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Donald Trump

Precinct analysis: Congress, part 1

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020
State Senate district comparisons
State House districts 2020, part 1
State House districts 2020, part 2
Median districts
State House district changes by demography
State House district changes by county
SBOE

In addition to the SBOE data, we finally have 2020 election results for the Congressional districts as well. With the redistricting special session about to start, let’s look at where things were in the last election.


Dist   Biden    Trump  Biden%  Trump%
=====================================
01    83,221  218,689   27.2%   71.5%
02   170,430  174,980   48.6%   49.9%
03   209,859  214,359   48.6%   49.6%
04    84,582  258,314   24.3%   74.3%
05   107,494  172,395   37.9%   60.8%
06   164,746  175,101   47.8%   50.8%
07   170,060  143,176   53.6%   45.1%
08   109,291  274,224   28.1%   70.5%
09   178,908   54,944   75.7%   23.2%
10   203,937  210,734   48.4%   50.0%
11    58,585  235,797   19.7%   79.1%
12   140,683  224,490   37.9%   60.4%
13    54,001  219,885   19.4%   79.1%
14   124,630  185,961   39.5%   59.0%
15   119,785  115,317   50.4%   48.5%
16   160,809   77,473   66.4%   32.0%
17   137,632  172,338   43.5%   54.5%
18   189,823   57,669   75.7%   23.0%
19    71,238  195,512   26.3%   72.2%
20   177,167   96,672   63.7%   34.7%
21   220,439  232,935   47.8%   50.5%
22   206,114  210,011   48.8%   49.7%
23   146,619  151,914   48.5%   50.2%
24   180,609  161,671   51.9%   46.5%
25   177,801  216,143   44.3%   53.9%
26   185,956  248,196   42.1%   56.2%
27   104,511  170,800   37.4%   61.1%
28   125,628  115,109   51.6%   47.2%
29   106,229   52,937   65.9%   32.9%
30   212,373   50,270   79.8%   18.9%
31   191,113  202,934   47.4%   50.3%
32   187,919  151,944   54.4%   44.0%
33   117,340   41,209   73.0%   25.6%
34   106,837   98,533   51.5%   47.5%
35   188,138   84,796   67.6%   30.5%
36    82,872  221,600   26.9%   71.9%

Joe Biden carried 14 of the 36 Congressional districts, the 13 that Democratic candidates won plus CD24. He came close in a lot of others – within two points in CDs 02, 03, 10, 22, and 23, and within five in CDs 06, 21, and 31 – but the Congressional map gets the award for most effecting gerrymandering, as the Presidential results most closely matched the number of districts won.

Generally speaking, Biden did a little worse than Beto in 2018, which isn’t a big surprise given that Beto lost by two and a half points while Biden lost by five and a half. Among the competitive districts, Biden topped Beto in CDs 03 (48.6 to 47.9), 07 (53.6 to 53.3), and 24 (51.9 to 51.6), and fell short elsewhere. He lost the most ground compared to Beto in the Latino districts, which is a subject we have covered in much detail. I only focused on the closer districts in my 2018 analysis, but you can see the full 2018 data here. Biden’s numbers are far more comparable to Hillary Clinton’s in 2016 – I’ll get into that in more detail in a subsequent post.

As we have also seen elsewhere, Biden’s underperformance in the Latino districts – specifically, CDs 15, 28, and 34 – was generally not replicated by other candidates down the ballot. Again, I’ll get to this in more detail later, but with the exception of John Cornyn nipping MJ Hegar in CD15, Democrats other than Biden generally carried those districts by five to ten points, still closer than in 2016 but not as dire looking as they were at the top. Interestingly, where Biden really overperformed compared to the rest of the Democratic ticket was with the judicial races – Republicans carried all but one of the statewide judicial races in CD07, for example. We discussed that way back when in the earlier analyses, but it’s been awhile so this is a reminder. That’s also not too surprising given the wider spread in the judicial races than the Presidential race, and it’s also a place where one can be optimistic (we still have room to grow!) or pessimistic (we’re farther away than we thought!) as one sees fit.

I don’t have a lot more to say here that I haven’t already said in one or more ways before. The main thing to think about is that redistricting is necessarily different for the Congressional map simply because there will be two more districts. (We should think about adding legislative districts, especially Senate districts, but that’s a whole ‘nother thing.) I have to assume that Republicans will try to give themselves two more districts, one way or another, but I suppose it’s possible they could just seek to hold serve, if going for the gusto means cutting it too close in too many places. I figure we’ll see a starter map pretty soon, and from there it will be a matter of what alternate realities get proposed and by whom. For sure, the future plaintiffs in redistricting litigation will have their own maps to show off.

For comparison, as I did in other posts, here are the Congressional numbers from 2016 and 2012:


Dist Clinton    TrumpClinton%  Trump%
=====================================
1     66,389  189,596  25.09%  71.67%
2    119,659  145,530  42.75%  52.00%
3    129,384  174,561  39.90%  53.83%
4     60,799  210,448  21.63%  74.86%
5     79,759  145,846  34.18%  62.50%
6    115,272  148,945  41.62%  53.78%
7    124,722  121,204  48.16%  46.81%
8     70,520  214,567  23.64%  71.93%
9    151,559   34,447  79.14%  17.99%
10   135,967  164,817  42.82%  51.90%
11    47,470  193,619  19.01%  77.55%
12    92,549  177,939  32.47%  62.43%
13    40,237  190,779  16.78%  79.54%
14   101,228  153,191  38.29%  57.95%
15   104,454   73,689  56.21%  39.66%
16   130,784   52,334  67.21%  26.89%
17    96,155  139,411  38.43%  55.72%
18   157,117   41,011  76.22%  19.90%
19    53,512  165,280  23.31%  71.99%
20   132,453   74,479  60.21%  33.86%
21   152,515  188,277  42.05%  51.91%
22   135,525  159,717  43.91%  51.75%
23   115,133  107,058  49.38%  45.92%
24   122,878  140,129  44.28%  50.50%
25   125,947  172,462  39.94%  54.69%
26   109,530  194,032  34.01%  60.25%
27    85,589  140,787  36.36%  59.81%
28   109,973   72,479  57.81%  38.10%
29    95,027   34,011  70.95%  25.39%
30   174,528   40,333  79.08%  18.27%
31   117,181  153,823  40.07%  52.60%
32   134,895  129,701  48.44%  46.58%
33    94,513   30,787  72.78%  23.71%
34   101,704   64,716  59.07%  37.59%
35   128,482   61,139  63.59%  30.26%
36    64,217  183,144  25.13%  71.68%

Dist   Obama   Romney  Obama% Romney%
=====================================
01    69,857  181,833  27.47%  71.49%
02    88,751  157,094  35.55%  62.93%
03    93,290  175,383  34.13%  64.16%
04    63,521  189,455  24.79%  73.95%
05    73,085  137,239  34.35%  64.49%
06   103,444  146,985  40.72%  57.87%
07    92,499  143,631  38.57%  59.89%
08    55,271  195,735  21.74%  76.97%
09   145,332   39,392  78.01%  21.15%
10   104,839  159,714  38.77%  59.06%
11    45,081  182,403  19.55%  79.10%
12    79,147  166,992  31.65%  66.77%
13    42,518  184,090  18.51%  80.16%
14    97,824  147,151  39.44%  59.32%
15    86,940   62,883  57.35%  41.48%
16   100,993   54,315  64.03%  34.44%
17    84,243  134,521  37.76%  60.29%
18   150,129   44,991  76.11%  22.81%
19    54,451  160,060  25.02%  73.55%
20   110,663   74,540  58.77%  39.59%
21   119,220  188,240  37.85%  59.76%
22    93,582  158,452  36.68%  62.11%
23    94,386   99,654  47.99%  50.67%
24    94,634  150,547  37.98%  60.42%
25   102,433  162,278  37.80%  59.89%
26    80,828  177,941  30.70%  67.59%
27    83,156  131,800  38.15%  60.46%
28   101,843   65,372  60.21%  38.65%
29    75,720   37,909  65.89%  32.99%
30   175,637   43,333  79.61%  19.64%
31    92,842  144,634  38.11%  59.36%
32   106,563  146,420  41.46%  56.97%
33    86,686   32,641  71.93%  27.09%
34    90,885   57,303  60.71%  38.28%
35   105,550   58,007  62.94%  34.59%
36    61,766  175,850  25.66%  73.05%

Looking at the 2016 numbers, you can begin to see the outlines of future competitiveness. That’s more a function of Trump’s weak showing in the familiar places than anything else, but Democrats got their numbers up enough to make it a reality. Looking back at 2012 and you’re reminded again of just how far we’ve come. Maybe we’ll reset to that kind of position in 2022, I don’t know, but that’s a little harder to imagine when you remember that Mitt Romney won the state by ten more points than Trump did. We’ll be going down that rabbit hole soon enough. As always, let me know what you think.

Precinct analysis: SBOE

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020
State Senate district comparisons
State House districts 2020, part 1
State House districts 2020, part 2
Median districts
State House district changes by demography
State House district changes by county

Hey, guess what? The 2020 election data is finally on the Texas Redistricting page for Congress and the State Board of Education. It had been there for awhile for the State House and State Senate, which is why I was able to do those most recent Precinct Analysis piece. Now I can fill in the missing pieces, and I will start here with the State Board of Education, which has a current composition of nine Republicans and six Democrats following the Dem flip in SBOE5. Here’s what the 2020 results looked like for these districts:


Dist   Biden    Trump  Biden%  Trump%
=====================================
01   288,864  245,645   53.3%   45.3%
02   259,587  281,363   47.4%   51.4%
03   361,827  238,999   59.4%   39.2%
04   388,518  117,290   75.9%   22.9%
05   554,766  475,249   52.9%   45.3%
06   391,913  371,101   50.6%   47.9%
07   351,218  509,642   40.2%   58.4%
08   307,826  526,425   36.3%   62.2%
09   196,720  577,419   25.1%   73.7%
10   440,594  445,355   48.7%   49.3%
11   383,185  472,594   44.1%   54.3%
12   469,730  429,676   51.3%   47.0%
13   401,190  128,910   74.7%   24.0%
14   310,738  570,422   34.7%   63.7%
15   150,843  498,932   22.9%   75.6%

Before we dive into the numbers, you’re probably wondering where these districts are. I know I don’t have a mental map of the SBOE like I do for the legislative districts. Here is the SBOE statewide map, and the District Viewer, which you can zoom in on to the street level. That will be your best friend for when the new maps are coming out.

So the numbers. As you can see, Joe Biden carried seven of the fifteen districts, falling just short in district 10 for a majority but carrying Republican-held districts 6 and 12. The bad news is that he did not carry district 2, which is a Democratic district held by Ruben Cortez, who was not on the ballot after winning re-election in 2018 by seven points. District 2 has been purple through the decade but it was on the blue side of purple before 2020. Beto carried SBOE2 in 2018, but only by 4.5 points; Greg Abbott won it by a wider margin, with Glenn Hegar and George P Bush also carrying it. Based on this I think Cortez would have held it had it been on the ballot last year, but I feel confident they’ll make a stronger push for it next year.

Here’s my look at the 2018 results for these districts, for which Beto won nine districts, carrying SBOE2 and 10 where Biden fell short. As you know, District 5 has been on my radar since 2016 when Hillary Clinton carried it, and it came through as I expected. District 10 was the longest-shot of the potential takeovers, with districts 12 and 6 being in between. If we went into the 2022 elections with the same districts, I’d feel like Democratic SBOE candidates would win between five and seven districts (remember, everyone is on the ballot in the first post-redistricting year), with 2 and 12 being the main variables. I see 6 and 10 as tougher nuts to crack, with 10 having more Republican turf in it, and 6 starting from a redder place and thus just taking longer to get where I think it would be going.

Obviously, all of this will be affected by redistricting, and not only is there a greater degree of freedom for the GOP given the small number of districts, there’s been little to no attention paid to SBOE districts. The SBOE map was never part of any voting rights litigation in the 2011 cycle. I have no idea how much attention it will get this time, but as SBOE5 was one of the few Democratic pickups from 2020, I have to think that people will care a little more about it, on both sides.

As we know, Biden tended to run ahead of the rest of the Democratic ticket. It’s pretty straightforward here, in that the rest of the ticket carried five districts, with everyone winning SBOE5 but falling short in 2, 6, 10, and 12. Consistent with what we have seen in the House and Senate districts, Biden’s number in SBOE2 was about the same as everyone else’s, which you can interpret optimistically (it didn’t get any worse!) or pessimistically (Republicans overall improved, it wasn’t just Trump!) as you see fit.

For comparison, here are the numbers from 2016 and 2012:


Dist Clinton    TrumpClinton%  Trump%
=====================================
01   255,909  169,214   57.4%   37.9%
02   234,172  204,262   51.4%   44.9%
03   282,715  163,940   60.2%   34.9%
04   333,156   76,478   78.7%   18.1%
05   377,928  376,417   47.0%   46.8%
06   286,931  301,142   46.3%   48.6%
07   255,474  407,386   37.1%   59.2%
08   205,760  416,239   31.5%   63.7%
09   148,687  486,392   22.7%   74.1%
10   287,936  346,670   42.5%   51.2%
11   257,515  397,155   37.3%   57.6%
12   315,973  356,576   44.4%   50.1%
13   324,952  102,622   73.5%   23.2%
14   195,965  453,354   28.8%   66.5%
15   114,553  426,441   20.3%   75.5%

Dist   Obama   Romney  Obama% Romney%
=====================================
01   213,132  161,807   56.1%   42.6%
02   209,020  187,147   52.1%   46.7%
03   247,020  149,659   61.4%   37.2%
04   311,236   84,036   78.0%   21.1%
05   294,887  375,942   42.9%   54.7%
06   215,839  332,415   38.8%   59.7%
07   215,952  390,808   35.2%   63.6%
08   160,372  398,664   28.3%   70.3%
09   156,833  449,301   25.6%   73.3%
10   235,591  331,022   40.5%   57.0%
11   210,974  396,329   34.2%   64.3%
12   242,306  373,920   38.7%   59.7%
13   314,630  110,615   73.3%   25.8%
14   163,020  413,181   27.9%   70.6%
15   116,797  413,942   21.7%   76.9%

As noted, Hillary Clinton carried six districts, while Barack Obama carried five. The thing that always interests me is the shift over time, and you can see how dramatic it was in the districts that we’ve been talking about. Mitt Romney won districts 5, 6, 10, and 12 by double digits, with 6 and 12 being 20-point wins for him. Again, we have seen this in the previous posts, these districts are anchored in the big urban and suburban districts that have trended hard blue recently, this is just another way of looking at it. I like having the different views, you can always pick up some nuances when you have different angles.

I’m working on the Congressional data next. As always, let me know what you think.

January 6 committee seeks answers from Paxton

Good. Play hardball and do not let him get away with anything.

Best mugshot ever

The U.S. House committee investigating the Jan. 6 attack on the Capitol has requested communications between Texas Attorney General Ken Paxton and Trump White House officials in the months leading up to the insurrection.

The request was issued this week as a part of a series of letters seeking materials from the National Archives and Records Administration, the Federal Bureau of Investigation, the Department of Homeland Security and other executive agencies.

Committee chair Rep. Bennie Thompson, D-Mississippi, demanded that the National Archives hand over “all documents and communications referring or relating to the 2020 election results between White House officials and officials of State Governments.” The document then listed Paxton specifically, along with seven officials from other states.

In the letter, Thompson emphasized the urgency of the request and gave a deadline of no later than Sept. 9 to comply.

“This is our first request for materials, and we anticipate additional requests as our investigation continues,” Thompson wrote.

This demand comes after Paxton spoke at the pro-Trump rally in Washington, D.C., before the insurrection began, touting his unsuccessful legal effort to overturn the 2020 election.

“We will not quit fighting. We’re Texans, we’re Americans, and the fight will go on,” Paxton told the crowd.

As others have documented, the January 6 committee is asking for a lot, and they’re not fooling around. Paxton was there in DC inciting the crowd, he filed the kind of seditious lawsuit to overturn the election that recently got the Kraken lawyers sanctioned and for which there have been two complaints filed against him, and he’s generally been a remora on Trump’s shark from the beginning. If he doesn’t have something to hide, that will be an upset. All I want from the committee is to not take any bullshit from him. Hit him hard, hit him with subpoenas, and do not let up until you’ve gotten everything there is to be gotten from him.

The real reason (that we already know) why Greg Abbott hates mask mandates

He’s pandering to the base. I mean, duh!

When Texas had its first big surge of COVID hospitalizations, Gov. Greg Abbott responded by shutting down bars and mandating masks.

As the second surge hit, Abbott put in place an automatic trigger to restrict the operating capacities of businesses and halt non-emergency surgeries to free up hospital beds in areas with high hospitalizations.

But now as the state hits a third surge, Abbott — who faces re-election early next year — is doing none of that. Instead, he is suggesting that people wear masks when appropriate and get vaccinated, but only if they want, and vowing not to enact any more mandates.

“There’s no more time for government mandates,” Abbott declared last month in an interview with KPRC in Houston. “This is time for individual responsibility.”

While that has confounded health officials and many big-city leaders as hospitals fill up with patients with COVID-19, the election results for 2020 offer a glimpse into why Abbott, who tested positive for the virus this week, isn’t about to change course.

A Hearst Newspapers analysis shows a strong correlation between the counties with the lowest vaccination rates for COVID-19 and counties that voted heavily for former president Donald Trump, whose supporters Abbott will need to win his primary next spring.

Trump won 80 percent or more of the vote in each of the 10 Texas counties with the lowest vaccination rates.

[…]

Internal polling by the Abbott campaign shows he has been watching his numbers closely — particularly those related to COVID and the border.

Public polling shows 85 percent of Texas Republican voters approve of how Abbott has handled the state’s response to the virus, according to a Quinnipiac University poll released in late June. That poll also showed that while 51 percent of all Texans believe schools should be able to require masks, just 21 percent of Republicans agree. And there is a huge divide based on where people live. Almost 60 percent of respondents in cities supported schools requiring masks; in rural Texas, it’s under 40 percent.

We’ve talked about this stuff before when polls have come out that show a policy like masking has majority support, due to huge support from Dems and majority support from indies but low support from Republicans. Abbott only cares about the latter group, and he’s trying to keep the crazies in line and away from the even bigger wackjobs in the primary race. He’s betting that it won’t cost him in the general, or at least that it won’t cost him too much. There’s only one way to find out. I wish there were something more subtle or profound to say than that, but that’s pretty much it. What you see is what you get.

(I don’t mean for this post to be in any way critical of the Chron story, which is well reported. It’s always good to review the data and see if it actually confirms the thing that we all say we know, because sometimes it doesn’t and we need to reorder our thinking. Here there were no surprises, but it’s still good to put numbers on it.)

A look ahead to Commissioners Court redistricting

As we know, the Census redistricting data is out, and that means a whole lot of map-drawing is in our future. The main focus on this will be in Austin where the Congressional and legislative maps are re-drawn, but those are not the only entities that have this job to do. Harris County will be redrawing its Commissioners Court map, and this time for the first time in decades it will be done with a Democratic majority on the Court. What might be in store? Benjamin Chou with the Texas Signal provides an advance look at the possibilities.

Over the course of the last decade, population in Harris County boomed, growing by over 630,000 residents from 4.1 million in 2010 to 4.7 million today. Most of the population growth occurred in Precincts 3 and 4, which are also the same precincts currently held by the two Republicans.

In this round of redistricting, the Court will need to tweak the districts so that the four precincts have relatively similar population numbers. For this year’s sake, that means increasing the population in Precinct 2 and decreasing the population in Precincts 3 and 4. To do so, the Democratic-majority can attempt a range of actions that can be simplified into 3 main results: maintain the same 3–2 Democratic majority or increase their majority to 4–1.

The current Commissioners Court map was drawn a decade ago, by the then 4–1 Republican majority. At that time, Republicans held Precincts 2, 3, 4 and the county judge position. The map was drawn with the intent to solidify the Republican 4–1 majority by increasing Republican voters in those three precincts, particularly Precinct 2. The court did so by replacing Hispanic Democratic voters with Anglo Republicans.

They were successful through much of the decade. In the high-Republican turnout year of 2014, Republicans crushed Democrats. Republican Governor Greg Abbott won Precinct 2 by more than 16% of votes and Precincts 3 and 4 by more than 20% each. Even in 2018, when Beto O’Rourke lifted Democratic performance to its most competitive level in a generation, the Republican majority barely crumbled. County Judge Hidalgo, the only one of the five members of the court to be elected county-wide, won by less than 2%. Commissioner Garcia won Precinct 2 by 1%. Last year, when Democrats had a chance to flip Precinct 3, the Democratic candidate lost by 5%.

When considering how to redraw the map, the new Democratic majority will likely keep Precinct 1 solidly Democratic while shoring up Precinct 2 for Commissioner Garcia. The question is whether the court makes Precincts 3, 4, or neither more Democratic so a future challenger has a better chance of ousting the Republican incumbents.

The problem with choosing neither means the Republicans have a chance of flipping the current Democratic 3–2 majority in the event Democrats lose the County Judge position. Similarly, if the Court decides to make only Precinct 3 more Democratic, there remains a risk that Republicans win control because Precinct 3 is not up for election until 2024. Because Precinct 4 is up for election in 2022, the safest bet for Democrats to retain uninterrupted control will be to redraw Precinct 4 more Democratic.

Chou goes on to draw three potential new maps, one that just makes Precinct 2 more Democratic, which would end up with the same Court if Judge Hidalgo wins re-election, and one that shores up Precinct 2 while also turning a radically redrawn Precinct 4 Democratic as well. I’ll let you have a look and see what you think. You can also review this tweet from Hector DeLeon to see the Census population figures for each of the four precincts.

It’s a good writeup, and it captures the choices well. A couple of things that were not directly addressed: One, the Latino drift towards Trump in 2020, which we have discussed before multiple times. We saw that manifest here, though perhaps not as much as in South Texas, but in areas that would affect Precinct 2. Biden carried Precinct 2 in 2020 by a tiny margin, while other Dems generally fell short; in 2018 Beto won Precinct 2 by seven points, while other Dems generally carried it by four or five. For a variety of reasons we don’t know how this will play out in 2022, but we should start with the assumption that Latino voters are a little softer than we’d like, so that we don’t overestimate our position.

Two, we can’t just shove Anglo Republicans into Precinct 1 as a way to aid Precinct 2, because the Voting Rights Act is still more or less in effect, and retrogressing its Black population would be a violation of the VRA. Yes, the thought of a Republican plaintiff filing a VRA lawsuit over this is ironic to the point of causing nosebleeds, but care must still be taken.

Three, as Harris County continues to grow and change demographically, Precinct 3 as it is now will likely become more Democratic in time for the 2024 election without much else being done. Betting on that does entail the risk that the Court could swing Republican in 2022, either via Commissioner Garcia losing or Judge Hidalgo losing. I’m less worried about the latter, and the former can certainly be mitigated against, but this would allow for the possibility of getting to 4-1 without a complete redesign of the county map, which might be controversial politically in ways that are not currently apparent.

It should also be noted that redrawing the Commissioners Court map does the same for the HCDE Trustees map. As it happens, due to resignations and appointments, Dems have a 6-1 majority on that body right now, with all three At Large seats plus the Precincts 1, 2, and 3 positions in their column. I’m certain this will be a lower priority for consideration by the mapmakers, but it is worth keeping in mind.

Beyond that, we’ll see. Commissioners Court is under the same time constraints as the Lege, in that they need to get a new map in place in time for the 2022 primaries, whenever they wind up being. Assuming that will take place in May, and the filing period will be pushed back commensurately, they have a couple of months. Expect to see some action soon – if this is like last time, they’ll hire a consultant to do the actual work, with their specifications, and they will formally approve it once it suits their needs and the public has a chance to weigh in. I will of course be keeping an eye out for this.

Texas gets its Medicaid 1115 waiver back

Hrmph.

It’s constitutional – deal with it

A federal district judge on Friday temporarily reinstated a 10-year extension of a federal health care program that Texas uses to help pay for health care for uninsured Texans and is worth billions of dollars annually.

The agreement was set to expire next year after federal health officials in April rescinded the Trump-era extension to the 1115 waiver agreement — which Texas has had with the U.S. Centers for Medicare and Medicaid Services since 2011 and is up for review every few years — and ordered Texas to collect public input, as the agreement requires, while it renegotiates a new extension beyond its original October 2022 expiration date.

The decision did not stop the funding for the current waiver, which provides $3.87 billion in annual funding to partly offset free care provided by Texas hospitals to the uninsured, and to pay for innovative health care projects that serve low-income Texans, often for mental health services.

In his order on Friday, the U.S. District Judge J. Campbell Parker granted a preliminary injunction sought by Texas to block the federal government from rescinding the original Trump-era agreement. The decision removes the requirement, at least for now, for Texas to negotiate its deal with CMS if it wants 1115 funding beyond October 2022.

The decision by CMS was “likely unlawful” and resulted in “turmoil in the state’s Medicaid program,” in part because the state had already begun “reassigning staff, making plans, appropriating money, passing regulations, and engaging stakeholders to work towards implementing the necessary changes” allowed by the original deal, which was confirmed in January before it was rescinded by the Biden administration in April, Barker said in the order.

[…]

The 1115 waiver was meant to be temporary while Texas transitioned to an expanded Medicaid program under the Affordable Care Act of 2010, but that never happened because the U.S. Supreme Court ruled in 2012 that states couldn’t be forced to expand Medicaid.

Since then, the state has relied on the waiver for various programs to care for Texas’ uninsured, with Republican state leaders frequently leaning on it in their arguments against Medicaid expansion.

See here, here, and here for some background. I don’t know the technical details well enough to know if this is a reasonable decision on the merits or if Paxton once again found himself a super friendly judge. I’m not even sure if this means that the entire Trump-approved ten-year extension is back in play, or if there will be another opportunity for the Biden administration to force the issue, perhaps next year when the previous agreement was to expire. Perhaps if one of the alternate means of allowing/forcing Medicaid expansion is part of the reconciliation package, the issue can be revisited, or perhaps largely rendered moot. It does seem likely to me that Congress could change the terms of the 1115 waiver, as the issue here was over the executive action, I just don’t know who would be pushing that in the legislative process. All in all, a deeply unsatisfying state of affairs at this time.

I don’t know what to make of these Spectrum/Ipsos polls about COVID and mask mandates

I’m going to present to you three Spectrum News stories about a poll they commissioned regarding COVID issues, and then I’m going to tell you what I think about them. (Spoiler alert: The post title more or less sums it up, but I will go into more detail.)

Spectrum News/Ipsos poll finds Texas parents want common-sense precautions against COVID in schools.

Most Texans are not aligned with Gov. Greg Abbott when it comes to mask mandates and requiring vaccinations for teachers, students and staff at schools, according to an exclusive Spectrum News/Ipsos poll released this week.

The poll, which comprised more than 1,300 people, including more than 400 parents of school-aged children, was intended to gauge the pulse of how Texans are feeling about state policies, specific politicians and a few hot-button issues.

Generally speaking, the survey suggests, parents’ attitudes toward how the state is handling various issues related to education and schools are all over the place, said Mallory Newall, vice president of public affairs for Ipsos, a French-based analytics company. For example, about two-thirds of parents said they feel their child would be safe returning to school, yet two-thirds also fear their child will catch COVID-19.

“On one hand, a majority of parents are confident that their child will be able to make up lost ground [from missed time],” she said. “They feel that their child would be safe attending school, but there is this concern in the back of their mind about them catching COVID at school.

“So, I would say that in all of that together, parents’ concern isn’t necessarily outweighing their desire for their kids to return to in-person schools,” she continued. “However, most parents want to see common-sense policies in place to protect their kids and to keep them safe. And for those that want them, they feel that virtual options should still be made available.”

[…]

The Spectrum News/Ipsos poll showed Texans generally disapprove of Abbott’s handling of COVID-19, and when it comes to certain proposals around COVID-19 and back to school, the public is also misaligned with the governor. For example, only 17% of all Texans, and 22% of parents with a school-aged child, believe students who test positive for COVID-19 should not have to quarantine. In another example of Texans disagreeing with Abbott’s orders, nine in 10 believe schools should be required to notify parents if a child or teacher tests positive — regardless of whether it’s in their classroom (92% support) or in the school as a whole (89% support).

Around half of the people surveyed said they are worried about their children’s mental health (49%), and roughly the same number said their children suffered during the pandemic (47%).

Also, breaking with the governor’s actions, the poll showed broad support for requiring vaccines for teachers and students and providing virtual learning in schools. Support for these proposals is significantly different by party. Though there is low support among Republicans, significant majorities of Democrats and independents favor these policies, leading to overall high levels of support.

Spectrum News/Ipsos poll finds COVID is a major factor in back-to-school concerns.

Parents feel safe allowing their children to return to in-school learning, but, at the same time, most fear their child will catch COVID-19. This seemingly contradictory revelation is part of an exclusive Spectrum News/Ipsos poll released this week.

As the debate about how to handle getting children safely back to school continues nationwide, Ipsos, a global research insight and analytics company, gathered data on this and other current news topics from more than 1,300 Texans, including more than 400 parents of school-aged children.

The poll found that two-thirds of parents (64%) said they feel their child would be safe returning to school, yet two-thirds (66%) also fear their child will catch COVID-19.

The poll revealed that Texans’ feelings toward COVID-19 don’t generally align with Gov. Greg Abbott’s orders, but they are still supportive of classrooms being open — for those who want it.

[…]

Around half of parents, 49%, approve of Abbott’s plans for sending children back to school, and parents do not differ from the general public on this (47% of parents with kids 4-17 approve). Notably, just 39% of Texans agree that policymakers in the state are making decisions about COVID-19 that are based on science. Republican parents are the only demographic group in the survey in which a majority agree with this statement.

The survey found about half of Texas parents say they are worried about their child right now (49%), that their mental health has suffered during the pandemic (47%), and that they do not/would not have enough time to help with remote learning (49%).

Spectrum News/Ipsos Poll finds Texans are leery of policymakers when it comes to COVID.

As Texans are left to fend for themselves against COVID, Abbott’s popularity has taken a hit. The Spectrum News/Ipsos Poll found that only 46% of Texans approve of the job he’s doing overall, compared to just over half last year. Most (53%) disapprove.

Overwhelmingly, the pandemic is the issue most Texans are focused on, the poll found, and it’s also the issue Abbott is doing worst on. Now, just 43% approve of the job he’s doing on COVID-19, compared to 49-58% for other issues in the survey. Last year, his approval rating on the coronavirus was more evenly split (48% approved, 43% disapproved in 2020).

The only person Texans trust less than Abbott on COVID is former president Donald Trump. Exactly half, on the other hand, trust President Joe Biden to provide them accurate information on COVID-19.

One demographic that appears to struggle with Abbott’s decisions related to COVID is parents, who are left to grapple with the prospect of sending their children back to schools that offer little state-mandated protection against the deadly virus.

The Spectrum News/Ipsos Poll found 72% of parents support mask requirements in K-12 schools. The data showed significant differences of opinion by race, ethnicity and political party. However, even half or more Republicans support mask requirements in offices, grocery and retail stores, transit hubs and sports stadiums.

When it comes to certain proposals around COVID-19 and back to school, the public is once again misaligned with the governor. For example, just 17% of all Texans, and 22% of parents with a school-aged child, support the following proposal: “Students who test positive for COVID-19 should not have to quarantine.” On the other hand, nine in 10 believe schools should be required to notify parents if a child or teacher tests positive — regardless of whether it’s in their classroom (92% support) or in the school as a whole (89% support).

There is broad support for requiring vaccines for teachers and students alike. Support for these proposals is significantly different by political party. Though there is low support among Republicans, significant majorities of Democrats and independents favor these policies, leading to overall high levels of support.

I found the first link via Reform Austin. The other two I found via Google search, though as you can see there’s some overlap among them.

This is normally where I would link to the poll data, and that is my first and biggest problem with this: I can’t find any link to poll data, in any of these stories. That means I know nothing about the sample used – it seems clear this is a poll of all adults, but it doesn’t say how many are registered to vote, and of course there’s no breakdown by age, race and ethnicity, gender, partisanship, etc – or whether it was a phone or online poll or a hybrid, or what the question wording was, etc etc etc.

Note how inexact some of the data points cited in the stories are – “significant majorities of Democrats and independents favor these policies”, “even half or more Republicans support mask requirements”, “he only person Texans trust less than Abbott on COVID is former president Donald Trump”, and so on. What does any of that mean? How wide are the partisan splits? Especially for the approval questions, the partisan makeup of the sample, and how they voted in 2020 – and how many of them didn’t vote in 2020 – is a big deal. All I have here is vague gestures.

I mean, none of these results strike me as outlandish. The national polling data we have (see here for an example, and I just now noticed that’s also an Ipsos poll, released at the same time as this poll, which makes me wonder) suggests that Abbott’s extreme stances are out of line with what normal people think, and I can believe/absolutely want to believe that his approval rating has dipped as a result. But you know the mantra: It’s just one poll, and it has no data that I can parse. I can only go so far with that.

If we’re lucky, this means that there’s about to be some more polling to come. It’s been a couple of months since the last round of polls, and so maybe the usual suspects will be out in the field soon. Lord knows, there’s plenty for them to ask about. I’ll be keeping an eye out as always.

A response to Paxton’s response

As you may recall, back in June we learned about a State Bar of Texas complaint against Ken Paxton for his ridiculous and seditious lawsuit that attempted to overturn the 2020 Presidential election. That complaint was filed by four people: Kevin Moran, retired journalist, President of the Galveston Island Democrats; David Chew, former Chief Justice of the 8th Court of Appeals; Brynne VanHettinga, a now inactive member of the Texas Bar; and Neil Cohen, a retired attorney. A second complaint was later filed by Lawyers Defending American Democracy, part of a group that included four former Presidents of the State Bar of Texas.

I’ve had some email correspondence with Neil Cohen, who was introduced to me via a mutual friend, since that first complaint came to light. He sent me the following analysis of Paxton’s responses to the complaints:

Ken Paxton’s recent [7/15] Response to four Grievances arising from his December lawsuit to overturn the election demonstrates that his claims of a stolen election and of illegal voting procedures were merely posturing to improve his political standing. The top law officer of Texas put our system of democracy in grave danger for his own political benefit.

The Grievances charged that his lawsuit is filled with falsehoods and absurd legal claims, thus violating attorney disciplinary rules. Paxton’s response failed to defend large sections of the lawsuit. As to his claims of massive voting improprieties, Paxton stated that he had hoped to develop the evidence during trial. (1) That, however, was his only evidence in support of his stolen election claims. Thus, Paxton’s tacit admission that he has no evidence to support his claims is strong proof that there is no evidence of a stolen election. The “Big Lie” is indeed a big lie. His admission is also in marked contrast to his repeated claims in the month between the filing of the lawsuit and the meeting of the electors on Jan 6 that the election was stolen and his urging Trump supporters to take action. Those claims culminated in Paxton’s appeal to a mob to “keep fighting” shortly before they invaded the Capitol Building.

As to legal claims, Paxton did not offer a defense of several essential claims (2), including the most important, that the proper remedy was overturning the election and disenfranchising millions of voters. On the issue of standing, where by a 7-0 vote [two justices ruled based on other issues] the Supreme Court had rejected Paxton’s arguments that Texas had the right to dictate to four other sovereign states how they conducted their election lawsuit, Paxton merely reiterated his arguments.

Instead of better defending his lawsuit, Paxton instead relies on two very weak procedural arguments. First, the Bar shouldn’t hear the Grievances because the filers weren’t his client. (3) The Disciplinary Rules, however, specifically provide that anyone with information about rule violations can file a grievance. (4) He also argues, without citing cases specific to attorney discipline, that the separation of powers doctrine prevents a court system from disciplining an attorney general for a court filing. (5) This is contrary to the cases I found. (6) Also, moving from the abstract level of his argument to the specific facts of this case, Paxton is arguing for the privilege to lie and to bring lawsuits that lack any reasonable basis. That privilege is non-existent. In fact, an attorney appearing before a court acts as an officer of the court and is therefore subject to discipline from the court (and from the relevant bar associations).

The weakness of Paxton’s Response demonstrates that the lawsuit violates attorney disciplinary rules and that his claims of a stolen election are nonsense. Because of the serious consequences of Paxton’s action, including an invasion of the Capitol Building, the Bar should impose its most serious punishment, disbarment. In addition, Paxton should be removed from office.

1 Response, pp. 12-13.
2 What he did defend — See Response, p. 8 (standing), p. 10 (electors clause), p. 11 (equal protection and due process).
3 Response, p. 13.
4 https://www.law.uh.edu/libraries/ethics/attydiscipline/howfile.html The second question (which is not numbered) states, "Any person who believes that a rule of professional conduct has been violated may file a complaint with the State Bar."  (emphasis added).
5 Response, p. 20
6 In re Lord, 255 Minn. 370 (Minn. 1959) • 97 N.W.2d 287; Massameno v. Statewide Grievance Committee, 234 Conn. 539 (Conn. 1995) • 663 A.2d 317.

I have a copy of the Paxton response here, and further notes from Cohen on the response are here.

As it happens, there was also a story in Salon about the complaint and Paxton’s limited and technicality-laden response to it:

Texas Attorney General Ken Paxton, an ardent Trump supporter who was the lead plaintiff in a last-ditch Supreme Court case aimed at overturning the 2020 election, appears to be backing away from his past claims of widespread election fraud. Facing discipline or even potential disbarment in Texas, Paxton now merely alleges that there were “irregularities” in battleground states, while still suggesting those could somehow have affected the overall result

Paxton’s apparent retreat came earlier this month in response to an array of grievances filed by several members of the Texas bar: retired lawyer Neil Cohen; Kevin Moran, president of the Galveston Island Democrats; former Texas Court of Appeals Chief Justice David Chew; and Dr. Brynne VanHettinga. In their initial complaint, the group argued that Paxton should face professional discipline over his bid to undermine the 2020 presidential election, saying that Paxton’s December petition to the U.S. Supreme Court, arguing that President Biden’s victory should be set aside, was both frivolous and unethical.

In Paxton’s response to their grievances, which was provided to Salon, the attorney general argued that “Texas’s filings were not frivolous” because “the 2020 election suffered from significant and unconstitutional irregularities in the Defendant States.” Paxton further claimed that, by this logic, he and his office “did not violate the disciplinary rules.”

Paxton’s response is a clear departure from his previous rhetoric, much of which explicitly supported former President Trump’s grandiose conspiracy theories about systemic election fraud. Earlier this month, Paxton told a Dallas crowd at the Conservative Political Action Conference that his “fight” for election security “is not done.”

“When people tell you there is no election fraud, let me just tell you my office right now has 511 counts in court because of COVID waiting to be heard,” Paxton continued. “We have another 386 that we’re investigating. If you add those together, that’s more election fraud than my office has prosecuted since it started investigating election fraud years and years ago.”

Paxton is notably less bombastic in his response to the Texas bar, but mentions the same “irregularities” that his original Texas suit claimed had tainted the elections in swing states such as Pennsylvania, Georgia, Michigan and Wisconsin. Effectively all of those supposed “irregularities” were changes in voting rules made in response to the COVID-19 crisis, which created significant challenges for both in-person and absentee voting.

[…]

In an evident attempt to ward off the threat of disbarment, Paxton’s response seeks to explain why the suit had any legal basis or “standing.” He argues, somewhat confusingly: “Texas’s assertion that it had standing in Texas v. Pennsylvania could not have been frivolous. There are no Supreme Court cases contrary to its position that it had standing.”

But Paxton indirectly admits, in Cohen’s view, that he had no real evidence of fraud, and apparently “hoped to develop the evidence during discovery.” In other words, his entire case could be interpreted as a fishing expedition, or just an attempt to rile up the Trump base with unsupported allegations. “That’s in contrast to his behavior for the month after filing the lawsuit,” Cohen said, “when he repeatedly claimed the election was stolen and urged people to take action.”

So now you know. I have no idea when the State Bar may issue a ruling, and as richly as Paxton deserves to be disbarred, I can’t see them doing much more than issuing some kind of reprimand. But at least that would be something. My thanks to Neil Cohen for the info and the guest post.

Paxton “wins” Trump endorsement

Play stupid games, win stupid prizes.

Sure to be a collectors item

Former President Donald Trump has backed Attorney General Ken Paxton for reelection, passing over primary challenger George P. Bush in bestowing the highly sought-after endorsement.

“It is going to take a PATRIOT like Ken Paxton to advance America First policies in order to Make America Great Again,” Trump said in a statement Monday evening. “Ken has my Complete and Total Endorsement for another term as Attorney General of Texas. He is a true Texan who will keep Texas safe—and will never let you down!”

Trump has teased an endorsement in the primary ever since the days before Bush, the land commissioner, announced he was challenging Paxton. Eva Guzman, the former state Supreme Court justice, has since launched a primary bid against Paxton as well.

But the hunt for Trump’s endorsement had centered intensely on Paxton and Bush, who was the only prominent member of his famous political family to support Trump in the 2016 election. Paxton had expressed confidence that Trump’s endorsement would eventually come through for him, while Bush talked multiple times with Trump about the race and met with him earlier this month at his Bedminster club in New Jersey.

[…]

Bush made little secret that he badly wanted Trump’s endorsement. His campaign played up 2019 comments in which Trump said the land commissioner was “the only Bush that got it right.”

Minutes after Trump released his Paxton endorsement, Bush appeared to respond on Twitter by reiterating the incumbent’s legal troubles.

See here for some background. I think we know what the “P” stands for now. The Chron has more.

Jake Ellzey wins CD06 special election runoff

I confess, I had totally forgotten about this.

Jake Ellzey

State Rep. Jake Ellzey of Waxahachie beat fellow Republican Susan Wright on Tuesday to succeed her late husband, U.S. Rep. Ron Wright, R-Arlington, and pull off a major upset against a candidate backed by former President Donald Trump.

With all precincts reporting Wednesday morning, Ellzey got 53% of the vote, while Susan Wright, a longtime GOP activist, received 47%, according to unofficial results.

Ellzey declared victory in a speech shortly after 9 p.m., addressing supporters in Ennis.

[…]

Susan Wright and Ellzey came out on top of a May 1 special election that featured 21 other candidates. She finished first with 19% of the vote, while Ellzey got 14%.

Trump endorsed Susan Wright in the final days before the May 1 election. He got more involved in the runoff, issuing three statements reiterating his endorsement, starring in a robocall for her and headlining a telephone rally for her on Monday night.

Ellzey relied on support from former Gov. Rick Perry and U.S. Rep. Dan Crenshaw of Houston, a fellow Navy veteran who came off the sidelines in the runoff. Perry and other Ellzey allies suggested Trump had been misled into endorsing Susan Wright.

National attention on the race dimmed after Democrats narrowly missed the runoff, a disappointment for the party in a district that Trump won by only 3 percentage points last year. But Ellzey kept things competitive in the intraparty matchup, significantly outraising Susan Wright during the latest campaign finance reporting period and rallying his supporters against a barrage of attacks from the pro-Wright Club for Growth.

The DMN goes into the campaign and the Trump effect.

Ellzey’s victory was a blow to former President Donald Trump, who endorsed Wright over the objections of several major Texas Republicans, including former Texas Gov. Rick Perry.

Trump is perceived to be the leader of the Republican Party, both nationally and locally, and the 6th Congressional District race was a test of his political clout in his post presidency. Though he didn’t campaign for Wright in Texas, he hosted two tele-rallies on her behalf, but couldn’t push her past Ellzey.

[…]

The contest, which featured two Republican candidates, was largely a test on whether Trump is still the most influential player in the Republican Party.

His backing of Wright is believed to have helped her in Ellis and Navarro counties, both Republican strongholds easily carried by Trump in his presidential elections, and where Ellzey, who lives in Waxahachie, had hoped to establish a beachhead. He represents a Texas House district that is anchored in Ellis County.

Wright won Trump’s endorsement upon the advice from officials at the Club for Growth, and his belief, according to several with knowledge of his decision, that Wright had a built-in advantage because she’s the widow of Ron Wright.

In the days leading up to the general election, Trump stepped up his outreach to voters, twice restating his endorsement of Wright, recording automatic phone calls that went throughout the district and advertising through his super PAC on television.

Ellzey’s biggest challenge was to overcome Trump’s endorsement, and he struggled at times to find an answer to why the former president saw fit to get involved in the race.

For most of the campaign, Ellzey, with surrogates like Perry, appealed to base Republican voters. But days before the election he sent campaign mailers to Democratic Party voters in the district. Those mailers, along with text messages voters received from some source, portrayed Ellzey as a fighter for public education, while pointing out that Wright is endorsed by Trump.

It’s possible that Ellzey was able to mine Democratic voters who otherwise would have skipped a race featuring two Republicans. Wright’s campaign had already been pounding Ellzey as a tool for Democrats, so he couldn’t openly court those voters until the final days of his campaign.

“He would like it if Democrats vote for him, but he sure doesn’t want to go out on a date with one,” Democratic strategist Matt Angle said of Ellzey’s imagery.

There was some discourse, mostly on Twitter, about how this result was a referendum on Trump and his influence. I would advise anyone to take that with an extreme grain of salt, as we should always be at least a little skeptical of special election and runoff results. That said, if Wright had won, Trump would be crowing about it, and the received wisdom would be that his influence was the difference maker. That would have been way overblown as well, but to the extent that one accepts that premise, it’s worth keeping the counterexample in mind.

Ellzey’s last-minute campaign pitch to Democrats was a smart play. They were obviously not the main targets in the race, but this wasn’t a primary runoff and they were allowed to participate. One might also recall that CD06 is (at least as currently drawn) a purple district, one in which Joe Biden got 48% of the vote. In other words, there were plenty of Dems to court, even with a very simple message, and that could be a big deal in an otherwise close race. If what Dem voters got out of it was a finger in the eye to Trump, it was worth it. As relationships go, this was a total one-night stand, but it got Ellzey where he wanted to go.

One more thing:

It doesn’t change the math directly – 51 missing Democrats still make for a lack of quorum – but if a couple of Republicans are not there as well, for whatever the reason, then you’d need more Democrats to be back to get to the minimum number of 100 present members. I would normally expect the special election to replace Ellzey in the House (his district is HD10) to be this November, but it’s possible Greg Abbott will expedite it because of the forthcoming special session(s) on redistricting. We should know for sure in a couple of weeks. Daily Kos has more.

Sure, let’s have a fraudit here in Texas

What could possibly go wrong?

Unfair to clowns, honestly

Republican House members are seeking a forensic audit of the November election results, but only in Texas’ largest counties that mostly went for Democrat Joe Biden.

Legislation filed by Rep. Steve Toth, R-The Woodlands, requires the state’s Republican leadership to appoint an “independent third party” to carry out the audit. Among the bill’s 15 GOP co-authors are Deer Park Rep. Briscoe Cain, who chairs the House Elections Committee, and Cypress Rep. Tom Oliverson, vice chairman of the House Republican Caucus.

“Texans want to know more about the claims of voter fraud and deserve to have confidence in their elections,” Toth said in a statement about House Bill 241. “Voters want to know that their legal vote counts and matters.”

The legislation will likely go nowhere in the 30-day special session, since Democrats’ walkout stopped the GOP-led House from conducting any business. But the push shows how, despite no evidence of widespread fraud and in a state Donald Trump carried, some Republicans are still raising questions about the 2020 election results six months after Biden took office.

[…]

Rep. Chris Turner, who chairs the Texas House Democratic Caucus, said Tuesday that the legislation sounds like “it’s all based on the lie that there’s widespread voter fraud and Donald Trump really won the election.”

“I don’t know if these folks are aware of it, Trump actually did carry Texas,” said Turner, D-Grand Prairie. “So I’m not sure what they’re trying to find in their audit.”

The same thing they’ve been looking for from the beginning, which is strategies, methods, and justifications for delegitimizing Democratic votes and voters, especially non-white votes and voters. The tell is in the way the size of the counties that are in scope for this is defined: Counties with at least 415,000 people, which as noted are the top 13 counties by population in Texas. Why stop there, and why such a weird population cutoff number? Well, if you take the next 13 counties, 11 of them were carried by Trump. If you go down to the next 13 on the list, which gets you to all counties with at least 100,000 people (a much nicer, rounder number than 415,000), all 13 were won by Trump. It’s just that simple – maximize the scrutiny on Democratic counties and find ways to make them look suspicious, while minimizing it on Republican counties. It’s genius, in its malicious way. And by the way, this isn’t just my inference. It’s what Steve Toth has explicitly said.

Now some of these counties not-top-13 counties were close – Jefferson and Nueces were just barely won by Trump – and some others are (as we have seen) clearly trending Democratic, like Brazos and Brazoria. But still, they were won by Trump and thus are not of interest to anti-democrats like Toth and Cain. Ken Paxton, who knows a thing or two about making egregiously false claims about the 2020 election, has signed on to this farce as well. Does anyone think Greg Abbott will resist? Hope he’s distracted by some other shiny object, or that someone reminds him of how these audits have caused tons of election equipment to be decertified as a result of being mauled by the incompetent frauditors. As with everything else at this point, if they want to do it and a quorum exists, there’s precious little Dems can do to stop them.

Another State Bar complaint against Paxton

He certainly deserves all the trouble this has brought him. Whether any of it leads to actual consequences, we’ll have to see.

Best mugshot ever

Four former presidents of the State Bar of Texas joined a group of high-profile lawyers on Wednesday to file an ethics complaint against Texas Attorney General Ken Paxton, a Republican, over his efforts to overturn President Joe Biden’s 2020 election victory against former President Donald Trump.

Paxton filed a widely criticized lawsuit with the Supreme Court in December, in which he sued the battleground states of Georgia, Michigan, Pennsylvania and Wisconsin over what he claimed were “unconstitutional irregularities” in their election processes. The Supreme Court rejected the lawsuit, which came as Trump and his allies repeatedly promoted baseless allegations that the 2020 presidential election was “rigged” or “stolen.”

The organization Lawyers Defending American Democracy, which asserts it is not partisan, filed the lawsuit in connection with 16 prominent Texas attorneys.

“The injunction Mr. Paxton sought with the Supreme Court would have usurped the presidency for the next four years and cast doubt on whether truly democratic presidential elections would ever have been restored in America,” Jim Harrington, one of the complaints signers and a retired founder of the Texas Civil Rights Project, said in a statement published on LDAD’s website.

Harrington said Paxton’s actions “demonstrated his disregard for the ethical rules which govern lawyers and for our country’s democratic principles.”

As you may recall, there’s already such a complaint against Paxton. I don’t know how the State Bar works, but I would assume these two would be combined. Reading that earlier post reminded me that Paxton was supposed to have responded to that complaint within 30 days, and indeed he has responded, asking for the complaint to be dropped – he’s basically saying that the original complainant doesn’t have standing to file against him. As a non-lawyer, I shrug my shoulders as I have no way to evaluate this claim on my own. Those of you who are lawyers, feel free to enlighten us.

Above the Law adds some details.

The bar complaint alleges that Paxton violated the Texas Disciplinary Rules of Professional Conduct by filing a frivolous suit, making false statements of fact and law to a tribunal, engaging in deceitful conduct, and failing to uphold the Constitution.

The complainants point to Paxton’s representation that Biden’s odds of winning the election were less than one in a quadrillion, a gross distortion of a economist Charles Cicchetti’s assertion that this was the probability of Biden winning if the votes before and after 3am were randomly drawn from the population as a whole. Cicchetti’s analysis was ridiculous on its face even before Paxton mangled it — the differential between in-person votes favoring Trump and absentee ballots favoring Biden had been widely predicted. And furthermore, smaller rural areas, which tend to lean Republican, were always going to complete their counting before cities like Philadelphia and Atlanta.

As for misstatements of law, the complainants point to Paxton’s bizarre theory of standing which “flew in the face of the Electors Clause and the bedrock constitutional principle of each State’s sovereignty within our federal system.”

“The standing to sue Mr. Paxton sought from the Supreme Court had no basis in law and would have been a prescription for an autocratic President to perpetuate his power indefinitely against the will of the voters,” said Gershon (Gary) Ratner, co-founder of Lawyers Defending American Democracy and principal author of the complaint.

Here’s the LDAD statement on their complaint, and here’s the complaint itself for your perusal. Note that they had called for Paxton to be sanctioned within a week of his filing that ridiculous lawsuit. I don’t know if it took them this long to prepare their complaint or if there was something else going on, but here we are. I don’t know enough to add anything else at this point, so stay tuned.

The DACA ruling

Ugh.

Best mugshot ever

A federal judge in Texas ruled Friday that Deferred Action for Childhood Arrivals, a program that allows certain immigrants to temporarily avoid deportation and receive renewable work permits, is illegal and ordered the Biden administration to stop granting new applications.

Judge Andrew Hanen’s order won’t affect current DACA recipients who have the two-year renewable work permits.

“[T]hese rulings do not resolve the issue of the hundreds of thousands of DACA recipients and others who have relied upon this program for almost a decade,” Hanen’s order says. “That reliance has not diminished and may, in fact, have increased over time.”

The ruling stems from a 2018 lawsuit filed by Texas Attorney General Ken Paxton and eight other states against the federal argument. The complaint argues that Texas and the other states face irreparable harm because they bear extra costs from providing health care, education and law enforcement protection to DACA recipients.

Across the country there are more than 600,000 DACA recipients, including 101,970 in Texas, which has the second most DACA recipients in the country after California, according to U.S. Citizenship and Immigration Services.

In 2012, the Obama administration created the program to allow immigrants who were brought to the country illegally to be able to temporarily avoid deportation, work legally and pay taxes.

Hanen said the Obama administration did not use the right legal procedure to create the program, making it illegal.

The program has survived previous court rulings. But the Trump administration had put an end to the program before a U.S. Supreme Court ruling a year ago allowed the federal government to continue it.

The latest ruling will prevent the approval of at least 50,000 new DACA applicants nationwide who applied earlier this year but were not approved before Friday’s ruling, based on USCIS statistics.

There’s a lot of backstory to this, as the original threat of litigation came in 2017. See here, here, here, here, here, here, and here for previous blogging.

What we know at this point: The ruling will be appealed, and I think there’s a decent chance that it is put on hold pending appeals. It will still have a negative effect on a lot of people, many of whom have been in a state of limbo already for a decade or more. There’s a good argument that Judge Hanen’s ruling is erroneous, and thus could be overturned. But really, this is now a super duper way-past-due emergency for the Democrats to fix legislatively while they can. The filibuster is the reason the DREAM Act of 2010 (which had I believe 55 votes in favor) didn’t pass – it’s a bit misleading even to say it had “55 votes in favor”, because that was 55 votes to suspend debate and allow for a vote; it never actually got an up-or-down vote on the Senate floor – and we cannot let it be the reason it fails again. There’s talk of including a new DREAM Act in the infrastructure bill that will be passed by reconciliation. It’s ludicrous that we have to resort to such legerdemain to pass a bill that has majority support, but ultimately I don’t care as long as the damn thing passes.

And finally, another thing we have known for a long time is that Ken Paxton has gotta go. Electing Justin Nelson in 2018 would not have stopped this lawsuit – it had already been heard by Election Day that year, and as noted there were eight other states as plaintiffs – but that’s beside the point. Dumping Ken Paxton’s felonious ass will go a long way towards preventing other bad things from happening. In the short term, though: The DREAM Act has got to pass. No excuses, no other way out. Stace has more.

P Bush files a Paxton-style lawsuit

What a wannabe.

Texas Land Commissioner George P. Bush has filed a lawsuit against the Biden administration, claiming the president is illegally preventing the construction of a wall on the Texas-Mexico border.

Bush announced the lawsuit Wednesday, saying his office is suing Biden and Department of Homeland Security Secretary Alejandro Mayorkas “on grounds that (the Biden administration) is illegally preventing the border wall from being constructed.”

“The issue here is simple — no man is above the law. And that includes President Biden,” Bush said.

[…]

The complaint by Bush, filed in U.S. District Court in McAllen on Tuesday, argues that between 2018 and 2021, Congress approved $5 billion for the construction of barriers along the U.S.-Mexico border and Biden had no legal right to halt construction on the project.

On Inauguration Day, Biden issued an executive order calling the border wall a “waste of money” and saying that it was “not a serious policy solution.”

The complaint asks federal judge Ricardo H. Hinojosa to rule Biden’s order illegal and to stop Mayorkas from diverting the funds earmarked for the wall to other uses.

“This lawsuit is not about whether border walls are effective. It is about whether a President may unilaterally override these duly enacted appropriations bills to fulfill a campaign promise,” the lawsuit says.

It’s about more than that, I think we can all agree. I have no idea what if any merits there are to this suit – I couldn’t find any legal analysis in the stories I found while googling around. I suspect that the political mission has been accomplished, and that’s what really matters. We’ll see about the rest.

Day 3 not as long omnibus quorum busting post

Let’s jump right in…

Who’s paying for Texas Democrats’ trip to DC? Beto O’Rourke has already raised $400K.

Beto O’Rourke’s political action committee has raised nearly half a million dollars to support Texas Democrats’ escape to Washington, D.C., he said Tuesday night.

O’Rourke, a former El Paso congressman and possible 2022 candidate for governor, has been soliciting donations for the Democrats on Twitter since they fled to the nation’s capital on Monday. It’s the second time House Democrats have broken quorum in about six weeks to kill a controversial elections bill championed by Texas’ GOP leaders.

The PAC, Powered By People, has raised more than $430,000 so far, O’Rourke said.

“Up to them to use it for whatever keeps them in the fight for as long as it takes,” he said.

The 60 or so fugitive Democrats have repeatedly said that no taxpayer dollars are funding the expenses for their stay in Washington, which could last as long as Aug. 7, the end of the special session in Austin. Legislators have been using campaign funds and personal funds, they said.

State Rep. Trey Martinez Fischer, D-San Antonio, said he paid for the first night of hotel rooms and meeting spaces for the group on Monday.

The effort has garnered national attention, and some celebrities have joined the fundraising push. Texas icon Willie Nelson and his wife, Annie, matched $5,000 in donations on Tuesday.

The Trib also covered this topic. Greg Abbott has been out there claiming the Dems are using taxpayer funds for this journey, which is nonsense. As I said up front, of course this is going to be a fundraising opportunity for the Dems, partly because firing up the base is a key component and partly because they’re going to need it. It’s pretty simple.

Behind the partisan drama lies a profoundly serious struggle over who gets shut out under Texas voting laws.

The dramatic exodus of Democratic Texas lawmakers to block a Republican voting bill has choked the political airways in a haze of confusion, posturing and finger-pointing.

But beneath the smoke, a fire rages.

Many Democrats, especially those who are people of color, are incensed, seeing the latest Republican voting bill as another moment of crisis in a state they believe has long marginalized people like them in the halls of power.

Many Republicans, passions stoked by unsubstantiated claims of widespread voting fraud, see their hold on political power slipping away, and are clamoring for a firewall.

The struggle over voting rights in Texas goes beyond the legislative theatrics of the moment. It is fundamentally a clash not just of elected officials, but of the two constituencies they represent. It is a fight over whose voices will be heard that began long before the Democrats shut down the Texas Legislature, and the stakes are not trivial.

The two days preceding the Democratic flight offered a microcosm of the standoff.

[…]

In the lead up to their quorum break, Democrats appeared frustrated at Republicans’ lack of consideration for the fallout voters of color could face from their proposals. Throughout the legislative debates, they’ve repeatedly pressed GOP bill authors on whether they’ve sought disparate impact studies to assess if their new voting rules would disproportionately harm voters of color. (Republicans have consistently responded they have not.)

But Democrats’ retort since fleeing the state — that their actions are an extreme but necessary effort at safeguarding their own communities from the Republicans in charge of the state — have underlined the reason behind their destination.

Conceding they don’t have the sufficient numbers to block the Texas legislation indefinitely, they have thrust their fight onto the national stage in hopes of helping increase pressure on Congress to pass federal legislation to restore sweeping protections for voters of color.

“Texas’ generations-long pattern of discrimination is not in the past; it is alive and present today in the anti-voter bills before the Texas State Legislature,” state Rep. Trey Martinez Fischer, D-San Antonio, said in a statement about the quorum break. “This is part of a calculated and deliberate Republican plan to chip away at the freedom to vote and to choose our leaders.”

Their remarks echoed the series of federal court rulings in recent years that found state lawmakers have repeatedly and intentionally discriminated against voters of color, often by diluting the power of their votes in selecting their representatives.

The high-stakes fight in Congress centers on a pair of federal bills, including one that could place Texas, and other states with a history of discrimination against voters of color, back under federal supervision of its election laws and redistricting.

For decades, that oversight — known as preclearance — proved to be a powerful mechanism for keeping Texas laws and political maps from going into effect until the Department of Justice or a federal court ensured they wouldn’t undermine the voting rights of people of color.

Before it was wiped out by the U.S. Supreme Court in 2013, preclearance forestalled the adoption of the state’s 2011 redistricting maps before they were revised by the federal courts. It also kept Texas from immediately implementing its stringent voter ID law, which was eventually slightly rewritten as a result of the legal intervention over the way it targeted Hispanic and Black voters who were less likely to have the one of the IDs that were not required to cast a ballot.

Texas Democrats have been able to easily align their efforts with calls for the restoration of those protections because they would wholly benefit the voters of color that are in the majority in most of their districts. Republicans’ political base is more likely to be made up of older, white Texans, while Democrats rely on a more diverse electorate with huge vote counts coming in from the state’s urban metros.

A lot of this is going to be about attention and headlines and winning hearts and minds and news cycles, but at the core there’s a serious policy issue, and Dems are giving it the level of commitment they believe it deserves. I hope that’s one of the messages that gets through to lower-information voters.

‘We are in a state of crisis’ Texas Black faith leaders speak against voter suppression legislation.

In a press conference on Tuesday highlighting Texas Republicans latest push on voter suppression bills, Black faith leaders from across the state asked Gov. Greg Abbott for a meeting to discuss voting legislation.

In addition to the meeting, leaders also asked constituents to participate in the Push Democracy Forward and the Austin Justice Coalition Prayer and Justice March on Voter Suppression at the steps of the Austin Capitol on July 15.

According to Dixon, buses will be provided in cities across the state for constituents who want to participate in the march.

“Texas is headed toward a dangerous tipping point,” Bishop James Dixon, President of the Houston chapter of the NAACP said. “We are indeed a state and a nation in crisis.”

The Black clergy said they are hoping to provide spiritual and moral leadership in the community regarding voting rights.

“We intend to make it clear that this issue is more than political,” Dixon said. “People are being misunderstood and the truth is being misrepresented.”

Dixon also said the Black clergy will be sending an open letter to non-Black clergy colleagues to meet and stand in solidarity.

“We all read from the same Bible thus we should be able to stand together for justice,” Dixon said.

Furthermore, Rev. Frederick D. Haynes III said Austin is the new Selma.

“We’re coming to Austin to say Texas, America, you must be born again,” Haynes said. “Voter suppression and democratic subversion taking place in Texas is a result of an addiction to the big lie and it’s connectected to the terrorist sedition of Jan. 6.”

Not much you can say to that except “Amen”.

Scenarios: Where Texas Dems go from here.

Texas Democrats made national news this week when they once again denied a quorum in the state legislature, preventing the Texas House from conducting business and thus preventing the passage of an egregious voter suppression bill.

So what happens next? Democrats have some options here.

1. LOBBYING TO PASS FEDERAL VOTING RIGHTS LEGISLATION
In flying to D.C. to break quorum, Democrats are continuing their work in a different forum. Their presence expresses urgency to President Biden, Senator Schumer, and Speaker Pelosi to use their majorities to pass federal voting rights legislation.

This is bigger than just Texas, because what we’re seeing in the Lone Star State is what we also saw in state legislative chambers around the country – Donald Trump’s claim that he lost the election due to unsubstantiated voter fraud, also known as “The Big Lie,” has become the basis for voter suppression laws around the country.

Things like limiting the number of polling places in cities but not in rural areas, limiting access to vote by mail, limiting voting hours, criminalizing clerical errors on voter registration cards, allowing judges to overturn elections simply based on claims and not evidence, and empowering partisan poll watchers to interfere with balloting are some of the more egregious efforts in these bills.

Democrats must use their national leverage to protect our free and fair elections, and neither Donald Trump nor state legislatures should be allowed to stifle those elections.

Door #2 is “Keep delaying the special session”, perhaps until the Supreme Court settles the legislative funding veto; Door #3 is “Republicans can negotiate”; and Door #4 is “Democrats return, nothing changes”. We don’t want to open Door #4.

That’s all for today. Tune in tomorrow when I may do another one of these.

Precinct analysis: State House district changes by county

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020
State Senate district comparisons
State House districts 2020, part 1
State House districts 2020, part 2
Median districts
State House district changes by demography

One more look at how state house districts have changed over the decade. For this exercise, I’m going to look at some key counties and the State Rep districts within them.

Bexar:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
122   -1,304  10,628  12,204  21,091  10,900  31,719  20,819
121   -4,020   6,534   6,059  15,078   2,039  21,612  19,573
116     -583   6,014   3,546  10,281   2,963  16,295  13,332
117    4,532   8,828  14,927  22,921  19,459  31,749  12,290
123   -1,427   5,225   3,742   9,272   2,315  14,497  12,182
124      330   5,077   5,877  11,756   6,207  16,833  10,626
125   -1,081   4,378   4,753   9,350   3,672  13,728  10,056
120     -184     863   4,503  10,856   4,319  11,719   7,400
119    1,062   3,428   6,041  10,507   7,103  13,935   6,832
118    1,391   3,719   6,633   7,790   8,024  11,509   3,485

Bexar County doesn’t get the props it deserves for contributing to the Democratic cause. Each of its ten districts became more Democratic in each of the two Presidential cycles. Where Bexar had gone 51.56% to 47.04% in 2012 for Obama, it went 58.20% to 40.05% for Biden. Obama had a net 23K votes in Bexar, while it was +140K votes for Biden. The two districts that shifted the most heavily towards Dems are the two Republican districts (HD117 went Republican in 2014, then flipped back in 2016), with Biden carrying HD121 as Beto had done in 2018, and HD122 coming into focus as a potential long-term pickup (modulo redistricting, of course). Both HDs 121 and 122 were over 60% for Romney, with HD122 at almost 68% for him. Both can and surely will be shored up in the next round of mapmaking, but the long term trends don’t look good for the Republicans holding them both.

Tarrant:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
092   -1,102   3,986   4,166  13,144   3,064  17,130  14,066
094   -3,344   2,238   2,655  10,231    -689  12,469  13,158
096      821   4,468   6,527  15,522   7,348  19,990  12,642
098     -489   6,891   8,798  13,948   8,309  20,839  12,530
097   -3,267   3,654   6,147  11,472   2,880  15,126  12,246
101     -734   3,487   4,523   9,808   3,789  13,295   9,506
093    2,751   5,180   9,984  15,697  12,735  20,877   8,142
091      401   2,489   5,437   8,897   5,838  11,386   5,548
090     -180   2,391   3,170   5,496   2,990   7,887   4,897
095     -613  -2,745   2,727   7,752   2,114   5,007   2,893
099    2,757   3,282   9,686  11,208  12,443  14,490   2,047

I know everyone sees Tarrant County as a disappointment in 2020. Beto broke through in 2018, we had a bunch of close districts to target, and the Republicans held them all even as Biden also carried Tarrant. The point here is that Democrats made progress in every district, in each cycle (the dip in predominantly Black and heavily Democratic HD95 in 2016 notwithstanding). That includes the strong Republican districts (HDs 91, 98, and 99), the strong D districts (HDs 90, 95, and 101), and the five swing districts. Tarrant will be another challenge for Republicans in redistricting because like in Harris they have mostly lost their deep red reserves. HD98 went from being a 75% Romney district to a 62% Trump district last year. They can spread things out a bit, but remember what happened in Dallas County in the 2010s when they got too aggressive. I’m not saying that’s what will happen in Tarrant, but you can see where the numbers are.

Collin:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
067   -3,022   8,595   6,135  19,411   3,113  28,006  24,893
066   -4,911   8,517   4,001  14,432    -910  22,949  23,859
089    1,038   6,667   9,980  17,338  11,018  24,005  12,987
033    4,656   8,268  18,234  20,233  22,890  28,501   5,611
070    7,648   8,675  21,284  25,686  28,932  34,361   5,429

Denton:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
065   -1,378   6,440   6,048  16,110   4,670  22,550  17,880
106    8,757  11,138  21,190  29,280  29,947  40,418  10,471
064    3,003   6,205   8,257  15,136  11,260  21,341  10,081
063    2,642   6,129  16,382  17,279  19,024  23,408   4,384

I’m grouping these two together because they have a lot in common. Both shifted hugely Democratic over the decade, in each case across all their districts. Both contain a district that was added to their county in the 2011 redistricting. HDs 33 (72-26 for Romney in 2012, 60-38 for Trump in 2020) and 106 (68-31 for Romney in 2012, 54-45 for Trump in 2020) were supposed to be super-red, but didn’t stay that way. I might have thought that the southernmost districts in each county – i.e., the ones closest to Dallas and Tarrant – would be the bluest, but that is not quite the case. HD65 is in southeast Denton, where it is almost entirely adjacent to HD115, but HD63 is the reddest district in Denton (61-37 Trump) and it is the other district on Denton’s south border, though it aligns almost perfectly with HD98, the reddest district in Tarrant. HD64 is the next most Dem district in Denton, and it’s in the northwest quadrant, catty-corner to HD65. I have to assume this is a function of development more than who its closest neighbors are; I’m sure someone who knows Denton better than I can comment on that.

In Collin, HDs 66 and 67 are on the southern end of that county, but so is HD89, where it abuts Rockwall County more than it does Dallas. HD70 is north of 67 and 89, and HD33 (which contains all of Rockwall County) is the outer edge of the county to the west, north, and east, dipping down into Rockwall from there. Both counties continue their massive growth, and I expect them to have at least one more district in them next decade. Republicans have more room to slosh voters around, but as above, the trends are not in their favor.

There are of course other counties that are growing a lot and not in a way that favors Republicans. Here are two more of them.

Williamson:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
136       52  10,901   7,842  22,330   7,894  33,231  25,337
052    2,422   8,335  11,479  22,872  13,901  31,207  17,306
020    7,373   2,895  20,820  14,926  28,193  17,821 -10,372

Fort Bend:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
026   -4,573   9,082   7,327  13,556   2,754  22,638  19,884
028    4,053  14,090  19,260  24,010  23,313  38,100  14,787
027     -461   4,708   6,324  13,724   5,863  18,432  12,569
085    2,908   5,495  10,258  10,161  13,166  15,656   2,490

HD20 also includes Milam and Burnet counties, and I suspect that’s where most of the Republican growth is. HD85 also includes Jackson and Wharton counties. The previous version of HD52 had flipped Dem in 2008, the first such incursion into the formerly all-red suburbs, before flipping back in 2010, but neither it (55-42 for Romney) nor the newcomer HD136 (55-41 Romney) were ever all that red. There were some maps drawn in the 2011 redistricting process (not by Republicans, of course) that carved HD26 out as a heavily Asian swing district (it went 63-36 for Romney as drawn), but it just needed time for the “swing” part to happen. Of the various targets from 2018 and 2020, it’s one that I feel got away, and I wish I understood that better.

Brazoria:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
029      496   8,084  10,828  15,387  11,324  23,471  12,147
025    1,759     215   8,293   3,874  10,052   4,089  -5,963

Galveston:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
024    2,403   3,959  13,045   8,928  15,448  12,887  -2,561
023    3,847     346  11,123   7,296  14,970   7,642  -7,328

Montgomery:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
015   -1,563   7,905  13,226  15,512  11,663  23,417  11,754
016    7,437   2,437  16,088   7,160  23,525   9,597 -13,928
003    7,758   1,807  17,456   8,286  25,214  10,093 -15,121

We’ve looked at these counties before, this is just a more fine-grained approach. Note that HD03 includes all of Waller County, HD25 includes all of Matagorda County, and HD23 includes all of Chambers County. HD23 was already Republican in 2012 when Craig Eiland still held it (Romney carried it 54.6 to 44.2) and while it has gotten more so since then (Trump won it 57.5 to 41.0), that has mostly been fueled by the Republican growth in Chambers. I did a quick calculation on the data from the Galveston County election results page, and Biden carried the Galveston part of HD23 by a slim margin, 29,019 to 28,896. (Republican rep Mayes Middleton won that part of the district 29,497 to 27,632, so this tracks.) The rest of Galveston, the northern part that’s all Houston suburb, is much more Republican, but like with these other two counties one can see a path forward from here. What to do about the likes of Chambers County, that’s another question.

HD29 in Brazoria should have been a target in 2018 but the Dem who won the primary dropped out of the race, and there was no traction that I could see there in 2020. I expect that district to get a little redder, but the same story as elsewhere applies in that the geographic trends are a force that won’t be stopped by boundary lines. As for Montgomery, there are your signs of progress right there. HD15 is still very red, but as I’ve said before, the first goal is to bend the curve, and we’re on the right track there. HD15 is basically the Woodlands and Shenandoah, just north of HD150, while HD03 wraps around it and HD16 is the north end of the county.

Lubbock:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
084     -474     873   4,124   6,975   3,650   7,848   4,198
083    3,359     242  12,224   5,141  15,583   5,383 -10,200

Smith:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
006       67     938   6,922   6,208   6,989   7,146     157
005    4,565  -1,293   9,646   2,832  14,211   1,539 -12,672

These two districts, on opposite ends of the state, may seem odd to be paired together, but they have a couple of things in common. Both contain one district that is entirely within its borders (HD06 in Smith, HD84 in Lubbock) and one district that contains the rest of their population plus several smaller neighboring counties (HD05 also contains Wood and Rains counties, while HD83 contains six other counties). Both have a city that is the bulk of of its population (the city of Lubbock has over 90% of the population of Lubbock County, while a bit less than half of Smith County is in the city of Tyler). And both provide a bit of evidence for my oft-stated thesis that these smaller cities in Texas, which are often in otherwise fairly rural and very Republican areas, provide the same kind of growth opportunity for Democrats that the bigger cities have provided.

Both HDs 06 and 84 were less red than Smith and Lubbock counties overall: Smith County was 69-30 for Trump, HD06 was 68-32 for Matt Schaefer; Lubbock County was 65-33 for Trump, and HD84 was 61-39 for John Frullo. I didn’t go into the precinct details to calculate the Trump/Biden numbers in those districts, but given everything we’ve seen I’d say we could add another point or two into the Dem column for each. HD84 shows a clear Democratic trend while HD06 is more of a mixed bag, but it’s still a slight net positive over the decade and a damn sight better than HD05. HD06 is not close to being competitive while HD84 is on the far outer fringes, but that’s not the main point. It’s the potential for Democratic growth, for which we will need every little contribution we can get, that I want to shout from the rooftops. The big cities and big growing suburbs are our top tier, but we’d be fools to ignore the places like Lubbock and Tyler.

Chron story on Odus Evbagharu

Some good stuff here.

Odus Evbagharu

When Odus Evbagharu, a 28-year-old legislative staffer and campaign organizer, took the reins of the Harris County Democratic Party Sunday evening, he inherited a party that stands on some of its firmest footing in years, despite several defeats in 2020 that disappointed local Democrats.

Evbagharu succeeds former chair Lillie Schechter, who won the position in March 2017, months after Democrats had swept every countywide race and delivered Harris County to Hillary Clinton by 12 points. It was a massive swing from the 2014 midterms, when it was Republicans who swept the countywide slate, but also one that leaned heavily on deep-pocketed political donors and grass-roots activity by groups such as the Texas Organizing Project, amid lackluster fundraising from the party itself.

Now, Evbagharu is taking over a party that has taken in more than $2.2 million since the start of 2018 — double the amount raised during the last comparable three-year period from 2014 to 2016 — and overseen countywide sweeps in 2018 and 2020, too. Democrats also gained control of Harris County Commissioners Court under Schechter.

“We have a robust thing going down here,” Evbagharu said Monday. “Lillie did a good job of building a great foundation. Now it’s our job to build on top of it.”

Harris County Democrats, however, still are smarting from a number of 2020 losses in local elections they had cast as battleground races, including several contests for the Legislature and Congress, along with an open commissioners court seat race. Evbagharu attributed the Democrats’ underperformance in part to their reluctance to campaign in person during the coronavirus pandemic.

“I think what went awry was, we didn’t block walk,” Evbagharu said. “And I don’t want to oversimplify it, I don’t want to say there weren’t other factors. We’ve got to do better with our messaging, and our data’s got to be better as a party. I’m not afraid to say that out loud — polling accuracy, targeting, who we talk to and not just making assumptions.”

We talked about some of this stuff (and some of the stuff later in the story that I’ll get to in a minute) when I interviewed Odus a couple of weeks ago. I trust him to have a clear view of the data and to have a plan to shore up weaknesses and build on strengths. To whatever extent that the lack of Democratic blockwalking hurt last year – everyone agrees it did, it’s putting a number on it that’s hard – that will not be an issue in 2022. There will be new challenges, and who knows what the Trump Factor will be, and we will just have to try to figure them out and make a plan.

Evbagharu said the party’s strong position, relative to the one inherited by Schechter, means he can be more proactive in sharing resources and information with local Democratic parties in surrounding counties, some of which have made electoral gains in recent elections. He said he also hopes to attract a state or national Democratic Party convention to Harris County, a goal that could become easier if more of the Houston region becomes bluer.

“It’s great that Harris County’s always at the forefront, but we need Montgomery County, we need to at least cut margins there,” Evbagharu said. “We need Galveston County, we need Brazoria, we need Waller, we need Fort Bend, which is turning blue if not already blue. We need southeast Texas to be strong.”

Evbagharu said he also wants the party to be more aggressive in lobbying elected officials — including Democrats — on policy and issues, a role that traditionally has been left to activists and advocacy groups instead of the formal party apparatus. During the most recent legislative session, lawmakers passed “the greatest hits of the red meat Tea Party Republican whatever,” he said, arguing that the local Democratic Party has a stronger role to play.

“We have to make it a habit to engage our electeds in D.C., in Austin, here in Houston at county Commissioners Court, City Hall and school boards,” Evbagharu said. “…We have to do a better job of getting in there and fighting.”

Renée Cross, senior director of the Hobby School of Public Affairs at the University of Houston, said she was not aware of the Harris County Democratic Party ever making a concerted effort to share resources with other local parties. And the last time the party took a more aggressive on policy came under Sue Schechter, Lillie Schechter’s mother, who chaired the party in the late 1990s and early 2000s. Until now, Democrats were not in much of a position to do that, Cross said.

“If you’re the party that’s trying to gain power, all your emphasis is on getting those folks elected,” Cross said. “You just don’t have the luxury of lobbying, necessarily, if your party’s out of power.”

Still, county Democrats’ hold on power is far from ironclad as the 2022 elections approach, Cross said. For one, they will have mobilize enthusiasm without former president Donald Trump in office, and Democrats’ lineup of statewide candidates remains uncertain.

“There’s a big target sitting in the White House now, which we haven’t had in four years. Republicans are certainly going to go after Preisident Biden and VP Harris, so Odus is going to have to combat that continually,” Cross said. “…And there’s no doubt that part of the success in Harris County in 2018 was part of Beto (O’Rourke) being at the top of the ticket. It was the star power of Beto that really helped turn out the vote. And I think without that, Democrats have a really tough road ahead.”

We talked about some of this stuff too. I have been an advocate for better regional coordination – it’s not just in our interest from a statewide perspective, we will also have various offices (Congress, SBOE, State Senate, appellate courts) that cross county lines and need a bigger-than-Harris response. There may be a risk of overextending ourselves, but I can’t see any good reason to not at least be talking to our neighbors.

I respectfully disagree with Professor Cross – Beto surely gets some credit for 2018, but you know who was coordinating the HCDP combined campaign that year? Odus Evbagharu, that’s who. Look, Dems have proven their ability to win in high-turnout Presidential years since 2008. We won in a high-turnout off year in 2018, and I concede that until we win again in an off year there’s room to be skeptical. I would just point out a couple of things in rebuttal. One is that Dems have built a big edge in voter registration over the years, and we’re still very good at doing that work. Two, the shift in the Trump years of college-educated Anglo voters into the Democratic column has been profound – here again I will say that Mitt Romney got 60% of the vote in HD134 in 2012, while Joe Biden got and equivalent amount in 2020. National data shows no sign of this reversing or even slowing down, and what’s more these are very reliable voters. When I say that the climate is very different now, these things are a part of that.

We don’t know what the national climate will be like, and we don’t know what Joe Biden’s approval numbers will be. If they’re in the tank, then hell yeah we have problems. Dems either have to ensure that they don’t have a turnout problem in 2022, or they have to show they can still win in Harris County in a lower turnout environment. Bear in mind, there are risks for the Republicans too. They own any future blackouts due to weather, that’s for sure. Donald Trump is not going to sit by quietly, Ken Paxton could get arrested by the FBI, the reconstituted January 6 commission will be producing reports into next year – there’s lots of things that can go wrong for the GOP as well. I am pretty reasonably optimistic about 2022, at least from a Harris County perspective. Ask me again in a year and we’ll see if that has held up.

James White to challenge Sid Miller

Should be interesting.

State Rep. James White, R-Hillister, announced Wednesday that he is running for agriculture commissioner, marking the first major primary opponent for incumbent Sid Miller.

“The combination of my proven conservative record, experience on agriculture issues, and commitment to integrity and ethics makes me the right candidate to steer this crucial agency back in the right direction,” White said in a news release.

The announcement made official a move White had been teasing since he announced earlier this month that he would not seek reelection to the Texas House after six terms in office. The only Black Republican in the Legislature, White chairs the House Homeland Security and Public Safety Committee. He previously served on the Agriculture and Livestock Committee.

Miller considered running for governor in 2022, challenging fellow Republican Greg Abbott, but announced earlier this month that he would instead run for reelection as agriculture commissioner. Miller won a second term in 2018 after facing two primary challengers and prevailing with 56% of the vote.

Miller did not immediately respond to a request for comment on White’s candidacy.

In his announcement, White offered thinly veiled contrasts with Miller over his personal controversies over the years, which include spreading fake news on Facebook and using taxpayer dollars for two trips involving personal activities, including getting a medical injection in Oklahoma called the “Jesus Shot.” The Texas Rangers investigated the trips, and Travis County prosecutors eventually opted against bringing criminal charges.

Former President Donald Trump could play a role in the race. Miller is an enthusiastic ally of Trump, and an news release announcing White’s campaign cast him as an “early supporter of … Trump, serving as an advisory board member for Black Voices for Trump.”

For his part, White has received support from House Speaker Dade Phelan, R-Beaumont, and other colleagues in the House, who have urged him to run for agriculture commissioner.

See here and here for the background. This will be another test of the idea that a “normal” conservative candidate can oust a high-profile grievance-mongering performance artist with a deeply problematic record. The three-candidate AG race is the other example of this. White’s challenge is a little different, for two reasons. One is that James White starts out with low name recognition, while Sid Miller is pretty well known (for bad reasons, to be sure, but it still counts). Compare that to the Ken Paxton challengers – both P Bush and Eva Guzman have won statewide more than once, and while neither is universally known they both start out at a much higher level. This is a big hurdle for White to overcome. It’s certainly possible for a State Rep to win a statewide primary – Sid Miller himself is an example of that – but taking out an incumbent is a new frontier. Keep an eye on the fundraising – if White posts a big report in January, that might tell us something.

On the other hand, Ken Paxton can point to a lot more accomplishments that a Republican primary voter will like than Sid Miller can. He certainly lost some big cases in court, but he has plenty of wins, and has led many multi-state coalitions against the federal government and now against Google. I have no idea what actual things Sid Miller has done as Ag Commissioner, other than the barbecue scale situation, which I kind of thought was okay but which ruffled some feathers. To be fair, what an Ag Commissioner does is usually not of great interest to us urbanites, but I follow the news pretty closely and I can’t think of anything offhand. He’s got the evil clown bit down pat, and that may well be enough for him. White can and surely will talk policy and will be able to credibly say that Miller hasn’t done much of anything, but it’s not clear to me that will matter.

Anyway. I expect at this time that both Ken Paxton and Sid Miller will survive their challenges. I may revise that opinion later, and it’s clear that some people see an opportunity, but I’m betting on the house until I see a reason to do otherwise.

White said in the news release that Texas “needs competent, statewide leaders.”

Precinct analysis: State House district changes by demography

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020
State Senate district comparisons
State House districts 2020, part 1
State House districts 2020, part 2
Median districts

I return once again to doing cycle-over-cycle comparisons in vote turnout, in this case for State House districts. There are a lot of them, and I’m not going to do them all but I am going to do enough of them that I will split this into two parts. Part One, this post, will group districts by demographic groups. Part Two, to come later, will be to group them by counties of interest.

First up, just to ease ourselves in, are the four big urban districts that are Anglo, wealthy, highly college-educated, and swung hard towards the Democrats since 2012:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
134  -10,943  15,312   6,540  17,771  -4,403  33,083  37,486
047   -2,005  14,218  13,145  27,678  11,140  41,896  30,756
108   -5,942  12,553   8,628  17,929   2,686  30,482  27,796
121   -4,020   6,534   6,059  15,078   2,039  21,612  19,573

As discussed before, the columns represent the difference in vote total for the given period and party, so “1216” means 2012 to 2016, “1620” means 2016 to 2020, and “1220” means 2012 to 2020. Each column has a D or an R in it, so “1216R” means the difference between 2016 Donald Trump and 2012 Mitt Romney for the Presidential table, and so forth. In each case, I subtract the earlier year’s total from the later year’s total, so the “-9,951” for SD114 in the “1216R” column means that Donald Trump got 9,951 fewer votes in 2016 in SD14 than Mitt Romney got, and the “56,887” for SD14 in the “1216D” column means that Hillary Clinton got 56,887 more votes than Barack Obama got. “Dem net” at the end just subtracts the “1220R” total from the “1220D” total, which is the total number of votes that Biden netted over Obama. Got it? Good.

Despite the large swings, only the top two are now Dem-held. HD108 managed to remain in the hands of Rep. Morgan Meyer despite being carried by statewide Dems all the way down the ballot, while HD121 still remains somewhat Republican-leaning. I don’t know what magic Republicans have in mind for redistricting, but their hold on these voters is slipping away rapidly. I can’t emphasize enough that Mitt Romney got 60% of the vote in HD134 in 2012, and look at where it is now.

I’ve written plenty about these districts, and I could have included more of them in this table. Most of those you will see later. There’s not much to add except to say that this particular demographic shift has been a huge driver in the overall blue-ing of Texas, and especially of its most populated areas. I don’t know what the future holds, but I don’t see that changing in the near term.

When I mentioned that this post was a look at the districts by demographic groups, I assume your first thought was that I’d take a closer look at Latino districts. Well, here you go:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
051      425  10,783   4,422  19,073   4,847  29,856  25,009
102   -4,430   5,333   2,511  10,832  -1,919  16,165  18,084
148   -1,481   8,555   5,598  10,113   4,117  18,668  14,551
107   -3,023   4,566     718   7,532  -2,305  12,098  14,403
103      -96   7,314   3,535  10,357   3,439  17,671  14,232
116     -583   6,014   3,546  10,281   2,963  16,295  13,332
117    4,532   8,828  14,927  22,921  19,459  31,749  12,290
105   -2,249   4,377   2,900   8,547     651  12,924  12,273
078   -1,129   6,723   6,731   9,618   5,602  16,341  10,739
124      330   5,077   5,877  11,756   6,207  16,833  10,626
125   -1,081   4,378   4,753   9,350   3,672  13,728  10,056
079     -453   7,038   4,976   6,495   4,523  13,533   9,010
075    1,734  11,011   9,747   8,599  11,481  19,610   8,129
104     -777   3,881   2,743   6,042   1,966   9,923   7,957
077   -1,530   5,080   3,539   3,936   2,009   9,016   7,007
119    1,062   3,428   6,041  10,507   7,103  13,935   6,832
145   -1,306   5,575   5,291   5,038   3,985  10,613   6,628
090     -180   2,391   3,170   5,496   2,990   7,887   4,897
118    1,391   3,719   6,633   7,790   8,024  11,509   3,485
076     -260   5,039   3,826   1,635   3,566   6,674   3,108
140     -733   4,433   4,140   1,810   3,407   6,243   2,836
144   -1,051   3,577   4,044   1,480   2,993   5,057   2,064
041    1,664   6,820   8,617   5,201  10,281  12,021   1,740
143   -1,038   3,244   4,483   1,446   3,445   4,690   1,245
022   -1,261  -2,280   1,510   2,254     249     -26    -275
034      620     799   6,012   3,759   6,632   4,558  -2,074
038    1,533   4,706   9,344   2,945  10,877   7,651  -3,226
040    2,384   3,753   8,981   3,433  11,365   7,186  -4,179
037      969   3,764   7,324      36   8,293   3,800  -4,493
036    1,482   5,527   9,847    -480  11,329   5,047  -6,282
039    2,071   3,256   8,411     836  10,482   4,092  -6,390
035    2,007   2,358   8,961   2,163  10,968   4,521  -6,447
042      882   2,195   7,908    -323   8,790   1,872  -6,918
043    2,532     162   8,001   1,059  10,533   1,221  -9,312
080    1,959   1,789   9,567     127  11,526   1,916  -9,610
074    1,127   2,708   9,454  -2,185  10,581     523 -10,058
031    3,017  -1,816  13,479    -412  16,496  -2,228 -18,724

A couple of notes here. Defining “Latino district” is subjective, and I make no claim that my way is optimal. What you see above is almost all of the districts that are represented by a Latino member, plus HD80, which despite being majority Latino is still represented by Democrat Tracy King. I skipped HDs 49 (Gina Hinojosa) and 50 (Celia Israel) because the’re much more Anglo than Latino. HDs 102, 105, and 107 were held by non-Latino Republicans before being flipped by Democrats in 2016 and 2018. HD43 is held by the one Latino Republican in the House, JM Lozano, who won originally as a Democrat in 2008 and then changed parties after the 2010 election. HDs 79 and 90 were held by Anglo Democrats in 2012; Lon Burnam was primaried out by Rep. Ramon Romero in 2014, and Joe Pickett resigned following the 2018 election due to health challenges.

There’s a lot of data here, and I’ll try to keep this manageable. All the districts that showed a net gain for Dems over both elections are in Bexar, Dallas, El Paso, Harris, Travis (HD51), and Tarrant (HD90), plus HD41 in Hidalgo County. In Bexar, Dallas, and Tarrant, there were net gains in each cycle. In El Paso, there were big gains in 2016 and more modest gains in 2020, with the exception of HD75, which had a slight gain for Republicans in 2020. HD75 is the easternmost and thus most rural of the El Paso districts. It also still voted 66.5% to 31.9% for Biden in 2020, just for some perspective.

In Harris, all five districts gained in 2016, but only HD148 also gained in 2020. HD145 came close to breaking even, while HDs 140, 143, and 144 all moved towards Republicans; we saw this when we looked at the Harris County Senate districts and talked about SD06. This is the first of several places where I will shrug my shoulders and say “we’ll see what happens in 2022”. Honestly, I don’t know what to expect. We’ve discussed this topic numerous times, and as there are forces moving urban and college-educated voters towards Democrats, the same forces are moving rural and non-college voters towards Republicans. The biggest of those forces is Donald Trump, whose presence on the ballot helped Republicans in 2016 and 2020 but whose absence hurt them in 2018. We just don’t know yet what 2022 will bring.

Of the districts that had net Republican gains, HD22 is in Jefferson County (basically, it’s Beaumont; Dade Phelan’s HD21 has the rest of JeffCo plus Orange County) and HD34 is in Nueces County. Jefferson County has been slowly losing population over time, and I think that was a big driver of what happened with HD22. It’s also much more Black than Latino, and thus maybe is a better fit with the next data set, but it has long been represented by Rep. Joe Deshtotel, and this is the decision I made. Nueces County also has the Republican-held HD32 in it, and it showed a net Democratic gain of 1,576 votes over the two cycles, with most of that in 2016 but still a small Dem net in 2020. Its Latino voting age population is about 46%, nearly identical to its Anglo VAP. HD34 was one of the tighter districts even before 2020, and I figure it’s on the target list for Republicans in redistricting.

Most of the other districts are in Cameron, Hidalgo, and Webb counties, and while 2020 was a better year for Republicans in all of them, I don’t think that will necessarily be the case in 2022, a belief driven in part by the incumbency theory and in part by my own wishfulness. That said, as noted before the shifts were more muted downballot, with Trump outperforming other Republicans in those districts. I had my doubts about the durability of Democratic gains in 2016 because of the disparity between the Hillary numbers and the rest of the numbers, and I think it’s fair to have those same doubts here. We do know how it went in 2018, but as before Trump is not on the ballot in 2022. Which force is stronger? Have the underlying conditions changed? I don’t know and neither does anyone else at this time.

HDs 31, 74, and 80 are all cobbled out of smaller counties, and I have much less hope for them, but who knows what the combined effects of the freeze and the Abbott Wall will have. The main thing I took away from analyzing this data is that there was already a Republican shift in 31 and 74 in 2016 with a near miss in 80, though they all rebounded in a Democratic direction in 2018. How much of this was caused by new voters, and how much by swapping allegiances, those are big questions to ponder.

Let’s move on. These are the predominantly Black districts:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
046     -331   7,462   4,363  20,080   4,032  27,542  23,510
027     -461   4,708   6,324  13,724   5,863  18,432  12,569
147   -1,282   3,575   4,571   9,831   3,289  13,406  10,117
109     -914    -500   1,853  11,161     939  10,661   9,722
111   -1,449  -1,155   1,627   8,981     178   7,826   7,648
120     -184     863   4,503  10,856   4,319  11,719   7,400
100     -840    -537   2,107   7,799   1,267   7,262   5,995
142      294   2,093   4,685   8,804   4,979  10,897   5,918
131     -642   2,681   4,289   6,642   3,647   9,323   5,676
146   -1,653    -923   2,438   6,798     785   5,875   5,090
139   -1,290   1,216   4,826   6,786   3,536   8,002   4,466
095     -613  -2,745   2,727   7,752   2,114   5,007   2,893
141      218    -721   2,594   4,405   2,812   3,684     872
110     -101  -3,010   1,820   3,362   1,719     352  -1,367

HD27 is in Fort Bend, HD46 is in Travis (it’s also much more Latino than Black but has long been represented by a Black legislator, with Dawnna Dukes preceding Sheryl Cole; it is the inverse of HD22 in that way), HD95 is in Tarrant, and HD120 is in Bexar. HD101 in Tarrant County has a higher Black percentage of its population than either HDs 46 or 120, but it’s held by the Anglo Dem Chris Turner, so I skipped it. All the rest are in Harris and Dallas. The range of outcomes here is fascinating. I think what we see in the 2016 results, at least in some of these districts, is a bit of a letdown in enthusiasm from Obama to Clinton, with perhaps a bit of the campaign to dampen turnout among Black Democrats finding some success. Some districts in Harris County like HD141 have had pretty modest growth in population and voter registration as well. I don’t know what the story may have been in HD110, but if one of my Dallas readers would like to offer a few words, I’d be interested in hearing them.

There was some evidence around the country of Trump making modest gains with Black voters, mostly Black men, in 2020. I do see a case for that here, because even as Dems had net gains in 2020 – significant gains, in some of these districts – their share of the total new turnout is smaller than you’d otherwise expect. For example, HD131 voted 80.6% to 18.5% for Biden, but only 60.8% of the extra voters in 2020 voted for Biden. HD131 had voted 84.1% to 13.3% for Hillary in 2016, meaning that Trump cut almost ten points off of his deficit from 2016. This is your reminder that a shift in vote share towards one party is not the same as a shift in total votes towards one party. We’ve had this conversation about Democrats making percentage point gains in some heavily Republican areas while still falling farther behind, and this is that same conversation from the other side.

Finally, here are the four districts represented by Asian American legislators:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
026   -4,573   9,082   7,327  13,556   2,754  22,638  19,884
112   -2,140   4,427   5,086  10,634   2,946  15,061  12,115
137     -848   2,147   2,435   4,099   1,587   6,246   4,659
149   -2,592   3,504   8,134   4,645   5,542   8,149   2,607

This grouping is even more tenuous than the Latino districts, mostly because there’s no such thing as a plurality Asian district. Indeed, only HDs 26 and 149, which are the two most Asian districts in the state, are in the top five; HDs 66, 28, and 67 are the next three in line. They will all be covered in the next post in this series. HD137 is mostly Latino and HD112 is mostly Anglo. Like I said, these are the decisions I made. HD26 is in Fort Bend and was won in 2020 by Republican Jacey Jetton, after years of being held by Rick Miller. It was carried by Biden in 2020 and as you can see it has moved pretty heavily Democratic, but it was still Republican enough to be held by them in an open seat race. HD112 is in Dallas and is held by Angie Chen Button, and like HD108 it was otherwise Democratic in 2020. Good luck with redistricting, that’s all I can say. The other two are in Harris County, with HD137 being held by Gene Wu since 2012. It was 63-34 for Obama in 2012 and 67-31 for Biden in 2020. The most curious case for me is HD149, which as you can see followed a pattern similar to the Latino districts in Harris County; I noted this before when I did the Harris County numbers way back when. I’m not quite sure what to make of those totals, but they don’t keep me awake at night. As with the rest, we’ll see what 2022 has in store for us.

Next time, a closer look at some counties of interest. Let me know what you think.

Suing the “Trump Train”

Good.

A group of people traveling on a President Joe Biden campaign bus on a Texas highway last fall when it was surrounded and followed by former President Donald Trump’s supporters have filed a lawsuit against at least seven people who allegedly were following the bus, claiming the group violated the Ku Klux Klan Act of 1871 and Texas law by organizing a “politically-motivated conspiracy to disrupt the campaign and intimidate its supporters.”

The Klan Act prevents groups from joining together to obstruct free and fair federal elections by intimidating and injuring voters, or denying them the ability to engage in political speech.

The lawsuit, filed in federal court Thursday, claims the defendants violated that law when they followed the bus, yelling death threats and streaming their activities on social media.

The plaintiffs include former state Sen. Wendy Davis, David Gins, a then-campaign staffer who now serves as deputy director for operations for Vice President Kamala Harris, Eric Cervini, another campaign volunteer, and the bus driver, Timothy Holloway. The lawsuit also states that the plaintiffs continue to suffer psychological and emotional injury from the event. The bus driver, Holloway, has been unable to drive a bus following the experience. They are asking for compensatory and punitive damages and for legal fees to be covered.

“What Defendants cannot do under the law is use force, intimidation, or threats against those with whom they disagree politically. Yet that is precisely what Defendants did by conspiring to use their vehicles as weapons to interfere with the constitutional rights of those who supported the Biden-Harris Campaign,” the lawsuit reads. “The Constitution’s guarantee of free speech, association, and assembly is empty if those rights cannot be freely exercised. And where groups are permitted to terrorize those with whom they disagree into forgoing their constitutional rights, the functioning of our democracy demands accountability.”

[…]

In an exclusive interview with the Tribune in January, Davis said she didn’t think law enforcement had taken the situation seriously enough. She said in San Antonio, police responded to a request for assistance, pushing the trucks with Trump flags back. But once they left San Antonio, the caravan once again surrounded the bus. Davis said they called 911 again in San Marcos but they could not get an officer to respond.

“They just kept saying, ‘Where are you now? Where are you now,’” Davis said in January. “We kept giving them landmark after landmark, mile marker after mile marker. … Never were we able to get anyone to come out. It was unbelievable.”

I didn’t blog about that incident at the time because there was a lot going on and there wasn’t much to add to it except inchoate anger. The Texas Civil Rights Project has a landing page for this – it appears there are two complaints, both of which have some unnamed defendants – with a one page explanation of the lawsuit and the law it has been filed under. The one pager says that the Klan Act has been “mostly unused” over the past hundred years, so who knows how a judge will view it. There is apparently still an FBI investigation of the incident, so perhaps we’ll be able to hear about what they have learned.

The Chron provides some details about the two suits.

The first of two lawsuits filed Thursday targets at least seven individuals who were driving the vehicles that surrounded the bus. The second addresses local law enforcement officers, whom the plaintiffs contend did not properly respond to the incident.

[…]

The first lawsuit filed Thursday alleges that the individuals involved in surrounding the bus violated the Ku Klux Klan Act of 1871, which prohibits people from conspiring to inhibit individuals’ political speech via force, intimidation or threats.

“Plaintiffs feared the Trump Train might run the bus off the road, or that they might crash into a vehicle, wall barrier, sign, pillar, or other obstacle on or by the highway,” the lawsuit states. “They feared what the Trump Train might do if they succeeded in stopping the bus or forcing the bus off the road. Plaintiffs were terrified that someone on the bus, or someone else driving on the interstate, would be injured or killed.”

The second lawsuit claims that, as Biden staffers solicited aid from the San Marcos Police Department, they “were failed by the very officials charged with upholding both their safety and their foundational democratic rights.” The plaintiffs allege that they contacted San Marcos police with safety concerns a day in advance of their travels, and that officers declined to provide help when the bus was surrounded on the highway.

A spokesperson said last fall that the San Marcos Police Department had received a request for a police escort, but they couldn’t catch up with the vehicle before it left the city.

The lawsuit contradicts that claim, asserting that officers said they wouldn’t respond unless the campaign was “reporting a crime.”

OK then. Assuming they survive a motion to dismiss, I will be very interested to see what comes out of the discovery process, because the potential is there for this to connect to some public figures. I mean, it sure seems likely to me that what happened didn’t come as a complete surprise to various Republican campaigns and the state and county parties. I will also be interested to see if some fancy high-priced attorneys materialize for the defense. It’s surely best to keep one’s expectations low on this, but the potential is there for some accountability to be had. Here’s hoping.

Sid Miller running for re-election

The Governor’s race will have one fewer malicious jokers in it.

Agriculture Commissioner Sid Miller announced Monday he would seek reelection, putting to rest speculation that he could challenge Gov. Greg Abbott for the top elected position in the state.

“I really have the best and most rewarding job in the world,” Miller said in a statement. “That’s why, after listening to the advice of supporters, friends and my team, I have decided that I can best serve Texas by continuing this important work.”

“Today I am announcing my campaign for reelection as your Texas Agriculture Commissioner,” he said.

[…]

In May, the Conservative Republicans of Texas political action committee had cut a video ad to recruit Miller to run against Abbott, declaring: “He was right on Trump, he’ll be right for Texas.” Miller appeared to be pondering the decision, announcing weeks later that he was running for statewide office but not saying for which position.

“I’m convinced that our current governor cannot get reelected in the general election,” he said on a podcast with Sery Kim, a former congressional Republican candidate.

Earlier this month, Trump endorsed Abbott.

[…]

That backlash from the right wing of the Republican Party has led former Dallas State Sen. Don Huffines to challenge Abbott. Allen West, the chair of the Republican Party of Texas, is also expected to run for statewide office after his resignation as party chairman becomes official next month. West has not said what office he will seek.

Miller did not name Abbott in his reelection announcement but said that he felt a special obligation to use his bully pulpit to “hold other elected officials accountable.”

Whatever. Miller’s assertion about Abbott’s re-election chances are interesting and wishful, but they can’t be trusted because he’s not a reliable source. It would have been interesting, in the way that a freight train derailing and crashing into a warehouse filled with manure would be interesting, for Miller to have challenged Abbott, but that was not to be. We’ll need to beat him ourselves.

In news from that other primary that we have to pay attention to:

Eva Guzman, the Republican former justice on the Texas Supreme Court, officially began her campaign against embattled Attorney General Ken Paxton on Monday, pledging to bring “honor and integrity” to the office as well as an extensive legal background that could set her apart from another primary candidate, George P. Bush.

“I’m just what Texas needs because I have the experience, the proven integrity, the conservative values,” Guzman said in an interview, adding that she has shown she can “put together winning teams” — a reference to her distinction as the highest vote-getter in Texas history at the time of her last statewide race.

[…]

Guzman made her bid official in a roughly two-minute video during which she talks about growing up in Houston’s East End, going from “humble beginnings to the Texas Supreme Court” and working to secure justice for families like hers. She says she is running for attorney general “to protect our border, to ensure elections are fair, to fight the overreach of the federal government and to alway support the police who keep us all safe.”

She quickly picked up a major endorsement from Texans for Lawsuit Reform, the powerful tort reform group that supported Paxton for attorney general in the 2014 and 2018 general elections. The chairman of the group’s PAC, Richard J. Trabulsi Jr., said in a statement that Guzman “has the breadth of legal experience and the personal and professional integrity that we must require of our state’s highest legal officer.”

[…]

Guzman said her experience also extends to her ability to fight the White House in court. She said she “will be ready to sue the Biden administration on Day 1 to protect Texans, and I’ve actually been in a courtroom and I’ve actually argued cases … on the very issues” that could come up in pushing against the White House.

Former President Donald Trump has promised to make an endorsement in the primary, though it remains to be seen if Guzman’s candidacy alters his plans. Before Bush started his campaign against Paxton, Trump released a statement saying he likes “them both very much” and that he would make an endorsement “in the not-so-distant future.”

“I’m in a three-way primary,” Guzman said. “I welcome all the support I could get, including from former President Trump.”

See here for the background. I continue to believe that Guzman will have a hard time winning over the kind of slavering nihilists that populate a Republican primary, but the endorsement from TLR probably came as an unpleasant surprise to Paxton. Please observe that while Guzman would be a more competent and less criminal Attorney General than Paxton, that in no way means that she would be a good Attorney General. No one should feel any reason to vote for her.

It’s just the next GoFundMe for “border security”, with more grifting and human rights abuses

Have I made my opinion sufficiently clear, or do I need to spell it out for you?

Republican Gov. Greg Abbott on Wednesday said Texas will spend $250 million to begin building a wall along the Mexico border, picking up on where former President Donald Trump left off on his divisive campaign pledge.

The governor declined to speculate on how long the project could take or how much it may ultimately cost, saying only that it will be “much more” than the initial investment. His office launched a crowdsourcing campaign Wednesday that he said will be overseen by two state agencies.

[…]

Governors in other Republican states, including Florida and Oklahoma, committed on Wednesday to send law enforcement to South Texas to help boost border security. Trump is also expected to join Abbott in Texas later this month for a trip that the former president said will shed light on the “decimated” border.

Abbott said the $250 million will go toward hiring a project manager, who will eventually provide a full cost and timeline for the project. The money is being taken from funds already dedicated to the Texas Department of Criminal Justice.

See here for the background. Yes, “crowdsourcing” will be used to pay for this debacle. What could possibly go wrong?

New York federal prosecutors on Thursday charged President Donald Trump’s former adviser Steve Bannon and three others with defrauding donors of hundreds of thousands of dollars as part of a fundraising campaign purportedly aimed at supporting Trump’s border wall.

Bannon, 66, was arrested at 7:30 a.m. Thursday near Westbrook, Connecticut, on the yacht of exiled Chinese dissident Guo Wengui, according to two law enforcement officials. Federal agents, officials from the United States Postal Inspection Service and the United States Coast Guard, assisted, officials said.

Surely this is all for a higher purpose, right?

But surely Greg Abbott’s motives are pure and uncompromised?

Gov. Greg Abbott wants to talk about building a wall between Texas and Mexico — a top concern for the Republican voters whose favor he hopes to enjoy in next year’s GOP primary and general election. He’s bringing former President Donald Trump to the state this month for a visit to the border, a way to showcase the problems there and also to show those Republican voters that their most popular national leader is pals with their governor.

But the weather is in the way. More to the point: Doubts about the reliability of the state’s electric grid — there to protect all Texans from the weather — is in the way. The grid seems a little too wobbly in the face of early summer heat, after it failed in cold weather earlier this year. Having elected officials patting you on the head and telling you not to worry is less effective when your electric company is urging you to move the thermostat up to 82 degrees.

[…]

It’s a trust thing. At the beginning of February, it’s safe to assume that most Texans had no idea what ERCOT is, what it does or why it’s important. And because the state’s electric generators couldn’t produce the power they were obligated to produce during that storm, forcing ERCOT to order blackouts, we’ve all got the fidgets.

What wasn’t even entering our minds a few months ago is now front and center. We’re not taking our electricity for granted at the moment. ERCOT’s forecasts for this summer were that heat-related blackouts were possible. Now the prospect is real: The heat and the air conditioners and our memories of February are making it hard for the governor to direct our attention to his efforts to deal with an increase in migrants at the border.

He insisted Wednesday — emphatically and in a raised voice — that his call for a border wall isn’t driven by politics, and that anyone who says otherwise doesn’t know what they’re talking about.

Texans might be distracted by thoughts of losing the flow of electricity that runs our coolers and fans, our homes, businesses, hospitals and all the other things that help keep us alive. But Abbott dismissed anxiety about electricity, saying, “The energy grid in Texas is better today than it’s ever been.”

See? All better.

Yeah. Now go read Perla Trevizo’s Twitter thread about that previous crowd-funded wall in Texas, which managed to be crappily built as well as a vehicle for fraud, and Keri Blakinger’s thread about the prison that is being emptied out to house a bunch of people who will presumably be arrested on such charges as “aggravated trespassing”. It’s almost not possible for this scheme to be sketchier, but I am confident they will find a way. The Texas Signal has more.

Guzman to run for AG

Certainly makes that primary more interesting.

Eva Guzman

Eva Guzman, the former justice on the Texas Supreme Court, has filed paperwork to run for state attorney general.

On Friday, Guzman, a Republican, filed what is known as a campaign treasurer appointment form with the Texas Ethics Commission, saying she is seeking the office of attorney general, according to a copy of the form obtained by The Texas Tribune. Her treasurer is Orlando Salazar of Dallas, the vice chair of the Republican National Hispanic Assembly.

“Eva Guzman has served Texas for over 22 years honorably,” Guzman’s political consultant, Justin Dudley, said in a statement to the Tribune. “She looks forward to putting her experience and know-how to work in a new role. The campaign will have a formal announcement soon.”

[…]

A Guzman run would complicate the Republican primary already underway between incumbent Ken Paxton and Land Commissioner George P. Bush.

Bush announced his campaign for attorney general on June 2, sharply criticizing Paxton over his legal troubles. The attorney general has been fighting securities fraud charges for most of his time in office, and he more recently came under FBI investigation for claims he abused his office to help a wealthy donor. He has denied wrongdoing in both cases.

It remains to be seen if Guzman’s candidacy would change former President Donald Trump’s plans to get involved in the primary. Before Bush launched his challenge to Paxton, Trump issued a statement saying he likes “them both very much” and that he would make an endorsement “in the not-so-distant future.”

See here for the background. As you know, I doubt Guzman’s viability in a primary that features two prominent Trump humpers, but we’ll see if I’m right about that. Guzman does have the benefit of not being either a crook or a dilettante, and in a normal meritocratic world that would be a big asset. In a 2022 Republican primary in Texas, that remains to be seen.

For what it’s worth, of the three candidates Paxton has probably had the hardest primary race, when he first ran for AG in 2014 and faced Dan Branch and Barry Smitherman for the nomination, eventually beating Branch in a runoff. He was unopposed in the 2018 primary. Guzman easily dispatched Rose Vela in 2010, and had a closer race in 2016 against a Some Dude named Joe Pool, who had a previous Supreme Court primary challenge to incumbent Jeff Brown in 2014, and finished third in 2012 against John Devine and David Medina. I don’t get the sense that either of those races was particularly taxing, but they were both contested. Bush had a token opponent (I will give you one dollar right now if you can name this person without looking it up), and thus has had the easiest path. Don’t know if any of this previous experience matters – whatever else one may say, we’re in a different environment now – but there it is.

Precinct analysis: The median districts

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020
State Senate district comparisons
State House districts 2020, part 1
State House districts 2020, part 2

This is a straightforward post, with a simple answer to an important question. We know that Joe Biden carried 74 State House districts and 15 State Senate districts. How much better did he need to do to get a majority in each chamber? Daily Kos calls this the “median district”. In this context, that means the data for the 76th-most Democratic House district, and the 16th-most Democratic Senate district. The idea is to see how far off the Dems were from being able to win those districts and thus claim a majority in each chamber.

We’ll start with the State House. The table below gives the data for the median district in each of the last three Presidential elections for the Presidential race, the Senate race (2012 and 2020 only), and the Railroad Commissioner race:


Year    Dist      Dem      GOP   Tot D
======================================
2012   HD138   39.29%   59.16%      54
2016    HD54   43.58%   50.50%      65
2020    HD54   48.85%   48.98%      74
				
2012    HD97   38.35%   58.88%      54
2020    HD92   46.04%   51.12%      68

2012    HD97   36.16%   59.58%      54
2016    HD66   37.77%   54.46%      56
2020    HD31   46.52%   50.55%      68

In 2012, the 76th-most Democratic district was HD138, in which Barack Obama received 39.29% of the vote to Mitt Romney’s 59.16%. This is a polite way of saying that the 2011 gerrymander was super effective, and the Democrats weren’t within hailing distance of winning half the chamber. The last column shows the total number of districts carried by the Democratic Presidential candidate. In 2012, this closely mirrored the total number of seats that the Dems actually won, which was 55. One Democratic-held seat was carried by Romney – HD23, the Galveston-based district won that year (and for the final time, as he declined to run again) by Craig Eiland. As you may recall from previous analyses, that district has trended away from the Dems ever since – in 2016, it was won 56-41 by Trump, and in 2020 it was 57-41 for Trump. Obama carried zero Republican-won seats – the closest he came was a 52-47 loss in HD43, another district that has moved farther away from Dems over the decade. He came within six points in three Dallas districts that Democrats now hold – HDs 113, 107, and 105. Like I said, an extremely effective gerrymander. Also a consistent one, as Paul Sadler and Dale Henry won the same districts Obama did, no more and no less.

Until it wasn’t, of course. The cracks began to show in 2016, when Hillary Clinton carried 65 districts, though Dems still only won 55 of them overall. HD23 fell to the Republicans in 2014, but Dems earned their first flip of the decade (*) by taking HD107, which as noted above was one of the closer misses in 2012. The nine GOP-won districts that Hillary Clinton carried were HDs 113, 105, 115, 102, 112, 114, 138, 134, and 108. Seven of those are now Democratic districts, with six flipping in 2018 and one (HD134) flipping in 2020.

Note how Clinton ran ahead of other Dems as well. Perennial candidate Grady Yarbrough picked up only HD105, and that by a 45.9 to 44.6 margin (there was a lot of third-party voting in that extremely unappealing race), and it was the same at the judicial level. You may recall this is why I was more guarded in my optimism about 2018 initially – I had some doubts about what the Clinton/GOP voters would do their next time out.

We know how that turned out, and we know how Biden did, as well as how MJ Hegar and Chrysta Castaneda did in 2020. Look at how the median district shifted over time. In 2012, the 76th district was more Republican than the Presidential race was, at each level. In 2016, the median district looked a lot like the Presidential race, and to be honest a lot like the RRC race as well; Wayne Christian defeated Grady Yarbrough 53.1 to 38.4, a bit closer than the median but not far off. In 2020, at all levels, the median district was closer than the statewide race was. Republicans outperformed their baseline in the House, and they needed to because by this point their vaunted gerrymander had completely failed them. I have to think this is something they’re giving serious thought to for this time around.

Here’s the same data for the State Senate districts:


Year    Dist      Dem      GOP   Tot D
======================================
2012    SD08   36.60%   61.67%      11
2016    SD09   41.75%   53.09%      12
2020    SD09   48.30%   50.00%      15

2012    SD08   35.94%   61.05%      11
2020    SD09   45.40%   51.70%      13

2012    SD08   33.34%   62.19%      11
2016    SD08   36.19%   55.94%      11
2020    SD09   44.60%   51.60%      13

It’s a similar pattern as above. In 2012, Mitt Romney carried SD10, which Wendy Davis won in a hard-fought race. In 2016, Hillary Clinton carried SD16 by a 49.9 to 45.3 margin, and just missed in SD10, losing it 47.9 to 47.3; she also came within a point of SD17. The median district was a little friendlier to the GOP in 2016, but in 2020 as with the House it was closer than the corresponding statewide race. Again, the once-solid gerrymander buckled at the knees, aided in large part by the suburban shift. Dems also managed to hold onto all of the red-shifting Latino districts, while Biden dropped two of them in the House.

What does any of this mean going forward? I have no idea. I’m seeing map proposals for Congress that are pretty brutal, but who knows what we’ll get in 2022, and who knows how population growth and the shifts in suburban and (mostly rural) Latino areas will affect things. Texas is a more challenging state than the likes of Wisconsin or Michigan to control over an entire decade precisely because it changes so much in that time. Republicans will have some opportunities for gain in 2022, but they also have a lot of vulnerabilities, and their best defense may be to just try to shore up everything they now have. The choices they make, based to some degree on their level of risk tolerance, will be fascinating to see.

We need to talk about Sid

I know, I don’t want to and you don’t want to talk about it, but Sid Miller might run for Governor, so we’re gonna have to talk about it.

Texas Agricultural Commissioner Sid Miller doesn’t believe Texas Governor Greg Abbott can win a general election battle against Beto O’Rourke or any other Democrat for that matter. And that is why Miller is still considering a run for Texas Governor in the Republican Primary.

Miller joined The Chad Hasty Show on Wednesday to address his political future and accusations that he told Rep. Dustin Burrows to sit on the gender modification bill in Calendars Committee. Miller said he was lied to about Burrows sitting on the bill initially and told Burrows told “hold on” as he tried to get radio ads pulled accusing Burrows of sitting on the legislation. Miller said he was unsuccessful at trying to get the ads removed, but ultimately he does blame Burrows for killing the body modification bill.

After discussing the modification bill, the discussion focused on Miller’s future. Miller told Hasty that, “We need a new Governor for sure. I don’t think there is any way he (Abbott) can win a general election”. Miller said that in the “next couple of weeks” he would decide on whether or not to run for Governor or to run for reelection as Texas Agriculture Commissioner. When asked his thoughts on former President Trump’s endorsement of Abbott, Miller said the endorsement was “odd” and said, “I don’t know what that’s about. It was real, real strange”. Miller said that while the former President’s endorsement of Abbott has some “weight to it”, it wouldn’t stop him from running if he felt that he was called to run.

Miller would join former one-term Senator Don Huffines in trying to outflank Abbott from the right. I have no doubt that most of what we have seen this session, and now with the Great Wall of Abbott, was done with an eye towards the Republican primary. I find it fascinating that Miller thinks he would be more appealing to the 2022 general electorate than Abbott – as a reminder, Miller got 400K fewer votes than Abbott in 2018, and won by five points while Abbott was winning by 13 – but then many politicians have made successful careers being delusional in this way. I don’t know if Miller’s invocation of Beto is based on a belief that Beto is running or just hyping a bogeyman, but I’d be happy to see Beto pitted against any of them. I certainly believe that Miller is the weaker candidate of the two, but there’s only one way to find out.

Betsy Price to run for Tarrant County Judge

I don’t usually pay much attention to county races outside the Houston area, but there are some points of interest to discuss about this.

Betsy Price

Outgoing Fort Worth Mayor Betsy Price is running for Tarrant County judge in 2022, attempting a swift return to power in one of the state’s most politically important areas.

Price revealed the decision in interviews with North Texas TV stations that published Thursday morning, telling WFAA that she would make a formal announcement later.

“I promised my family I’d take a month or two off,” Price told WFAA. “I’m just getting this out there softly.”

The news of Price’s decision comes two days after the current county judge, Republican Glen Whitley, announced he would not run for reelection. He has since 2007 been at the helm of the county, the third most populous in the state and a historically Republican place where Democrats have been making inroads recently.

[…]

Price will not be unopposed in the March primary for county judge. Before Whitley made his retirement official, Tim O’Hare, former chairman of the county Republican Party, announced he was running for county judge. He launched with a list of GOP endorsements including current county GOP Chairman Rick Barnes, county Sheriff Bill Waybourn, and five state representatives from the area. O’Hare has since rolled out endorsements from U.S. Reps. Beth Van Duyne of Irving and Michael Burgess of Lewisville.

While Democrats do not have any known candidates for county judge yet, they can be expected to seriously contest the race after the county went their way at the top of the ticket in the last two statewide elections. The Democratic nominee for U.S. Senate in 2018, Beto O’Rourke, won the county, while President Joe Biden carried it two years later.

Here are the Tarrant County election results for 2018 and 2020. It’s widely noted that Beto O’Rourke carried Tarrant in 2018 (by a 49.93% to 49.24% margin) and Joe Biden carried it in 2020 (49.31% to 49.09%), becoming the first Dems in however long to do so. They were also the only Dems to do so. The other statewide candidates in 2018 lost by a range from one point (Justin Nelson) to ten points (Lupe Valdez), while the handful of countywide candidates all lost by about five points. This includes Lawrence Meyers (I assume the former Court of Criminal Appeals justice), who lost to now-outgoing County Judge Whitley by six points.

In 2020, the statewide Dems trailed in Tarrant by four to six points, with countywide candidates losing by six or seven points. One difference between 2018 and 2020 is that in 2018 there were literally no Democrats running for district court positions, while in 2020 there was a Dem in all but two of those races. My assumption is that the Dems will have a full slate of judicial candidates as in 2020 – there’s nothing like the hope of winning to generate that kind of interest.

We used to talk about Tarrant County as a proxy for Texas as a whole electorally. I’ve posted before about how the Presidential results in Tarrant almost eerily echoed the statewide results. That was true from 2004 through 2016, but the Beto breakthrough in 2018 was a sign that things were changing, and indeed Tarrant’s Presidential result in 2020 was several points to the left of the state’s. The county that most closely mirrored the statewide Presidential result in 2020 was Zapata, carried by Trump 52.5% to 47.1%. The closest big counties were Collin, slightly to the left at 51.4% to 47.1%, and Denton, slightly to the right at 53.2% to 45.2%.

Tarrant may have been too Democratic at the top level to be a statewide predictor, but at the District Court level they were much closer to the mark, with results ranging from 52.9% to 47.1% on one end to 53.9% to 46.1% on the other. What this reminds me of is Harris County in 2004, where District Court challengers got between 45.8% and 47.9% of the vote. That doesn’t mean anything for the path Tarrant County is on – Harris did shift a little towards Dems in 2006 before the 2008 breakthrough, in conditions that were very different from what we have now – it’s just an observation.

Finally, I don’t know anything about the other contenders for the GOP nomination for County Judge, but it’s plausible to me that someone like Betsy Price, a known quantity with a low-key style, might perform better against the partisan average than a more Trumpified Republican. Again, I don’t know the players and don’t know how that primary might shape up, but it seems highly unlikely to me that there won’t be a significant pro-Trump presence in that race. Trump is one of the two Republicans to lose Tarrant County since 2018. Make of that what you will.

Abbott’s border wall

I have many questions about this, but for this post I will limit myself to three.

Gov. Greg Abbott announced Thursday that Texas will build a border wall along the state’s boundary with Mexico — but provided no details on where or when.

Abbott declared his plans during a press conference in Del Rio. He said he would discuss the plans next week. The Biden administration issued a proclamation that stopped border wall construction on his first day of office.

Abbott announced the news while discussing a slew of border initiatives, such as a $1 billion allocation for border security in the state budget lawmakers just passed and a plan to establish a Governor’s Task Force on Border and Homeland Security with public safety and state government officials.

“It will help all of us to work on ways to stem the flow of unlawful immigration and to stem the flow of illegal contraband,” Abbott said, while seated next to officials from the National Guard, Texas Department of Public Safety and Texas Division of Emergency Management.

At the conference, Abbott also announced plans to increase arrests along the border — and increase space inside local jails.

“They don’t want to come to across the state of Texas anymore because it’s not what they were expecting,” Abbott said before being met with applause from those at the conference. “It’s not the red carpet that the federal administration rolled out to them.”

He also announced an interstate compact with Arizona Gov. Doug Ducey to resolve the border “crisis,” and called on other states to do the same.

1. How exactly is any of this going to be paid for? I know Abbott has promised more details next week, but we just had an entire legislative session, with a budget being passed, and I don’t remember “building a border wall” being part of it. Also, arresting however many people and putting them in jail – who will be paying for that? Even if one can claim that there is a line item in the budget for this, does anyone believe it’s enough?

2. How many lawsuits do you think this will generate? There’s federal-state issues, such as whether states can arrest migrants for trespassing, likely questions about how various funds may be spent on this ill-conceived idea, and who knows what else. Some number of lawyers are going to make a lot of bank on this.

3. We’re totally going to start seeing “Abbott for President 2024” speculation because of this, aren’t we? Time to find a nice Internet-free cabin in the woods, I suppose. More from the Trib here.

Another data point on Biden and Latino support

Of interest.

Hispanic voters were one of President Joe Biden’s biggest weaknesses in the 2020 election. Although sources differ on his exact margin, Biden’s advantage with Hispanics was the worst for a Democratic presidential nominee since 2004 — even as he had the strongest performance overall for a Democrat since 2008.

A look at recent history and polling reveals, however, that Biden may be primed for a comeback among Hispanics for a simple reason: He’s now the incumbent.

Take a look at Gallup polling during the Biden presidency. Aggregating all the polls it has conducted so far (in order to get a large sample size), Biden’s approval rating with Hispanics stands at 72% compared to a 55% overall approval rating.

That 72% is a clear improvement from how Biden did in the election with Hispanics. Biden won 65% of Hispanics, according to the network exit polls. An estimate from the Democratic firm Catalist (which lines up well with what we saw in pre-election polls) had Biden taking 61% of Hispanics. So this Gallup data suggests Biden’s support may be up anywhere from 7 to 11 points from the election.

Biden is doing better overall now than he did in the election. His approval rating is at 55% in the Gallup data we’re using here. Even controlling for a higher approval rating overall, Biden has had a disproportionate rise in support from Hispanics. He’s now doing 17 points better with Hispanics than overall, while he was doing 10 to 14 points better with them in the 2020 election.

Keep in mind, too, that unlike in an election, there are undecideds allowed in a poll. If we allocate undecideds equally between approval and disapproval for both Hispanics and overall, Biden’s approval rating is about 20 points higher with Hispanics than overall in Gallup polling.

(An average of recent CNN/SSRSFox NewsMarist College and Quinnipiac University polls compared to their pre-election equivalent finds that Biden has had a similar disproportionate rise with Hispanics.)

This 20-point gap between how Hispanics and adults overall feel about Biden is wider than the last Democratic president saw in his first months on the job.

In aggregated Gallup data with undecideds allocated, Barack Obama’s approval rating was 17 points higher with Hispanics than overall in the first four months of his presidency. In the 2008 election, Obama did 14 points better in the exit polls with Hispanics than overall.

Obama saw an improvement with Hispanics relative to his overall performance, but not to the same extent that Biden may be getting.

We’ve discussed the incumbency effect before – David Beard was the first to call it to my attention, and I noted it my State Senate district analysis. As author Harry Enten points out, this effect for Presidents persists for winning and losing incumbents – George H.W. Bush also saw a rise in Latino support from 1988 to 1992, even as his overall vote share dropped tremendously. Obviously things can change, 2024 is a looooooooooong way off, and we don’t know if this effect is more or less uniform geographically and across different nationalities (i.e., Mexicans versus Puerto Ricans versus Cubans versus Dominicans, etc) or if it might be greater in places like California and Colorado versus Texas and Florida, but this is a thing to keep an eye on. It could make a difference in some key states next time around.

It may also have an effect in 2022, to the extent that approval of the President has an effect on the fortunes of the party in power for the off year. Specifically in Texas, where the Trump shift in Latino areas has been talked to death, this could mean that 2020 was an outlier, or at least it could mean that a trend in favor of Republicans for at least some Latino voters will be smaller in magnitude this next election. As noted in my first post about the State House districts, there really is a difference between the level of support Trump got in Latino areas and the level of support other Republicans got. Things did move in the GOP’s direction from 2016 to 2020, but not by nearly as much once you got past the Presidential race. I’ll have those numbers for you soon. One could argue that if the initial shift towards Trump was about jobs and keeping the economy open, that might actually benefit Greg Abbott more than any Democrat, since Abbott was singing from Trump’s playbook. Abbott’s favorability has taken some hits in recent months as we know, but the farther we get from the legislative session the more likely in my opinion that may fade. While this may be a leading indicator of good things for 2024, we just don’t know what effect if any it may have next year. It’s something to consider, but don’t put too much weight on it.

State Bar investigating Paxton

Well, well, well

Best mugshot ever

The Texas bar association is investigating whether state Attorney General Ken Paxton’s failed efforts to overturn the 2020 presidential election based on bogus claims of fraud amounted to professional misconduct.

The State Bar of Texas initially declined to take up a Democratic Party activist’s complaint that Paxton’s petitioning of the U.S. Supreme Court to block Joe Biden’s victory was frivolous and unethical. But a tribunal that oversees grievances against lawyers overturned that decision late last month and ordered the bar to look into the accusations against the Republican official.

The investigation is yet another liability for the embattled attorney general, who is facing a years-old criminal case, a separate, newer FBI investigation, and a Republican primary opponent who is seeking to make electoral hay of the various controversies. It also makes Paxton one of the highest profile lawyers to face professional blowback over their roles in Donald Trump’s effort to delegitimize his defeat.

[…]

Kevin Moran, the 71-year-old president of the Galveston Island Democrats, shared his complaint with The Associated Press along with letters from the State Bar of Texas and the Board of Disciplinary Appeals that confirm the investigation. He said Paxton’s efforts to dismiss other states’ election results was a wasteful embarrassment for which the attorney general should lose his law license.

“He wanted to disenfranchise the voters in four other states,” said Moran. “It’s just crazy.”

Texas’ top appeals lawyer, who would usually argue the state’s cases before the U.S. Supreme Court, notably did not join Paxton in bringing the election suit. The high court threw it out.

Paxton has less than a month to reply to Moran’s claim that the lawsuit to overturn the results in Georgia, Michigan, Pennsylvania and Wisconsin was misleading and brought in bad faith, according to a June 3 letter from the bar. All four of the battleground states voted for Biden in November.

From there, bar staff will take up the case in a proceeding that resembles the grand jury stage of a criminal investigation. Bar investigators are empowered to question witnesses, hold hearings and issue subpoenas to determine whether a lawyer likely committed misconduct. That finding then launches a disciplinary process that could ultimately result in disbarment, suspension or a lesser punishments. A lawyer also could be found to have done nothing wrong.

The bar dismisses thousands of grievances each year and the Board of Disciplinary Appeals, 12 independent lawyers appointed by the Texas Supreme Court, overwhelmingly uphold those decisions. Reversals like that of Moran’s complaint happened less than 7% of the time last year, according to the bar’s annual report.

See here, here, here, and here for the background on Paxton’s lawsuit, which you may recall was an effort by Texas and several other states to get SCOTUS to overturn the election result in four Biden-won states because the plaintiffs didn’t approve of their election laws. One reason why we can credibly claim that this lawsuit was not only without merit but that the lawyers who were filing it knew that it was without merit was that they would scream bloody murder if another state tried to meddle in their own jurisdictions. Following these (dangerous and seditious) legal shenanigans, one national group called for state bars to take action against the instigators. I don’t know if this filing was related to that, but it’s not hard to connect the dots.

Now whether anything comes of this, we don’t know. As the story notes, the odds against the complainants prevailing are slim. Still, it’s another front on which Paxton must battle to save his sorry ass, and I have no doubt that his response brief will provide some content of interest. I fervently hope that one witness who gets called is former Solicitor General Kyle Hawkins, who notably declined to argue Paxton’s filing before SCOTUS, which is what someone in his role would normally do. We deserve to know what he thought of all this. A ruling is likely months away, which may be just in time for the 2022 elections to be getting into full swing. Reform Austin has more.

Supreme Court Justice Eva Guzman stepping down

Interesting.

Eva Guzman

Texas Supreme Court Justice Eva Guzman is resigning from her post effective Friday.

She informed Gov. Greg Abbott of the decision in a letter sent Monday. The news was first reported by the Houston Chronicle.

“With utmost gratitude for the opportunity and gift of public service, I write to inform you that I am resigning from my office,” Guzman wrote in her letter to Abbott, a copy of which was obtained by The Texas Tribune. “It has been the honor of a lifetime to answer this high calling.”

Guzman, a Republican, was appointed to the post in 2009 by then-Gov. Rick Perry as the first Hispanic female on the court. She ran for a full six-year term the next year before winning reelection in 2016. Her second term would have ended Dec. 31, 2022.

Before Perry appointed her to the high court, Guzman served on the 309th District Court in Harris County and the Houston-based Fourteenth Court of Appeals.

[…]

In her letter to Abbott, Guzman did not state a reason for her resignation, fueling speculation that she may have aspirations to run for another office during the 2022 election cycle.

Her resignation will create a vacancy on the state’s highest civil court, which Abbott will be able to fill with an appointment. The court is currently occupied by all Republicans.

I’ll get to the Chron story in a minute, but first two things to note. One is that Guzman was the high scorer in the 2016 election, winning 4,884,441 total votes. That’s over 75K more than the next highest candidate (Debra Lehrmann), and 200K more votes than Donald Trump. She was the strongest Republican in Latino districts, which is not a surprise. If she is running for something else, she will be harder to beat than most. Two, note that at every step of the way – district court, 14th Court of Appeals, Supreme Court – she was appointed first, and ran for a full term later. She’s far from unique in this, of course, I just noted it in this story. The ability to fill judicial vacancies is an underrated power of the Governor’s office. One does wonder what all the incumbent Republican judges and justices who are ready to step down and take a higher-paying job will do when the Democrats finally take that office.

And it usually is for a payday, if it’s not for retirement, when a judge or justice steps down like this. In this case, as that Chron story notes, the speculation is that she wants to run for something else.

One race that Guzman could be contemplating began heating up last week: the Republican primary for Texas Attorney General Ken Paxton’s seat. Land Commissioner George P. Bush — whose uncle, former Gov. George W. Bush, first appointed Guzman to the 309th District Court in Harris County in 1999 — opened up his campaign last week.

AG makes the most sense, at least in the abstract. I mean, she’s not going to run for Ag Commissioner. The question to me is, does she get into the “I Will Gladly Debase Myself For Donald Trump’s Endorsement” sweepstakes, or does she position herself as the non-Trump candidate, with actual accomplishments and conservative bona fides? This is where I admit I’m giving this speculation the side-eye. It’s hard to imagine, at this late date and with no record of sucking up to Trump in the past, that she could out-sycophant either Ken Paxton or George P. Bush. It’s also hard to imagine that there’s enough Republican primary voters who will prefer a non-Trump candidate in this – or almost any – race. I mean, you know who else didn’t do so well in that CD06 special election? Mike Wood, the anti-Trump Republican in that race, who got a whopping 3.2% of the vote. Eva Guzman would do better than that, but I see her as the odd person out in a three-or-more-way race. There’s no evidence that there’s a constituency for that kind of candidate, and as noted it’s awfully late for her to claim to be The One True Trump Candidate. Maybe I’m missing something – maybe she thinks the Lege will draw a Congressional district for her – but I don’t see how this makes sense. We’ll see if I’m right.

Precinct analysis: State House districts 2020, part 2

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020
State Senate district comparisons
State House districts 2020, part 1

Today’s post is going to be an analysis of the State House districts from the perspective of the US Senate and Railroad Commissioner races. We have already observed in other contexts how Joe Biden outran the rest of the Democratic ticket, and we will see that here as well. But it’s a little more nuanced than that, because of the Latino vote and the Trump shift, which we have characterized as being mostly about Trump. The Texas Signal boiled down one piece of research on that as follows:

In an interview with Texas Signal, the Executive Director of Cambio Texas, Abel Prado, walked us through some of the big takeaways from their post-election report. One of his first points from the report was that many of the voters who came out in the Rio Grande Valley were specifically Donald Trump voters, and not necessarily Republican voters.

Many of Trump’s traits, including his brashness, a self-styled Hollywood pedigree, his experience as a businessman, and his billionaire status, resonated with many voters in the Rio Grande Valley. “The increase in Republican vote share were Donald Trump votes, not conservative votes, and there’s a difference,” said Prado.

Hold that thought, we’ll get to it in a bit. I’m going to present the data here in the same order as I did in the previous post, with the results from the Senate race (MJ Hegar versus John Cornyn) and the RRC race (Chrysta Castaneda versus Jim Wright) grouped together. We will start with the Republican districts that Biden carried:


Dist    Hegar   Cornyn   Hegar%  Cornyn%
========================================
026    40,478   43,650    47.1%    50.8%
066    42,688   42,768    48.9%    49.0%
067    47,484   46,775    49.2%    48.5%
096    42,210   44,471    47.5%    50.0%
108    50,639   49,689    49.4%    48.5%
112    34,800   32,591    50.2%    47.0%
121    44,062   49,365    46.0%    51.2%
132    48,460   50,865    47.5%    49.8%
134    61,018   48,629    54.7%    43.6%
138    31,508   31,993    48.3%    49.1%

Dist    Casta   Wright   Casta%  Wright%
========================================
026    39,238   42,818    46.5%    50.8%
066    41,139   41,650    48.1%    48.7%
067    45,970   45,494    48.6%    48.1%
096    41,135   44,103    46.7%    50.1%
108    49,347   48,118    48.8%    47.6%
112    34,635   31,768    50.3%    46.2%
121    43,992   46,975    46.6%    49.8%
132    47,483   49,947    47.0%    49.4%
134    57,940   47,504    53.2%    43.6%
138    30,796   31,201    47.9%    48.6%

You don’t need to review the previous post to see that Hegar and Castaneda fell short of the standard Biden set. Still, they carried 70 House districts, three more than were won by the Dems, and came within a point of two more. What we see here is the same thing we saw when we looked at these races in Harris County, which is not only that Joe Biden got more votes than these two Democrats, but John Cornyn and Jim Wright outperformed Donald Trump. These are your crossover voters, and the big question going into 2022 is what potential exists to swing them again, and in which races. Dems still fell short statewide in 2020 even with all those voters, but the hill is less steep with them than without them.

UPDATE: Correction – Hegar and Castaneda carried 68 House districts, one more than the total won by Dems. They carried GOP-won HDs 67, 108, and 112 and lost Dem-won HDs 31 and 74, for a net increase of one. I managed to confuse myself with the math by basing the calculation on that table above. They were still within a point of two other districts as shown above.

Here are the near-miss and reach districts for Biden:


Dist    Hegar   Cornyn   Hegar%  Cornyn%
========================================
014    27,435   35,269    42.2%    54.3%
028    54,571   65,387    44.6%    53.4%
029    43,327   52,292    44.2%    53.4%
054    34,462   36,551    47.1%    49.9%
064    39,350   47,395    43.8%    52.8%
092    36,564   40,601    46.0%    51.1%
093    37,934   44,925    44.4%    52.6%
094    34,826   39,970    45.3%    52.0%
097    42,210   44,471    47.4%    50.0%
122    51,835   72,452    40.9%    57.1%
126    33,618   39,298    44.9%    52.5%
133    38,149   51,111    41.9%    56.2%

032    29,613   38,322    43.5%    53.4%
070    48,246   77,306    37.5%    60.1%
084    22,626   35,019    37.8%    58.5%
085    32,212   43,653    41.5%    56.3%
089    40,761   57,531    40.5%    57.1%
106    53,674   73,313    41.2%    56.3%
129    35,924   48,318    41.5%    55.8%
150    39,872   56,019    40.5%    56.9%

Dist    Casta   Wright   Casta%  Wright%
========================================
014    25,863   34,522    40.7%    54.3%
028    53,363   64,123    44.3%    53.2%
029    42,256   51,097    43.7%    52.9%
054    33,036   36,749    45.4%    50.5%
064    37,396   46,264    42.5%    52.6%
092    35,180   40,269    44.8%    51.3%
093    36,501   44,700    43.2%    52.9%
094    33,630   39,603    44.3%    52.1%
097    35,954   44,647    43.0%    53.4%
122    51,488   69,624    41.2%    55.7%
126    32,979   38,409    44.6%    52.0%
133    36,456   50,069    40.9%    56.2%

032    28,939   36,856    42.2%    53.7%
070    46,349   75,914    36.6%    60.0%
084    21,625   34,530    36.8%    58.8%
085    31,967   42,990    41.6%    55.9%
089    39,378   56,345    39.8%    56.9%
106    50,925   71,782    39.9%    56.3%
129    35,326   46,707    41.5%    54.8%
150    38,995   55,111    40.0%    56.6%

Not a whole lot to say here. The near-misses look farther away, and the reaches look out of reach. It’s important to remember that a lot of these districts weren’t on anyone’s radar going into 2016, and that the trend has been heavily favorable to the Democrats. We certainly hope those trends continue, but even if they do that doesn’t mean the district in question is on the verge of being competitive.

Here are the districts that Trump won or came close it. For this, I’m going to reprint the Biden/Trump numbers, to make it easier to illustrate the point I want to make.


Dist    Hegar   Cornyn   Hegar%  Cornyn%
========================================
031    23,609   28,980    43.5%    53.4%
074    22,397   25,232    45.5%    51.2%

034    27,567   26,236    49.8%    47.4%
035    22,735   18,926    52.7%    43.8%
080    25,339   19,960    54.1%    42.6%

038    28,050   20,464    56.2%    41.0%
041    29,594   24,797    52.8%    44.3%
117    49,759   40,386    53.6%    43.5%
118    31,726   25,841    53.5%    43.6%
144    16,246   14,108    51.8%    45.0%

Dist    Casta   Wright   Casta%  Wright%
========================================
031    24,700   26,837    46.5%    50.5%
074    22,942   23,836    47.4%    49.2%

034    27,816   24,985    51.0%    45.8%
035    23,684   17,094    56.2%    40.5%
080    25,945   18,750    56.2%    40.6%

038    29,097   18,502    59.2%    37.7%
041    30,611   22,881    55.5%    41.5%
117    49,871   38,567    54.2%    41.9%
118    32,568   24,454    55.2%    41.5%
144    16,851   13,251    54.1%    42.6%

Dist    Biden    Trump   Biden%   Trump%
========================================
031    25,315   33,101    42.9%    56.1%
074    23,478   27,319    45.6%    53.1%

034    29,226   26,606    51.7%    47.0%
035    24,991   21,049    53.8%    45.3%
080    26,251   22,543    53.3%    45.8%

038    29,116   21,573    56.8%    42.1%
041    31,956   25,187    55.5%    43.7%
117    53,983   39,495    56.8%    41.6%
118    34,228   25,848    56.2%    42.4%
144    17,365   14,599    53.6%    45.0%

We don’t see the same pattern here that we did before. In these districts, Trump is outrunning Cornyn and Wright. Biden is still outperforming Hegar and Castaneda, but not by as much. That makes HDs 31 and 74 closer, especially for Castaneda. This suggests two things to me. One is that as was claimed in that Texas Signal story, there really was more of a Trump effect than a Republican shift. It also appears that Castaneda benefitted from her Latina surname; one could also argue that Cornyn got some incumbent benefit as well. The main point is that the story of these districts is a little more nuanced than some of the discourse would have you believe. Doesn’t mean there aren’t issues for Dems to confront, just that it’s not a one-dimensional situation.

Finally, here are the districts that the Dems picked up in the 2016 and 2018 cycles.


Dist    Hegar   Cornyn   Hegar%  Cornyn%
========================================
045    57,413   54,996    49.5%    47.4%
047    69,906   66,452    50.2%    47.7%
052    51,448   45,369    51.6%    45.5%
065    40,789   38,039    50.3%    46.7%
102    37,879   29,970    54.5%    43.1%
105    31,769   24,477    54.8%    42.2%
107    34,360   26,248    55.1%    42.1%
113    36,185   31,239    52.2%    45.0%
114    42,291   36,918    52.3%    45.6%
115    39,307   31,859    53.8%    43.6%
135    37,050   36,728    48.9%    48.4%
136    55,420   44,710    53.8%    43.4%

Dist    Casta   Wright   Casta%  Wright%
========================================
045    54,943   53,725    48.2%    47.1%
047    66,419   64,426    48.7%    47.3%
052    48,688   44,402    49.7%    45.3%
065    39,040   36,949    49.2%    46.6%
102    37,549   28,844    54.5%    41.9%
105    31,723   23,639    55.2%    41.1%
107    34,364   25,234    55.5%    40.8%
113    36,116   30,540    52.4%    44.3%
114    42,043   35,411    52.6%    44.3%
115    38,704   30,803    53.5%    42.6%
135    36,487   35,845    48.6%    47.8%
136    52,576   43,535    52.0%    43.0%

Even with the erosion of support from the top of the ticket, Dems still held these districts at the Senate and RRC level. The gain were maintained. I know what the narrative for 2020 was, but it’s hard for me to see that as anything but a rousing success.

P Bush officially challenges Paxton

The primary no one asked for.

Land Commissioner George P. Bush announced Wednesday that he is running for attorney general, challenging fellow Republican Ken Paxton with a sharp focus on Paxton’s legal troubles.

“Enough is enough, Ken,” Bush said during a campaign kickoff at a downtown Austin bar. “You’ve brought way too much scandal and too little integrity to this office. And as a career politician for 20 years, it’s time for you to go.”

The 2022 matchup could be the marquee statewide primary of this election cycle, and former President Donald Trump already looms large. He said in a statement last week that he would issue an endorsement in the race — and do so “in the not-so-distant future.” Bush told reporters after his announcement that he has asked Trump for his endorsement.

Both Bush and Paxton have histories with Trump. Bush — son of former Florida Gov. Jeb Bush — was the only prominent member of his famous political family to support Trump in 2016, and Trump has praised him as the only Bush “that got it right.” Paxton has positioned himself as one of the most pro-Trump attorneys general — especially after the November election, when Paxton led an unsuccessful lawsuit challenging Trump’s reelection loss in four battleground states.

Paxton’s campaign responded to Bush’s launch by touting the attorney general as the “tip of the spear in protecting President Trump’s America First principles.”

[…]

During his speech to supporters, Bush warned that Democrats are eager to face Paxton in November because they see him as “our weak link.”

“They know that if he is our nominee again, they will have their first statewide elected office in close to 30 years,” Bush said.

At least one Democrat, Joe Jaworski, has already launched a campaign for attorney general. Jaworski is a Galveston attorney and former mayor of the city. Lee Merritt, the nationally recognized civil rights lawyer from North Texas, has said he plans to challenge Paxton but has not specified which primary he would run in.

Despite the long-running indictment, Paxton faced no primary opposition for a second term 2018. He ended up having a closer-than-expected race in the general election, when the Democratic nominee, Justin Nelson, campaigned heavily on Paxton’s legal troubles and finished within 4 percentage points of him.

See here/a>, here, and here for the background. Bush is right about one thing – I’d rather we get to run against Paxton, for all the obvious reasons. No guarantees, of course, but come on. Between the criminal charges that may finally see the inside of a courtroom and the whistleblower lawsuit, the potential for bad news for Paxton is high.

As for who Trump endorses, let’s just say that’s of niche appeal, and if the guy he picks loses in the primary he’ll likely endorse the other guy anyway. None of this is for my interest, after all. It’s moderately interesting that Trump endorsed Greg Abbott in his race, much to Don Huffines’ annoyance and without waiting to see if Sid Miller will wallow into the contest. Try to avoid watching any live TV during primary season next year, the ads are going to be brutal.

On the Dem side, Joe Jaworski is a friend, very well qualified, and actively campaigning right now. I have no idea what to make of Lee Merritt, but I hope he at least clarifies his intentions soon. We need to be ready to focus on this race, whoever the opponent ends up being.

Precinct analysis: State House districts 2020, part 1

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020
State Senate district comparisons

Joe Biden carried 74 State House districts in 2020. That’s seven more than were won by Democratic candidates, but two fewer than Beto in 2018. Eight districts won by Biden were held by Republican incumbents, and there were two that were flipped one way or the other:


Dist    Biden    Trump   Biden%   Trump%
========================================
026    45,192   42,349    50.9%    47.7%
066    47,844   39,729    53.7%    44.6%
067    52,872   43,876    53.6%    44.5%
096    44,828   43,538    50.0%    48.6%
108    57,513   43,250    56.2%    42.3%
112    37,369   31,167    53.6%    44.7%
121    49,034   46,430    50.6%    47.9%
132    51,737   50,223    50.0%    48.5%
134    67,814   42,523    60.6%    38.0%
138    34,079   31,171    51.5%    47.1%

For comparison, here’s the analysis from 2018. The one Republican-held district that Beto won but Biden didn’t is HD64, which I’ll get to next. Biden won HD96, which Beto did not win. I have no idea how Morgan Meyer held on in HD108 with that strong a wind blowing against him, but you have to tip your cap. You also have to wonder how much longer he can do this – yes, I know, redistricting is coming, but Dallas is getting close to being Travis County at this point, and you just have to wonder how many seats winnable by Republicans there are if current trends continue. Note that Sarah Davis faced nearly the same conditions in 2020 as she had in 2018, except for having a stronger opponent. Meyer had the same opponent (Joanna Cattanach) as in 2018, and she raised good money, but he managed to win anyway.

I still don’t feel like we have a good understanding of why there were so many Biden/Republican voters. There’s been a lot done to try to explain why Republicans did better with Latino voters in 2020, while everyone is more or less taking it for granted that the stampede of former Republicans who are now voting Democratic is just part of the landscape. I look at these numbers and I am reminded of the same kind of splits we saw in 2016, when there were tons of people who voted for Hillary Clinton but then mostly voted Republican otherwise. I was skeptical of the optimism we had (at least initially) for CDs 07 and 32 and other districts because of those gaps, and then 2018 came along and erased those concerns. So what do we make of this? A last gasp of anti-Trump energy from people who still think of themselves (and vote like) Republicans, or a leading indicator of more to come in 2022? I wish I knew, and I wish there were people actively trying to find out. Note that doesn’t necessarily bring us closer to winning statewide, as Beto had a smaller margin than Biden did, but it does meant that the battle for the Legislature and Congress will continue to be heated, even with new maps.

Next up are the near misses, and the farther-out-but-still-within-sight districts that I had been keeping an eye on following 2018. Most of these are familiar:


Dist    Biden    Trump   Biden%   Trump%
========================================
014    30,188   33,690    45.9%    51.3%
028    60,101   63,906    47.8%    50.8%
029    45,951   51,494    46.5%    52.1%
054    35,995   36,093    48.9%    49.0%
064    42,908   46,093    47.2%    50.7%
092    39,262   39,386    49.0%    49.2%
093    40,679   43,897    47.3%    51.0%
094    37,375   38,724    48.3%    50.1%
097    41,007   42,494    48.2%    50.0%
122    57,972   68,621    45.2%    53.5%
126    36,031   38,651    47.6%    51.1%
133    43,263   47,038    47.3%    51.4%

032    31,699   38,011    44.7%    53.6%
070    53,870   75,198    40.9%    57.1%
084    24,928   34,575    41.1%    57.1%
085    34,743   43,818    43.6%    55.0%
089    45,410   55,914    44.0%    54.1%
106    59,024   70,752    44.8%    53.7%
129    38,941   47,389    44.4%    54.0%
150    42,933   55,261    43.1%    55.5%

Generally speaking, Beto did better in these districts than Biden did, which is consistent with Beto scoring higher overall, but not everywhere. Biden outpaced him in some more urban areas, like HDs 133, 122, and the aforementioned HD96. Usually where Beto did better it wasn’t by much, less than a point or so, but with bigger differences in less urban areas like HDs 14, 32, and 84. It may be that there was less-than-expected Republican turnout in 2018, so it’s hard to extrapolate to 2022, but it’s important to remember that the trend from 2016 is strongly Democratic in all of these places. And it’s happening in places you haven’t been paying attention to as well. HD70 may not look competitive, and I didn’t include it in the 2018 analysis (Beto got 40.4% there compared to 58.8% for Cruz), but in 2016 it was carried by Trump by a 61.6 to 32.2 margin. This district in northern Collin County used to be a landslide for Republicans, and now it’s on the long-range sensors for Democrats, in the same way that HDs 126 and 133 and 150 are.

Not everything is rainbows and puppies. There were two districts that Beto won and Biden lost. You can probably guess what kind of districts they were. Here they are, along with the other close and longer-term-something-to-think-about districts.


Dist    Biden    Trump   Biden%   Trump%
========================================
031    25,315   33,101    42.9%    56.1%
074    23,478   27,319    45.6%    53.1%

034    29,226   26,606    51.7%    47.0%
035    24,991   21,049    53.8%    45.3%
080    26,251   22,543    53.3%    45.8%

038    29,116   21,573    56.8%    42.1%
041    31,956   25,187    55.5%    43.7%
117    53,983   39,495    56.8%    41.6%
118    34,228   25,848    56.2%    42.4%
144    17,365   14,599    53.6%    45.0%

If you’ve been wondering why Reps like Ryan Guillen and Eddie Morales were voting for permitless carry and the bills to restrict cities’ ability to reduce police funding, that right there is the likely answer. Guillen has been around forever and likely was pretty safe even with that Trump surge, but Morales was defending an open seat. I don’t want to think about how much more obnoxious the media narrative of the 2020 election in Texas would have been had the Republicans flipped this one.

The three “near miss” districts, HDs 34, 35, and 80, look worrisome and will no doubt give the Republicans some ideas about what the 2022 map should look like, but keep two things in mind: One, as you will see in the next post, this was more of a Trump thing than anything else. Republicans did not do nearly as well farther down on the ballot. And two, nine of the Democratic “near miss” districts were closer than the 4.7 point margin in HD34. If the current map were to stay in place, we’d have more targets than they would.

The five longer-range districts don’t concern me much, especially the two Bexar County districts, where Biden had a higher percentage than Clinton in each and a bigger margin in HD117 (Clinton carried HD118 by a 55.1-40.0 margin). They were both closer than they were in 2018, but the overall trend in Bexar County is bluer.

Finally, here are the seats that the Democrats picked up in either 2016 (HD107) or 1028:


Dist    Biden    Trump   Biden%   Trump%
========================================
045    61,435   53,123    52.6%    45.5%
047    76,336   61,983    54.1%    43.9%
052    55,056   44,664    53.9%    43.7%
065    44,884   36,126    54.5%    43.9%
102    41,123   27,279    59.1%    39.2%
105    33,634   23,879    57.6%    40.9%
107    36,691   24,880    58.6%    39.8%
113    38,175   30,600    54.8%    43.9%
114    47,215   32,340    58.5%    40.1%
115    42,618   29,510    58.1%    40.3%
135    39,657   36,114    51.6%    47.0%
136    59,654   43,190    56.6%    40.9%

As we know, the narrative from the 2020 election is that Democrats went big trying to take over the State House and win a bunch of Congressional seats, but failed to do any of that and so the year was a big success for the Republicans. I don’t dispute the basic premise, but I feel like it’s only part of the story. Democrats did regain that State Senate seat they lost in the 2019 special election debacle, they won a State Board of Education seat for the first time in my memory, they won more appellate court benches, and they completed the flip of Fort Bend County. None of that gained much notice. More to the point, the Republicans had big plans to win back what they had lost in 2018, the year that they claimed was a huge fluke driven by Betomania and anti-Trump fervor. Yet they failed to retake CDs 07 and 32, and they only took back one of the 12 State House seats they had lost, which was balanced out by their loss of HD134, but somehow that’s never mentioned. They spent a ton of money on these races, Dave Carney was predicting they would gains seats overall, and they had expressed confidence in their ability to hold SD19. They not only failed broadly on all this, but Biden did better overall in the seats Beto carried in 2018, as the new Dem incumbents mostly cruised. Sometimes I wonder what the story would have been if Dems had won only six or seven seats in 2018, then picked up the others last year. Would we still think of 2020 as a failure that way? I have no idea.

So this is how things looked from a Presidential perspective. As we know, Biden ran ahead of the other Democrats on the statewide ballot, so you may be wondering how this looked from that viewpoint. The next entry in this series will be the State House districts for the Senate and Railroad Commissioner races. Tune in next time for the exciting followup to this very special episode.

Precinct analysis: State Senate district comparisons

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020

Let me start with some Twitter:

There’s more to the thread, but those are the bits I wanted to highlight. It’s true, as noted in the previous post, that Dems lost some ground in the Latino districts in 2020. You’ll see that here in a minute. But it’s also very much true that they gained a lot of votes elsewhere, in the more white districts. Some of those are the ones that flipped in 2018 or might have flipped in 2020 had they been on the ballot. Some were in places where Dems were already strong. Some were in districts that actually look to be competitive now, having not been so even four years ago. Why don’t I just show you the data?


Dist   1216R   1216D    1620R   1620D   1220R     1220D	Dem net
===============================================================
14    -9,951  56,887   26,677  97,954   16,726  154,841  138,115
08    -7,593  38,270   32,030  82,158   24,437  120,428   95,991
16   -22,137  35,202   21,611  58,302     -526   93,504   94,030
17   -19,619  38,114   34,892  56,566   15,273   94,680   79,407
25     3,422  37,037   65,613  95,402   69,035  132,439   63,404
07    -6,676  33,604   42,494  60,489   35,818   94,093   58,275
15    -6,708  27,545   28,163  48,882   21,455   76,427   54,972
10    -8,347  13,076   23,099  54,113   14,752   67,189   52,437
26    -2,174  20,179   20,009  44,154   17,835   64,333   46,498
09       -60  17,910   24,193  48,973   24,133   66,883   42,750
12    13,859  30,860   59,095  84,527   72,954  115,387   42,433
23    -3,003   3,751   13,010  43,679   10,007   47,430   37,423
29    -1,674  34,889   29,559  30,398   27,885   65,287   37,402
05    14,069  25,990   54,548  74,087   68,617  100,077   31,460
11     1,957  20,541   46,098  46,384   48,055   66,925   18,870
06    -4,554  20,223   21,712  13,637   17,158   33,860   16,702
13    -2,928      72   16,907  30,419   13,979   30,491   16,512
19    10,638  16,958   45,127  42,821   55,765   59,779    4,014
02    11,532  10,026   35,894  38,391   47,426   48,417      991

As discussed before, the columns represent the difference in vote total for the given period and party, so “1216” means 2012 to 2016, “1620” means 2016 to 2020, and “1220” means 2012 to 2020. Each column has a D or an R in it, so “1216R” means the difference between 2016 Donald Trump and 2012 Mitt Romney for the Presidential table, and so forth. In each case, I subtract the earlier year’s total from the later year’s total, so the “-9,951” for SD114 in the “1216R” column means that Donald Trump got 9,951 fewer votes in 2016 in SD14 than Mitt Romney got, and the “56,887” for SD14 in the “1216D” column means that Hillary Clinton got 56,887 more votes than Barack Obama got. “Dem net” at the end just subtracts the “1220R” total from the “1220D” total, which is the total number of votes that Biden netted over Obama. Clear? I hope so.

These are the districts where Dems gained over the course of these three elections. Lots of Republican turf in there, including the two D flips from 2018 and the two districts that both Biden and Beto carried but didn’t flip in 2018 (SDs 08 and 17), but the big gainer is that Democratic stronghold of SD14, where demography plus population growth plus a heavy duty turnout game led to a vast gain. Really, we Dems don’t appreciate Travis County enough. SD15, my district, has a nice showing as well, while SD26 is there to remind us that not all Latino districts went the way of the Valley.

We have the two 2018 flip districts, SDs 16, now practically a D powerhouse, and 10, which didn’t shift quite as much but was the most Dem-leaning Romney district from 2012 – you may recall, Wendy Davis won re-election there despite it going only 45% for Obama – and we have the two Biden-won Republican in 08 – who knew this one would shift so radically left – and 17. We’ve discussed SD07 before, and how it’s now teetering on swing status and won’t be of much use to the Republicans when they try to shore themselves up, but look at SD25, a district that has moved strongly left despite encompassing Comal County, the I-35 version of Montgomery. Look at the shifts in SD12, which is still not competitive but also not as big a GOP stronghold, and SD05, which has moved along with Williamson County. The key takeaway here is that more of the Senate is going to have to be centered on the Houston-San Antonio-D/FW triangle, and that part of the state is much more Democratic than it was a decade ago. This is the big problem Republicans have to solve.

Dems have some room to improve as well. I discussed SD13 in the Harris County reviews, and I believe there’s untapped potential in this district. It’s 80% Democratic to begin with, so improvements in turnout and voter registration are going to pay off in a big way. SD23 was more like 13 in 2016, but acquitted itself nicely in 2020. I suspect there are a lot of voters here who will need more contact and engagement in 2022. I know there were votes left on the table in 2018, and we need to be conscious of that.

Finally, there are three other Latino districts besides SD26 in this list. We’ve discussed SD06 before, which had a big uptick in Democrats while seeing fewer Republicans in 2016, then saw more Republicans turn out in 2020. In the end, the Dem percentage was basically the same in 2020 as in 2012, with a larger net margin, but the trend needs watching. SD19, which Dems took back in 2020 after that embarrassing special election loss, had a similar pattern as with SD06 except with a smaller net Republican gain in 2020. This district has a lot of border turf, which trended red in 2020, but it also has a good chunk of Bexar County, which got bluer and likely mitigated the overall shift. I feel like this district is more likely to drift in a Republican direction than SD06 is, but that will depend to some extent on how it’s redrawn. SD29, anchored in El Paso, had the same big Dem shift in 2016, then saw roughly equivalent gains by both parties in 2020. I think it’s more likely to get bluer over time, and there’s always room for Dem growth in El Paso, though as with SDs 13 and 23, it will require engagement.

Overall, these 19 districts represent a net gain of over 900K votes for Dems. Joe Biden collected about 600K more votes than 2012 Obama did, so there’s votes going the other way as well. Here are those districts:


Dist   1216R   1216D    1620R   1620D   1220R     1220D	Dem net
===============================================================
18    15,109  19,337   58,614  49,787   73,723   69,124  -4,599
04    10,564  14,667   54,680  39,023   65,244   53,690 -11,554
24    11,125   7,102   51,143  42,472   62,268   49,574 -12,694
21     9,828  13,573   43,738  26,297   53,566   39,870 -13,696
20     7,675  17,839   42,214  18,130   49,889   35,969 -13,920
22    17,969   6,092   48,183  37,910   66,152   44,002 -22,150
27     7,486  15,779   37,504   6,942   44,990   22,721 -22,269
28     6,727  -2,691   33,163  17,453   39,890   14,762 -25,128
31     6,956   3,954   36,050  10,696   43,006   14,650 -28,356
01    11,123  -6,966   34,452  17,623   45,575   10,657 -34,918
30    30,275   7,133   75,839  47,839  106,114   54,972 -51,142
03    20,610  -6,936   48,423  14,385   69,033    7,449 -61,584

Here’s the current Senate map, to remind you of where these districts are. SDs 22 and 24 have the most turf inside the big population triangle, while SD04 has most of its people there. SD22 currently includes Johnson and Ellis Counties, and it’s not too hard to imagine them beginning to trend blue over the next decade, while SD24 includes Bell and Coryell, which also have that potential.

I’m actually a little surprised to see that SDs 04 and 18 got a little bluer in 2016, before snapping back in 2020. I’ll have to take a closer look at them, on a county by county basis, to see what the big factors were. Fort Bend is going our way, and I have hope that we can make progress in Montgomery, and that’s going to be a big key to this decade.

The big Republican gainers, as noted in the last post, are mostly in East Texas and West Texas/the Panhandle, with SD03 including the north part of Montgomery. The main question will be how much of these districts will have to include the faster-growing parts of the state. That’s a calculation that won’t be very friendly to the incumbents, one way or another.

Finally, there are the three Latino districts, SDs 20, 21, and 27. All three followed the same pattern of a Dem gain in 2016 followed by a bigger Republican gain in 2020. SD27 remained solidly Democratic, while 20 and 21 are much closer to swing status though as noted in the previous post the incumbents all ran comfortably ahead of the pack. Republicans could certainly try to make a district more amenable to them out of this part of the state. How that would affect their other priorities, and how much of what we saw in 2020 continues past that year are the big questions. All other Dems carried these three districts as well, more or less at the same level as Biden. The good news for the Republicans then is that the new voters that Trump brought in were there for more than just him.

As you can see, there are fewer districts in which Dems lost ground, and the total number of votes they ceded is about a third of what they picked up elsewhere. You can see how G. Elliott Morris’ tweet thread applies here. As was the case with the State House and Congress, the Republican gerrymander of the State Senate in 2011 was very effective, until it wasn’t. It’s the same story here as it is for the other chambers, which is how do they assess the risk of a strategy that aims to gain them seats versus one that just aims to hold on to what they’ve got.

Next up will be a look at the State House district results from 2020. When the 2020 data for Congress and the SBOE finally show up, I’ll do the same for them as well. Let me know what you think.