running mate. Unless the national mood starts souring on Democrats, I think that’s going to be too big an obstacle to overcome.

Beyond that, it’s just too early to have any opinions about these two, or possibly three, candidates. I fully expect one or two other names to pop up, though whether the field expands like it did on the Democratic side in 2018 I couldn’t say. Given the need to raise funds for this race, time is starting to run out for any other wannabes.

Speaking of fundraising, here’s a data point to note for when Hunt and Siegel file their Q2 finance reports. The top four Dem contenders in CD07 raised $1.2 million combined as of July 2017. Fletcher had the second most, with $365K. The eye-popping early numbers all around the country were a leading indicator of Democratic enthusiasm for the 2018 election. I’ll be very interested to see how things look this time around.

One more thing. What happens to CD07 in the 2021 redistricting cycle. Before the 2018 election, when I figured John Culberson would still be the incumbent, my thinking was that Republicans were going to have to shift some of the district out of Harris County – maybe into Montgomery, maybe into western Fort Bend, maybe northwest into what’s now part of CD10 – to keep it red enough for him. At the very least, they’d have to take some of the bluer-and-bluer inner Harris parts out to keep things in their favor. What happens now if Fletcher wins again? Well, they could try this anyway, to take that seat back by other means. Redistricting doesn’t happen in a vacuum, though, and with CDs 02, 10, and 22 all getting competitive it might be too much to save everyone, especially in a solidly blue Harris County and a much more balanced state as a whole. It would not shock me if the Republicans basically gave up on CD07 and used parts of it to shore up those other districts, especially CD02. That’s more or less what they did with the State House in 2011, making HD133 (which they had lost in 2008) redder while making HDs 137 and 149 bluer. Incumbent protection is still a thing that matters, and in a state with fewer safe Republicans, it may matter more than ever. Just a thought.

CD07: Here comes another Bush?

Oh, goodie.

Rep. Lizzie Fletcher

A number of West Houston political insiders are abuzz at the prospect that Pierce Bush, the Houston-based CEO of Big Brothers Big Sisters Lone Star and member of the storied Bush family, might run for the Congressional seat currently occupied by Democratic U.S. Rep. Lizzie Pannill Fletcher.

The 7th Congressional District has significant history in the Bush family: It’s the seat Pierce Bush’s grandfather, the late President George H.W. Bush, represented in the late 1960s.

“Over the past few months, I have been flattered by many people in Houston who have reached out and encouraged me to run for this seat,” Pierce Bush said in a statement to The Texas Tribune. “I am currently putting my heart and soul into my role as CEO of the largest Big Brothers Big Sisters agency in the country.

“With my awesome staff team, our volunteers, and donors, we are empowering thousands of kids in Texas to achieve their full potential in life through our outcomes achieving mission,” he added. “If I were to run for this office, or any other office, I would certainly run as a big tent candidate focused on discussing the important matters. Together, we can stand for real opportunity for the many who need it.”

It’s a nice statement, and it sounds sincere, but let’s face it, if you are running as a Republican in 2020, you are running with Donald Trump as your running mate. There’s no way around it. Trump himself would have it no other way, and for that matter neither would every other elected Republican in Texas. There may come a time when a Pierce Bush could run as a Republican while talking about “big tents” and “discussing important matters”. That time is not 2020.

There is already a high-profile Republican candidate in the race: Wesley Hunt announced his challenge to Fletcher earlier this month. A West Point graduate, Hunt is politically connected locally and nationally. Upon his entrance into the race, U.S. House Majority Leader Kevin McCarthy highlighted Hunt’s candidacy in a memo to donors. Former Bellaire Mayor Cindy Siegel announced her run earlier this month as well.

See here for more on Hunt. Both Wesley Hunt and Cindy Siegel sound like they’d be decent candidates, in another time and without the stink of Trump on them. Doesn’t mean they couldn’t win in 2020 anyway – it will surely be a close race, though Rep. Fletcher’s five point win in 2018 well outpaced all the public polls – but I’m hard pressed to imagine a scenario where 2022, with (gods willing) a Democratic President in office and after the Lege does its thing in redistricting, wouldn’t be far more inviting.

Metro preps regional transit plan

This could be on our November ballot as well.

A pending long-term regional transit plan, and likely voter referendum as early as November, will determine where Metro goes. More importantly, they will show what level of support people in the Houston region have for more buses, longer train routes and commuter service to increasingly urbanizing suburban communities.

What’s clear, transit officials acknowledged on Feb. 15 during their first in-depth discussion of the transit plan’s focus, is many solutions to traffic congestion will sit on transit agency shelves for years to come.

“We know we will never have enough resources to build everything,” Metro board member Christof Spieler said. “How do we choose which projects are most worthwhile?”

Board members during the discussion said a host of factors will influence transit project priorities, though the critical litmus test will be whether a project can reliably and quickly serve a large number of riders and solve a congestion challenge. Officials predict as the region grows freeways will clog even more with cars and trucks for more hours of the day. Expansion of many freeways is limited, so using the lanes more effectively or drawing people off the freeway will be critical.

“We’re all going to be more transit-dependent because we can’t spend two hours getting to work,” Metro board member Cindy Siegel said.

Transit agency staff has started compiling a list of unfinished projects, including those left over from the contentious 2003 referendum and financial commitments from an extension of Metro’s 1 percent sales tax voters approved in 2012.

Along with public input and ongoing discussions, Metro could have a draft of a regional transit plan – incorporating not only service in Metro’s area, but beyond its own boundaries – by April under an accelerated timetable.

[…]

There are options for starting major transit projects within the next five years, but they require transit officials to either come up with alternative sources of money or ask voters to approve more spending, which could mean more borrowing and new taxes or fees to pay off the debt.

Officials are exploring both options. Last year, officials approved soliciting interest from private firms for development of a train line from the Texas Medical Center to Missouri City. The line, estimated to cost at least $400 million, has political support from many Houston area federal, state and local officials. Questions related to the proposal pushed the deadline for companies to express interest in partnerships with Metro from Feb. 7 to March 20.

Metro leaders, after new board members were installed by Houston Mayor Sylvester Turner last year, also have said a voter referendum for more spending is likely. Transit board chairwoman Carrin Patman said the regional transit plan could lead to a vote as early as November, though the plan itself will inform what could end up in front of voters.

“It’s possible,” she said of an election in nine months. “We’ll have to see what kind of response we get to the plan and what is the best course.”

A referendum, officials said, could be approval for a single project that transit supporters consider high-priority or politically palatable. A entire suite of projects also could be put in front of voters.

See here for some background. The plan doesn’t exist yet, so it’s more than a little premature to speculate. The howling chaos in Washington doesn’t help, either. I’d prefer a bigger package to vote on than a smaller one, but a bigger one carries a lot more risk, as the opposition will be more intense. Still, we did pass the 2003 referendum against a pretty fierce and well-funded No effort, and I’d guess the Metro service area is more amenable to transit in general and rail in particular now than it was then. But even people who do support those things may vote against a referendum if they don’t think it gives them something they want. And even if Metro wants to put something up for a vote, there’s an argument to be made to wait till 2018 and do as much public engagement as possible beforehand. There’s a lot of ways this can go, so we’ll just have to see what they present when they have something to show us.

Bellaire officially opposes Dynamo Westpark Stadium

Bellaire City Council unanimously passed a resolution Monday night that opposes the construction of a Dynamo Stadium on Westpark.

“To ignore it and not speak up for our residents would be the wrong thing to do,” said Mayor Cindy Siegel, after introducing the resolution, which stated:

“Whereas, the proposed Midway stadium site is not compatible with the existing Bellaire and Houston residential neighborhoods that surround this site and would negatively impact their quality of life with significant noise, traffic gridlock, cut-through traffic, event parking on the CenterPoint Energy easement immediately adjacent to Bellaire and Houston homes’ backyards, and overflow event parking on Bellaire and Houston residential neighborhood streets.”

The council vote came on the heels of continued negative reaction from residents after news of the Midway proposal surfaced in late January.

“The Dynamo stadium in that area would be a logistical nightmare,” said resident Cynthia Freeman to the council.

Councilman Will Hickman said he conducted a survey of 110 residents on the issue and revealed that 89 percent of the respondents oppose any stadium plan near city limits.

Mayor Siegel was an early opponent of this idea. The proposed location is outside the Bellaire city limits so the resolution has no force, but it is a pretty clear expression of what the locals want. Given that the folks on the East End are strongly in favor of the original downtown stadium idea, perhaps this will give that project another nudge. Dynamo President Oliver Luck certainly hasn’t given up on that.

Dynamo President Oliver Luck said the council’s resolution doesn’t change his thinking because he is already trying to make the downtown site work.

“We won’t say no to any other reasonable proposals until we have a shovel in the ground but certainly the East End has been our focus,” Luck said.

So you’ve got one location for which nearly all of the pieces are in place and there’s community support, and another location that would have to start from scratch and overcome opposition from its closest neighbors. Makes you wonder why we’re even having this conversation, doesn’t it? Instant News Bellaire has more.

“There’s no such thing as a project like this without public money”

Dynamo President Oliver Luck throws a little cold water on the claims that a Westpark Stadium could be built exclusively with private funding.

“We have not been presented a plan by the Midway Companies,” Luck said. “I can’t say whether there’s ‘no public money’ involved.

“We (the Dynamo) won’t talk to the city or county about this deal — we have pushed that responsibility to Midway. We know what our conditions are, and basically, it’s replicating the financial structure of the downtown deal. That’s sort of a threshhold question. If they can do that, we’ll go ahead. If they can’t, it won’t happen.”

[…]

Midway recently completed a major mixed-use development in the Memorial area, City Centre, where there is a TIRZ — a tax increment reinvestment zone — in place with the city of Houston, that reinvests some property taxes into infrastructure improvements to help spur development.

Sources familiar with the Midway proposal say it is relying on extending a similar TIRZ in the Uptown/Galleria area, which ends at Highway 59, to encompass the Midway property south of Westpark.

That was news to John Breeding, who serves as executive director of both the Uptown TIRZ and Uptown Development Authority, who said neither agency is involved and is waiting to hear more.

Which comes around, again, to Oliver Luck, who knows a thing or two about stadiums from his four years as CEO of the Harris County-Houston Sports Authority. “There’s always infrastructure involved, public services that need to be provided,” he said. “There’s no such thing as a project like this without public money.”

Well, yeah. As I’ve said all along, it’s a matter of how much money the city and maybe the county would have to invest to make this happen, and whether or not that would wind up being less than what the East End stadium would require. Until there’s a real proposal on the table, we can’t make that evaluation. In the meantime, claims about “private financing” just distort the picture.

It should also be noted that the East End stadium deal is much farther along, and really just needs buy in from County Commissioners El Franco Lee and Sylvia Garcia. That deal could be completed quickly if they signed off on it. Residents in the area, who are facing the prospect that the city might view the location as suitable for a new jail facility if the stadium deal falls through, are pushing for it to get done. There’s no organized opposition to the East End proposal, while the Westpark concept would have to overcome pushback from Bellaire Mayor Cindy Siegel and possibly others. The bottom line is that if any stadium deal happens, the East End is still the heavy favorite to be the choice. David Ortez has more.

Finally, on a related note, freshman Bellaire City Council Member Corbett Parker, who has expressed support for the Westpark location and who is a friend of Oliver Luck, explains his relationship with Luck and the Dynamo.

Bellaire versus Westpark Stadium

Still more on the proposed Westpark location for Dynamo Stadium: The Mayor of Bellaire doesn’t like the idea.

[Bellaire Mayor Cindy] Siegel has scheduled an executive session of the Bellaire City Council Monday following the 7 p.m. State of the City address and indicated she’s optimistic other councilmembers will join her in opposing the 20,000-seat stadium that would reportedly double as a concert venue and feature a 3,000-vehicle parking structure.

“I would hope council would see the negative impact and would listen to residents, who I’m already hearing from by e-mail,” Siegel told the Examiner.

In that interview, she called the plans by the Midway Companies “a betrayal of the vision” that had been worked out among Bellaire, Metro, Thompson + Hanson Nursery and Midway. Those parties had funded an architect’s conceptual plan for a transit-oriented development at the location, in the southwest corner of the 610/59 intersection, bordered on the north by Westpark Drive.

But [County Commissioner Steve] Radack says Bellaire doesn’t have to sign off on the deal, and that he sees support for the private funding.

“Bellaire does not have jurisdiction over any of this…If this deal gets worked out then there will be a whole lot of citizens a lot happier by seeing private money being spent than public money being spent,” he told the Examiner’s Steve Mark.

Sounds an awful lot like Radack is telling Siegel to sit down and shut up. It’s true that this location is not inside Bellaire, but it’s right next to the boundary line, and for sure a stadium there would have an effect, mostly negative, on Bellaire. Mayor Siegel’s letter to Midway CEO Brad Freels lays it out:

Quite frankly, Brad, I have to tell you that I was blindsided by your company’s proposal to use your land at S. Rice and Westpark for a Dynamo stadium. This proposal is completely contrary to what was envisioned for the transit oriented development that included your property and the Bellaire Research and Development District (RDD) when Bellaire, Metro, Thompson and Hanson, and Midway shared the cost of an architect to develop a conceptual plan for a transit oriented development at this location. As I have stated at every joint meeting that your company has attended with Metro and City of Bellaire officials – our primary concern has always been to protect the integrity of the Bellaire residential neighborhood directly south of this site, in addition to protecting the interests of the Bellaire property owners in the RDD.

In reviewing your plans further over the weekend and driving by the site Monday during the day and rush hour traffic in the evening. I cannot see any benefit to locating a soccer stadium (that would also be used as an outdoor entertainment facility) at your site. I believe strongly that the proposed stadium site on your property has serious limitations and will have an extremely negative impact to the residential Bellaire and Houston neighborhoods that adjoin your property and the RDD. As we discussed, the S. Rice and Westpark intersection already experiences significant delays due to traffic backups. (This traffic problem has been discussed several times in prior meetings regarding the placement of a Metro Rail transit station here.) Additionally, traffic backs from Fournace on the 610 Feeder road up to Westpark daily during evening rush hour. A stadium at this site would just increase exponentially what is already a significant traffic problem!

Additionally, there is an existing traffic problem at the 610 and 59 interchange that has been a tremendous drain on emergency personnel responding to accidents that would be compounded further if the stadium was built on your site. Bellaire and Houston emergency personnel (but primarily Bellaire) already respond s several times a day to accidents at this location. To add stadium traffic to what is already a horrible problem would be a financial and manpower resource burden that Bellaire cannot accommodate.

My in-laws live near there, so I can attest to the traffic issues in that area from personal experience. I do think that the University line will help to abate that somewhat, but it won’t be enough. Besides, last I checked that area wasn’t very walkable, so either parking is going to have to be right there, or a whole lot of money is going to have to be spent on infrastructure improvements. In response, Freels and Radack appear to be telling Mayor Siegel that she shouldn’t worry her little head about it.

The Midway site is in Radack’s Precinct 3.

“I think that that (Midway) area needs a shot in the arm and I believe when the Dynamo are playing, it’s not peak times for traffic,” Radack said.

Freels made much the same point.

“I think when she understands the plan in toto she’ll embrace it,” Freels said. “I wish she would have full information before she makes full judgment.”

Well, maybe if fuller information were available, we could all make fuller judgments, but how much more do you need to know to say this is going to affect traffic in that area? As for Radack’s pronouncement, looking through Dynamo schedules for past years (the 2010 schedule hasn’t been published yet), they have played most of their games on weekends. I don’t know if that’s been to accommodate UH, or if that’s just the norm. If that’s how it would be going forward, then it would lessen the impact somewhat, but the inclusion of retail properties on the site would have the opposite effect. Again, until someone does a study and produces a report, we’re all just guessing. I do remain convinced that none of this can happen without some public money being spent to improve the infrastructure around Midway, and as I said before, it’s not at all clear to me that this site would require less public spending than the east downtown one. It’s just too early to say. More on this from the Examiner here, with video from KTRK.

UPDATE: Bellaire City Council Member Corbett Parker has more.