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Don Zimmerman

SD14 special election field is set

There are six candidates in total, but really only two that matter.

Rep. Eddie Rodriguez

Six candidates, including some well-known Austin-area politicians, have filed to run for the July 14 special election to replace retired Democratic state Sen. Kirk Watson, according to the Texas secretary of state’s office.

Candidates had until 5 p.m. Wednesday to file to run for the seat.

State Rep. Eddie Rodriguez, a longtime Austin Democrat, and former Travis County Judge Sarah Eckhardt are widely considered the two most prominent candidates for Texas Senate District 14, a historically Democratic seat that covers Bastrop County and parts of Travis County.

Sarah Eckhardt

Rodriguez has served in the House since 2003 and has support from most of Travis County’s state House delegation. And Eckhardt, whose last day as county judge was Tuesday, has helped to oversee the community’s response to the coronavirus pandemic.

Two Republicans are also running for the Senate seat: Don Zimmerman, a former Austin City Council member, and Waller Thomas Burns II, who initially filed as an independent.

Former Lago Vista City Council member Pat Dixon is running as a Libertarian, while Jeff Ridgeway is running as an independent candidate. Several others, including Austin City Council member Greg Casar, had been eyeing a run but decided not to join the race.

See here, here, and here for the background. This election was also originally scheduled for May and postponed till July due to coronavirus. I say that only the two Democrats matter in this race because SD14 is a safe Democratic seat. I have a very hard time imagining a scenario where either of the two mainstream, broadly popular Democrats who have previously won multiple elections fail to finish in the top two. One of the could win it outright, but if not then these two will be in the runoff. I may reach out to them for interviews – Lord knows, it will be good to talk about electoral politics again – but in the meantime, you voters in SD14 have a clear decision to make, and can’t go wrong either way.

You periodic reminder that every vote matters

2020 Republican primaries edition.

One vote still separates second and third place in the GOP primary for Texas House District 47, but a revised total released Wednesday pushed Justin Berry ahead of Don Zimmerman for the final spot in the May runoff election.

Zimmerman had held a one-vote margin over Berry in the western Travis County district when unofficial election results were released after the March 3 primary.

All Travis County votes have now been counted, according to updated election results from the county clerk’s office, but Zimmerman can still call for a recount.

Texas election laws allow candidates to petition for a recount if they are trailing an opponent by less than 10% of the total votes received by the opponent.

The updated results showed Berry with 4,105 votes and Zimmerman with 4,104.

Craig Murphy, a spokesman for Berry, said the campaign was not surprised to see a late change, adding that he did not expect the results to change with a recount.

“They’ve done some of the things they would have done during a recount, so it’s less likely to change,” he said, referring to the counting of mail-in, overseas and provisional ballots. “This is one of those rare occasions where every single person in the race for us made a difference.”

The second-place candidate will face attorney Jennifer Fleck in the May 26 runoff.

I noted this in my runoff roundup. Basically, some mail ballots arrive after Tuesday – they just have to be postmarked by then to count – and some provisional ballots get cured, so the final official vote total ticks up a bit. Usually, these things are too small to have an effect on an outcome, but when the margin is one vote, anything can happen. I’ll be a little surprised if Zimmerman doesn’t ask for a recount – which, like the late-counted ballots almost never changes anything, except here we’re talking the very smallest of differences – and he’ll have a few days to decide. The fun never stops. The Trib has more.

Runoff roundup

Here, as best as I can determine, are the runoffs of interest for May:

US Senate – MJ Hegar versus Royce West

CD02 – Sima Ladjevardian versus Elisa Cardnell
CD03 – Lulu Seikaly versus Sean McCaffity
CD10 – Mike Siegel versus Pritesh Gandhi
CD17 – Rick Kennedy versus David Jaramillo (D), Pete Sessions versus Renee Swann (R)
CD22 – Troy Nehls versus Kathaleen Wall (R)
CD23 – Tony Gonzales versus Raul Reyes (R)
CD24 – Kim Olson versus Candace Valenzuela
CD31 – Christine Eady Mann versus Donna Imam

Note that Wendy Davis (CD21), Sri Kulkarni (CD22), Gina Ortiz Jones (CD23), and on the Republican side Wesley Hunt (CD07) all won outright. I skipped a couple of Republican runoffs in safe D districts, because life is short.

Railroad Commissioner – Chrysta Castaneda versus Roberto Alonzo

SBOE5 – Robert Morrow versus Lani Popp (R, wackadoo versus what passes for normal)
SBOE6 – Michelle Palmer versus Kimberley McLeod

SD19 – Xochil Peña Rodriguez versus Roland Gutierrez
SD27 – Eddie Lucio versus Sara Stapleton-Barrera

Didn’t mention this yesterday, but Susan Criss prevailed in SD11.

HD02 – Dan Flynn versus Bryan Slaton (R)
HD25 – Ro’Vin Garrett versus Cody Vasut (R, this is Dennis Bonnen’s old seat)
HD26 – Suleman Lalani versus Sarah DeMerchant (D), Matt Morgan versus Jacey Jetton (R)
HD45 – Carrie Isaac versus Kent Wymore (R)
HD47 – Jennifer Fleck versus Don Zimmerman (R)
HD59 – Shelby Slawson versus JD Sheffield (R)
HD60 – Jon Francis versus Glenn Rogers (R)
HD67 – Tom Adair versus Lorenzo Sanchez
HD100 – Lorraine Birabil versus Jasmine Crockett
HD119 – Liz Campos versus Jennifer Ramos
HD138 – Akilah Bacy versus Jenifer Pool
HD142 – Harold Dutton versus Jerry Davis
HD148 – Anna Eastman versus Penny Shaw

Note that in that HD47 primary, one (1) vote separates second and third place, according to the Travis County Clerk. I assume there will be a recount, and even before then late-arriving mail ballots could change this. In the event of an actual tie, there will be a coin flip to determine who goes to the runoff. I’m rooting so hard for that outcome, you guys.

In the HD67 primary, 63 votes separate Lorenzo Sanchez and Rocio Gosewehr Hernandez, or 0.3 percentage points. I would expect a recount there as well, but with a far lesser chance of affecting the outcome.

Lorraine Birabil was the winner of the special election in HD100 to fill out the unexpired term of Eric Johnson, who is now Mayor of Dallas. Anna Eastman was the winner of the special election in HD148 to succeed Jessica Farrar.

14th Court of Appeals, Place 7 – Tamika Craft versus Cheri Thomas

164th District Court – Cheryl Elliott Thornton versus Alex Smoots-Thomas
339th Criminal Court – Te’iva Bell versus Candance White

County Commissioner, Precinct 3 – Diana Martinez Alexander versus Michael Moore

Moore was leading most of the night, but Alexander caught and passed him as final results came in. I don’t care to go through the various Constable and JP races, but the good Jerry Garcia was leading problematic incumbent Chris Diaz going into the Precinct 2 Constable runoff.

Whatever turnout there will be in the runoffs will be driven primarily by the Dem Senate race and the Congressional races on both sides. Won’t be much, but it ought to be a bit more than usual, and surely more on the D side if there were no Senate runoff.

Another lawsuit filed over Prop 1 ballot language in Austin

Sure, why not?

Uber

It’s Uber Zimmerman!

Litigious District 6 Councilman Don Zimmerman sued Mayor Steve Adler in his official capacity Thursday, challenging the outcome of the Proposition 1 election on the grounds the ballot language “misled voters and omitted main features” and did not conform to the required format, case caption information shows.

A copy of the lawsuit, apparently filed late Thursday, was not immediately available.

“I’m deeply concerned about how the process, about how that went down,” Zimmerman said, late Thursday. “What I noticed from the campaign is that both sides were confused by the ballot language — the people for it and the people against it.”

If you’re keeping score, this is the second lawsuit filed over ballot language; there are also lawsuits over the use of automated text messages sent during the campaign, and over claims that Uber and Lyft’s exit violated federal labor law. The full Statesman story adds some further details.

A statement from the city of Austin defended the ballot measure and its language, saying, “The City Council respected the citizen-initiated petition process and voted to call a May election. The council made every effort to ensure that the ballot language fairly represents the petition’s intent.”

“The city prevailed in the pre-election lawsuit filed on this same topic, and is prepared to defend the actions it took as part of this election process,” the city’s statement said.

Zimmerman and his lawyer, Jerad Najvar of Houston’s Najvar Law Firm, argue that “the City’s much-touted fingerprint background check regime” will be enforced too slowly and “lacks any enforcement teeth” even once it’s fully implemented.

[…]

Zimmerman and Najvar asked in the suit that their complaint be consolidated with any other challenge to the same election to conform with a requirement under state law. They specifically cited the May 10 suit brought by Austin lawyer Martin Harry, who also objected to the city’s ballot language.

I still think the ballot language argument is dumb. Honestly, was there anyone in Austin who didn’t understand that Uber and Lyft wanted you to vote Yes on Prop 1? The proposition itself could have been written in Esperanto for all that it mattered. But as always, you never know what will happen once this sort of thing gets inside a courtroom. Engadget has more.