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District B

Early voting starts today for District B runoff

At long last, the voters in District B will get to elect a new City Council member.

Here’s the Chron story.

Cynthia Bailey

Tarsha Jackson, a consultant and criminal justice organizer, and Cynthia Bailey, a neighborhood advocate, both aim to bring fresh, grassroots energy to the district. Jackson won 20.9 percent of the vote in the 14-candidate general election last November. Bailey came in second with 14.5 percent.

[…]

District B has been represented by Jerry Davis, who faced a term limit last year, for nine years. It has the second-highest concentration of Black residents in the city (47 percent), stretching from historic neighborhoods such as Kashmere Gardens and Greater Fifth Ward to Acres Homes and Greenspoint.

Early voting begins Wednesday, pauses for Thanksgiving and resumes Nov. 30 through Dec. 8.

Jackson has the institutional and financial edge. The progressive organization she used to work for, the Texas Organizing Project, is supporting her bid. Jackson has $21,000 in campaign cash to Bailey’s $3,000, according to the most recent campaign finance filings.

Bailey, though, proved a gritty campaigner last year, surprising other candidates in the field by reaching the runoff. She is known to some as the “Mayor of Settegast.”

Tarsha Jackson

Jackson, 49, was thrust into activism and organizing after her son was arrested for kicking a teacher in elementary school.

She helped advocate for reform legislation in 2007 that ensured young people would not be sent to state jail for misdemeanors. Jackson ultimately became Harris County criminal justice director for TOP, which aims to mobilize Black and Latino communities across the state.

As an organizer, she has been involved in Harris County’s historic bail settlement, has called on the city to end what she calls a “debtors’ prison” system that can jail people for failing to pay fines, and this summer led a report of recommendations for police reform.

Jackson hopes to bring that activist spirit to City Hall on council.

She said the defining issue for District B is poverty. District B has the poorest median household income ($33,257) in the city. Nearly 40 percent of the district’s roughly 193,000 residents live in a household that brings in less than $25,000 per year.

“I’ve watched my communities be left behind in all areas. Infrastructure, jobs, the schools that I went to,” Jackson said. “Once we start addressing income disparities, getting people to work, that’s going to start fixing some of the issues.”

For that reason, Jackson said a top priority would be job training. She plans to push for stronger community benefit agreements when the city gives tax incentives to developers. Those deals can include provisions about hiring local workers, including affordable housing and funding for community programs.

“Let’s make sure we’re benefiting from the dollars we’re putting out,” Jackson said.

Another priority would be flooding and illegal dumping. Jackson said she would push for more regular maintenance and cleanings for drainage ditches and bayous, and seek to broaden access to dump sites, which she said require a driver’s license and matching electricity bill. Many renters lack those documents, which contributes to dumping, she said.

I did an interview with Cynthia Bailey in November of 2019, which was intended for that year’s December runoff. That was before all the craziness about her eligibility to be on the ballot and the long drawn-out legal process that finally wrapped up a couple of months ago. I don’t know how relevant this is now, given how much has changed since we spoke, but here it is:

I did make contact at the time with Tarsha Jackson for an interview as well, but by the time we connected the runoff had already been pushed back, and we agreed to try again later once the legal maneuvering had ended. That didn’t happen, as I did not get back to her, so this is the best I can do.

The PDF map of early voting locations is here, along with the times they will be open. Note that there are also runoffs for the cities of Baytown, Humble, La Porte, and Nassau Bay, and there is at least one EV location in each of those places. There are also three drive-through EV locations, two in District B and one in Baytown. Get out there and vote while you can.

The next elections

Just a reminder, there are two elections on the calendar for December:

See here for the background. The first link in that tweet goes to this County Clerk press release, which came out right after the election was officially set by the court. Doesn’t look like early voting information is available at harrisvotes.com yet, but I expect it will be soon. Oh, and if somehow you or someone you know who lives in the district is not registered to vote, the deadline to do so and vote in this election is tomorrow.

Meanwhile, up north:

Gov. Greg Abbott announced Saturday that Dec. 19 will be the date for the special election runoff to succeed state Sen. Pat Fallon, R-Prosper.

The runoff in Fallon’s solidly red district pits state Rep. Drew Springer, R-Muenster, against fellow Republican Shelley Luther, the Dallas salon owner who was jailed earlier this year over her refusal to close her business due to coronavirus restrictions.

Early voting for the runoff will start Dec. 9, Abbott said.

Luther and Springer finished close together in the Sept. 29 special election, which included three other Republicans and a Democrat. Luther edged out Springer, 32.17% to 31.93%, ahead by 164 votes out of 68,807 total.

That story is from October – there were just too many other things happening around then to blog about a two-months-out special State Senate election, but now is a better time for that. If Rep. Springer wins, then there will be another special election to fill his seat. Some years we get a fair bit of shuffling after the November election. In 2019, we had a special election to fill SD06 after now-US Rep. Sylvia Garcia was elected in CD29, then another special election to fill HD145 after now-Sen. Carol Alvarado won that race. Specials were also needed in HDs 79 (Joe Pickett resigned due to health issues) and 125 (Justin Rodriguez was appointed to Bexar County Commissioners Court). You never know what may happen this year. One way or another, it’s always election season somewhere.

District B runoff officially scheduled

Hooray!

Cynthia Bailey

At long last, voters in the north Houston neighborhoods that make up City Council’s District B will get to select a new representative in December.

Visiting state District Judge Grant Dorfman on Monday ordered the long-delayed runoff to be held Saturday, Dec. 12, almost exactly a year after the election was originally scheduled last year. Tarsha Jackson, a criminal justice organizer, and Cynthia Bailey, a neighborhood advocate, will face off in the election.

That is the same date for any runoffs necessitated by the Nov. 3 general election.

[…]

Tarsha Jackson

Council member Jerry Davis, the incumbent set to leave office last January, has remained in the seat to ensure the district had representation during the legal fight. Davis narrowly was defeated in his July runoff against state Rep. Harold Dutton for the District 142 seat Dutton has held since 1985.

District B includes nearly 200,000 people from many historic north Houston neighborhoods, such as Acres Homes, Kashmere Gardens and Settegast. The district stretches up to include Greenspoint and Bush International Airport. It has the second-highest concentration of Black residents, 47 percent, in the city.

See here for the background. Not much else to say here, we’ve been waiting a long, long time for this. It’s time to finally get a new Council member in District B.

We are finally about to get that District B runoff scheduled

About damn time.

Cynthia Bailey

A court hearing set for Oct. 19 finally could end the election dispute that has delayed a runoff in Houston city council’s District B for nearly a year.

A state district judge is scheduled to hear an unopposed motion to set the election for Saturday, Dec. 12, which would be almost exactly a year after the initial runoff on Dec. 14, 2019.

Houston, Harris County and the three candidates involved in the dispute support that election date, according to legal filings.

Tarsha Jackson

That would mean voters in District B, which is concentrated in north Houston and stretches up to Bush International Airport, could elect a new representative in December.

Tarsha Jackson and Cynthia Bailey were the top two finishers in the general election last November and now would proceed to the runoff.

[…]

The runoff could not be held on Nov. 3 because state law mandates it be held on the same date as the original election, which was a Saturday.

The date of the court hearing was delayed because state law prescribes a maximum amount of time between the court order and the runoff. Oct. 19 was the earliest date possible for a court order to get on the Dec. 12 ballot, according to legal filings.

See here for the previous update. December 12 is the date that a city runoff election would have been held this year, if there had been any city elections on the November ballot. It’s always the second Saturday in December. It sounds like this court hearing is pro forma, so once it’s over we should have an official, scheduled runoff election date. All I san say is “Hallelujah”.

Appeals court upholds District B ruling

We will finally get a runoff election in District B.

Cynthia Bailey

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

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

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

Tarsha Jackson

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

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

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

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

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

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

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

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

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

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

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

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

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

Hey, remember District B?

This makes me so mad.

Cynthia Bailey

For the last couple months, Tarsha Jackson has organized north Houston neighborhoods around criminal justice reform, helping to release a “Justice Can’t Wait” policy platform she said the city could enact immediately.

Cynthia Bailey has been working in the same communities, solving what she calls “neighborhood issues” and distributing masks and food amid the COVID-19 pandemic, which has disproportionately affected underserved communities like those in north Houston.

Renee Jefferson-Smith said she has helped ensure seniors there have hot meals and groceries.

They are familiar roles for candidates running for local office, but lately frustrating ones. Other candidates who ran on the same ballot last fall have been in office for seven months now, working within City Hall to enact policies they favor and helping to deploy city services to constituents that need them.

Tarsha Jackson

The election Jackson, Bailey and Jefferson-Smith ran in — the District B seat on city council — has been on hold since December amid an ongoing legal battle over the ballot.

District B, a majority Black and Latino area between just northeast of downtown to George Bush Intercontinental Airport, has been particularly challenged by the coronavirus pandemic.

Incumbent Jerry Davis, who ran unsuccessfully for a spot in the Texas House, has remained in the seat to ensure district residents have representation. Still, many residents and community leaders there feel left behind.

“They have gone from being upset about it, to trying to understand, to now they’re mad as hell,” said Angeanette Thibodeaux, president of the Acres Homes Super Neighborhood Council. “How ironic is this? How terrible is this? That in a time when we need representation and leadership and support, the one district that needs it more than any is disenfranchised once again. That hurts. In the pit of my stomach, that hurts.”

[…]

The candidates’ lawyers expect an appellate ruling in early August, perhaps as soon as next week, that they hope will settle the matter. Mayor Sylvester Turner has said the city will call an election as soon as the courts decide it can.

See here, here, and here for some background. First and foremost, I’m mad that our laws continue to punish people who have otherwise completed in full the sentence for whatever past crime they may have committed. Cynthia Bailey had as much right to be on that ballot as anyone. We need to fix these racist old laws.

Second, I’m mad at Renee Jefferson Smith for dragging this out. I can understand that she felt like the system wronged her, but the damage she has caused far outweighs any injury she may have received. At any point, she could have accepted the result, allowed the voters of District B to select their next Council member, and worked to change or clarify the law so that this situation would not happen again. She could have chosen to put the district’s needs ahead of her own, but she did not. She may prevail in court – I don’t think that would be a just outcome, because you cannot conclusively determine that she would have finished in the runoff had Cynthia Bailey never been on the ballot, but it is a possible ruling we could get – but if so she does not deserve to be rewarded for it. The only acceptable result at this point is for Tarsha Jackson or Cynthia Bailey to be the next Council member in B.

And just think, this situation could be even worse right now. If Jerry Davis had won his primary runoff against Harold Dutton, then District B would have no one sitting at the Council table for them, for however long it would take to get a court ruling. Even that could come with a down side, as the possibility still exists that someone will file a lawsuit over some vote or other action Davis has taken while serving as Council member-in-overtime, on the grounds that he was not legally able to serve past the end of his term. That hasn’t happened yet thank God, but it still could.

At this point, if we get a ruling before August 17, I think we can have the runoff on the November ballot. I’m assuming here a ruling that denies Jefferson Smith’s appeal and verifies that Tarsha Jackson and Cynthia Bailey are the only candidates for the office. I don’t know if this has to be approved by City Council or not, but if so we’ll need the ruling even sooner than that, say by August 10. It would be very nice to get that ruling this week. And if Jefferson Smith prevails and we need to have some kind of do-over…I don’t even want to think about it. Let’s just file this in the “Underappreciated Ways In Which 2020 Has Sucked” folder and go from there.

District B lawsuit drags on

Double ugh.

Cynthia Bailey

It could be another four to five months before voters in Houston’s District B can select a new city council member, extending a delay that has held up a runoff there since December.

The Houston-based First Court of Appeals previously denied requests from top vote-getters Tarsha Jackson and Cynthia Bailey to expedite the appeal process of the legal case that has held up the runoff. On Tuesday, the appellate court also denied a request to dismiss the case outright.

Doug Ray, assistant Harris County attorney, said the two sides now will exchange briefs on a standard schedule, a process he said could take four or five months.

The runoff was supposed to be in December with a dozen other city contests, and the winner would have taken her seat in January. It was pulled from the ballot amid the ongoing litigation. Now, it will miss the May 2 ballot, as well.

“Who knows when there will be an election?” said Larry Veselka, the attorney representing first-place finisher Jackson. “It’s ridiculous.”

[…]

Oliver Brown, attorney for Cynthia Bailey, said Jefferson-Smith’s team is just “beating a dead horse.”

“That’s all they’re doing now,” Brown said. “They’re costing these candidates money, because they keep trying to ramp up their campaigns, and then they have to stop.”

See here and here for the previous updates. This week is the deadline for printing mail ballots, so the absence of an expedited ruling or a dismissal of the appeal means we continue slogging our way through the process. There’s a calendar date for the case for March 23, so the May election is right out at this point. Next up, barring an expedited election date granted by the state, is November. I don’t even want to think about what could happen to that possibility. What a freaking mess.

District B ruling appealed

Ugh.

Cynthia Bailey

The date of Houston’s stalled city council District B runoff is again in question after the third-place finisher in the race moved forward with an appeal of a court order earlier this month that the runoff go on without her.

The runoff, currently scheduled for May 2, could be delayed if a ruling is not final by March 9. The election was pulled from the Dec. 14 ballot, when a dozen other city runoffs were decided, because of the litigation.

Lawyers for Renee Jefferson-Smith previously indicated they had not decided whether to pursue an appeal of Visiting Judge Grant Dorfman’s ruling that the runoff between the top two vote-getters in the November election, Tarsha Jackson and Cynthia Bailey, should go forward.

On Thursday, however, Jefferson-Smith’s legal team filed what is called a docketing statement with the appeals court, indicating they were moving forward.

“We will request that the Court stay the City of Houston Election for City Council Member for District B pending appeal pursuant to” the Texas Election Code, the filing said. It listed a lawyer not previously involved in the case, Dorsey Carson, Jr., as lead attorney.

[…]

Jackson said she thinks Jefferson-Smith and her backers are just trying to delay the election at this point, and she called on leaders to do something to stop the delays.

“This appeal is not fair to the people of District B, it’s not fair to me and the other 12 candidates who ran to represent District B,” she said.

See here for the previous update. I suppose leaders could try to pressure Renee Jefferson-Smith into dropping the appeal, but you’d think if that might have worked she wouldn’t have filed it in the first place. At this point, a fast ruling from the court is the best bet. What a freaking mess this has been.

Chron overview of the HD142 primary

Also known as the How Mad Are People At Harold Dutton? primary.

Rep. Harold Dutton

Longtime state Rep. Harold Dutton is facing the most serious re-election test of his 35-year political career in an acrimonious primary against two Democratic opponents.

The race, which has generated few headlines but produced ample tension between the candidates, pits Dutton against Houston District B Councilman Jerry Davis and transportation logistics executive Richard Bonton. A fourth candidate, Natasha Ruiz, does not appear to have a campaign website and has yet to file any campaign finance reports.

Imperiling Dutton’s re-election is a well-funded challenge from Davis, who since 2012 has represented much of the same northeast Houston territory as Dutton, including Fifth Ward, Kashmere Gardens and Trinity/Houston Gardens.

The candidacy of Bonton, who ran unsuccessfully for the seat in 2018, also raises the prospect that Dutton could be forced into a runoff for the first time since his initial run for the seat in 1984, said Michael Adams, chairman of Texas Southern University’s political science department.

“I think it’s a very competitive race,” Adams said. “Harold is a long-standing incumbent, but that cuts both ways, because Jerry has a lot of recognition from his city council races.”

Nothing has drawn more attention in the race than Dutton’s role in crafting a 2015 law that requires the Texas Education Agency to penalize a district if any of its schools fails state standards for five consecutive years by closing the school or replacing the school board.

[…]

Dutton shrugs off the criticism over HISD, noting that the law received widespread bipartisan support when it sailed through the Legislature five years ago.

“I stand by it totally,” Dutton said. “I just couldn’t in good faith sit there and do nothing while these students linger in the education toilet. HISD, like most school districts, could have taken the opportunity to fix the schools. That’s what could have happened and should have happened, but didn’t happen.”

I just don’t know what to make of this one. It’s certainly the strongest challenge Rep. Dutton has faced in a long time – he made it through the Craddick years without being targeted – I just don’t know how much people will hold the TEA takeover stuff against him. He’s right, the bill had broad support when it passed, and there’s certainly a case that if a school continues to struggle year after year, it’s being failed by its district as much as anything else. On the other hand, he doesn’t have much money, he probably doesn’t have much of a field operation (since he’s never needed to have one, and he’s far from the first name you think of when you think of team players in the countywide campaign), and he doesn’t have much in the way of establishment organizational support. Labor has mostly sided with Davis (with the exception of the Texas State Teachers Association, which may see him as a friendly incumbent), as has the GLBT Caucus, while HBAD has endorsed Bonton, and the Texas Coalition of Black Democrats co-endorsed Bonton with Dutton. Maybe the high expected turnout will help him, as he’s likely the best known name on the ballot even after Davis has won three elections, and maybe less-frequent voters will feel less affinity for him. I really have no idea. If you live in the district and have seen the campaign activity there, please leave a comment.

The Jerry Davis situation

Someday, this is going to be taught in political science classes. And possibly law schools.

CM Jerry Davis

The ongoing election dispute in District B has put Jerry Davis in a peculiar position, seemingly caught between two provisions of the Texas Constitution as he challenges longtime incumbent state Rep. Harold Dutton in the March 3 Democratic primary.

And it is unlikely to change until the courts clear the way for voters to cast ballots in the long-delayed runoff for his council seat.

Until then, Davis is stuck in the council seat he was supposed to leave in January because of term limits.

[…]

With no new council member seated by the first of the year, Article XVI, Sec. 17 of the Texas Constitution kicked in, requiring Davis to remain in the District B seat until his successor can be elected and seated.

“All officers of this State shall continue to perform the duties of their offices until their successors shall be duly qualified,” the provision reads.

When Davis filed Dec. 9 to challenge Dutton for the District 142 seat in the Texas House, it raised another constitutional clause, this one found in Article III, Sec. 19.

That provision says no public official who holds a “lucrative office… shall during the term for which is he elected or appointed, be eligible to the Legislature.”

Texas Supreme Court rulings have held that any paid public office, no matter how small the compensation, is considered “lucrative.” Additionally, the high court has ruled that the eligibility requirement extends to one’s candidacy.

A Houston city council salary is around $63,000 a year.

To date, no one has challenged Davis’ eligibility.

The councilman said he believes he is in the clear because his elected term ended in January. Democratic Party officials, tasked with determining eligibility for primary candidates, say they believe he qualifies because his appointed term as a hold-over should end long before he would join the Legislature next January if he wins.

And Dutton has not lodged any complaints or challenges. That could change, should Davis prevail in the March election.

Buck Wood, an authority on Texas election law who has represented clients in landmark Supreme Court rulings on the subject, said the law holds that candidates have to be eligible while they are running for office, not just on the date they take it.

Since Davis still is on the council, someone could make the case that he is not eligible, he said.

“The problem is, the court has also held that you have to be eligible as of the date that you file,” Wood said.

The interaction of those two constitutional clauses is an open legal question, left unresolved for now by Texas judges.

“The courts have not ruled on that hold-over provision,” he said.

It gets deeper into the weeds from there, and I’ll leave it to you to read up. For now, all is well and legal and good. Until such time as someone files a lawsuit – either Dutton over Davis’ eligibility to be on the ballot (an irony that may wash us all into the sea), or a city resident alleging that some action Davis has taken since January 1 as Council member is invalid, or maybe some other claim I can’t envision right now – there are no problems. Maybe we’ll make it all the way to the (we hope) May runoff in District B and there will still be no problems. It can all come crashing down at any time, and if that happens it’ll tie up the legal system for years, but for now, make like Wile E. Coyote and keep on running. As far as you know, the end of that cliff has not yet arrived.

(Note: this story ran, and I drafted this post, before the ruling in the District B runoff lawsuit. The fundamentals are the same, as Davis will still be serving till we have a runoff winner.)

Bailey stays on District B runoff ballot

Hopefully, this is the end of the line.

Cynthia Bailey

In a long-awaited decision, a visiting judge ruled Tuesday that a Houston city council candidate who has a felony conviction should remain on the ballot for the District B runoff, declining a plea from the third-place finisher to replace her on the ballot.

Renee Jefferson-Smith, who finished 168 votes behind Cynthia Bailey in the Nov. 5 general elections, had argued that Bailey’s 2007 felony conviction for theft made her ineligible and the city erred in not declaring her as such before it certified the November results.

Jefferson-Smith’s lawyers cited a state law that says candidates cannot have felony convictions from which they have not been pardoned or otherwise released from its “resulting disabilities.” It doesn’t define that phrase, which has invited confusion about who qualifies and who does not.

She asked the judge to rule that the city should have declared Bailey ineligible and then place Jefferson-Smith on the runoff ballot with top vote-getter Tarsha Jackson.

Special Judge Grant Dorfman declined to do so, saying that Jefferson-Smith did not “conclusively prove Contestee Bailey’s ineligibility.”

“No grounds were presented that warrant the voiding of the November 5, 2019 election,” Dorfman wrote.

In a separate order, Dorman called for a May 2 runoff between Jackson and Bailey.

[…]

Dorfman also clarified that his rulings did not resolve an earlier case that Jefferson-Smith filed, in which she asked a judge to declare Bailey ineligible. The judge in that case dismissed that request, and appeals courts have declined to order the city itself to declare her ineligible.

Nicole Bates, an attorney for Jefferson-Smith, said shortly after the ruling was released that she had to consult her client before deciding whether they would appeal the ruling.

See here for the previous update. We’d been expecting a ruling last week, but I’ll let it slide. And Lord knows, I hope Jefferson-Smith accepts the defeat and does not appeal. It’s time to let District B vote.

District B lawsuit has its hearing

Feels like we’ve been waiting forever for this.

Cynthia Bailey

Lawyers for the third-place finisher in Houston city council District B’s election told a judge Friday that the city erred in failing to declare an opponent ineligible because of her felony conviction and asked the court to throw out the votes that landed Cynthia Bailey in a still-to-be-scheduled runoff.

The judge, they said, should discount the votes Bailey received in the Nov. 5 election and put their client, Renee Jefferson-Smith, into the runoff against top vote-getter Tarsha Jackson.

Visiting Judge Grant Dorfman did not make a ruling Friday, but said he hoped to have a decision by the end of next week.

[…]

Jefferson-Smith’s legal team argued that Bailey’s well-documented 2007 felony conviction makes her ineligible to run under state law, and the city should have declared her as such when they they submitted a packet of supporting documents to the city secretary on Nov. 13. Bailey served 18 months of a 10-year sentence for stealing hundreds of thousands of dollars in checks from North Forest Independent School District.

Jefferson-Smith is basing her case on a state law that says a person cannot run for elected office if he or she has been finally convicted of a felony from which they have not been pardoned or otherwise released from its “resulting disabilities.”

The law does not define “resulting disabilities” and courts have interpreted it differently. Bailey has said she can run because she completed her sentence and can vote. Jefferson-Smith’s team has cited at least one case in which a candidate similarly disclosed a conviction and then was almost immediately removed from the Galveston City Council under the same law.

The City of Houston received documents from Jefferson-Smith’s lawyers on Nov. 13 — a week after Election Day, but before city council canvassed the results. The documents included a Harris County record of Bailey’s conviction and a Texas Attorney General opinion stating that restored voting rights do not mean a restored ability to run for office.

“They are not allowed to ignore conclusive proof of ineligibility,” said Lindsay Roberts, a lawyer for Jefferson-Smith. “They have to make that determination of eligibility and, importantly, they have to do so before certification.”

Attorneys for the city rejected those claims, arguing the submitted documents did not conclusively prove that Bailey had not been cleared of those “resulting disabilities.” They also said the documents were sent and received after Jefferson-Smith already had lost two court rulings in a separate lawsuit.

In that case, filed two days after the election and separate from the one heard Friday, Jefferson-Smith asked a judge for an emergency order — and then a preliminary injunction — declaring Bailey ineligible. Both requests were denied, and the First Court of Appeals and Texas Supreme Court have upheld those rejections.

With those initial denials in mind, Senior Assistant City Attorney Suzanne Chauvin said, the city council certified the results Nov. 18, as it is required by law to do.

“Essentially, they’re saying we should have second-guessed two rulings by the district court,” Chauvin said.

See here for the previous update. As you know, as a matter of principle, I disagree with Jefferson-Smith’s argument. I think the city should have accepted Bailey’s application, as they did with several other candidates who had prior felony convictions, and if there needed to be a legal challenge it should have happened after the filing deadline and before the election. That’s all water under the bridge now, and hopefully something the Lege will address (in a constructive manner) in 2021. For now, all I care about is getting a ruling, and then maybe a confirmed date for the next election. I don’t envy Judge Dorfman the decision, and I really hope that any appeals are resolved quickly.

District B runoff lawsuit hearing set

Let’s hope for a quick verdict.

Cynthia Bailey

The stalled runoff in Houston city council District B likely will have to wait until May, if not longer, leaving north Houston neighborhoods without a new representative for months after the council convenes in January.

The election has been mired in a lawsuit that county officials said forced them to pull the race from the Dec. 14 ballot, when the dozen other city runoffs were decided. It then also missed the deadline to make the Jan. 28 ballot, when the county was holding a special election for a vacant seat in the Texas House of Representatives.

While the lawsuit inched a bit closer to a resolution Friday, with set of a trial date on Jan. 24, county officials said the runoff could not be held on March 3, when a slew of primary contests will be decided. Texas law states that “no other election may be held on the date of a primary election.”

County officials said the next scheduled election would be May 2, when smaller cities and school districts typically hold municipal and board elections, though a judge could have discretion on whether to schedule a special election. Harris County Special Assistant Attorney Douglas Ray said the County Clerk’s office would need about seven weeks notice to conduct a special election.

[…]

Presiding Judge Susan Brown set the Jan. 24 trial date Friday and tapped former Harris County Judge Grant Dorfman to be the special judge on the case.

The appointment is required by state law, which calls for a special judge whose judicial district does not include any territory covered by the election and who does not live in the territory.

See here and here for the background. At this point, there are three possible outcomes:

1. A final ruling from a court. That doesn’t mean it has to go all the way to the Supreme Court, just that the higher courts refuse to hear an appeal. The ideal situation here is for this to happen in time for the May election. I don’t even want to think about how much longer this could get dragged out if there isn’t a final resolution by mid-March, which would be the legal deadline for this election to happen in May.

2. Renee Jefferson Smith quits pursuing the case. Maybe that happens after the district court rules, or maybe she just decides at some point it’s no longer worth it to her. The first possibility could happen, the second seems extremely unlikely.

3. Cynthia Bailey could choose to withdraw from the runoff and concede the election to Tarsha Jackson. In theory, if she did that today, Tarsha Jackson would be sworn in with the other Council members in January. I say “in theory” because Jefferson Smith could continue to litigate, with the claim that Bailey shouldn’t have been on the ballot at all, so either the whole election should be done over or there should be a Jackson-Jefferson Smith runoff for the seat. I don’t think that argument would get very far in a court, but she might be allowed to make it, in which case we’d still be on hold till that was resolved. I also think it’s highly unlikely that Bailey would throw in the towel – she’s come this far, she’s making a principled stand on a righteous position, she’s not the one holding everything up – but it’s a thing that could happen.

Add it up, and the the best case scenario is likely the May 2 election. Hope for the best, that’s all I can say.

Meanwhile, in other Council race news:

With that, the District H race is settled. Congratulations to Karla Cisneros for her victory, and my sincere thanks to Isabel Longoria for running a strong and engaging race.

UPDATE: Stace has more.

Council results

With one race still up in the air as I draft this:

With early voting tallies and most of Saturday’s Election Day results posted, Houston’s three incumbent at-large council members facing runoffs had won, while District H incumbent Karla Cisneros held the slimmest of leads over challenger Isabel Longoria. Four other incumbents already have reclaimed their seats, having won outright on Nov. 5: Dave Martin (District E), Greg Travis (District G), Robert Gallegos (District I) and Martha Castex-Tatum (District K).

At least half of the 16-member council will be new — five current members are term-limited and three vacated their seats: Dwight Boykins (District D) made a failed bid for mayor, Amanda Edwards (At-Large 4) is seeking the Democratic nomination for U.S. Senate, and Steve Le (District F) decided not to seek re-election.

One council race will not be decided Saturday: The third-place finisher in District B has filed lawsuits contesting the election and challenging the second-place finisher’s eligibility, citing her 2007 felony theft conviction and a state law that appears to bar candidates with such convictions from running for office. No election date has been set.

The simplest way to summarize what happened is this tweet:

With 367 of 385 voting centers reporting, Karla Cisneros had a 25-vote lead over Isabel Longoria. It had been a 14-vote lead with 323 centers reporting. Longoria had chipped away at Cisneros’ lead all evening. I have to think this one is going to get recounted, so whatever the final numbers are, expect this to remain an unsettled question for a little longer.

The At Large results could have been better, but they were sufficiently close in #4 and #5 that they also could have been a lot worse. When Mayor Turner puts forward a new version of HERO, he should have ten of sixteen Council votes in his favor. We’ll see how that goes. In the meantime, congratulations to all the winners.

We continue to wait on the District B runoff

Ugh.

Cynthia Bailey

Any hope for a speedy resolution to a lawsuit that is holding up the runoff for Houston’s District B city council seat evaporated Wednesday when the presiding judge for the Houston region said she would not assign a special judge to take over the lawsuit until the state Supreme Court weighs in on a related case.

“Once that happens, she will make an assignment if necessary,” said Rebecca Brite, assistant for Presiding Judge Susan Brown. “We do not know when that will be.”

Brown is the presiding judge for the 11th Administrative Judicial Region of Texas, which includes Harris, Galveston, Fort Bend, Brazoria, Wharton and Matagorda counties.

Attorneys on both sides of the dispute had expected Brown to make an assignment in the contentious case by Wednesday.

[…]

Two days after the election, Jefferson-Smith asked a judge for an emergency order declaring Bailey ineligible. Judge Dedra Davis denied that request, as did the First Court of Appeals. The attorneys now are submitting arguments to the state Supreme Court.

Meanwhile, Jefferson-Smith filed a separate lawsuit on Nov. 15, formally contesting the election results and renewing the argument about Bailey’s eligibility.

[…]

“We are waiting for the complete appellate process to conclude,” Brite said.

Nicole Bates, who represents Jefferson-Smith, had said earlier this week she expected an assignment by Wednesday “at the latest.”

“I think (the appeal) clears the path to address those issues concerning eligibility, that the election contest will not,” Bates said after Brown’s announcement.

Bailey’s lawyer, Oliver Brown — no relation to the presiding judge — said the appeal would not resolve the election contest that county officials say is holding up the runoff.

“It should’ve happened already,” Brown said of the judicial assignment.

See here for the previous update. I assume that Jefferson Smith had filed a writ of mandamus, which is now with the Supreme Court, to request that Bailey be removed from the ballot. That was the mechanism that the HERO haters used to get their referendum on the ballot in 2015. The Supreme Court moves on its own timeline, though perhaps the exigent circumstances in this case will motivate them to shake a leg. But whatever the case, we’re waiting on them for the second lawsuit to be assigned and heard. I wasn’t optimistic before, and I’m less so now. I truly have no idea how long this will take.

District B runoff lawsuit moved to another court

Still up in the air.

Cynthia Bailey

A Harris County judge on Monday referred the lawsuit stalling a runoff in Houston city council District B to another court, casting more uncertainty about when the contentious case will be resolved and when voters will choose a new council member.

[…]

Monday’s hearing in the case did not address the central claims of the lawsuit. [Plaintiff Renee] Jefferson-Smith has contested the Nov. 5 results and argues that [candidate Cynthia] Bailey’s felony conviction makes her ineligible for office.

Instead, the hearing focused on legal procedure. Attorneys for Bailey and Jackson argued Jefferson-Smith’s lawsuit did not constitute a proper election contest because she did not dispute the results. They asked the court to dismiss the case.

Judge Cory Don Sepolio declined, referring the case instead to the regional authority tasked with assigning a special judge. He cited a state law that says judges in the county where an election took place can’t hear a contest in that election.

Nicole Bates, attorney for Jefferson-Smith, said she expects the judicial assignment to be made in the next couple days. She hailed the move as a win.

“We are happy with this decision and look forward to pursuing the election contest, and hopefully we can give the voters a true choice on a candidate that can actually be seated,” she said.

[Candidate Tarsha] Jackson called the decision “disappointing.”

“The people of District B should be voting right now with the rest of Houston,” Jackson said. “We need to get on the ballot as soon as possible — in January — and I’m going to keep fighting to make sure people can exercise their right to vote.”

The lawsuit is the second case Jefferson-Smith has filed. In the first, a judge declined her request for an order declaring Bailey ineligible. Jefferson-Smith is currently asking the Texas Supreme Court to review that decision.

See here, here, and here for the background. I just want this to be over in a timely fashion, so that the people can finally get to vote. This is such a mess.

8 Day runoff 2019 campaign finance reports

We start with a Chron story.

Mayor Sylvester Turner raked in more than $1.7 million from late October through early December and spent roughly the same amount, leaving him with almost $600,000 for the final days of the runoff, according to a campaign finance report filed Friday.

The total marked a fundraising surge for Turner, who was aided by newly reset donor contribution limits for the runoff, though he still was outspent by Tony Buzbee, a millionaire trial lawyer and the mayor’s opponent in the Dec. 14 contest.

Buzbee, who is self-financing his campaign and refusing all campaign contributions, put $2.3 million of his own money into the campaign last month and spent almost $3.1 million between Oct. 27 and Wednesday, leaving him with about $524,000.

With a week to go in the election, Buzbee and Turner have now combined to spend about $19 million in what has become easily the most expensive Houston mayoral race yet. Buzbee has spent $11.8 million of the $12.3 million he has put into his campaign account, while Turner has spent $7.2 million since the middle of 2018.

As an earlier story notes, self-funding has only occasionally been a winning strategy in Houston. I don’t expect it to be any different this time, but I do note that Buzbee’s basic strategy has changed. I still haven’t seen a Buzbee TV ad since November, but we’ve gotten a couple of mailers (someone needs to clean up his database if he’s mailing to me), I’ve seen a bunch of web ads, and he’s been littering the streets with signs. Gotta spend that money on something.

Here’s a summary of the 8 day reports for the runoff:


Race   Candidate     Raised      Spent     Loan     On Hand
===========================================================
Mayor  Turner     1,741,906  1,722,625        0     597,624
Mayor  Buzbee     2,300,000  3,076,360        0     524,420

A      Peck          38,075     39,252    5,000      15,373
A      Zoes           6,600      7,562    4,000       3,723

B      Jackson
B      Bailey           355        284      200          70

C      Kamin        180,528    137,396        0     173,370
C      Kennedy       35,160     18,343        0      25,995

D      Shabazz       31,490     28,575        0       5,009
D      Jordan        28,190     11,688        0      53,724

F      Thomas        
F      Huynh         

H      Cisneros      54,700     75,012        0      41,632
H      Longoria      36,945     32,906        0      20,946

J      Rodriguez
J      Pollard       38,016     47,147   40,000      22,864

AL1    Knox          69,710     49,857        0      16,073
AL1    Salhotra     128,672    121,736        0      64,150

AL2    Robinson     111,280    199,791        0     189,649
AL2    Davis         27,725     10,367        0      19,816

AL3    Kubosh        72,215     69,164  276,000     113,500
AL3    Carmouche     17,570     11,757        0       5,812

AL4    Plummer       41,915     44,501   21,900      12,443
AL4    Dolcefino     19,215     17,482        0       6,478

AL5    Alcorn       195,105    154,757        0      49,463
AL5    Dick           1,100     65,205   75,000       2,545

I think there must be some reports that have not been uploaded – the Chron story mentions Sandra Rodriguez’s numbers, but there was no report visible on Saturday. It and the others may be there on Monday. In the Council races, what we see here is a continuation of what we had seen before. Big fundraisers raised big money, others didn’t. Eric Dick did his spend-his-own-money-and-file-weird-reports thing. Most of the spending has not been particularly visible to me – I’ve gotten a mailer from Robinson and Turner, and that’s about it.

How much any of this moves the needle remains to be seen. As we know from the Keir Murray reports, the runoff electorate is very similar in nature to the November electorate. That’s obviously better for some candidates than for others. If you think of fundraising in runoffs as being like the betting markets to some extent, then we’re probably headed towards the expected results. We’ll see if there are any surprises in store.

Willie D will not be on the Democratic primary ballot

He wanted to run for Commissioners Court but his application was rejected because of his previous felony conviction.

Willie Dennis

Former Geto Boys rapper William “Willie D” Dennis wants to run for Harris County Commissioners Court, but local Democratic party officials rejected his application to get on the ballot, citing his criminal history and a state law that has become a lightning rod in north Houston politics over the last month.

Dennis filed an application Thursday with the Harris County Democratic Party, seeking to challenge incumbent Rodney Ellis for the court’s Precinct 1 seat. He said he wants to bring his unique perspective to government.

On Saturday, the party notified him that he was ineligible because of his 2010 felony conviction for wire fraud charges, stemming from an iPhone sales scam.

The party cited a state law that forbids candidates from running for public office if they have been convicted of felony from which they have not been pardoned or otherwise released from its “resulting disabilities.”

The statute doesn’t define that phrase and has invited varying interpretations that have not been definitively resolved by courts. It is currently the subject of a contentious lawsuit surrounding the stalled runoff in the Houston city council’s District B election.

“I would add that this is not my decision,” said party chair Lillie Schechter. “We follow the Texas Election Code.”

Officials told Dennis that they would reconsider the ruling if he could provide examples in which candidates with felony convictions were allowed to assume office, Schechter said.

Dennis said he was looking at options to appeal the decision. It marks the second time this year his political plans have been foiled by his conviction. His campaign for the District B seat was similarly derailed by eligibility concerns.

“I want my rights back — all of them,” Dennis told the Chronicle Saturday. “I did my time, now give me my rights.”

See here and here for the story of his attempt to run for District B. As far as the ongoing District B runoff situation goes, the latest news is that the hearing we were supposed to get on Friday was rescheduled for today. If there’s an immediate ruling that may provide clarity for both of those situations.

As to why the HCDP would not accept this ballot application when the city accepted Cynthia Bailey’s (and several others’), I’d say it’s simply a difference of interpretation. William Dennis himself said that he decided not to file in District B because he didn’t want to risk perjuring himself by swearing on the affidavit that he hadn’t been finally convicted of a felony. The initial ruling in the lawsuit filed by Renee Jefferson Smith that allowed Cynthia Bailey to stay on the runoff ballot gave him the confidence to try again, but the underlying law remains unclear. I don’t blame him for being upset and confused by this. This needs to be fixed by the Legislature, ideally in a way that allows people who have completed their sentences to fully participate in our – and, ideally, their – democracy again. Until then, we have a mess.

It could be March before District B gets to vote in their runoff

And honestly, by the same calculations, it could go later than that.

Cynthia Bailey

The Houston City Council District B runoff could be delayed until March if a lawsuit contesting last month’s election result is not resolved by Monday, the Harris County Attorney’s office said.

The third-place finisher in the race filed the contest, arguing that second-place finisher Cynthia Bailey’s felony conviction bars her from holding public office.

Meanwhile, incumbent District B Councilman Jerry Davis said he intends to hold the seat until a successor is elected, while Harris County Precinct 1 Commissioner Rodney Ellis said the runoff should not have been delayed.

“There’s a lot of people out there that are angry,” Ellis said at this week’s Commissioners Court meeting on Tuesday. “And to be honest with you, I’m angry as well.”

Assistant County Attorney Douglas Ray said Dec. 9 is the deadline to place District B on the Jan. 28 ballot, which also will feature the runoff for the vacant District 148 seat in the Texas House of Representatives. The county will begin sending mail ballots for that election next week, Ray said.

“We don’t want to have to run another election in addition to the ones that we’re already doing,” Ray said.

A hearing on the election contest has been scheduled for Friday.

See here for the previous update. According to the Secretary of State, the deadline to send out the mail ballots for the March primary election is January 18th. That means that if we don’t have a resolution by the 9th, we have a bit less than six weeks to get resolution in time to have the election in March. Otherwise, the next opportunity is May. Isn’t this fun?

The District B race was a topic of discussion at Commissioners Court, where Ellis questioned whether the county should have yanked the runoff from the ballot. He suggested the county attorney could have sought to quickly dismiss Jefferson-Smith’s suit so the runoff could proceed as scheduled.

Ellis said the county’s decision sets a dangerous precedent where any disgruntled party could cause delays to an election.

“We’re going to be the laughingstock of the country if there’s some last-minute challenge, and then somehow we’re going to affect the presidential primary on Super Tuesday,” Ellis said.

County Judge Lina Hidalgo suggested the county attorney’s office develop a strategy to more quickly resolve election challenges in the future.

To be fair, the fact that the state law in question is ambiguous and has not been resolved by a court is part of the problem. Short of declaring Bailey ineligible when she filed, I’m not sure what the County Attorney can do or could have done. That said, I Am Not An Attorney, and they are (it’s right there in the name), so maybe they can think of something. Whatever they do think of, getting that law fixed needs to be a priority as well.

City and county leaders have said they support keeping Davis on council until his replacement is named.

“Although his term will expire on January 2, 2020, the City expects Council Member Jerry Davis to serve on a holdover basis (if necessary) until his successor is elected and qualified for office,” said Alan Bernstein, communications director for Mayor Sylvester Turner.

While some question whether that may run afoul of the city’s term limits, Davis and county officials said the Texas Constitution allows him to stay.

“All officers of this State shall continue to perform the duties of their offices until their successors shall be duly qualified,” Article XVI of the Constitution says.

I’m fine with this as well, but we all know this is another lawsuit waiting to happen, right? Lord help us if Davis is on the winning side of a 9-8 vote in Council in 2020. It sure would be nice if we get a verdict by Monday.

Another District B update

This whole situation is so unfortunate, and more than a little infuriating.

Cynthia Bailey

The two candidates who qualified for a stalled runoff in Houston City Council’s District B joined hands in unity on the steps of City Hall Friday, condemning the lawsuit filed by the third-place finisher that led officials to remove the race from the Dec. 14 ballot.

“We want to vote! We want to vote!” Tarsha Jackson and Cynthia Bailey chanted with about 40 others from the Texas Organizing Project, which has endorsed Jackson in the race and advocated for Bailey to remain on the ballot.

The candidates at the center of the contested election have taken the dispute from the courtroom to the community as they wait for legal proceedings to resume.

“I’m not going to throw a rock and hide,” Renee Jefferson-Smith, who narrowly missed the runoff and filed the lawsuit, said Thursday night at a meeting of the Acres Homes Super Neighborhood Council.

“It makes no sense to have a candidate on the ballot (if) her votes do not count,” Jefferson-Smith said. “If (Bailey) were to win in the runoff, she would not be able to take the seat. That’s what the law says. I didn’t write it, but that’s unfair.”

[…]

Jefferson-Smith initially asked a state district court judge to declare Bailey ineligible. When Judge Dedra Davis denied that request last Friday, Jefferson-Smith’s attorney filed three additional motions: an appeal of the ruling, a “mandamus” appeal seeking to replace Bailey with Jefferson-Smith on the runoff ballot, and a separate lawsuit contesting the election results.

The First Court of Appeals denied the mandamus appeal early Friday, but the ruling did not affect Jefferson-Smith’s motion contesting the election. That lawsuit triggered a portion of state law that county officials said forced them to put off the race until the suit is resolved.

Bailey’s attorney hailed the denial of the appeal as a second court victory in the saga, while Jefferson-Smith’s lawyers said it was expected after the county postponed the runoff.

See here, here, and here for the background. I have no idea what the courts will do, and I have no idea how long it may take them to do it. If we’re very lucky, we may get this race on the ballot in January, at the same time as the HD148 runoff. If not, well, who knows how long this may take.

Jefferson-Smith has said she didn’t pursue the lawsuits out of any animus toward Bailey, but the law wouldn’t allow her to take the seat, which she thinks is a disservice to voters. Her lawyers have cited a case in Galveston from 2006, in which a candidate was elected to city council despite a well-known felony conviction and then was removed from office.

“It makes no sense to have a candidate on the ballot (if) her votes do not count,” Jefferson-Smith said at a neighborhood meeting earlier this week. “If (Bailey) were to win in the runoff, she would not be able to take the seat. That’s what the law says. I didn’t write it, but that’s unfair.”

[…]

[State Rep. Jarvis] Johnson, a former District B councilman himself, said he would file a bill in the next legislative session to clarify the state law at the center of the litigation.

“The fact is if you have the right to vote, then that means you should have the right to run for office,” Johnson said.

The simplest scenario is we get the runoff, maybe on January 28 and maybe later, we get a winner and that person takes office and we’re done. We could get a runoff at some point, and after a Bailey victory another lawsuit is filed that removes her from office, in which case a whole new election has to be held. We could get what amounts to a do-over in B, in which Bailey is declared ineligible to be on the ballot but the judge refuses to declare that this means Jefferson-Smith gets to replace her so we start over. I have a hard time imagining a judge booting Bailey and putting Jefferson-Smith on the ballot in her place, but this whole thing is so crazy I hesitate to insist that anything is impossible. I applaud Rep. Johnson for pursuing a legislative fix for this mess, but since we all know the right answer is to allow full rights to felons who complete their sentences and we also know that Republicans will not support that bill, I don’t expect anything to get fixed. I don’t know what else to say.

District B runoff still up in the air

Hoo boy.

Cynthia Bailey

The runoff in the contested District B race for Houston city council almost certainly will be decided with a special election, due to an election contest filed by the third-place finisher, officials said Wednesday.

Renee Jefferson-Smith, who missed the runoff by 168 votes, filed the contest in district court last Friday, essentially forcing election officials to hold off on the runoff, according to Assistant County Attorney Douglas Ray.

The Texas Election Code says a contested runoff cannot be held until there’s a final judgment in the matter.

“It’s as clear as any law I’ve seen,” Ray said.

The county, which has to send out mail ballots for the runoffs Thursday, is printing them Wednesday without the District B race. There are 12 other city council runoffs, set to be decided Dec. 14.

See here and here for the background. As the story says, Jefferson Smith has appealed the dismissal of her lawsuit from last week, which is why this is still ongoing. The law in question reads as follows:

Sec. 232.007. RUNOFF NOT HELD UNTIL FINAL JUDGMENT. (a) A runoff election for a contested office may not be held until the judgment in the contest becomes final.

(b) This section does not affect the conduct of a regularly scheduled runoff for another office that was voted on at the same election as the contested office or at an election held jointly with the election in which the contested office was voted on.

That is indeed quite clear, and I have since received a notification from the County Clerk’s office that:

“Due to a legal challenge, the City of Houston Council Member District B race will not appear on the December 14, 2019 Runoff ballot. This will not affect any of the other races or the election procedures the Harris County Clerk’s Office carries out.”

So to sum up, we have the city of Houston/HISD/HCC runoffs minus District B on December 14, we have the HD148 special election runoff on January 28, we have the 2020 primaries on March 3, and somewhere in there we will also have a stand-alone runoff in District B. As Tommy Lee Jones said in The Fugitive, What. A. Mess.

A later version of the story has a few more details.

Jay Aiyer, a public policy consultant and former political science professor at Texas Southern University, called the delay unprecedented.

“You’ve never had anything where a runoff election itself is just left off,” he said.

City taxpayers will have to foot the bill for the additional election, according to the mayor’s office. Both Ray and Nicole Bates, an attorney for Jefferson-Smith, said it is possible the special election could be held Jan. 28, when a runoff for the open House District 148 seat is scheduled to take place, if the lawsuit is resolved by then.

Alan Bernstein, Mayor Sylvester Turner’s director of communications, said the city would hold the special election on Jan. 28, but would support an earlier date if the suit contesting the election is resolved before then.

[…]

Oliver Brown, Bailey’s attorney, said Jefferson-Smith is arguing the same case in a different forum because she did not like the earlier judge’s ruling.

“The problem is, they’re not doing an actual contest. They’re still just trying to challenge (Bailey’s) eligibility,” he said.

Tarsha Jackson, the first-place finisher who also is in the runoff, has said voters knew about Bailey’s criminal past and said she should be able to continue in the race. Jackson said Wednesday she was disappointed in the delay.

“What’s happening right now is just a prime example of what’s been happening to District B forever. We’re a marginalized and disenfranchised community,” Jackson said. “We have been left behind in this election. The people should be able to go out and vote on the 14th.”

While Jackson and Bailey seemed entrenched in the runoff after the initial court ruling, Aiyer said it is possible that could change in the continuing lawsuit.

“The one thing that seems to be unclear is when you have a special election, who will be the participants in the election,” Aiyer said. “I don’t know if, for example, Bailey is declared ineligible, that doesn’t really presuppose that (Jefferson-Smith) should be in the runoff.”

The delay also calls into question who — if anyone — will represent District B between when Jerry Davis’ term ends on Dec. 31 and the election is held.

While I agree with the interpretation of the law here, I’m still bothered by the way this has all played out. I will say again, the right time to have filed this lawsuit was in September, after the filing deadline passed and before mail ballots were printed. Courts are often reluctant to get involved in electoral disputes before the election, but this was a straightforward question on the law, and no one can claim that waiting till after the election was less messy or controversial. To add onto what Jay Aiyer says at the end here, I’m also bothered by the idea that Renee Jefferson Smith could benefit now from Cynthia Bailey being kicked out of the runoff. We have no way of knowing what might have happened in the November election if Bailey had not been on the ballot. Who’s to say that Alvin Byrd (1,630 votes to Jefferson Snith’s 2,137) or Karen Kossie-Chernyshev (1,408 votes) would not have benefited more from Bailey’s absence? We should have resolved this before any votes were cast. That’s not an option any more, and it’s not fair to any of the candidates involved, never mind the voters themselves. If nothing else, I hope we clarify the law in question in 2021. KUHF has more.

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.

Initial thoughts on Election 2019

All bullet points, all the time…

– Here’s my opening statement on the election returns debacle. We have more information about this now, but we still need more before we can go anywhere else with it.

– All incumbents want to win without runoffs, but for an incumbent that was forced into a runoff, Mayor Turner did pretty darned well. Including Fort Bend, he got about 12K more votes than Buzbee and King combined, and missed by about 2K outscoring Buzbee plus King plus Boykins. Suffice to say, he’s in a strong position for the runoffs.

– We are going to have a cubic buttload of runoffs. In addition to the Mayor, there are seven district Council runoffs, all five At Large Council races, two HISD races, two HCC races, and HD148. We might have had pretty decent overall turnout without the Mayor’s race included, but with it at the top it will be a lot like a November election. I’ll put the initial over/under at about 175K, which is roughly the 2009 Mayoral election runoff total.

– Among those Council runoffs are districts B and D, which along with HISD II and IV and HCC 2 will favor Turner. There are no runoffs in E or G, which would have favored Buzbee, and the runoff in A is almost certain to be a serene, low-money affair. Districts C and J went for King in the 2015 runoffs, but the runoffs in those districts involve only Democratic candidates. Turner has a lot more wind at his back than Buzbee does.

– For a more visual representation of the above, see this Mike Morris tweet. Nearly all of those Buzbee areas are in districts A, E, and G.

– In a sense, the main event in November is the At Large runoffs, all five of which feature a Republican and a Democrat. A Council that includes Mike Knox, Willie Davis, Michael Kubosh, Anthony Dolcefino, and Eric Dick is a Council that (including the members in A, E, and G) is fully half Republican, and could thus throw a lot of sand into the gears of the second Turner administration (or really grease the wheels of a Buzbee administration, if you want to extend the metaphor). Yes, I know, Council doesn’t really work like that, but the difference between that Council and one that includes three or more of Raj Salhotra, David Robinson, Janaeya Carmouche, Letitia Plummer, and Sallie Alcorn, is likely to be quite large. You want to have an effect on the direction Houston takes over the next four years, there you have it.

– Council could have been even more Republican, but at the district level it looks to remain at least as Democratic and possibly a little more so than it is now. Districts C and J may have gone for King in 2015 as noted, but Democrats Abbie Kamin and Shelley Kennedy are the choices in C (Greg Meyers and Mary Jane Smith finished just behind Kennedy), while Ed Pollard and Sandra Rodriguez are the contenders in J. (Yes, Pollard is considerably more conservative than most Dems, especially on LGBT issues. He’ll be the next Dwight Boykins in that regard if he wins.) District F has been (with a two-year break from 2013 to 2015) Republican going back to the 90s, but Tiffany Thomas is in pole position. She will no doubt benefit from the Mayoral runoff.

– I should note that in District C, the four candidates who were on a Greater Heights Democratic Club candidate forum I moderated in September – Kamin, Kennedy, Candelario Cervantez, and Amanda Wolfe; Kendra Yarbrough Camarena was also in the forum but switched to the HD148 race – combined for 55% of the vote in C. That’s a nice chunk of your HD134, CD02 and CD07 turf, and another illustration of how Donald Trump has helped kill the Republican Party in Harris County.

– Speaking of HD148, 69% of the vote there went to the Democratic candidates. Jessica Farrar got 68% in 2018, and she was on the high end.

– Remember when I said this about HD148 candidate Adrian Garcia? “It’s certainly possible some people will think he’s the County Commissioner, but whether they’d be happy to vote for him or confused as to why he’d be running for another office is a question I can’t answer.” I would say now the answer is “happy to vote for him”, because with all due respect I cannot see how he finishes third in that field if he was differently named. Low profile special elections are just weird.

– To be fair, name recognition also surely helped Dolcefino and Dick, neither of whom had much money. One had a famous name, and one has been a candidate multiple times, while littering the streets with his yard signs, so there is that.

– I’m just about out of steam here, but let me say this again: We. Must. Defeat. Dave. Wilson. Tell everyone you know to make sure they vote for Monica Flores Richart in the HCC 1 runoff. We cannot screw that up.

– If you still need more, go read Stace, Nonsequiteuse, and Chris Hooks.

30 day campaign finance reports: Open City Council seats, part 1

As before, my look at the July 2019 finance reports for these 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.


Candidate     Raised      Spent     Loan     On Hand
====================================================
Peck          17,700     18,543    5,000      19,391
Coryat         8,585      3,899        0       3,303
AyersWilson    5,045      5,030        0          15
Cherkaoui      6,100      6,773    8,000       2,062
Zoes           3,025      4,717    4,000       4,401
Myers            951      1,192        0           0

J Smith       15,025     31,200        0       9,032
Byrd          11,095     13,774    2,500       5,063
Quintana      10,868      4,632        0       6,505
Jackson       10,105     18,378        0       8,025
K-Chernyshev  10,730     70,262   11,000           0
Bailey         2,925      1,032      200       5,705
Anderson       1,250          0        0           0
Bryant           373      1,331    1,011          53
Kirkmon
White
Butler
Gillam
Perkins
G Wilson

Kamin         89,742     37,377        0     177,882
Kennedy       35,031     32,928        0      12,056
Smith         26,138     33,001        0      30,175
Nowak         18,813     15,941    2,000       4,871
Cervantez     13,367      2,802        0      10,564
Marshall       9,350      6,922        0       2,527
Scarbrough     8,015      2,916        0      23,544
Meyers         5,003     15,181   35,000      36,729
Wolfe          2,373      1,154        0       1,238
Hill           2,604      2,604        0           0
Ganz             500        605        0          90
House            500        500        0           0
Walker (SPAC)  1,500        128      144         471

Brailey       28,406     19,090   11,853       9,550
Jordan        19,845     18,226        0      36,719
Moore         12,533        946    1,500      13,087
McGee          8,108      4,227        0       3,880
Hamilton       8,786      4,330        0       4,456
Christian      6,640      6,070        0         570
Provost        6,100      3,560        0       2,457
Cave           4,515      4,278    4,500         237
Grissom            0          0        0           0
E-Shabazz
Montgomery
Allen
Griffin
Thomas
Burks

This is what I meant when I expressed my surprise at the lack of money in the District A race. Peck has never been a big fundraiser, but she’s the only credible Republican in this race, unlike the 2009 and 2013 races. I’m honestly not sure what to make of this.

No one has raised that much in B either, but the cumulative total is more in line with what you’d expect. With such a large field, and multiple worthwhile candidates it’s credible that the donor class may wait to see who’s in the runoff and then pick a side.

The exact opposite situation exists in C, where Abbie Kamen continues to dominate fundraising, with Shelley Kennedy and Mary Jane Smith pulling in decent numbers. I expected more from Greg Meyers – it sure is nice to be able to write your own check – and Daphne Scarbrough has some cash on hand thanks to not spending much so far. If you’re Kamin, how much do you hold onto for the runoff, and how much do you feel you need to spend now to make sure you actually get into the runoff? It’s a big field, Kennedy is competing with her for the same voters, and there are plenty of Republicans in the district, so don’t overlook Smith or Meyers or Scarbrough. Runoffs are a sprint and it helps if you don’t have to hustle for dollars, but finishing third or fourth with $100K in the bank is like losing a walk-off with your closer still in the bullpen because you want to be prepared for extra innings.

District D is like B, with a wider distribution of money. Most of these candidates had no July report, as many of them entered close to or after July 1, following Dwight Boykins’ entry into the Mayor’s race. Brad “Scarface” Jordan was the only real fundraiser for that report. It’s not a huge surprise that he and Carla Brailey led the pack, but I could see the same “wait for the runoff” dynamic happen here. With a big field, you just never know what can happen.

I’ll wrap up the Houston reports next week, and move on to HISD and HCC as well as the Congressional quarterly. Let me know what you think.

Sorry, Willie D

I think you need better lawyers, dude.

Willie Dennis

William Dennis, the former Geto Boys rapper known as “Willie D,” is planning to a host a campaign fundraiser Friday for his City Council bid, but election officials say voters won’t be able to cast ballots for him Nov. 5.

Dennis’ campaign for Houston City Council’s District B seat ostensibly ended about a month ago, when he missed a late-August deadline to file as a write-in candidate. He did not file an earlier campaign form that would have secured him a spot on the ballot.

Dennis was surprised Thursday when a reporter told him voters would not be able to support him on the Nov. 5 ballot. He said he interpreted the law differently and was planning to run as an “open write-in candidate, which means that I don’t have to be on the ballot.”

County election officials, however, said there will not be a write-in choice for District B because no candidate submitted the required declaration form.

“District B does not have a write-in option, so, therefore, no one would be able to vote for him,” said Teneshia Hudspeth, a spokeswoman for Harris County Clerk Diane Trautman, who administers elections in Harris County.

Dennis said he and his attorney would seek clarification from election officials Friday.

“We’re going to talk to the city attorney first thing in the morning,” Dennis said.

[…]

Below the “Willie D For District B” invite is an important reminder: “Remember to click the Write-In button on the ballot and write-in Willie ‘Willie D’ Dennis.”

That button will not exist, per the county officials.

Even if voters could write his name in, the Texas Election Code stipulates that those ballots would not count.

“In an election for city officers, a write-in vote may not be counted unless the name written in appears on the list of write-in candidates,” the law says.

Dennis said he and his lawyer were looking at a preceding portion of the same chapter that says: “Except as otherwise provided by law, if the name of the person for whom a voter desires to vote does not appear on the ballot, the voter may write in the name of that person.”

See here and here for the background. That second link, among other things, notes that there is a write-in candidate certified for District D. You can find the chapter of the Elections Code that covers write-in candidates here. It’s true that in the introduction to this chapter, it says what Dennis’ lawyers cite. But – and I know that I Am Not A Lawyer, but this is really super simple – that bit about “except as otherwise provided by law” means “unless there is a specific law addressing the subject in question”. And following that are entire subchapters about write-in candidates for state and county offices, and write-in candidates for city offices, both of which specify that you have to file a declaration that is then certified by the local elections administrator, by a certain deadline. Willie D didn’t do that, so therefore his write-in candidacy doesn’t count. You really don’t have to be a lawyer to understand that.

So when can one be a write-in candidate and not have to worry about filing paperwork? Elections not covered by this chapter would include school boards, MUDs, and whatever other local government entities there may be that aren’t state, county, or city. I’m sure there are plenty of other lawyers in Houston that could have explained this to Willie D.

UPDATE: Willie D has conceded.

Willie D’s campaign for city council ended before it could even begin.

The former Geto Boys rapper, whose full name is William Dennis, said Friday he was effectively dropping out of the District B race after acknowledging that voters wouldn’t be able to support him in the Nov. 5 election. Dennis had declined to file paperwork with the city that would have put him on the ballot or qualified him as a write-in candidate.

He was set to officially kick off his campaign with a fundraiser Friday night until a reporter called Thursday asking about the ballot woes. Dennis said Saturday he didn’t know yet how much money they raised at the event, but he planned to redirect the funds toward flood victims and a local church.

He made the announcement he would end his campaign Friday in an Instagram video.

Willie D had chosen not to file because of questions about a past felony conviction. I agree with him that the law in question should be amended and that people like Willie D who have served out their sentence should be allowed to vote and to run for office. I hope Willie D will turn his attention to lobbying for this change in the Legislature.

Bonus commentary on 2019 lineup

There was a lot of last minute activity at Monday’s filing deadline, as there usually is. Probably more so this year, as approximately ten percent of Houston adults are running for office this November. The point here is that the news stories and other available sources at the time had a lot to do to keep up with it all, and those of us who follow them now recognize there were things we missed the first time around. So, after another review of the Erik Manning spreadsheet and the City of Houston 2019 election page, here are some semi-random observations about things I didn’t note or comment on the first time around. I’ll run this down race by race.

Mayor: Mostly, I’m going to point out the filers and non-filers that are worth mentioning for one reason or another. The usual reason is going to be because my reaction to the late filers was along the lines of “oh, Lord, not that person again”. Exhibit A is Kendall Baker, who has cluttered up multiple ballots since the 2007 special election in At Large #3. Most recently, he ran in HD137 as a Republican in 2016, and in District F in 2015. Baker wasn’t a late filer – he had a June finance report – but as I prefer to think pleasant thoughts I’d forgotten he was in the race. He was one of the anti-HERO loudmouths who has his own problems with inappropriate behavior.

District B: Willie D did not file, so we will have a maximum of one Geto Boy on Council.

District C: Kendra Yarbrough Camarena did not file. She instead filed for the special election in HD148. Erik is tracking those filings in his spreadsheet as well. Yarbrough Camarena appears to be the first official entrant in this race. And don’t worry about District C, there are still thirteen candidates for that office.

District D: Andrew Burks rises from the ash heap to run again. Can you still be a perennial candidate if you once won something? My ruling is Yes. Burks served one action-packed two year term in At Large #2 from 2011 to 2013 before being defeated by David Robinson. I was wondering about how the term limits charter amendment would apply to him, and I found the answer, in Article V, Section 6a: “Persons who served a single term prior to 2016 who are not serving in City elective office in 2015 and thus not subject to subsection (b), shall be eligible to serve one additional four-year term in the same City elective office.” So there you have it.

District F: Adekunle “Kay” Elegbede is listed as a Write-In Candidate. Obviously, this means he will not appear on the ballot, so what does it mean? Here’s the applicable state law. Basically, this means that any write in votes for this candidate will actually count (as opposed to write-ins for, say, “Mickey Mouse” or “Ben Hall”), and there’s no filing fee.

District J: Jim Bigham, who ran against Mike Laster in 2015 did not file. He did not have a finance report, so no big surprise.

District K: Republican Gerry Vander-Lyn, who ran in the special election that Martha Castex-Tatum won, and one other person filed. Neither will provide much of a challenge to Castex-Tatum, but their presence means that no one is unopposed this cycle.

At Large #1: Ugh. Yolanda Navarro Flores, defeated by Zeph Capo in 2013 from the HCC Board, is back. In addition to her ethical issues while on the HCC Board, she was also pals with Dave Wilson. ‘Nuff said.

At Large #2: Apparently, it really isn’t an election without Griff Griffin. I had honestly thought he’d gone away, but no. The funny/scary thing is that he could easily wind up in a runoff with CM Robinson.

At Large #4: Anthony Dolcefino also jumps out of District C into this race. There are now 11 candidates in AL4, so it’s not like he landed in that much smaller a pond.

At Large #5: I guess Eric Dick isn’t having any fun on the HCDE Board, because here he is. As per the Andrew Burks Rule, which I just created, I label him a perennial candidate as well. Note that HCDE Trustees are not subject to resign to run, so Dick may continue on in his current gig, as Roy Morales had done for most of the time when he was on the HCDE Board.

HISD II: Lots of people signed up for this one after all. The one name I recognize is Kathy Blueford-Daniels, who had run for City Council in District B previously. Here’s an interview I did with her back in 2011, and another from 2013. Rodrick Davison, the one person to post a June finance report, wound up not filing for the office

HISD IV: Reagan Flowers was a candidate for HCDE in Precinct 1 in 2012. I interviewed her at the time. I feel like she ran for something else since then, but if so I can’t find it.

Revisiting City Council redistricting

This would be interesting.

At Wednesday’s council meeting, District E Councilmember Dave Martin said the city should consider redrawing city council district boundaries, particularly in his own district.

District E includes two far-flung suburbs, Kingwood and Clear Lake. Martin said it’s a “ridiculously arranged council district” where it is difficult to coordinate meetings.

“I’ve always felt that the folks in Clear Lake do indeed deserve their own representation there, because it is tough for someone to drive 60 miles on a weekend to get to a certain area,” Martin said.

Mayor Sylvester Turner agreed with Martin’s assessment of District E.

“I will tell you it is an interesting drawing,” Turner said. “Because you certainly cannot go from Kingwood to Clear Lake for a town hall meeting, two town hall meetings.”

Turner said he would support taking a look at the map after the 2020 census.

“I don’t know what the thinking was back then,” Turner said. “But it does seem to be not in the best interest of two areas that are so geographically separated. I think it’s worth taking a look at.”

There’s a copy of the map embedded in the story, and you can also see it here, with links to individual district maps here. It’s true that District E is this two-headed amalgam of far-apart suburbs, with a bit of connecting tissue in between, but any proposed solution to address that is complicated. The problem is that the Kingwood part of E abuts District B, and the Clear Lake part borders on Districts D and I. Any redesign of the current map that would split District E into separate parts has to take into account merging a bunch of white Republicans with a bunch of black and Latinx Democrats. Even before we take Voting Rights Act requirements into consideration, I can guarantee you that a substantial number of people would be unhappy with any alternative.

What you could do is reduce the size of individual districts to be roughly the size of the Kingwood and Clear Lake pieces, then redraw the map with however many districts there would be with such smaller population requirements. That would result in a map with anywhere from 15 to 21 districts, depending on how much you padded out the two halves of E. We can debate whether that’s a good idea or a bad idea, but we’d also probably need a charter amendment to make it happen.

Personally, I’d be willing to at least explore the idea, and maybe have someone draw a few sample maps, to give a picture of what this might look like. Honestly, I think we ought to consider the same for the Legislature, where individual districts have grown in population quite a lot in recent years. This is especially true for Senate districts, which used to be smaller than Congressional districts but are now larger and will get more so in 2021 when Texas is given additional seats in Congress. It’ll never happen of course, but that doesn’t mean we should never think about it.

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.

Off and running for Council

I confess I haven’t paid very much attention to the Houston city races so far. Part of that is the existential angst I feel at being forced to take seriously anything Bill King or Tony Buzbee says, and part of that is because the Council races haven’t really started taking shape yet. Oh, there are plenty of candidates, as this Chron story details, but right now it’s basically spring training, as everyone works to raise some money and put up a website and start making the rounds to civic groups and political clubs and what have you.

This is going to be a weird election, because it’s been four years since the last city election and it’s the first time we’ve experienced that, because of the contested Mayor’s race, and because our city elections are by definition a little weird. It’s just that like Tolstoy’s unhappy families, every city of Houston election is weird in its own way.

Mayor Sylvester Turner

More than six months remain until Nov. 5, when voters will cast ballots in the races for mayor, controller and 16 city council seats, but challengers already are taking swings at incumbents and candidates are lining up to replace term-limited office-holders.

“The mayoral race got off to an early start, and that’s having a contagion effect on the council races,” said Mark Jones, a political science professor at Rice University. “In some ways, it’s this big collective action problem. I think most people would prefer not to get mixed up in the process so early, but, for instance, if one person starts running hard for At-Large Position 5, everyone else has to, lest they get left behind.”

Activity on the campaign trail has started earlier than ever, prompted by a pace-setting mayoral race that has seen candidates Tony Buzbee and Bill King repeatedly lambast incumbent Mayor Sylvester Turner, saying he has mismanaged the long-running Proposition B firefighter pay parity feud and accusing him of failing to adequately distance City Hall from campaign donors. Turner has denied both charges.

District D Councilman Dwight Boykins also could join the mayoral field and will decide sometime in June whether to mount a run or seek re-election to his council seat, he said Monday. Also mulling a run for higher office is At-Large Councilwoman Amanda Edwards, who said she has yet to decide whether to take a swing at the U.S. Senate seat held by Republican Sen. John Cornyn.

Prospective candidates for those two seats may be waiting on the sidelines, or seeking other council seats for now, as they wait on the incumbents’ decisions, said Brandon Rottinghaus, a political science professor at the University of Houston.

“It’s a domino effect,” Rottinghaus said. “There are a couple of offices that are holding up decisions on other races down the ballot, and Edwards is an example of that.”

[…]

So far, five incumbent council members remain without official challengers: Greg Travis (District G), Karla Cisneros (District H), Robert Gallegos (District I), Martha Castex-Tatum (District K) and Edwards.

Travis, Cisneros and Edwards each are coming to the end of their first four-year terms on city council. Castex-Tatum won a special election year to replace former Councilman Larry Green, who died of a drug overdose.

Gallegos, meanwhile, is one of a handful of council incumbents first elected in 2013 who still is eligible for another term.

The shift to four-year terms likely has emboldened potential challengers who ordinarily would wait out an incumbent’s two-year term, but are less keen to sit on the sidelines for four years, Rottinghaus said. More than half the incumbents seeking re-election have drawn opponents.

You can read on for more about the Council candidates, but bear a couple of things in mind. One is that the only “official” candidate list is maintained on paper by the City Secretary. Filing a designation of treasurer is a necessary condition for running, but doesn’t mean you’ll actually file by the deadline, and it doesn’t mean you’ll file for the race you now say you’re running for. People jump in and drop out and change races all the time up till deadline day. Civic heroes like Erik Manning maintain candidate databases, for which we are all grateful, but in the end nothing is official till the filing deadline passes. You will get some idea of who is out there and who is serious about it when the June finance reports get posted, but again, things can and will change between then and the end of August.

Anyway. I really don’t know what I’m going to do about interviews – there are just too many candidates for the amount of time I will have. I’ll figure something out, and should start doing interviews in July. I’ll put up my own Election 2019 page sometime before then. In the meantime, start familiarizing yourself with these names. We’re all going to have a lot of decisions to make in November.

Looking ahead to 2019

Yes, yes, I know. We’ve barely begun the 2018 cycle. Who in their right mind is thinking about 2019? I plead guilty to political insanity, but the beginning of the year is always the best time to look forward, and just as 2018 will be unlike any election year we’ve seen before, I think 2019 will be unusual, too. Let’s just take a moment to contemplate what lies ahead.

I’ve posted this list before, but just to review here are the Council members who are term-limited going into 2019:

Brenda Stardig – District A
Jerry Davis – District B
Ellen Cohen – District C
Mike Laster – District J
Larry Green – District K
Jack Christie – At Large #5

There is an opportunity for progressives to elect a candidate more favorable to them with CM Christie’s departure, and his At Large colleagues Mike Knox and Michael Kubosh will also draw attention. Against that, I would remind everyone that Bill King carried Districts C and J in 2015, so we’re going to have to play defense, too.

It is too early to start speculating about who might run where, but keep two things in mind. One is that there’s likely some pent-up demand for city offices, since there won’t have been an election since 2015, and two is that some number of people who are currently running for something in 2018 will find themselves on the sidelines by March or May, and some of them may decide to shift their focus to a more local race. The point I’m making here is expect there to be a lot of candidates, and not just for the term-limited offices. I don’t expect Mayor Turner to be seriously challenged, but I do expect the firefighters to find someone to support against him. Finally, I expect Pasadena to be a hotbed of action again for their May elections, as Democrats missed by seven votes in District B winning a majority on Pasadena City Council.

The following HISD Trustees are up for election in 2019:

Rhonda Skillern-Jones – District II
Sergio Lira – District III
Jolanda Jones – District IV
Diana Davila – District VIII

Skillern-Jones was forced into a runoff in 2015, but she then won that easily. Lira was elected this year to finish Manuel Rodriguez’s term. Jolanda is Jolanda, and no election that includes her will ever be boring. Davila sued to get on the Democratic primary ballot for Justice of the Peace, but was not successful. I have to assume whoever runs against her will make an issue of the fact that she was job-hopping in the interim.

The following HCC Trustees are up for election in 2019:

Zeph Capo – District 1
Dave Wilson – District 2
Neeta Sane – District 7

It is too early to think about who might be running for what in Houston and HISD. It is very much NOT too early to find and begin building support for a good candidate to run against Dave Wilson and kick his homophobic ass out of office. That is all.

Day 8 EV 2015 totals: Breaking it down to districts

Day One of Week Two:


Year    Early    Mail   Total   Mailed
======================================
2015   73,903  23,560  97,553   43,279
2013   45,571  16,076  61,647   30,548

EarlyVoting

The running 2015 totals are here, the full 2013 totals are here, and for completeness the full 2009 totals are here. The second Monday in person totals for this year (12,895) are greater than for 2013 (7,643), but some of that may be leftover demand from the weekend. In addition, both this Monday and the second Monday of 2013 are just a smidge higher than the previous Fridays (11,705 this year, 7,110 in 2013). We continue to run well ahead of 2013, but I continue to wonder if we’ll peak. That remains to be seen.

I don’t get the daily rosters, but Greg does, and he provides a breakdown of the vote as of Sunday by Council district. Go look for yourself, but the takeaway is that as of the end of the first full week, the share of the vote coming from Districts B and E was higher than it was in 2013, and the share of the vote coming from District C is down. See this post of mine from 2013 to see how things shook out per district in 2013. Note that the 2013 totals Greg cites are final, end of voting numbers, whereas what we have now is just a week of early voting. It is entirely possible that C is just a little slower to get to the polls than some other districts – it’s what the numbers are at the end that counts, after all – but this is worth watching. District B overlaps HD139, so it’s fair to say this represents a bump from the Turner campaign. District E is likely to be more motivated by HERO than anything else, and not in the way I’d prefer. Note that even with these trends, the overall numbers from C and E are nearly identical, and history suggests the voters in C will show up. So we’ll see.

Endorsement watch: For Jerry

The Chron makes another easy call by endorsing CM Jerry Davis for a third term in District B.

CM Jerry Davis

CM Jerry Davis

In this race Davis is the only candidate who understands how the system functions and how a council member can pull the levers of power at City Hall to benefit his constituents.

In the private sector, Davis, 42, serves as executive director of Making It Better, a nonprofit youth program.

In his time on council, he has worked to place security cameras to catch illegal dumpers. He also successfully promoted a controversial tax incentive to encourage Krogers to expand its distribution center in northeast Houston. While we question the efficacy of these enticements, it shows that Davis uses every tool at his disposal to fight for District B.

[…]

The councilman said he supports the Houston equal rights ordinance, but only came to that position after talking with people and educating himself. It is an education that plenty of other politicians could use.

[…]

As Davis faces his third and final term, there is simply nobody else in this race who can match his knowledge and experience. Voters better start looking now for an effective replacement when term limits force him from office.

I agree on all counts. I didn’t do interviews in District B this year, but I have spoken with CM Davis twice before, most recently in 2013. The next Mayor will be glad to have CM Davis on Council with him.

Fighting illegal dumping

Illegal dumping of trash is a huge problem in some Houston neighborhoods. Enforcement is especially tricky because unless you catch someone in the act, there’s little to no evidence to go on. One way to help catch dumpers in the act is with cameras at locations where dumping frequently occurs. Council Member Jerry Davis has been working to get a camera program to fight illegal dumping going. He was able to get some money from the budget to work on this but couldn’t work out the details with HPD. We pick up the story from there.

CM Jerry Davis

CM Jerry Davis

So last year, Davis and his staff instead turned to Harris County for help. He offered Precinct 1 Constable Alan Rosen the $250,000 to purchase, assemble and monitor 25 cameras in areas where people frequently cast off garbage.

Deputies from constable precincts 1 and 5 make up the county’s environmental crimes unit but have jurisdiction throughout the county. The deputies would largely focus on areas in council districts with the most illegal dumping complaints, ranging from Sunnyside to Kashmere Gardens to the East End. The county would own the cameras and keep any funds generated from prosecuting crimes.

In Houston, any amount of illegal dumping can result in fines, and more than 5 pounds can yield jail time.

On Wednesday, City Council approved the agreement, which could span three years with renewals. Harris County commissioners are expected to take it up early next month.

“It was a lengthy process and, yes, we did get a little bit upset at times,” Davis said. “But we just persevered and worked with the legal department to make sure this gets done because the people are counting on it.”

HPD environmental senior officer Stephen Dicker largely agreed with Davis’ assessment of why the city opted to work with the county. Dicker said HPD talks fell apart two years ago when he told the city he would need to add 15 people, effectively doubling the investigations unit, to set up, man and track the new cameras to the tune of $1.7 million. The money simply wasn’t there.

The city’s environmental unit also tends to focus on larger commercial and industrial offenders that have a bigger public health impact, Dicker said.

“The emphasis just doesn’t match up,” Dicker said. “He’s looking at just trash on the streets. We do water pollution, air pollution. Those are much bigger impacts. But we do hope the program with the county works.”

I’m glad to see this because it really is a problem, and for those of us who are lucky enough to live in a neighborhood where it doesn’t happen, we have no idea what it’s like to put up with this. I get why HPD focuses its environmental enforcement efforts on commercial and industrial offenders, but I’m still disappointed that the department didn’t have the capability to take this on, given what a big quality of life issue it is. This is one reason why I keep saying that we need to have a much better understanding than we currently do about how HPD prioritizes its budget, which very much informs how it prioritizes what crimes it pursues. I have no doubt that there wasn’t an additional $1.7 million to be found in the HPD budget as it currently stands, but I also have no doubt that we could re-prioritize that budget in a way that would have allowed this. Maybe we would still not choose to pursue this, but we can’t know that until we have a clearer picture of what HPD does and why it does what it does and doesn’t do what it doesn’t do.

I will also note that one of the things that a garbage fee could help finance is a stronger enforcement organization against all forms of illegal dumping. We fund the Solid Waste department through general revenue, which makes Houston different than other Texas cities. They do a great job, but they could do more of it, and there would be more room in the budget for other things. And no, I don’t expect this to be brought up for discussion any time soon. I’m just saying.