Off the Kuff Rotating Header Image

Cynthia Bailey

Lawsuit filed over District B candidate eligibility

All right then.

Cynthia Bailey

Renee Jefferson-Smith, who trailed Cynthia Bailey by 168 votes in unofficial returns, sued the city of Houston and Harris County Thursday, contending that Bailey’s 2007 conviction for forging a $14,500 check makes her ineligible to appear on the ballot.

The Texas Election Code says candidates are eligible to run for office if they have not been “finally convicted” of a felony from which they have “not been pardoned or otherwise released from the resulting disabilities,” though the law does not define “resulting disabilities.”

In the state district court lawsuit, which seeks an injunction and temporary restraining order to bar Bailey from appearing on the ballot, Jefferson-Smith also argued that Bailey may have committed perjury by affirming in her candidacy application that she had not been convicted of a felony.

Though the law appears to prohibit convicted felons from seeking office, candidates with felony records successfully have reached the ballot in HoustonAustin and San Antonio, and the law has yet to be thoroughly tested in court.

For now, Bailey is set to face Tarsha Jackson in the District B runoff. The district, which covers several north Houston neighborhoods including Fifth Ward and Acres Homes, currently is represented by term-limited Councilman Jerry Davis. Jackson finished atop the 14-candidate field with 20.8 percent of the vote in Tuesday’s election.

[…]

In the petition filed Thursday, Jefferson-Smith also contended that Bailey’s criminal record “will guarantee a victory for the other runoff candidate and deny voters in District B a real choice.”

Replacing Bailey in the runoff, Jefferson-Smith argued, would give voters “the opportunity to choose between two eligible candidates for the position of Council member for District B, thus ensuring that District B voters are not disenfranchised.”

Jefferson-Smith declined to comment through a spokesperson, though she posted about the lawsuit on Facebook Thursday.

“I had a decision to make, and believe me it was extremely tough, so please understand; this lawsuit and fight is not about me, it’s about the people in District B,” she wrote.

Jackson said she was disappointed Jefferson-Smith filed the lawsuit, and argued that Bailey should not be kept off the ballot.

“I’ve spent my whole life fighting for criminal justice reform and fighting for people to have a second chance. All the candidates knew she had a criminal record when the story came out,” Jackson said, referring to a Chronicle story published last month. “She finished second despite the story, and I think she should be able to finish the race.”

As you well know, I Am Not A Lawyer, so I have no idea what the courts will make of this. I expect we will get a quick decision, likely followed by a quick appeal to the 1st or 14th Court of Appeals, which in turn will either rule or refuse to take up the matter in short order.

Bailey’s status was reported by the Chron in October in a story that was primarily about residency requirements. You will note that three other candidates who were on the ballot were in the same boat, though none of them came close to advancing. You may also recall that former Geto Boy Willie D decided not to file in District B over concerns about his own status. I wonder what he’s thinking right now.

I don’t have a problem with the filing of the lawsuit, especially if one believes that Bailey would be prevented from taking office in the event she won because of her status. We don’t know that would happen, but it could and it seems likely that someone would take legal action to force the question. I would have preferred to adjudicate the question before the actual election, precisely to avoid issues like this, but the courts in their wisdom prefer to only get involved after elections. I’d also prefer for people like Bailey and Willie D to be able to run for office after they finish serving their sentences, but at the very least the law in Texas is unclear on that. I’ll keep an eye on this and we’ll see what the courts have to say.

Final results are in

Here they are. Refer to my previous post for the initial recap, I’m going to be very minimalist. Let’s do this PowerPoint-style, it’s already been a long day:

Mayor – Turner fell short of 50%, landing up a bit below 47%. He and Buzbee will be in a runoff. Which, if nothing else, means a much higher turnout for the runoff.

Controller: Chris Brown wins.

District A: Peck versus Zoes.
District B: Jackson versus Bailey.
District C: Kamin versus Kennedy. Gotta say, it’s a little surprising, but quite nice, for it to be an all-Dem runoff. Meyers came close to catching Kennedy, but she hung on to second place.
District D: Brad Jordan had a late surge, and will face Carolyn Evans-Shabazz in the runoff. If Evans-Shabazz wins, she’ll need to resign her spot on the HCC Board, so there would be another new Trustee if that happens.
District F: Thomas versus Huynh. Other than the two years we had of Richard Nguyen, this seat has pretty much always been held by a Republican. Tiffany Thomas has a chance to change that.
District H: Cisneros verusus Longoria.
District J: Pollard versus Rodriguez. Sandra Rodriguez had a late surge and nearly finished ahead of Pollard. Very evenly matched in Round One.

At Large #1: Knox versus Salhotra. Both candidates will benefit from the Mayoral runoff, though I think Raj may be helped more.
At Large #2: Robinson versus Davis, a rerun from 2015.
At Large #3: Kubosh slipped below 50% and will face Janaeya Carmouche in overtime.
At Large #4: Dolcefino versus Plummer. We will have somewhere between zero and four Republicans in At Large seats, in case anyone needs some non-Mayoral incentive for December.
At Large #5: Alcorn versus Eric Dick. Lord, please spare me Eric Dick. I don’t ask for much.

HISD: Dani Hernandez and Judith Cruz ousted incumbents Sergio Lira and Diana Davila. Maybe that will make the TEA look just a teeny bit more favorably on HISD. Kathy Blueford Daniels will face John Curtis Gibbs, and Matt Barnes had a late surge to make it into the runoff against Patricia Allen.

HCC: Monica Flores Richart inched up but did not make it to fifty percent, so we’re not quite rid of Dave Wilson yet. Rhonda Skillern-Jones will face Kathy Lynch-Gunter in that runoff.

HD148: A late surge by Anna Eastman gives her some distance between her and Luis La Rotta – Eastman got 20.34%, La Rotta 15.84%. The Republican share of the vote fell from 34% to 32%, right on what they got in this district in 2018.

Now you are up to date. Go get some sleep.

2019 election results: Houston and Metro

Unfortunately, we have to start with this:

Results of Tuesday’s election could take until 2 a.m. Wednesday after the Texas Secretary of State issued a new regulation that upended plans by the Harris County Clerk’s Office to speed vote counting.

The first tubs containing electronic ballot cards from across Harris County arrived at central count just before 9:30 p.m., where election judges and poll watchers waited to see the vote count in action.

Dr. Diane Trautman said she had hoped to have votes come in from 10 countywide drop-off locations, fed in through a secured intranet site, leading to faster results on election night.

Instead, Secretary Ruth R. Hughs ordered on Oct. 23 that law enforcement officers would instead escort the ballot box memory cards from each of the 757 polling sites to the central counting station.

That change, made nearly two weeks before Election Day, led to a major delay that left voters wondering for hours how races up and down ballot would turn out.

Early election results trickled in shortly after 7 p.m., but remained virtually unchanged for hours Tuesday.

Here’s the County Clerk’s statement about that order. I don’t know what was behind it, but it sure did gum things up. In the end, final results were not available till quite late, with no more partial results after midnight because producing those was slowing down the input process. Here’s the later statement on when results would be expected. Suffice to say, this was a mess, and no one is happy about it all. Expect there to be an extended fight between the County Clerk and SOS offices.

Anyway. I’m still groggy from a late night, so I’m going to hit the highlights, and we’ll get final results later. Here we go.

Mayor: Turner leads, is close to a majority.

Mayor Sylvester Turner held a wide lead over Tony Buzbee in limited early returns late Tuesday and was within striking distance of an outright re-election win, though it was unclear at press time if he would secure enough votes to avoid a runoff.

Buzbee, a millionaire trial lawyer, jumped out to an early second-place lead that he appeared likely to retain over Bill King, an attorney and businessman who narrowly lost a 2015 runoff to Turner but struggled this time to compete financially with Buzbee, his main rival for conservative votes.

With a small share of Election Day precincts reporting, Turner remained a shade under the majority vote share he would need to avoid a December runoff against Buzbee.

Councilman Dwight Boykins, who competed with Turner for the support of Democratic and black voters, trailed in fourth place, while former councilwoman Sue Lovell was further behind in fifth. Seven other candidates combined for the remaining share of the vote.

Adding in the Fort Bend results, and we get the following:


Turner     63,359  47.28%
Buzbee     39,361  29.37%
King       17,878  13.34%
Boykins     7,848   5.86%
Lovell      1,433   1.07%
The Rest    4,121   3.08%

Three things to think about: One, Turner has at this point more votes than Buzbee and King combined, so if we do go to a runoff that’s not a bad position to start with. Two, the Election Day results reported so far came mostly from Districts A, C, E, and G, so they would be more favorable to Buzbee and King than the city as a whole. And three, the election polling was pretty accurate, especially at pegging the support levels for Boykins and Lovell.

Oh, and a fourth thing: Tony Buzbee’s drunken Election Night speech. Yowza.

Controller: Incumbent Chris Brown leads

It’s Brown 62,297 and Sanchez 54,864 adding in Fort Bend, and again with mostly Republican votes from yesterday (Sanchez led the Election Day tally by about 1,700 votes). Barring a big surprise, Brown has won.

City Council: Most incumbents have big leads, and there’s gonna be a lot of runoffs. To sum up:

District A: Amy Peck has 44.3%, George Zoes 16.8%
District B: Tarsha Jackson 21.0%, Renee Jefferson Smith 15.1%, Cynthia Bailey 13.7%, Alvin Byrd 10.7%
District C: Abbie Kamin 30.8%, Shelley Kennedy 15.8%, Greg Meyers 14.4%, Mary Jane Smith 14.0%
District D: Carolyn Evans-Shabazz 19.0%, Carla Brailey 12.3%, Brad Jordan 11.9%, Rashad Cave 11.4%, Jerome Provost 10.4%, Andrew Burks 10.3%
District E: Dave Martin easily wins
District F: Tiffany Thomas 39%, Van Huynh 24%, Richard Nguyen 18%
District G: Greg Travis easily wins
District H: Karla Cisneros 38.9%, Isabel Longoria 27.5%, Cynthia Reyes-Revilla 24.0%
District I: Robert Gallegos easily wins
District J: Edward Pollard 32.4%, Sandra Rodriguez 26.4%, Barry Curtis 19.7%
District K: MArtha Castex-Tatum easily wins

At Large #1: Mike Knox 38.1%, Raj Salhotra 21.1%, Yolanda Navarro Flores 16.3%, Georgia Provost 14.7%
At Large #2: Davis Robinson 38.9%, Willie Davis 28.8%, Emily DeToto 18.8%
At Large #3: Michael Kubosh 50.8%, Janaeya Carmouche 20.6%
At Large #4: Anthony Dolcefino 22.9%, Letitia Plummer 16.4%, Nick Hellyar 12.8%, Ericka McCrutcheon 11.3%, Bill Baldwin 10.5%
At Large #5: Sallie Alcorn 23.2%, Eric Dick 22.0%, no one else above 10

Some of the runoff positions are still very much up in the air. Michael Kubosh may or may not win outright – he was only at 46% on Election Day. Name recognition worth a lot (Dolcefino, Dick) but not everything (both Provosts, Burks). Not much else to say but stay tuned.

HISD: Davila and Lira are going to lose

Dani Hernandez leads Sergio Lira 62-38, Judith Cruz leads Diana Davila 64-36. Kathy Blueford Daniels is close to fifty percent in II but will likely be in a runoff with John Curtis Gibbs. Patricia Allen, Reagan Flowers, and Matt Barnes in that order are in a tight battle in IV.

HCC: No story link on the Chron front page. Monica Flores Richart leads the execrable Dave Wilson 47-34 in HCC1, Rhonda Skillern-Jones leads with 45% in HCC2 with Kathy Lynch-Gunter at 26%, and Cynthia Lenton-Gary won HCC7 unopposed.

Metro: Headed to easy passage, with about 68% so far.

That’s all I got for now. Come back later for more.

July 2019 campaign finance reports: Open City Council seats, part 1

There are seven more Council races to examine, all open seats thanks to a couple of incumbents either stepping down (Steve Le in F) or running for something else (Dwight Boykins in D, at least for now). I’m going to split these into two posts, with Districts A, B, and C in this one. A look at the Council races with incumbents, plus the Controller’s race, is here. As before, my look at the January 2019 finance reports for Houston candidates is here, and all of the finance reports that I have downloaded and reviewed are in this Google folder. Except for the reports that were filed non-electronically, which you can find here. Erik Manning’s invaluable spreadsheet remains my source for who’s in what race.

Amy Peck – District A
Mehdi Cherkaoui – District A
Iesheia Ayers-Wilson – District A

Robin Anderson – District B
Cynthia Bailey – District B
Patricia Bourgeois – District B
Alvin Byrd – District B
Karen Kossie-Chernyshev – District B
William Dennis – District B
Tarsha Jackson – District B
James Joseph – District B
Alice Kirkmon – District B
Alyson Quintana – District B
Renee Jefferson Smith – District B
Rickey Tezino – District B
Ben White, Jr – District B
Huey Wilson – District B

Kendra Yarbrough Camarena – District C
Candelario Cervantez – District C
Anthony Dolcefino – District C
Rodney Hill – District C
Abbie Kamin – District C
Shelley Kennedy – District C
Greg Meyers – District C
Bob Nowak – District C
Daphne Scarbrough – District C
Mary Jane Smith – District C
Kevin Walker – District C
Amanda Kathryn Wolfe – District C


Candidate     Raised      Spent     Loan     On Hand
====================================================
Peck          31,697     15,122    5,000      20,185
Cherkaoui     11,500      8,681    8,000       2,818
Ayers-Wilson

Anderson      1,465         820        0         540
Bailey        7,400       3,787        0       3,612
Bourgeois
Byrd         15,809      10,731    2,500       7,195
K-Chernyshev
Dennis        1,000           0        0       1,000
Jackson      24,813       5,306        0      20,787
Joseph
Kirkmon
Quintana     10,868       4,632        0       6,505
Smith        53,167      27,958        0      25,208
Tezino
White
Wilson

Camarena     13,638          12        0      13,625
Cervantez     1,954          46        0       1,908
Dolcefino     2,836           0        0       1,750
Hill
Kamin       175,490      44,557        0     141,382
Kennedy      39,651      40,600	       0       6,677
Meyers       25,722      10,004   20,000      34,297
Nowak        13,186       8,697        0       4,488
Scarbrough   31,195       5,849        0      22,195
Smith        58,906      20,696        0      38,209
Walker
Wolfe            63          43        0          20

District A is pretty straightforward. Amy Peck, currently the Chief of Staff for incumbent Brenda Stardig and a two-time candidate (2009 and 2013) before this, is the seeming front-runner. She’s the fundraising leader and there are no other brand-name Republicans in this race for an open Republican seat, which when you look at the field size in basically every other open seat race is kind of a miracle. That said, her haul so far is hardly a deterrent, and there’s still a few weeks for anyone on the fence to jump in. If the election were today, I’d make her the solid favorite. Ask me again after the filing deadline.

District B is always a fascinating mixture of experienced candidates with solid backgrounds and resumes, perennials and gadflies, and intriguing outsiders who could upend the conventional wisdom. Alvin Byrd has been Chief of Staff to two different Council members. Tarsha Jackson was a force with the Texas Organizing Project with a long record of advocacy on criminal justice issues. Cynthia Bailey is a longtime civic activist who’s leading efforts to fight illegal dumping and clean up trash. Renee Jefferson Smith had a day named for her by City Council following her Harvey recovery work. And of course, there’s Willie D of the Geto Boys. He joined the race too late to do any fundraising; the others I named account for the bulk of what has been raised, with Smith in the lead. There are some great candidates running here in a race that won’t get much attention outside the district. That’s a shame.

The district that will get most of the attention, only partly because about half of all the candidates running for anything are here, is district C. Abbie Kamin is the fundraising powerhouse by far, but it’s a big field and it won’t take that much to make it to the inevitable runoff. Kamin is an advocate for voting rights and refugees and generally makes you wonder what you’ve done with your entire life when you look and she what she’s done so far. This is a purple district with a roughly even mix of Republican and Democratic candidates, with Kamin, 2010 candidate for HD138 Kendra Yarbrough Camarena, and entrpreneur/activist Shelley Kennedy as the leading contenders in the latter group. (Nick Hellyar was there with them till he moved to the At Large #4 race.)

Mary Jane Smith is the leading fundraiser among the Republican candidates. Interestingly, her bio notes her political activism and campaign experience, but doesn’t say which party she’s been active with. That’s easy enough to figure out with a little Google searching, but I do find it curious that she wouldn’t fly her flag proudly on her own webpage. (Also, too, if you were a power broker in the last election for a county party chair, you aren’t an “outsider” in any meaningful political sense.) Anyway, Greg Meyers is a former HISD Trustee who ran against State Rep. Hubert Vo a few years ago, and Daphne Scarbrough (you can find her webpage yourself) is a longtime anti-Metro zealot. And yes, Anthony Dolcefino is the son of Wayne. You can’t say there aren’t choices in this race. I’ll fill you in on the rest tomorrow.

Two Geto Boys are better than one

Again I say, sure, why not.

Willie Dennis

William James Dennis, a rapper who goes by the stage name Willie D, has filed a campaign treasurer’s report to run for city council, becoming the second member of the Houston-based hip-hop group Geto Boys to seek a council seat.

Dennis filed a report Thursday with the city secretary’s office indicating he will run for District B, joining a field of 11 candidates.

Councilman Jerry Davis represents the district, but he has served the maximum number of terms and cannot run for reelection.

Hilton Koch, a Houston furniture dealer who is serving as campaign treasurer, confirmed Monday that Dennis is seeking the District B seat.

It is unclear, however, whether Dennis legally can be a candidate for council because he is a convicted felon.

[…]

The other candidates in the District B race are Robin Anderson, Cynthia Bailey, Patricia Bourgeois, Alvin Byrd, Karen Kossie-Chernyshev, Tarsha Jackson, James Joseph, Alyson Quintana, Renee Jefferson Smith, Ben White Jr. and Huey Wilson.

As the story notes, fellow Geto Boy Scarface is in for District D, the seat vacated by Dwight Boykins (assuming there are no backsies), where he currently faces a smaller field. I don’t know how Dennis’ past conviction will affect his candidacy, but having a conviction appears to have discouraged Booker T from running for Mayor (to be sure, there may well be other reasons why he hasn’t followed through on that). My opinion is that if you have completed your sentence you should be free and clear, but as far as I know that proposition has not been tested in the courts. So we’ll see. In the meantime, I will note that I am most familiar with District B candidates Alvin Byrd, who lost in the runoff to incumbent Jerry Davis in 2011, and Tarsha Jackson from her time with the Texas Organizing Project. Cynthia Bailey has sent out the most campaign emails, at least among candidates who have bought email lists that include mine.