Off the Kuff Rotating Header Image

Election 2014

State and county election result relationships, part 4: What happened in 2022

Part 1
Part 2
Part 3

Now that the final totals are in, let’s go back and do the same exercise in comparing overall results for statewide candidates to the results they got in Harris County, and then from there comparing them to the local countywide numbers. I’m going to limit the comparisons to the last four elections, since as we saw things changed in 2016 and I don’t see any reason to go back farther than that. Here are the statewide numbers:


2016                   2018                   2020                   2022
State  Harris   Diff   State  Harris   Diff   State  Harris   Diff   State  Harris   Diff
43.24   53.95  10.71   48.33   57.98   9.65   46.48   55.96   9.48   43.81   54.00  10.19
38.38   47.35   8.97   42.51   52.11   9.60   43.87   52.90   9.03   43.44   53.41   9.97
38.53   47.96   9.43   46.49   56.07   9.58   43.56   52.90   9.34   43.62   53.40   9.78
41.18   50.78   9.60   47.01   56.90   9.89   44.49   53.16   8.67   40.91   50.56   9.65
39.36   48.28   8.92   43.39   52.74   9.35   44.08   53.49   9.41   42.10   51.08   8.98
40.05   49.86   9.81   43.19   53.71  10.52   44.76   53.76   9.00   43.63   53.15   9.52
40.20   49.53   9.33   46.41   56.68  10.27   44.35   52.97   8.62   40.51   49.92   9.41
40.89   50.72   9.83   43.91   53.25   9.34   45.18   54.45   9.27   41.81   50.40   8.59
                       46.83   56.68   9.85   44.70   54.72  10.02   42.87   51.44   8.57
                       46.29   56.48  10.19   45.47   54.00   8.53   43.55   52.13   8.58
                       46.29   55.18   8.89                          43.02   50.99   7.97
                       45.48   55.62  10.14                          42.74   50.46   7.72
                       45.85   54.90   9.05				
										
										
Min   8.92             Min   8.89             Min   8.53             Min   7.72
Max  10.71             Max  10.52             Max  10.02             Max  10.19
Avg   9.58             Avg   9.72             Avg   9.14             Avg   9.08

One could argue that the dip in the average difference between Harris County and the statewide results is a continuation from 2020, but I’m not so sure. I’m fascinated by the discrepancy between the executive office numbers and the judicial race numbers, which are the last five ones from 2022. The executive office average is 9.64, while the judicial average is 8.29. We have not seen anything like this in previous years – indeed, judicial races had some of the highest differences in all three previous cycles. My best guess for this is the same thing I’ve suggested before, that the multi-million dollar campaign waged against Democratic judges in Harris County had some modest but measurable success.

The point of this exercise was twofold. One was to show that Democrats don’t have to do all that well statewide to still carry Harris County. That’s been especially true in elections since 2016, but it was true before than. Barack Obama got 41.23% statewide, losing by 16 points, and yet Democrats won more than half of the races in Harris County. Wendy Davis got 38.90% in 2014 and lost by over 20 points; if she had lost by about 14 and a half points – which it to say, if she had done less than a point better than Obama – she’d have gotten to 50% in Harris County and Dems would have won at least some county races. Given this past history and the fact that Beto got to 54% in Harris County, the surprise is not that Dems won it’s that they didn’t sweep. I would have bet money on them taking everything with Beto at that level.

Which gets to the second item. In past elections, Democratic judicial candidates in Harris County have generally outperformed the statewide candidates. Most, and in some cases all, of the judicial candidates did better than the statewide candidates’ average in Harris County. That was the key to Dems winning as many judicial races as they did in 2008 (statewide candidate average 50.62%) and 2012 (statewide candidate average 48.59%). This just wasn’t the case in 2022. Let’s start with the numbers:


Havg	51.75
Jmin	49.29
Jmax	52.30
Drop	4.71

As a reminder, “Havg” is the average percentage of the vote in Harris County for statewide candidates. “Jmin” and “Jmax” are the lowest and highest percentages achieved by Harris County Democratic judicial candidates. “Drop” is the difference between the top score among statewide candidates (54.00% for Beto) and the low score among the judicial candidates.

The Harris average for the statewides was the third best it has ever been, behind 2020 and 2018. As noted in the past, weak statewide candidates have in the past lost a lot of votes to third party candidates, which has dragged down the “Havg” value in those years. While most years there have been judicial candidates that have scored worse than the Havg for the year (2006 and 2016 being exceptions), in previous years the bulk of the judicial candidates did better than the Havg number.

Not this year. By my count, only eight of the 61 district and county court Democrats scored better than 51.75% of the vote. Obviously, you don’t need that much to win, but the effect was that five candidates finished below fifty percent. The range between the top scoring judicial candidate and the bottom scoring one was right in line with historic norms, but because that range began at a lower point, there was a bigger gap overall between how the statewides did compared to the local judicials. That “Drop” of 4.71 points is the second biggest ever, and the only reason that the 2010 Drop was bigger was because Bill White was a huge outlier. If there’s one thing from this election that truly surprised me, it was the gap between the top of the Democratic ticket and the judicial races. That is something we had not seen before.

Again, I believe that the massive amounts of spending by the usual cadre of Republican oligarchs had an effect. It’s something we will have to take into account next time around. Not all of this spending was aimed at the judicial candidates, of course, There was an effect on the county executive office races as well, though thankfully it was smaller:


Havg	51.75	
CJ	50.79
DC	51.17
CC	51.59
CT	51.60

I haven’t calculated a judicial average score for Harris County yet, but my gut says that the three non-County Judge candidates came in above it, while Judge Hidalgo was probably a bit below it. Good enough to win, which is what matters most. County Judge is the only really visible one of these offices and it was very much Judge Hidalgo who was the subject of the ad blitzes. I’m not in a position to say why she persevered, but I will be very interested to see how she performs in the precinct data. In the UH Hobby Center poll of Harris County from October, their second poll of the county, they were pretty accurate about Beto’s performance – they pegged him at 50-42 over Abbott, an eight point lead, which I projected to Beto getting about 54%, dead on to where he was – but they had Hidalgo trailing Mealer among Latino voters by a 47-44 margin. I thought at the time that was inaccurate and I still do, but we’ll get a reality check when the precinct data is available. Let’s put a pin in this one.

I’ve made good on my promise to throw a lot of numbers at you. I hope this made sense, I hope it illustrated why I thought the pundits were likely to be wrong about Harris County, and I hope it will help inform this discourse going forward. Past performance may not predict future results, but it does help to at least know what that past performance was. The numbers are always there.

In which Harris County Republicans look for moral victories

Believe me, as a Texas Democrat and a longtime fan of the Rice Owls, I know what it looks like to search for moral victories in the face of defeat. It looks like this.

Feel the power…

Harris County Republicans on Tuesday posted their strongest showing in years, appearing to capture their first countywide race since 2014 and nearly unseating County Judge Lina Hidalgo.

In the end, though, Hidalgo eked out a narrow victory over Republican Alexandra del Moral Mealer, leaving the party all but empty-handed despite massively outspending Democrats and launching an all-out push to reclaim control of Harris County Commissioners Court.

Under new precinct boundaries crafted by Democrats last year to expand their court majority, Republican Commissioner Jack Cagle also came up short against Democrat Lesley Briones, whom he trailed by more than 3 percentage points with all voting centers reporting. Democratic Commissioner Adrian Garcia also held off Republican Jack Morman by more than 5 points in Precinct 2.

Mealer conceded early Wednesday morning, cementing a 4-1 majority for Democrats on Commissioners Court.

Even Republicans acknowledged this year could be their last realistic chance, and certainly their best shot in recent years, at winning a county that has seen pronounced demographic shifts over the last couple of decades. Harris County’s population is growing younger and more racially and ethnically diverse, while adding more college-educated residents — groups that all tend to favor Democrats, said Brandon Rottinghaus, a political science professor at the University of Houston.

However, Harris County Republicans saw a confluence of factors — the felony indictment of three Hidalgo aidesa rise in homicidesDemocrats bracing for a Republican wave year nationally — that appeared to put the county judge race and other countywide seats in play. Also fueling their optimism was the removal last cycle of straight-ticket voting, meaning voters no longer can cast their ballots for every candidate from one party by pressing a single button.

“The best chance to unseat a Democrat in Harris County is when they’re new to office, when they’re somewhat vulnerable, and when national trends cut against the Democrats,” Rottinghaus said. “That’s the perfect storm.”

Typically a low-profile affair, this year’s county judge race unfolded into one of Texas’ marquee election battles. Republican and business community donors, sensing Hidalgo was vulnerable, poured millions of dollars into Mealer’s campaign and political action committees backing Republican candidates, leaving Hidalgo and other local Democrats financially overwhelmed in a race few expected to be truly competitive a year ago.

The conditions in Harris County’s high-profile races appeared to boost Republicans in down-ballot judicial contests, five of which swung in favor of the GOP. Through unofficial results, Democrats appeared to lose control of two criminal district courts and three county misdemeanor courts, marking the party’s first countywide defeats in eight years.

Republicans also held a number of Democratic judicial candidates under 51 percent, far narrower results than their recent courthouse sweeps.

“We are light years from where we were four years ago. Light years,” state Sen. Paul Bettencourt, R-Houston, said to a crowd at the Harris County Republican Party’s election night watch party.

Atop the ballot, Democrat Beto O’Rourke carried Harris County over Republican Gov. Greg Abbott by about 9 percentage points — far less than his 17-point margin over U.S. Sen. Ted Cruz in 2018.

That year, O’Rourke helped usher in a wave of Democratic wins in down-ballot county races. Under less favorable conditions atop the ticket this year, Democrats running for administrative countywide offices still narrowly retained the seats they had first captured four years ago.

I wrote three posts talking about the connection between statewide performance and Harris County performance for Democrats. This might be a good time to point out that when Republicans were running the table in Harris County in the off-year elections, they were also absolutely stomping Democrats statewide. This was a worse year for Dems statewide than 2020 and 2018 were, but it was (ahem) light years from where they were in 2014 and 2010. Light years.

I mean, I had plenty of moments of doubt and worry going into this race. Some of those late polls, the ones that had Beto down by 12 or 13 points, were in line with the expectation that Harris County would be at best a mixed bag for Dems, with the real possibility of not only losing Judge Hidalgo’s race but also the majority on Commissioners Court. Hell, having both Lesley Briones and Adrian Garcia also lose wasn’t out of the question if things were really going south. I would have preferred to not lose any of those judicial races, but I can live with it. At least now there will be benches to run for that don’t require primarying someone. Oh, and by the way, all five of the losing Democratic judges had a higher percentage of the vote than Mealer did. Just so you know.

I will say, and I’ll say it again when I write another post about the state-county connection to update it for 2022, I do think the campaign to blame Democrats for crime, and all the money spent on it, probably moved the needle enough to get at least a couple of those Republican judicial candidates over the hump. They still needed the good statewide showing to be in a position to take advantage, but every little bit helps. But crime has been declining, and the crime rate has basically nothing to do with who’s on the bench anyway, so good luck replicating that in 2026.

I must note, by the way, that some people (on Twitter and on the CityCast Houston podcast) have mentioned that the five losing Democratic judicial candidates were all Black and all had names that might suggest they are Black. On the podcast, Evan Mintz noted this and mentioned the 2008 election, in which several Democratic judicial candidates with uncommon names had lost. I will just say that if you scroll through the Election Day results you will see quite a few Democratic candidates who are Black and whose names might also suggest they are Black that won. I’ve said before, there is always some variation in the range of performance for the Democratic judicial candidates. I’ve never found a pattern that consistently explains it, and that includes this year. As such, I am very reluctant to offer reasons for why this happens. I do think as I have just stated that the millions of dollars spent on blaming crime on the judges had some effect, but if it did then the effect was an overall one, with the range of scores being a bit lower than it might have been. That was enough to push a handful of Dems below fifty percent.

By the way, the two Republican judicial candidates who lost by the largest margins were named “Geric Tipsword” and “Andrew Bayley”. Make of that what you will.

I guess the question I’d ask is how confident are you right now that things will be better for your team in 2024, and in 2026? I feel pretty confident right now that Dems will sweep Harris County in 2024. The track record in Presidential years is a bit longer and more decisive. For 2026, it’s much harder to say. The possibility of a bad year in what could be Year 6 of President Biden or Year 2 of President Some Other Democrat is one that can’t be dismissed. You couldn’t get me to wishcast a 2026 gubernatorial frontrunner right now for love or money. Current trends suggest Dems would be in a better position in four years even with those possibilities, but trends don’t always continue as they have in the past, and even when they do they can slow down or bounce around a bit. With all that said, I still like our chances. Ask me again in three years when it’s filing season for that election.

Some opening thoughts on the 2022 election

Done in the traditional bullet-point style. There may or may not be a part 2 to this, depending on the usual factors.

– Obviously the overall result was disappointing. It was harder to see a Beto victory this year from the polling data than it was in 2018, but that doesn’t lessen the sting. There were polls that had the race at about five or six points and there were polls that had it at about 11 to 13. One of those groups was going to be more right than the other, and unfortunately it was the latter.

– I’m not prepared to say that turnout was disappointing. I mean sure, Beto didn’t get the margins he had gotten four years ago in the big urban counties, and that was partly due to lower turnout. But look, turnout was over 8 million, which up until the 2020 election would have been considered Presidential level. Indeed, more votes were cast in this year’s Governor’s race than in the 2012 Presidential race. We didn’t build on 2018, certainly not as we wanted to, and turnout as a percentage of registered voters is down from 2018, but this was still by far the second highest vote total in an off year election, not too far from being the first highest. There’s still plenty to build on. And for what it’s worth, election losers of all stripes often complain about turnout.

– That said, I think any objective look at the data will suggest that more Dems than we’d have liked stayed home. I don’t know why, but I sure hope someone with access to better data than I have spends some time trying to figure it out. How is it that in a year where Dems nationally outperformed expectations the same didn’t happen here? I wish I knew.

– Turnout in Harris County was 1,100,979, according to the very latest report, for 43.21% of registered voters. A total of 349,025 votes were cast on Election Day, or 31.7% of the total. That made the pattern for 2022 more like 2018 than 2014, and the final tally came in at the lower end of the spectrum as well.

– For what it’s worth, predictions of a redder Election Day than Early Voting turned out to be false, at least when compared to in person early voting; Dems did indeed dominate the mail ballots, with statewide and countywide candidates generally topping 60%. Those five judicial candidates who lost only got about 55-56% of the mail vote, and did worse with early in person voting than their winning peers. On Election Day, most Dems did about as well or a little better than early in person voting. The Dems who fell a bit short of that on Election Day were generally the statewides, and it was because the third party candidates did their best on Election Day; this had the effect of lowering the Republican E-Day percentages as well. Go figure.

– In answer to this question, no I don’t think we’ll see Beto O’Rourke run for anything statewide again. If he wants to run for, like Mayor of El Paso, I doubt anyone would stake their own campaign on calling him a loser. But his statewide days are almost surely over, which means we better start looking around for someone to run against Ted Cruz in 2024. We know he’s beatable.

– Before I let this go, and before the narratives get all hardened in place, one could argue that Beto O’Rourke was the most successful Democratic candidate for Governor since Ann Richards. Consider:


Year  Candidate       Votes    Deficit    Pct   Diff
====================================================
2002    Sanchez   1,819,798    812,793  39.96  17.85
2006       Bell   1,310,337    406,455  29.79   9.24
2010      White   2,106,395    631,086  42.30  12.67
2014      Davis   1,835,596    960,951  38.90  20.37
2018     Valdez   3,546,615  1,109,581  42.51  13.30
2022   O'Rourke   3,535,621    889,155  43.80  11.01

He got more votes than anyone except (just barely) Lupe Valdez, but he came closer to winning than she did. He got a better percentage of the vote than anyone else, and trailed by less than everyone except for Chris Bell in that bizarre four-way race. Like Joe Biden in 2020, the topline result fell short of expectations, but compared to his peers he generally outperformed them and you can see some progress. It will take someone else to move to the next steps.

– I’ll take a closer look at the State House data when it’s more fully available, but overall I’d say Republicans did pretty well compared to the 2020 baseline. That said, there are some seats that they will have a hard time holding onto. Getting to 75 will probably take continued demographic change and the continuation of the 2016-2020 suburban trends, and a lot of work keeping up with population growth. All that will take money and wise investment. That’s above my pay grade.

– In Harris County, I was swinging back and forth between confidence and panic before Tuesday. In the end, I’m pretty happy. Getting to that 4-1 margin on Commissioners Court is huge, and that’s before savoring the end of Jack Cagle’s time in power and the enormous piles of money that were set on fire to oust Judge Hidalgo. I may have made a few rude hand gestures at some houses with Mealer signs in my neighborhood as I walked the dog on Wednesday. One of the pollsters that was close to the target statewide was the UH Hobby Center poll, but they botched their read on the Harris County Judge race, finding Mealer in the lead and underestimating Hidalgo by six points. Hope y’all figure that one out.

– In the end there were 59,186 mail ballots counted, after 57,871 mail ballots were returned at the end of early voting. These took awhile to be fully counted – as of the 5 AM tally, only 55,393 mail ballots had been tabulated in the Governor’s race, with fewer in the others. In the past, we have seen the mail ballot total go up by quite a bit more in the days between the end of early voting and the Tuesday results – for example, in 2018 there were 89,098 ballots returned as of the end of the EV period and 97,509 mail ballots tabulated. I have to assume this is about the rejection rate, which if so I’ll see it in the post-canvass election report. If not, I’ll try to ask about it.

– By the way, since there were more mail ballots counted at the end, they had the effect of giving a small boost to Democratic performance. There was a slight chance that could have tipped one or more of the closest judicial races where a Republican had been leading, but that did not happen. It almost did in the 180th Criminal District Court, where incumbent Dasean Jones trails by 465 votes – 0.04 percentage points – out of over a million votes cast. If there are any recounts, I’d expect that to be one. Unless there are a ton of provisional ballots and they go very strongly Democratic it won’t change anything, so just consider this your annual reminder that every vote does indeed matter.

I do have some further thoughts about Harris County, but I’ll save them for another post. What are your initial impressions of the election?

UPDATE: There were still votes being counted when I wrote this. I think they’re done now. Turnout is just over 1.1 million as of this update.

Fewer mail ballots rejected in November

Good, but still could be better.

Local election officials in Texas are reporting a drop in the percentage of mail ballots that have so far been flagged for rejection during the ongoing midterm elections, as compared with a spike earlier this year.

During the state’s primary in March, state officials said 24,636 mail-in ballots were rejected in that election. That’s a 12.38% rejection rate — far higher than in previous contests. According to the U.S. Election Assistance Commission, Texas’ mail ballot rejection rate during the 2020 general election was 0.8% and it was 1.5% in 2018.

The surge in the rejection rate in March followed a voting law passed by Republicans in the state legislature in 2021 that created new ID requirements for mail ballots. Local officials said confusion created by the law, known as Senate Bill 1, tripped up many voters. In many cases, voters completely missed the field on the ballot return envelope that requires either a partial Social Security number or driver’s license number.

According to the Texas secretary of state’s office, however, the ongoing general election isn’t experiencing the same high rate of ballot rejections so far.

State officials have reported that 1.78% of mail ballots returned to county election officials have been rejected so far — 8,771 ballots out of 491,399, as of Friday afternoon.

About 314,000 ballots still had to be processed by local officials, according to the secretary of state. Voters have until Election Day on Tuesday to turn in mail ballots.

Many ballots that have been flagged for rejection will be remedied before voting ends next week, because SB 1 also created a ballot cure process in Texas. That means voters will have an opportunity to fix their mistakes.

Sam Taylor, assistant secretary of state for communications, attributes the decrease in the mail ballot rejection rate to updates to the return ballot in some Texas counties, as well as additional voter information included in mail ballots by local officials.

He says various voter education campaigns following the March primary have also helped. Taylor said his office, along with county election officials, focused on educating older voters in the state about new ID requirements. In Texas, voters over 65, voters with disabilities, people out of town and people in jail but not convicted can cast a mail ballot.

Taylor also said rejection rates were always likely to improve as “voters got used to” the new mail ballot process.

“I think it is moving in the right direction and more education never hurts,” he said.

Harris County — which is home to Houston, and is the state’s most populous and diverse county — so far has a higher rejection rate than the state average.

According to Harris County officials, about 9% of returned mail ballots were flagged with a rejection or exception code, as of Wednesday. Officials said most of those preliminary ballots were flagged specifically with ID issues, which are a result of the state’s new voting law.

We’ve discussed this before, and I’ve been generally optimistic that the downward trend we saw from May would continue. I give a lot of credit to county election administrators, who have worked very hard to mitigate the problem. What all of this tells me is that yes this will continue to improve over time, and that the fact that this was imposed for the primaries without giving the counties or the SOS the chance to figure it out and develop training and communication materials just shows how little the Republicans in the Lege cared about disenfranchising people. They were willing to do the beta test in real time without there ever having been any dry runs, and too bad for anyone affected. Not much we can do about it now, but never forget the attitude.

As for the Harris County figure, I can’t find any other information at this time. I do hope that these are the correctible kind of error and that the final rejection totals will be lower. For what it’s worth, these are the totals through the end of early voting for elections from 2012 for the percentage of mail ballots accepted:


Year    Mailed   Counted   Pct
==============================
2012    92,290    66,310  71.8
2014    89,073    67,967  76.3
2016   123,999    94,699  76.4
2018   119,742    89,098  74.4
2020   250,434   170,410  68.0
2022    80,416    57,871  72.0

This is mail ballots that have been accepted and counted, which are listed as Returned on the daily total files. The large majority of other ones are those that weren’t returned, but some of them were returned and rejected for whatever the reason. The point here is that we don’t have an abnormally low number of returned and counted ballots. So unless the accounting for this has changed, it looks pretty normal. We’ll know more after the election, but this is reassuring. Did you vote yet?

Final November 2022 EV totals: Catching up

First, some slightly outdated numbers from the Chron.

Fewer Harris County voters cast ballots during this year’s early voting period than in the 2020 and 2018 elections, according to unofficial voter counts released after polls closed on Friday night.

From Oct. 24 to Nov. 4, about 736,000 people had voted at Harris County’s 99 early voting locations. They accounted for about 28 percent of Harris County’s 2.6 million registered voters.

Local voters are taking to the polls to elect dozens of local offices, including Harris County judge, as well as to vote on $1.2 billion in bond proposals and on statewide races for governor, lieutenant governor, attorney general and others.

But so far, the number of voters has lagged behind the turnout in recent November elections.

In 2020, which was a presidential election year, more than 1.4 million people, about 57 percent of registered voters in Harris County, voted early. In 2018, early voting turnout was 855,711 people or 36.6 percent of registered voters.

There was an uptick in recent days of voter turnout. On Friday, more than 95,000 people voted in person, the highest daily total during the two-week early voting period. The second-highest voting day was Thursday, when more than 75,000 people voted. Long lines and waits of more than 2 hours were reported at some locations on Friday. After polls closed at 7 p.m., there were still 200 people in line to vote at some locations, including NRG Stadium, according to the Harris County Election Administrator’s Office.

I’ll get to the numbers in a minutes, but this story has a publication time of 9:14 PM and refers to a tweet posted at 7 PM by the Elections office. The final in person vote count for Friday was actually 105K, so waiting till later to publish (the voters file with the final count hit my mailbox at 11:24 PM) might have been advisable. Be that as it may, this is what we got when all was said and done. Final EV totals from 2018 are here and from 2014 are here. The final totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   67,967  307,280  375,247
2018   89,098  766,613  855,711
2022   57,871  692,478  750,349

In the end, early turnout for 2022 was 87.7% of what it was in 2018, while in person turnout was 91.6% of the 2018 number. That’s down, but as noted on Friday, the gap has narrowed. All three final days of early voting had higher in person totals this year than in 2022. Comparisons to 2020 are not particularly interesting – this is a non-Presidential year, and in case you forgot there were three weeks of early voting in 2020, thanks to the pandemic. We may be hard pressed to match 2020 EV totals in 2024.

The question is, what might final turnout look like? The trend in Presidential years is that fewer votes are cast on Election Day. In 2012, 35% of votes were cast on Election Day, in 2016 it was 26% of the vote, and in 2020 – again, in a year with three weeks of early voting, and also a record number of votes by mail – just 12% of the vote was on Tuesday. That trend is much less pronounced in off years. In 2010, 44% of all votes were cast on Election Day, in 2014 it was 45%, and in 2018 it was 29%.

What that means is that if Election Day in 2022 is like it was in 2018, we’ll get about 307K votes cast (*) for a final total of about 1.057 million. If it’s more like 2014, we’ll see 614K votes cast, for 1.364 million total. Going by the estimate of about 2.53 million total voters in Harris County, that would be 41.8% turnout of registered voters on the low end, and 53.9% on the high end. That compares to 41.7% in 2010, 33.7% in 2014, and 52.9% in 2018.

My high end scenario, in other words, would mean that 2022 exceeds 2018 both in absolute numbers as well as in turnout percentage. That feels a bit exuberant to me, but not out of the question. I think the 29% turnout on Election Day is probably too low – I’ll get into that more in a minute – so let’s split the difference and say 37% of the vote happens on Tuesday. If that’s the case, then 1.191 million votes will be cast, or 47.1% turnout. That’s down from 2018 but not by much. It feels plausible to me, with the proviso that we’re all just flat-out guessing here.

One argument for why we might get a larger portion of the vote cast on Tuesday than we had in 2018 is that more voters came out in the final days of early voting this year. The last three days of early voting in 2018 accounted for about 27% of the final in person early vote total. This year, about 35% of the in person vote came out on the last three days. That at least suggests the possibility that more people are taking their time to get to the polls. Does that necessarily carry over to voting on E-Day instead of voting early? Maybe, I don’t know. We’re dealing with the tiniest possible sample sizes here, so you can read anything you want into this stuff. That’s why I try to talk in terms of ranges of possibility. Different years are, well, different. It’s plausible to me that the Election Day share of the vote this year could be higher than it was in 2018, but that doesn’t mean it will be, nor does it mean that if it is it will be as much as it was in previous years. Pick your adventure here. Have you voted yet?

(*) – Just a reminder that some number of mail ballots come in between Friday and Tuesday, which means that the mail totals you see on the official Election Night returns don’t match what I’ve got here from the daily EV tallies. In 2018, there wound up being just over 100K mail ballots, which means there were another 11K that came in after the “final” totals posted above. My guess is we’ll get between 65-67K total mail ballots this year. All this means that my calculations for the Election Day vote share are slightly off, but it’s not worth worrying about. The basic contour is still whether we get an Election Day more like 2018 or more like 2014/2010.

November 2022 Day Ten EV totals: Two to go

This is the data from Wednesday. It came in a little later than usual. Since yesterday was the vote-till-10PM day, I thought I’d provide this update now, and will give the final EV totals on Sunday. Final EV totals from 2018 are here and from 2014 are here. The Day Ten totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   63,857  220,505  284,362
2018   82,009  605,869  719,878
2022   52,608  513,398  566,006

About 58K in person voters Wednesday, which was in line with the dailies from week one, plus another 6K mail ballots. The second Wednesday of week two early voting in 201 had a weird dip, to 48K in person votes – maybe it rained all day that day, I dunno – so the gap between 2018 and 2022 was slightly closed. About 122K in person votes over the last two days will make the 2022 early vote exceed the entire total from 2014. We won’t catch up to 2018 barring a huge surge, but closing the gap a bit more is possible. Have you voted yet?

November 2022 Day Nine EV Totals: Still lagging

Nine days down, three to go: Final EV totals from 2018 are here and from 2014 are here. The Day Nine totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   60,400  191,432  251,832
2018   80,279  557,264  637,543
2022   46,417  454,309  500,726

Not off to a fast start in week 2, as both Monday and Tuesday had lower turnout than the weekdays of Week 1. I wasn’t expecting 2018-level turnout, even with the larger number of registered voters, but it’s lagging farther behind than I expected at this point. I’d like to see this turn around, but we’re running out of time for it to happen. Have you voted yet?

November 2022 Day Seven EV totals: On to Week 2

Fresh from Sunday night: Final EV totals from 2018 are here and from 2014 are here. The Day Seven totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   57,546  137,137  194,683
2018   77,347  429,009  506,356
2022   44,163  354,100  398,263

Saturday’s in person total of 41K was surprisingly low, while Sunday’s 25K was much more in line with expectations. Because Saturday in 2018 was much busier, the 2022 pace has fallen off a bit, though the in person total is still about 82.5% of what it was four years ago. The early vote for 2022 after seven days has now exceeded the entire early vote from 2014. An average of about 59K per day for this week, not much higher than the average for the first seven days, would make the 2022 early total be greater than the final turnout for all of 2014. Obviously, we want to aim much higher than that, and we have many more voters now than we did eight years ago – and also four years ago. We’ll see what this week holds. Have you voted yet?

November 2022 Day Five EV totals: A closer look at mail ballots

The numbers are what they are.

Nearly half as many people have so far voted by mail in Harris County as in 2018 during the same period, state data show.

About 31,000 voters submitted mail-in ballots by the end of the day Thursday, compared with 56,000 at this point four years ago. A similar trend is taking shape at the statewide level, where Republican voters who previously relied on mail ballots are likely opting to vote in person early or on Election Day, political analysts say.

Overall, turnout during early voting has also trailed slightly behind 2018. In the 30 counties with the most registered voters, about 11.1 percent have cast a ballot so far, though four counties had not yet submitted updated tallies as of Friday morning. About 16.1 percent had voted by this time four years ago.

The 31,000 mail ballots in Harris County make up about 1.2 percent of its registered voters. But in 2018, about 2.4 percent of registered voters’ ballots had been shipped off and counted by now.

Republicans in the past have had a 2-to-1 advantage in the vote-by-mail category, and the practice expanded in the 2020 election as the coronavirus spread. But as the pandemic waned, and after former President Donald Trump cast doubt on the integrity of the method, data shows Democrats now have the edge.

“Prior to 2018, voting by mail was really the bread and butter for Republican candidates,” said Derek Ryan, a GOP strategist whose company produces election data analyses. “And then (Trump) started discussing how potentially unsafe voting by mail could be, and I think that message has resonated with the Republican base.”

As of Wednesday in Harris County, 52 percent had previously voted in a Democratic primary, and 36 percent of mail voters had previously voted in a Republican primary, according to Ryan’s analysis. Yet, Republican voters have the upper hand in person, 41 percent to 34 percent.

[…]

Ryan, who’s been involved in politics in Texas since 2000, said this is the first election cycle he can remember in which most Republican candidates have not sent out mail ballot applications to registered voters.

Harris County elections spokeswoman Leah Shah said the county received far fewer applications that came from campaigns in this election — about 27,000 compared to 57,000 in 2018. Overall, the county received about 78,000 applications, compared with nearly 120,000 in 2018, she said.

“We’ve done a significant amount of education through the summer to ensure people feel confident in voting by mail,” Shah said. “It’s still an extremely important option for people who can’t come in person. We certainly want to encourage people to do so if needed and if they’re eligible.”

As noted, the in person early voting totals for Harris County right now are quite close to the 2018 numbers. The vote by mail totals are down quite a bit, and for sure that’s mostly Republican dropoff. For what it’s worth, in the 2018 general election in Harris County, Republicans had a slight lead in straight ticket votes on the mail ballots, though the Dem candidates for the most part had a modest edge overall. In 2020 Dems had a solid lead i mail votes, and I expect the same this year though with a smaller number of total mail votes cast. In the end, as I’ve said before, I would expect most of the former mail voters to turn out in person.

As for the Republican voters having an edge so far with in person voters, remember three things: One, the earliest voters tend to be the most faithful ones, so they’re disproportionately the strongest partisans. Two, going back to 2012 there have generally been more votes cast in Republican primaries than in Democratic primaries. The high water total for both parties in a primary is about 329K, with Dems hitting that mark in 2020 and Republicans in 2016. Not everyone votes in a given year’s primary so you can’t just add up the votes for each year, but my point is that to a first order approximation, the total number of people with an R primary history and the people with a D voting history are roughly the same.

(Yes, there were 410K Dem primary voters in 2008. That was 14 years ago. People move, people die, and we have about 700K more registered voters now in Harris County than we did then.)

Finally, there are a lot of people with no primary voting history. In 2018, when Dems had 159K primary voters and Republicans had 167K, every Dem other than Lina Hidalgo got at least 606K votes in November, while Republicans of the non-Ed Emmett variety got at most 560K (Hidalgo beat Emmett 595K to 575K). In 2020, with 329K Dem primary votes and 195K Republicans, it was at least 814K votes for Dems and at most 740K for Republicans. There are a lot of votes still to be cast.

Here are the totals through Friday. Final EV totals from 2018 are here and from 2014 are here. The Day Five totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   54,300  104,147  158,447
2018   65,232  315,030  380,262
2022   37,810  287,185  324,995

There were about 55K in person voters on both Thursday and Friday. Given the rains on Friday, it’s possible that total might have been higher otherwise. The 2022 in person tally continues to run at a bit more than 90% of the 2018 total (91.2%, if you want to be more precise), while the mail ballot total is about 80% of what it was in 2018. A simple and dumb extrapolation would suggest about 698K in person early voters plus 52K mail voters for a total of 750K, compared to 855K in 2018. I still think we wind up closer than that. The Trib has a nice daily tracker that as of last night was updated through Thursday, if you want to follow that along. I’ll post the next update Monday morning.

We hit a new peak in voter registrations

It’s good to see, whatever it “means”.

Still the only voter ID anyone should need

Texas now has almost 17.7 million voters — 1.9 million more than four years ago, when Gov. Greg Abbott won re-election.

New voter registration totals from the Texas Division of Elections show the state’s voter rolls are continuing to grow even faster than the population. While the state’s population has grown about 7 percent since 2018, voter registrations have grown about 12 percent.

Nowhere has the surge been bigger than in Harris County, where 230,000 people have been added to the voter rolls since 2018. Tarrant and Bexar counties are next, with more than 130,000 more voters than four years ago. All three counties voted Democratic in the 2020 presidential election.

The result is that at least 1 of every 5 voters in Texas never cast a general election ballot in the Lone Star State prior to 2014 — a remarkable wild card in a state that had stable politics and a slow stream of new voters for a generation before that.

Some of the biggest percentage increases in voter registrations are coming from booming counties that voted Republican in 2020.

Comal County, just north of San Antonio, saw a 29 percent increase in voter registrations from four years ago — the highest growth percentage of any county in the state. Not far behind was Kaufman County, east of Dallas, which also grew by about 29 percent.

[…]

Since 2014, Texas has added 3.6 million voters — roughly equivalent to the populations of Wisconsin and Minnesota.

The increase can be traced to 2014, when a group of campaign strategists from President Barack Obama’s re-election campaign launched an effort they called Battleground Texas to build an army of volunteer registrars.

See here and here for some background, and here for historic data. It’s wild that this has accelerated so much in recent years – we’ve talked about how Harris County was basically flat for years prior to 2012. This will have to slow down, at least to equalize to the rate of population growth, but today is not that day.

The increase in voter registration is absolutely a factor in the recent surge in turnout. In 2014, with 14 million voters and 33.7% turnout, there were 4.7 million total ballots. With 17.7 million voters, 33.7% turnout would be almost 6 million votes. Needless to say, we expect a higher percentage turnout than that this year. If we get the 8.3 million voters we got in 2018, that’s 47% this year, while it was 53% in 2018. I don’t know what we’ll get and I’m not trying to make a projection, I’m just noting that we have a higher floor now.

November 2022 Day Three EV totals: A lot like Day Two

Sorry, the days are long and my mind is full and I don’t have anything interesting to say. I will at some point. For now, this is what we get. Final EV totals from 2018 are here and from 2014 are here. The Day Three totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   46,293   61,150  107,443
2018   55,506  190,455  245,961
2022   28,536  176,964  205,500

There were 56K in person voters yesterday, and a bit over 4K returned mail ballots. At this point, 2022 is running about twice as high as 2014, and that gap will grow, while at about 80% of 2018 overall but more than 90% of 2018 in person. The 2018 dailies stay pretty flat though the last day, with an odd dip on the second Wednesday. I think 2022 will catch up, at least for the in person totals. Have you voted yet?

November 2022 Day Two EV totals: Just the facts

I’m just going to get into it, I don’t have anything to add to the numbers. Final EV totals from 2018 are here and from 2014 are here. The Day Two totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   42,752   40,595   83,347
2018   53,947  127,963  181,910
2022   23,630  120,402  144,032

There were about 59K in person voters yesterday, compared to 63K for 2018. Obviously, the overall mail ballot total is down as noted before, but in the end I expect those votes to mostly show up as in person votes. I’m sure I’ll have more to say going forward, but for now we’re up to date.

November 2022 Day One EV totals: The in person experience

Here’s your Chron story about Day One of early voting.

More than 60,000 registered voters Harris County decided Monday they couldn’t wait any longer to cast a ballot for their choices in the 2022 midterm election.

Monday was the first day of early voting in Texas, and more than one out of every 50 Harris County turned out to cast their ballots, according to the Harris County Elections Administration office. Voters this year are casting votes for Texas governor and Harris County judge, along with dozens of other state and local races. In Harris County, a printed-out ballot would be 20 pages long, officials said

Few problems were reported at the county’s 99 early voting locations Monday, but voters did find themselves standing in line waiting to cast their votes.

[…]

Texas now has nearly 17.7 million voters, which is 1.9 million more than four years ago, according to the Texas Division of Elections.

Harris County alone has about 2.6 million registered voters. Since 2018, about 230,000 people have been added to the rolls in Texas’ most populous county.

Most people across the state are expected to vote early, which has been the trend for Texas elections since 2008.

Whether this year’s midterm will have record turnouts remained to be seen. Elections officials in the largest counties outside of Harris County said turnout appeared to be slightly lower on the first day of early voting, compared to the 2020 and 2018 elections.

Here’s the story about voter registration totals, which I’ll get into separately. You’re here for the daily EV totals, and I aim to please:


Year     Mail    Early    Total
===============================
2014   41,520   20,215   61,735
2018   52,413   63,188  115,601
2022   21,779   60,834   82,613

I’m just focusing on midterm elections this time. The third week of early voting in 2020 makes any comparisons there hard to do. Final EV totals from 2018 are here and from 2014 are here. The Day One totals for 2022 are here.

Two things to note. One is that the mail ballots are way down, not just from 2018 but also from 2014. I saw some speculation about this on Twitter, as statewide mail ballots are also way down, that it’s mostly Republicans giving up on voting by mail due to the constant brainwashing about it by their lord and master The Former Guy. We can’t be sure about that, but it’s a reasonable hypothesis. We’ll know for sure when the votes get tallied. I’d guess that some number of other mail voters have also decided just to vote in person and not mess with that hassle now.

Two, the in person total for today is pretty close to what we had in 2018. Remember how much we freaked out about the turnout that year? I suspect in the end we’ll be pretty close, and may very well surpass it. Remember, we have a lot more voters now, so for a similar percentage of turnout the absolute total will be higher, and I also think we may have more Election Day voting, with probably more Republicans waiting till then. I’ll feel better about making pronouncements after a few days of actual voting.

I will try to post these daily, but may fall a day behind depending on how busy my evenings are. For now, this is where it is. Have you voted yet?

State and county election result relationships, part 3: Other county races

Part One
Part Two

Last time we looked at judicial races, which for all of the complaints about not knowing the candidates and just going by partisan labels have produced a consistent range of outcomes over the years. Some people are picking and choosing among judicial candidates – it’s not a huge number, and there doesn’t appear to be any rhyme or reason to it, but it’s happening. With candidates for county offices, especially higher profile ones like County Judge, District Attorney, and Sheriff, there’s even more of a range of outcomes, as these candidates are better known and the reasons for crossing over are clearer. Let’s get to the data.


2006          2008          2010          2012	
CJ      N/A   DA    49.79   CJ    39.40   DA    47.66
DC    46.09   CJ    46.85   DC    46.15   CA    51.48
CC    44.69   CA    51.39   CC    44.58   Sh    52.95
CT    48.34   DC    51.06   TA    45.27   TA    48.73
HCDE  48.63   TA    46.18   CT    43.01   HCDE  51.34
              Sh    56.28							
              HCDE  52.51								
              HCDE  52.58								

2014          2016          2018          2020	
DA    46.78   DA    54.22   CJ    49.78   DA    53.89
CJ      N/A   CA    53.72   DC    55.09   CA    54.66
DC    44.82   Sh    52.84   CC    54.60   Sh    57.46
CC    45.71   TA    50.31   CT    54.21   TA    53.07
CT    44.95	            HCDE  56.71   CC    53.76
HCDE  46.85                               HCDE  55.64
HCDE  46.79                               HCDE  54.65

Abbreviations:

CJ = County Judge
DC = District Clerk
CC = County Clerk
CT = County Treasurer
DA = District Attorney
CA = County Attorney
TA = Tax Assessor
Sh = Sheriff
HCDE = At Large HCDE Trustee

Note that in some years, like 2008 for County Judge, 2010 for Tax Assessor, and 2014 for District Attorney, there were special elections due to the death or resignation of a previously-elected official. There are three At Large HCDE Trustees, they all serve 6-year terms, and in a given election there may be zero, one, or two of them on the ballot. All of the numbers are the percentages achieved by the Democratic candidate for that office. In 2006 and 2014, there was no Democrat running for County Judge.

The first thing to note is that in all but two years, the Dem disaster year of 2014 and the Dem sweep year of 2020, the range of outcomes was at least four points. In four of the eight years, the range was at least five points. Beverly Kaufmann was a trusted long-serving name brand in 2006, the last year she ran for re-election. Adrian Garcia destroyed scandal-plagued incumbent Sheriff Tommy Thomas in 2008, while Ed Emmett rode his performance during Hurricane Ike to a chart-topping Republican vote total. (There was a Libertarian candidate in the Tax Assessor race that year, so the percentages for Paul Bettencourt and Diane Trautman were lower than they would have been otherwise.) Emmett continued to overperform in subsequent years, though it wasn’t quite enough for him in the 2018 blue landslide. The late Mike Anderson got to run against the idiot Lloyd Oliver in the 2012 DA race; four years later Kim Ogg won in a second try against Devon Anderson after her office imploded. Candidates and circumstances do matter in these races in a way that they don’t quite do in judicial races.

I find it fascinating that the At Large HCDE Trustees are consistent top performers for Dems, year in and year out. Note that this remained the case in 2020, following the abolition of straight ticket voting. The Republicans have run some lousy candidates in those races – their precinct HCDE trustee candidates have generally been stronger – but I doubt that accounts for too much. Honestly, I’d probably chalk that up to the Democratic brand, especially given that it says “Education” right there in the position’s name.

Minus the outliers, and I will have one more post in this series to take a closer look at them, the ranges for the county executive office candidates are basically in line with those of the judicial candidates, and as such are usually ahead of the statewides. As with the judicial candidates, there were mixed results in the close years of 2008 and 2012, and sweeps one way or the other otherwise. While the potential is there for an exceptional result – which in the context of statewide candidates still carrying Harris County means “a Democrat unexpectedly losing” – the conditions to avoid that are clear. If Beto is getting to 54% or better, I’ll be surprised if it’s not another Dem sweep.

State and county election result relationships, part 2: Judicial races

In Part One of this series, we looked at the relationship between statewide results and Harris County results for statewide candidates. In the last three elections, statewide Democratic candidates have done on average more than nine points better in Harris County than they did overall. In the next two posts, we’re going to look at the county candidates, to see how those results compare to the statewides and what if anything we can infer about this year.

Two things should be noted up front, one of which I touched on in the previous post. First, nearly all of the statewide races have at least one third party candidate in them, and in those races the third party candidate(s) can take three to five percent of the total vote. That has the effect of lowering the percentages of both D and R candidates in those races. County candidates, on the other hand, rarely face a third or fourth contestant. In county judicial races, third party candidates are unheard of. Because of this, county Democratic candidates tend to do better than statewide Democratic candidates.

It is also the case, as noted before, that there have been a lot of, shall we say, less than compelling statewide Democratic candidates. They lack money and name recognition and that in turn helps contribute to the vote totals that the third party contenders get, where that effect tends to be greater in the lower-profile races. Harris County candidates aren’t always the highest profile, but I believe the local organizing efforts have helped them outperform the less well-known statewide candidates. All of this comes wrapped in the usual “in general, with some exceptions, some years are different than others” qualifiers. I’m just setting the table.

With all that, I will present the numbers for judicial races. I’m starting this time in 2006 – like I said, the 2002 election is just not relevant to anything anymore, and the 2004 election was marked with a large number of uncontested races.


2006          2008          2010          2012
Havg  42.90   Havg  50.62   Havg  43.46   Havg  48.59
Jmin  46.90   Jmin  48.58   Jmin  42.57   Jmin  48.19
Jmax  50.12   Jmax  52.48   Jmax  45.70   Jmax  51.38
Drop   1.09   Drop   2.93   Drop   7.66   Drop   1.20

2014          2016          2018          2020
Havg  44.76   Havg  49.80   Havg  55.25   Havg  53.83
Jmin  43.64   Jmin  50.93   Jmin  53.83   Jmin  52.56
Jmax  47.16   Jmax  54.11   Jmax  57.16   Jmax  55.51
Drop   3.44   Drop   3.02   Drop   4.15   Drop   3.40

“Havg” is the average percentage by Democratic statewide candidates for that year – you can go back and look at the first post for the list, I didn’t want to overwhelm this post with numbers. “Jmin” and “Jmax” are the lowest and highest percentages achieved by non-statewide Democratic judicial candidates that year. In other words, for the county, district, and appellate (1st and 14th Circuit) courts. “Drop” is the difference between the highest scoring statewide candidate and the lowest scoring local judicial candidate.

I have used average vote totals among judicial candidates in years past as a simple measure of partisanship in the county. I’m using percentages here because I want a quick visual representation of winning and losing. I am using the range here rather than an average because I want to figure out at what level of statewide performance am I comfortable saying that all local countywide Dems are likely to win, and at what level do I think some, most, or all may lose. I think this conveys the information I wanted to get across in a fairly straightforward manner.

The first thing to notice is that consistently there is a three to four point range between the top-performing Democratic judicial candidate and the low performer. I’ve studied this for years and have no idea why. I can’t see any obvious correlation to candidates’ gender, race, position on the ballot, endorsements, anything. It’s just random, as far as I can tell. The point is, there is a range. Conditions need to be such that the top candidates are at 54% or higher for the bottom ones to win. Maybe 53% is enough – you will note that the range was tighter in 2020 than in previous years, and it’s a hair less than three percentage points. But really, for me to feel comfortable, I’d want the toppers at 54%.

You may also notice, as I mentioned above, that the local judicial candidates tend to outperform the statewide candidates. 2016 is a stark example of this, as more than half of the statewides finished below fifty percent, though all of them ended up carrying the county. Yet all of the judicial candidates won easily, with the low judicial performer outdoing all of the statewides except Hillary Clinton. In 2018, a much stronger year for Dems, the bottom scorer among judicial candidates still did better than the Dem candidates for Governor, Comptroller, Land Commissioner, and Railroad Commissioner. Nearly all judicial Democrats won in 2008, while more than half of them won in the weaker year of 2012. My expectation is that even in a mediocre year like 2012, at least some Dems would make it across the finish line. It would take a bad year to sink them all. I just don’t see that happening.

You might look at the 2010 numbers, and maybe even the 2018 numbers, and worry that if the top of the ticket is defined by a real outlier, the gap between that candidate and the bottom rung of the judicial ladder could be too far apart. I absolutely do not expect a “Bill White in 2010” scenario, where someone gets at least six points more than any other statewide Dem. Beto in 2018 was barely one point ahead of Justin Nelson, and less than two points ahead of four other candidates. Two judicial candidates came even closer to Beto’s performance than Nelson did. It’s my opinion that if there’s a significant gap between the top and bottom of the statewide ticket, it’s because the one(s) at the bottom tanked, not because the top dog was so dominant. Bill White was a unicorn. The closest analog to him is Adrian Garcia in 2008, and he was running against a thoroughly scandal-plagued incumbent.

How much of an effect is there with the lack of straight ticket voting? It’s a little hard to say since we just have the one election to analyze, but my view in 2020 was that a lot of people did a fine job of voting all the way down the ballot. I expect that to be largely true this year as well. When the numbers are in, I’ll look at them and see if there’s a reason to change my mind.

To me, the main concern is that the statewide Dems will not do as well as the current polling suggests they might. We need the base level to be sufficiently high, that’s pretty much the ballgame. There is also a range in the county executive office elections, and there have been a couple of outliers over the years – I’ll be examining those phenomena in future posts – and every year is different. My bottom line remains that if the baseline at the state candidate level is 53-54% for Harris County, it will be another sweep year. I think the statewides will perform more like the locals this year, as they are overall better and better-funded than most other years. If we get a decent poll of Harris County, I’ll review and if needed revise my thinking. Until then, this is where I am.

State and county election result relationships, part 1: How Harris compares

I’ve been thinking a lot lately about the relationship between how statewide Democratic candidates do in Harris County versus how they do overall, and what that might tell us about the state of play in Harris County. Since I started blogging in 2002, Harris has gone from all red to a bluish purple or still red depending on what year it was to all blue. I get the sense a lot of folks don’t know how to contextualize this. The trends are clear, but we’ve only had three actual all-blue elections, and only one of them was in a non-Presidential year. We’ve had precious little polling in Harris County, none of which I’d consider useful or reliable. So if all we have is statewide polling, what if anything can that tell us?

In this post, I’m going to go through the numbers at the statewide and Harris County level and see what that can tell us. Let’s begin with the first three elections since I began blogging.


2002                   2004                   2006
State  Harris   Diff   State  Harris   Diff   State  Harris   Diff
43.33   45.99   2.66   38.22   44.56   6.34   36.04   41.26   5.22
39.96   43.22   3.26   40.94   44.56   3.62   29.79   34.46   4.67
46.03   46.92   0.89   40.77   45.56   4.79   37.45   41.69   4.24
41.08   43.06   1.98   42.14   46.73   4.59   37.23   40.69   3.46
32.92   36.32   3.40                          37.01   41.85   4.84
41.48   43.02   1.54                          40.96   44.13   3.17
37.82   41.59   3.77                          41.79   45.14   3.35
41.49   42.38   0.89                          41.73   44.81   3.08
40.51   43.39   2.88                          44.89   47.99   3.10
41.54   44.42   2.88                          43.35   47.02   3.67
41.89   44.05   2.16								
43.24   45.48   2.24								
45.90   50.14   4.24								
39.15   42.61   3.46								
42.61   45.14   2.53								
40.01   43.32   3.31								
										
Min   0.89             Min   3.62             Min   3.08
Max   4.24             Max   6.34             Max   5.22
Avg   2.63             Avg   4.84             Avg   3.88

The first number for each year represents the statewide percentage for each Democratic candidate. The numbers are in the order that the candidates appear on the ballot, so for a Presidential year you get President, then Senate if there was a Senate race (there was not in 2004), then Railroad Commissioner because there’s always an RRC race, then the Supreme Court and Court of Criminal Appeals races. I only reported the races that included a Democratic candidate, so this will vary from year to year. For non-Presidential years it will be Senate if there is such a race (there were in 2002 and 2006), then Governor and the state executive offices, and SCOTx and the CCA. Again, only the races with Dems so there will be variation.

The second column is the Harris County percentage for that candidate, and the third column is the difference between the two. So, for 2002, that first row is Ron Kirk’s statewide and Harris County percentages, and the fact that he did 2.66 points better in Harris. In 2004, that first row is for John Kerry, and in 2006 it’s for Barbara Radnofsky, with the second row being Chris Bell in that weird four-way gubernatorial race.

With me so far? The section at the bottom is a simple summary. It shows the minimum, maximum, and average differences between the statewide and Harris County percentages. In all cases, the Dem candidate did better in Harris than overall, though in 2002 that wasn’t very much. For Lt. Gov. candidate John Sharp and RRC candidate Sherry Boyles, it was less than a point. (If you’re wondering who it was that carried Harris County in 2002, it was CCA candidate Margaret Mirabal.) It begins to grow in 2004 but takes a step back in 2006, and in either case still isn’t very much.

I almost didn’t go all the way back to 2002 because that election was so wildly different from this one it’s like visiting another planet to look at its results. In the end I think it was useful to include all of these elections to show what conditions used to be like. If nothing else, these three years provide a nice bit of contrast to the next four election years.


2008                   2010                   2012                   2014
State  Harris   Diff   State  Harris   Diff   State  Harris   Diff   State  Harris   Diff
43.68   50.45   6.77   42.30   50.23   7.93   41.38   49.39   8.01   34.36   42.10   7.74
42.84   50.71   7.87   34.83   42.13   7.30   40.62   48.03   7.41   38.90   47.08   8.18
44.35   50.02   5.67   33.66   41.00   7.34   39.60   46.89   7.29   38.71   46.85   8.14
43.79   49.14   5.35   35.29   42.32   7.03   41.91   49.21   7.30   38.02   45.82   7.80
45.88   51.34   5.46   35.80   42.86   7.06   41.24   49.41   8.17   37.69   45.80   8.11
44.63   51.51   6.88   36.24   43.59   7.35                          35.32   43.75   8.43
45.53   51.29   5.76   37.26   43.67   6.41                          36.84   43.71   6.87
43.75   50.50   6.75   37.00   44.10   7.10                          37.25   44.16   6.91
                       35.62   41.73   6.11                          36.49   43.64   7.15
                       36.62   42.99   6.37                          37.60   45.54   7.94
                                                                     36.54   43.92   7.38
														
														
Min   5.35             Min   6.11             Min   7.29             Min   6.87
Max   7.87             Max   7.93             Max   8.17             Max   8.43
Avg   6.31             Avg   7.00             Avg   7.64             Avg   7.70

Same setup as before, but you can already see how things are different. For one thing, obviously, we now have Democrats winning Harris County. That was true at the county candidate level as well – we’ll look more closely at that in the future. I believe we have this step up in part because Democrats finally began to get their act together organizationally in 2008. It was a big election nationally of course, with a ton of Democratic activist energy, but that had been the case elsewhere in 2006 as well. It just didn’t translate here, and I would chalk that up to the amount of organization at the county level.

I have long believed that if we had had better organizing in 2006, Dems could have won a couple of judicial races at least. We had one candidate crack 49%; it wouldn’t have taken much. Indeed, Jim Sharp got 50.12% in Harris County in 2006 in his race for an appellate court seat, but as that covered multiple counties he fell short that year. (He went on to win in 2008.) Instead, we got the narrative of Dallas County Dems breaking through and sweeping in 2006, setting up the notion that 2008 would be Harris’ year. Maybe that had a positive effect on the engagement level, I don’t know. I do know that it didn’t have to be so all-or-nothing.

Note that while 2008 was a high point for Dems in this grouping, the boost to candidates in Harris County continued to grow. Even with the disasters of 2010 and 2014 and the slight step-back in 2012, Dems kept performing better in Harris County compared to the state as a whole. Again, I credit better organizing locally and the fact that Harris County was becoming more Democratic relative to the state. The point here is that this gap hasn’t shrunk in bad years for Dems. The trend has been in one direction.

That trend continued through the next two elections before a minor reversal in 2020:


2016                   2018                   2020
State  Harris   Diff   State  Harris   Diff   State  Harris   Diff
43.24   53.95  10.71   48.33   57.98   9.65   46.48   55.96   9.48
38.38   47.35   8.97   42.51   52.11   9.60   43.87   52.90   9.03
38.53   47.96   9.43   46.49   56.07   9.58   43.56   52.90   9.34
41.18   50.78   9.60   47.01   56.90   9.89   44.49   53.16   8.67
39.36   48.28   8.92   43.39   52.74   9.35   44.08   53.49   9.41
40.05   49.86   9.81   43.19   53.71  10.52   44.76   53.76   9.00
40.20   49.53   9.33   46.41   56.68  10.27   44.35   52.97   8.62
40.89   50.72   9.83   43.91   53.25   9.34   45.18   54.45   9.27
                       46.83   56.68   9.85   44.70   54.72  10.02
                       46.29   56.48  10.19   45.47   54.00   8.53
                       46.29   55.18   8.89				
                       45.48   55.62  10.14				
                       45.85   54.90   9.05				
										
										
Min   8.92             Min   8.89             Min   8.53
Max  10.71             Max  10.52             Max  10.02
Avg   9.58	       Avg   9.72             Avg   9.14

Despite several candidates failing to reach fifty percent in 2016, every statewide Dem carried Harris County; there were third party candidates getting about five percent in the judicial races and almost ten points in the RRC race between Wayne Christian and Grady Yarbrough, which accounts for the difference. We’ll get into this later, but it was pretty common for local Dems to outperform statewide Dems in many of these years. I chalk that up to a combination of weak statewide Dems and that strong local organizing along with some pretty good county candidates.

The main takeaway from this is that even statewide candidates with pretty poor overall showings were able to win Harris County by fairly comfortable margins. Look at Lupe Valdez in 2018, the second candidate listed, for a prime example. Valdez got 42.51% statewide in 2018, the lowest showing among Dems, but finished with 52.11% in Harris County. This is the context I think about when I look at statewide polling. If Beto O’Rourke finishes with 44 or 45% statewide, he’s probably going to get 53 or 54 percent in Harris County. A 44-45% finish for Beto statewide implies that he lost by 9-11 points, whereas nearly all of the polls we have seen have had him down between six and eight points.

The flip side is also of interest. There was a poll of Harris County released a few days back by a wingnut former legislator that claimed Lina Hidalgo was losing by four points while Beto was carrying Harris County by only two points. For Beto to be winning Harris by two points – in other words, for him to be getting at most 51% in Harris County – means he’s losing statewide by at least 15 points – 57-42 is the number I’ve had in mind. To say the least, there is no polling evidence to support that.

Now, could the polls be wrong? Could Beto crater? Could this advantage Dems have had in Harris County decline further? Sure, any or all of those things could happen. We saw it decline a bit in 2020. I give some of the credit to that for better Republican organizing, though the loss of straight ticket voting and just the general conditions for 2020 could also be factors. It’s impossible to say if that’s a one-off or the start of a new trend based on the one data point. It would have to be a big step back for it to make me adjust my expectations. At this time, at least, I don’t feel the need to do that. Those things could happen, but that doesn’t mean they’re likely to do so.

So this is where I am, mentally and emotionally right now. I had the chance to talk about this thesis with some folks over the weekend, and none of them looked at me like I was crazy. (They may have just been polite.) I’ve got some more data to present in the next couple of days, and we can see how we all feel at the end of that. But this is where I am. What do you think?

There are many variables affecting what might happen with abortion law in Texas

Another way to put this: What can Beto do as Governor with a Republican legislature to make abortion laws less bad in Texas?

Toward the end of a virtual campaign event last month, one of Beto O’Rourke’s supporters asked how he would fulfill a key pledge: overturning the Texas ban on abortion.

The Legislature is virtually certain to remain under Republican control next year, leaving O’Rourke with no clear path to restore abortion access if he were to defeat Gov. Greg Abbott in November. But the Democratic nominee insisted he could bring lawmakers around.

“The shockwaves that it will send through this state to have a proudly, boldly pro-choice Democrat win for the first time in 32 years … will give us the political capital, the leverage we need to make sure that we can restore protections for every single woman in Texas to make her own decisions about her own body,” O’Rourke said.

He would also use “the power of the governor’s veto to stop bad ideas that are coming down the pike already,” he said.

But the proposals that most animate O’Rourke’s base — abortion rights, gun restrictions, expanded voting access — would likely face stiff resistance from Republican lawmakers, many of whom will return to Austin with no desire to rescind laws they passed as recently as last year.

Under those conditions, O’Rourke’s ability to enact core parts of his agenda would require a near-impossible level of legislative savvy, and unsparing use of the governor’s limited tools to influence the lawmaking process, such as vetoing bills and budget line items, veterans of Texas politics say.

[…]

On paper, Texas governors have limited power to shape public policy, with no cabinet and less control over state agencies than most of their counterparts around the country.

In recent years, though, Abbott and his predecessor, Rick Perry, have expanded their sway through sheer longevity — each staying in office long enough to stock boards and commissions with allies. Abbott has also used disaster orders to bypass the Legislature and steer policy on border security, the state’s COVID response, Texas National Guard deployments, and more.

Governors can also influence how laws are interpreted and enforced, through their appointments to state boards and commissions and directives to state agencies via executive order.

But governors cannot fire even their own appointees, let alone those of former governors, meaning O’Rourke would be stuck with thousands of Abbott appointees until their terms expire.

He could appoint their replacements between legislative sessions without immediate oversight, though each appointee would eventually require approval from the Republican-majority Senate once the Legislature is in session.

O’Rourke’s most potent tool to influence the lawmaking process would likely be his power to veto laws and spending he opposes, which governors have historically wielded as a powerful bargaining chip. O’Rourke said he would use that power, if necessary, to nix policies like private school vouchers, which Abbott has supported.

“Being able to stop that is incredibly important,” O’Rourke said. “But it also affords the governor leverage, in a broader sense, to bring people to the table and to make sure that we find that common ground, we get to that consensus, and we make some progress.”

The veto argument is one I was making about Wendy Davis back in 2014, before some of the worst anti-abortion legislation was passed. It’s still salient today, though the context is now very different. At the very least, it would be a hard stop against the vengeance fantasies of sociopaths like Briscoe Cain.

I think we can safely put aside any ideas about Beto reaching across the aisle for bipartisan compromise legislation on almost anything. Not that he wouldn’t sincerely try, and he could lead with things that under other circumstances might have genuine bipartisan appeal, like improving broadband access or drought mitigation. I just don’t believe that Republicans will move an inch even on things they have championed in the past to give him a legislative victory – their primary voters will not stand for it. I’d love to be too cynical about this, but it’s very much a prove-me-wrong situation. There may be some opportunities in the budget, where he will have line item veto power and where a lot of sausage making goes on behind closed doors, but don’t look for anything bigger than that. At least one chamber will need to be Democratic-majority before anything like that could realistically happen.

The use of executive power is an interesting possibility, and one where recent history is of much better use than past history. Abbott and Perry have absolutely pushed the bounds on what a Texas Governor can do, though to be fair they have had a docile and largely submissive legislature and a mostly compliant Supreme Court abetting them, neither of which Beto would have. All of the contradictions and hypocrisies that will result when those institutions suddenly decide that maybe there should be some limits on executive power won’t mean much given how little that kind of thing engages the public. All that said, Beto should look for every opportunity to push the envelope. He has little to lose by doing so.

Now, to complicate my earlier assertions about bipartisan legislation and compromise, we do have one slim possible avenue for such a thing.

Republican state Sen. Robert Nichols of Jacksonville said Friday that he’d support a change to Texas’ abortion laws to allow victims of rape to legally obtain the procedure.

“If I get a chance to vote for an exception to rape, I will vote yes,” the East Texas senator said during a panel of Republican lawmakers at the 2022 Texas Tribune Festival. “I think instead of us telling women what to do, we should show our support for women of this state.”

Nichols is one of the first anti-abortion lawmakers to say he would support loosening the abortion laws when lawmakers meet in January.

[…]

Texas is competing against private companies who are willing to bus their employees out of state for “pregnancy care,” said Nichols. “And what are we doing?”

At the least, Nichols said, the state should provide a minimum of four weeks of paid maternity leave for state employees.

Nichols self-identifies as “pro-life” and has voted in favor of the state’s abortion laws, including the “fetal heartbeat” law that went into effect last September. The law prohibited most abortions after an ultrasound could detect cardiac activity in a embryo, about six weeks into a pregnancy. Nichols’ office did not immediately respond to questions about whether the senator would support any other exceptions to the abortion law, such as for incest.

I would point out that as an actual Senator, Nichols could author such a bill himself and perhaps even try to persuade his fellow Republicans to vote for it, including in the House, rather than wait for such a bill to magically appear before him. Crazy talk, I know, but it’s what I do. The question here, as above, is whether Nichols would still support such a bill even if it would then be sent to Governor O’Rourke for a signature, or whether that would be out of bounds as per the same politics I discussed above. My guess is the latter is more likely, but we’ll see. For what it’s worth, signing a bill that merely allowed for a rape exception to the current ban, without at least clarifying the “life and health of the mother” exception that is causing so much chaos and mayhem in the hospitals now would not be a clear win for Beto in my estimation. I believe it would garner at best grudging support from reproductive rights advocates, even if it was clearly the best we could get under the circumstances, just because it’s so incremental and would give some form of approval to that strict a legal regime. I could be wrong about that, I’m just saying that this stuff is more complicated than it looks and there are way too many variables to support making any kind of prediction. We’ll know a bit more after the election, but for now almost anything could happen. We need to do what we can to put ourselves in the best possible position to affect the outcome.

Voter registration update

However you look at it, we have a lot of registered voters now.

Still the only voter ID anyone should need

With three weeks before the Oct. 11 deadline for the November elections, nearly 80% of the state’s voting age population is registered to vote, putting the number of people eligible to cast ballots to more than 17.5 million and counting, according to the Austin American-Statesman. 

Records maintained by the Texas Secretary of State’s Office, show that the new-registration numbers are higher than they were during the midterm cycles of 2014 and 2018, however, the percentage of people of voting age registered has increased only marginally.

This means the addition of new voters is offset by the number of people who have left the registration rolls. Democrats believe the sudden surge of new voter registration is largely due to the Supreme Court’s decision in June to overturn Roe v. Wade’s landmark abortion ruling.

“It’s not just that younger voters are surging in TX since Dobbs,” tweeted Tom Bonier, CEO of the firm, TargetSmart, in reference to the high court’s Dobbs v. Jackson Women’s Health Organization ruling. “It’s clear that those younger voters who are registering now (men and women) are far more Democratic.”

Apart from being motivated by the loss of abortion rights, new voters might have been inspired by the inaction of Texas Republican leaders on gun safety issues in the wake of the May 24 massacre at Robb Elementary School in Uvalde.

On the other hand, Republicans are skeptical about that conclusion. Derek Ryan, a Texas Republican researcher, and consultant, examined data from the three most recent midterm cycles and said the demographic characteristics of new registrants are remarkably consistent, as reported by Austin American-Statesman.

We’ve discussed the voter registration figures and the reasons to maintain some perspective before. I will say that if we get the same turnout percentage in 2022 that we got in 2018, we’ll get about 9.3 million voters in this election, or about 900K more than we got four years ago. That’s also almost exactly double what we got in 2014, when registration was considerably lower and the turnout percentage was almost comically small. The last couple of elections have shown that higher turnout elections are not inherently favorable to one party or the other, but I would still claim that low turnout elections are generally bad for Democrats, at least in Texas.

What do we expect from CD23?

It was the perennial razor-close high-dollar swing district all last decade. Will Hurd won it three times, but never reached 50% in any of the three elections. It moved a few points towards the GOP in 2020 when Tony Gonzales won it, and redistricting made it a bit redder still, but it remains the closest Republican-held seat and may never fade as a perennial battleground. But that may depend on this year, when Gonzalez will have an easier time of it at least financially. I don’t know yet what I expect from that race.

Gonzales remains the favorite for a second term — given the new political makeup of the district and his stark financial advantage — but he said he is taking the race “extremely seriously” and treating it like he was still running under the famously competitive boundaries that were in effect before redistricting.

“The [elected officials] that don’t have to fight, that are just there as long as they want it — they’re like declawed indoor cats that get fancy meals when the bell rings out,” Gonzales said in an interview. “I think Texas [District] 23 — you’re like an alleycat that has to scrape and claw and fight for everything, and I think that just makes you just different. Like, you’re fighting for your life.”

This cycle, Gonzales said, he wants to “run up the score” and “take this seat off the table completely.”

A former Navy cryptologist, Gonzales won the seat in 2020 by 4 percentage points, a wide margin by the razor-thin standards of the 23rd District. He was the successor backed by U.S. Rep. Will Hurd, R-Helotes, a moderate who had built his own reputation for breaking with his party, perhaps most notably opposing former President Donald Trump’s push for a border wall.

Trump carried the 23rd District by 2 points in 2020. But redistricting morphed it into a district that Trump would have won by 7 points, and in March, the Democratic Congressional Campaign Committee officially removed the seat from its list of targeted races.

[Democratic candidate John] Lira argued redistricting “didn’t do Gonzales that many favors,” noting the Cook Political Report, an election forecaster, only increased the Republican advantage of the district by 3 percentage points. And he said he is encouraged by the cracks in Gonzales’ Republican support, the political fallout from the Uvalde shooting and the strength of Beto O’Rourke’s gubernatorial campaign at the top of the ticket.

As for the case against Gonzales, Lira said, “he’s got Will Hurd’s playbook in his back pocket and he’s trying to see how he can play both sides.”

While national attention has faded from the race, Lira recently got the backing of O’Rourke, who rarely issues formal down-ballot endorsements. Lira also has the support of the political arm of the Congressional Hispanic Caucus, which endorsed him after the district was redrawn.

[…]

“I do think the district is going to be a little more competitive than most people anticipated — now how competitive, I don’t know,” said Jeff McManus, chair of the Bexar County GOP. “We sort of have a three-way race going,” with the independent challenger from the right.

McManus said he wishes Gonzales “were a stronger conservative.” The two were on opposite sides of the county party chair election in May, when Gonzales backed the incumbent, John Austin, that McManus defeated.

The independent candidate is Frank Lopez Jr., a former U.S. Border Patrol agent who had to give up his position as chair of the Val Verde County GOP to run. He and Gonzales are very familiar with one another: Lopez was the campaign manager for Raul Reyes, Gonzales’ bitter rival in the 2020 Republican primary runoff for the 23rd District.

Lopez said he ran as an independent, not in the GOP primary, after seeing “the way Raul lost” at the hands of the party’s establishment, which had coalesced behind Gonzales.

“Texans are tired of these dangerous Democrat policies,” Lopez said in an interview, “but they’re also tired of the pandering and games from the RINOs, establishment and globalists in the Republican Party. I had to give Texans a true choice.”

Lopez added that he sees a “perfect storm” for his candidacy, citing the recent intraparty blowback Gonzales has faced and Democrats he meets who say they are looking for a new political home.

Gonzales jokingly asked “Who?” when asked about Lopez in an interview. More seriously, he said the 23rd District has always had a third candidate in November who gets 3% to 5% of the vote and that he expected Lopez would be no different. Still, he said he is not taking Lopez for granted and that it “helps me stay sharp.”

Most of the rest of the story is about Gonzales’ votes in favor of the Cornyn gun control bill and the House bill to protect same-sex marriage, both of which has drawn him some criticism and two censure votes from aggrieved county GOPs (a third, in Bexar County, failed to pass). Good for him and all, but that’s not what I’m here to talk about. I’m here for the numbers.

For what it’s worth, Trump carried CD23 by seven points in 2020. The next two closest districts are both Dem-held (CD15, Trump +3; CD28, Biden +7), and after that it’s all double digits, with CDs 24 (Trump +12), 03 (Trump +14), 22 (Trump +16), 26 (Trump +18), and 38 (Trump +18) next in line. The main difference between CD23 and these other districts is that the latter all moved strongly towards Dems since 2012, with Mitt Romney carrying them by 38 to 44 points. It would not shock me if Beto does about as well in CDs 03 and 24 as he does in CD23. I don’t think Gonzales is going to achieve his goal of taking CD23 off the table, but I could easily see him winning by 10-12 points and discouraging any serious competition in the near term future. I could also see him winning by about the seven points that Trump won it by and remaining in the same position. He has some big advantages, but this is officially a Very Weird Year, and I’m not making any predictions about it. Long term I think this district remains on the radar, but maybe not at the front of the pack. We’ll see.

The independents

Recently I got an email from a gentleman named Ted Wood, who wrote to inform me that he had successfully completed the requirements to be an independent candidate for Chief Justice of the First Court of Appeals on the November 2022 ballot. The basic requirements to be an independent candidate for non-statewide office are filing a declaration of intent to run as an indy – this is to be done at the filing deadline – and then collecting 500 signatures from people who didn’t vote in the primaries.

Wood told me his candidacy is the first Independent run for an appellate bench in Texas since 1996. I hadn’t checked that at the time he told me, but I believed it. In my experience, most of the independent candidates run for Congress or the Legislature. I’ll get to some past numbers in a minute, but did you know that there’s no public listing of independent candidates for the 2022 election right now? Obviously there will be one in about a month when the ballots are finalized and printed to be sent to overseas voters, but if you want to know right now who besides Ted Wood is an independent candidate running for state or federal office in Texas, you have to make a Public Information Act request to the Secretary of State. Seems crazy to me, but here we are.

Anyway, Wood did this and shared the list with me, which you can see here. It’s six candidates for Congress, two for the State House, and him. Two of the Congressional candidates are repeat customers – Vince Duncan has been an indy for Cd18 in 2020, 2018, and 2014, while Chris Royal ran as an indy for CD34 in 2020. The current cycle and the last two have been relatively busy ones for independent candidates for Congress – six this year, seven in 2020 and 2018, though in 2018 there were two in CD09, so indy candidates were only in six races – but for whatever the reason it wasn’t like that at all before 2018. I found no independent candidates for Congress in 2016, two in 2014, and one in 2012. I have no explanation for that – if you have one, let me know. I found one independent candidate for State House in each of 2014, 2016, and 2018; I didn’t search 2020 because the new format on the SOS website is a pain in the ass for that sort of thing. I found no independent candidates for any other offices since 2012, which was as far back as I checked for state elections.

Wood also inquired with Harris County about any independent candidates running for county offices. He was informed by Judge Lina Hidalgo’s office that there were no independent candidates for county office on the ballot in Harris County in 2022. This didn’t surprise me, as I couldn’t think of any recent examples of such a candidacy offhand. I went back through Harris County election results all the way to 1996, and found two non-legislative indies in that time. One was a candidate for the 245th Civil District Court in 2002, an Angelina Goodman, who got 3.69% of the vote. That’s not a county office, though – it’s a state office. I finally found a genuine indy for a county office in 1996. In the race that year for Constable in Precinct 7, a fellow named Andy Williams was the sole opponent to Democrat A. B. Chambers, and he got 6.39% of the vote. You learn something new every day.

Anyway. Wood as noted is running for Chief Justice of the First Court of Appeals, a seat that is being vacated by Sherry Radack. Democrat Julie Countiss, who is currently a Justice on this court but for another bench (she can run for Chief Justice without giving up her current seat), and Republican Terry Adams, who had been appointed to the First Court for Place 5 in 2020 then lost to Amparo Guerra that November, are his opponents. He’s working now in the Harris County Public Defender’s office. Before that, he worked for the General Counsel at the Texas Office of Court Administration (OCA) in Austin, and served two terms as County Judge in Randall County. As a Democratic precinct chair I am supporting Julie Countiss, who is also someone I know in real life and who I voted for the First Court in 2018. But I enjoyed having the chance to talk to Ted Wood, and I definitely appreciate the opportunity to get a nerdy blog post out of it. Hope you enjoyed this little excursion into electoral miscellania as well.

Jordan and Dolcefino

I have questions about this.

Judge Darrell Jordan

Darrell William Jordan, a Harris County misdemeanor court judge, on Monday was arrested and charged with of official oppression, according to court records.

Jordan is accused of using his office to unlawfully arrest and detain Wayne Dolcefino, a private media consultant and former TV journalist.

The charge stems from an incident on June 30, 2020, when Dolcefino was jailed in contempt of court by Jordan during a hearing in Harris County Court at Law No. 16.

Jordan accused Dolcefino of attempting to interrupt proceedings in the court by demanding to interview the judge. He jailed Dolcefino after giving him repeated warnings, according to court documents.

Dolcefino was found guilty and sentenced to three days in Harris County Jail, six months of probation and a $500 fine.

Monday’s indictment accuses Jordan of wrongfully holding Dolcefino in contempt or subjecting him to summary punishment and jail without a hearing.

In a 2020 video posted on the Dolcefino Consulting Facebook page after his arrest, Dolcefino revealed that he was wearing a hidden camera during the hearing.

The video shows Dolcefino attempting to ask Jordan about public corruption complaints and public records requests he made about multiple Houston and Harris County officials. In the video, Jordan, who was holding court hearings over Zoom, told Dolcefino that he couldn’t ask questions, told him to sit down and warned him to stop interrupting proceedings.

Court records indicate that the grand jury declined to hand down felony charges related to tampering with records and retaliation.

Jordan was arrested, formally charged and released on Monday evening, he said during a short phone interview with the Houston Chronicle. He directed other questions to his attorney.

Marc Carter, Jordan’s attorney, said the case was filed with Harris County DA’s Office, who recused themselves and asked Fort Bend County District Attorney Brian Middleton to investigate the allegation.

“Judge Jordan is absolutely innocent of any wrongdoing and looks forward to his day in court,” Carter said in a statement released on Monday.

“Contempt is a power given to judges so they can maintain decorum and control court proceedings. Without it the courtroom would be chaos. Litigants, officers of the court, and jurors want judges to be able to control proceedings and when necessary exercise their contempt power.

“This prosecution, if District Attorney Brian Middleton goes forward with it, will have an absurd result and a chilling affect on a judge’s ability to maintain order in their courts. It’s absurd to think anyone can walk into a court, disrupt the proceedings and the judge of the court ends up being prosecuted. That’s not a reasonable person’s idea of justice. The DA should exercise discretion and dismiss this case,” Carter said.

My head is spinning. You might want to read this companion story that gives some background on both Judge Jordan and Wayne Dolcefino, who’s probably a much better-known name among longer-time residents.

Now then. Three basic questions:

1. Contempt of court is a basic power that judges have. Any power can be corrupted, but I don’t see anything in this story that sounds like an extraordinary usage of that power. Maybe that hidden camera video is more damning than the story suggests, I don’t know. If I didn’t know anything else about this, I’d be wondering what exactly the beef was.

2. The incident in question took place two years ago. I know that investigations can take time, and I know that COVID has caused backlogs in the court system. But seriously, two years? What in the heck caused this to take so long to get to this point?

3. You may be wondering why Kim Ogg farmed this out to the Fort Bend County DA. My answer when I first read this is because Wayne Docefino worked for her campaign in both 2014 and 2016 – I saw him and talked to him at a couple of campaign events, and I have some press releases and other things that he sent out in my mailbox from that time. The second story indicates that Ogg and Dolcefino apparently had a falling out after that, which just makes this all messier. Whatever the merits of the case against Jordan, Ogg’s recusal was clearly the right thing to do.

At this point, I have no idea what else to say. I’m going to wait and see what happens. If you have some inside scoop on this, by all means please let me know.

The polling data on abortion in Texas

From the Trib:

At a time when Texas is poised to outlaw the vast majority of abortions if the nation’s highest court overturns constitutional protections for the procedure, a recent University of Texas at Austin poll shows most Texan voters think access to abortion should be allowed in some form.

Texas would make performing most abortions a felony if the U.S. Supreme Court overturns Roe v. Wade — a future that looks considerably more likely after a nonbinding draft opinion was leaked from the high court Monday. Constitutional protections for abortion could be struck down as soon as this summer.

The university conducted the poll in April before the court’s document was leaked. The survey found that 78% of respondents believe abortion should be allowed in some form while only 15% said it should be never permitted.

If Roe is overturned, Texas would allow doctors to perform abortions only to save the life of a pregnant person or if that person risked “substantial impairment of major bodily function.”

Around 39% of poll respondents said Texans should always be able to obtain abortions as a matter of personal choice, and 11% of respondents thought abortions should be available for other reasons in addition to pregnancy resulting from rape.

The poll shows that 28% of respondents believe abortions should be available only in cases of rape or incest or when a person’s life is endangered by their pregnancy. And 7% said they didn’t know.

Respondents fell mostly along party lines. Of the Republicans surveyed, 42% said abortions should be allowed only in cases of rape, incest or when a person’s life is in danger. The majority of Democrat respondents — 67% — said Texans should be allowed to seek an abortion as a personal choice.

But there were outliers. Among Republicans, 15% said Texans should always be allowed to seek an abortion and 12% said the law should allow Texans to seek abortions for reasons outside of just rape. On the flip side, 5% of Democrats said abortion should be completely outlawed and 13% said it should be allowed only in cases of rape or incest.

From the Chron:

The Texas Politics Project at the University of Texas at Austin has been tracking abortion trends for years. The researchers’ most recent poll, released in February, found that 53 percent of Texans oppose a complete ban on abortion if the Supreme Court overturns Roe v. Wade. (Thirty-four percent supported such a policy, and 13 percent didn’t know or had no opinion.)

“When we look at polling of Texas voters, what we find is an issue that people are, broadly, pretty split on,” said Joshua Blank, the research director of the Texas Politics Project. “But ultimately, you find most Texans supportive of at least some access. It’s much more nuanced to the electorate than, certainly, is being portrayed by elected officials looking to take victory laps.”

In February, 43 percent of Texans said they believed abortion laws here should be less strict, while 23 percent said they should stay the same. An additional 23 percent said they should be stricter, and 12 percent had no opinion. Texas banned abortions after roughly six weeks of pregnancy last September.

An overwhelming majority of Texans — 81 percent — believe abortion should be legal when a woman’s health is seriously endangered. About 73 percent support exceptions for rape or incest, and 58 percent say abortions should be legal if “there is a strong chance of a serious defect in the baby,” according to an October poll by the Texas Politics Project.

Texas’ six-week abortion ban provides no exceptions for rape, incest or severe fetal abnormality.

Ten years of aggregated polling data from Gallup estimates that 70 percent of Texans believe abortion should be legal at least in some circumstances. About 18 percent believe it should be legal under all circumstances, while 10 percent said it should be legal in most and 42 percent said it should be legal in only a few. An additional 26 percent said the procedure should be outlawed entirely.

That’s in line with most other GOP-led states, according to Gallup.

“Although technically a competitive or ‘purple’ state in terms of how it voted in the past two presidential elections, Texas is more closely aligned with ‘red’ — that is, strongly Republican — states when it comes to its residents’ views on abortion,” Gallup analysts wrote in October.

Another October survey, by researchers at the University of Houston and Texas Southern University, found that nearly 7 in 10 Texans believed the state’s six-week abortion ban was overly restrictive. Still, a majority of residents — 55 percent — supported the law, according to the poll.

At least since 2014, roughly equal portions of Texans have identified as “pro-choice” or “pro-life.” The Texas Politics Project is scheduled to release another poll Wednesday showing roughly similar trend lines, Blank said.

In February, 42 percent of voters said they were pro-choice; 38 percent said they were pro-life. Thirteen percent said they were neither, and 7 percent didn’t know.

“When we talk about abortion attitudes in the public, we’re talking about a set of opinions that, for the most part, are fixed and reinforcing,” Blank said. “Most people know what they think about abortion because they’ve been exposed to these arguments for much of their adult lives.”

But, he noted, most of those “opinions and attitudes” have been developed in a post-Roe world. That makes it difficult to predict how voters will feel or react if the high court does allow states to completely prohibit the procedure.

We’ve seen and talked about a lot of this data before. It’s important to remember three things: How the questions are worded really matters, people don’t always know exactly what the state of current abortion law is in Texas (in particular, lots of people don’t know everything about SB8), and people’s opinions on abortion may not affect how they vote or motivate them to vote.

The big question is whether this impending sea change will have a significant effect on voter behavior this year. One could argue that SB8 effectively banned abortion in Texas already and it didn’t seem to have much effect, but the confusing mechanisms of SB8 may have dampened any effect. The evisceration of Roe is a dominant national news story and will be again when the opinion in that Mississippi case is actually handed down, and there seems to be a big psychological effect in overturning Roe, as some national polls have shown that people had simply not believed that would ever happen. You could argue that the 2014 gubernatorial race was about abortion, at least to some extent, but the dynamics of that race and that year are just very different.

I don’t think we have any idea yet how this will play out, and we may not have even a vaguely decent guess at it for a few more months. We are truly in new territory, and we need to be very careful about what assumptions we make and what past events we extrapolate from. There’s clearly some energy on the Democratic side about this, but it’s May and we don’t know how long that might last. We just don’t know. But we can work to make what we want happen. Maybe now more people will be in on that. It’s our best hope.

Final 2022 primary early voting totals

It’s been a strange two weeks for early voting, so let’s get to the wrapup. Here are your final early voting totals. The table for comparison:


Election    Mail   Early   Total
================================
2018 D    22,695  70,152  92,847
2018 R    24,500  61,425  85,925

2020 D    22,785 116,748 139,533
2020 R    22,801  82,108 104,909

2022 D    13,713  82,342  96,055
2022 R     9,684  96,439 106,123

As a reminder, 2018 final totals are here, and 2020 final totals are here. Please note that the “2018 final totals” file I have is actually from the penultimate day of early voting. I either never got the last day’s totals, or I forgot to save the file to my Google Drive. The numbers in the table above are from the Election Day report for 2018, which means that the mail ballots include those that came in between the Friday and Tuesday. It would have been a smaller number if I had that day-of EV report.

Clearly, mail ballots were down. I had thought that the good number of mail ballots returned on Tuesday heralded an upswing for them, perhaps because of corrected ones getting in, but that wasn’t to be. Indeed, the combined total for Dems over the remaining three days was just a bit higher than the Tuesday total. The mail ballot total for Dems this year so far is 60% of what it was four years ago, though that will tick up a bit as the last batch rolls in. The number for Republicans dropped even more, though that is undoubtedly due in part to Republicans swallowing the former guy’s propaganda about mail ballots. Both Dems and Republicans saw more in person voters, and I’d say for sure some of that is connected, more on the R side than the D side.

How many people were actually unable to vote as a result of the new and needless voter ID requirements for mail ballots is hard to say. If I have the time, I’ll try to compare the vote rosters for the two years, to see what the mail voters of both parties from 2018 did this year. I’m sure some number of them voted (or will vote on Tuesday) in person. For those that voted by mail in 2018 but fail to vote this year, it will still be hard to say why. Primaries always have low turnout, so a no-show this year may just mean lack of interest or opportunity, for whatever the reason. I hope someone with a better view of the data comes up with a more holistic and analytic report. I fear it will mostly be all anecdotal otherwise. For sure, any suggestion that Republicans may regret their new voting restrictions are extremely premature. I’ve not doubt that some Republican consultants would prefer not to have to do new things, but they’re not representative of the party as a whole. Believe me, if they ever do come to regret this change, they will make that clear.

The Republicans had more voters this year than the Dems did, after the Dems outvoted them in 2018 and 2020. Does this worry me? Not really. Like I said, primaries are low turnout. That means people don’t participate for a lot of reasons. I think the main reason normal people do – by “normal” I mean the non-activist and news junkie portions of the population – is when there’s a headline race that grabs their attention. There wasn’t one in the 2018 primary – Beto didn’t have to run a serious primary campaign because he didn’t have a serious primary opponent, and indeed he faced questions afterward when Dems barely broke 1 million total voters statewide (compared to 1.5 million for the GOP even though they didn’t really have a headline primary race that year either) and he got “only” 62% of the vote. He’s in the same position this year – the entire story of the race so far is about Beto versus Abbott, not Beto versus Joy Diaz. On the other hand, at least as much of the story on the Republican side is Abbott versus West and Huffines, and that’s before you factor in the clusterfuck of an AG primary. Those are the kind of races that draw people to the polls.

Look at it this way: In 2016, nearly 330K people voted in the GOP primary in Harris County, compared to 227K for Dems. The November vote went pretty well for Dems in Harris County that year.

As for final turnout, it’s a little hard to say because samples are small and context changes greatly from Presidential to non-Presidential years. A little more than 40% of the Democratic vote was cast on Election Day in 2018 and 2014, while more than half was cast in 2010 and 2006. More than half was cast on Election Day in 2020, 2016, and 2008, while slightly less than half was cast in 2012. Going just by 2018, we’d probably approach 170K for final turnout. Republicans in 2018 had about 45% of their vote on Election Day, which projects them to 185-190K overall. Take all of that with a huge grain of salt – I just don’t know how to factor in the mail ballot changes, the recent aggressively revanchist policy moves by Greg Abbott et al, and just the overall state of the world. All I can say is we’ll see.

I’ll have a look at the statewide numbers tomorrow. Let me know what you think.

Beto and South Texas

Brace yourself for a lot of stories like this in the coming months.

Beto O’Rourke

In the first days of his campaign for governor, Beto O’Rourke made a beeline to this southernmost corner of the state, saying it was no mistake he was choosing to start his run in a part of Texas where Democrats have their work cut out for them after the 2020 election.

His supporters know it, too.

“We are being attacked at all ends,” Amanda Elise Salas said as she introduced him here Wednesday night. “This is a Democratic area, and there is no way we are gonna let Republicans come in here and take over.”

“They’re knocking at our door,” Mario Saenz, a Democratic precinct chair from Brownsville, said afterward. “We cannot let them in.”

A lot of Democratic hopes are riding on O’Rourke this election cycle, but few may be more consequential to the party’s future in Texas than his ability to stave off a strong GOP offensive in South Texas. Emboldened by President Joe Biden’s underwhelming performance throughout the predominantly Hispanic region last year, Republicans have been pushing hard to make new inroads there, and O’Rourke faces an incumbent in Gov. Greg Abbott who has been working for years to win Hispanic voters.

But it is not just about halting the GOP’s post-2020 march in South Texas. O’Rourke, who is facing an uphill battle in the governor’s race, has ground to make up after his own less-than-stellar performance with voters there in 2018 when he ran for U.S. Senate — and turning out more Latino voters has long been key to Democratic hopes statewide.

O’Rourke has been candid about the problem. Days after the 2020 election, which cemented Republican dominance across Texas, he told supporters that the fact that the border region “has been ignored for years by the national party, and even many statewide Democratic candidates, hurt us badly.” Last week, he began his campaign for governor with a swing through the region, calling the early itinerary “very intentional” and vowing to return frequently.

“If the great sin committed by Republicans historically has been to disenfranchise voters, including those in the Rio Grande Valley, then that committed by Democrats has been to take those same voters for granted in the past,” O’Rourke told reporters in San Antonio, before heading south to Laredo and the Valley.

O’Rourke got a wake-up call in South Texas during the 2018 Democratic primary for U.S. Senate, losing many counties in the region to a little-known and little-funded opponent, Sema Hernandez. While it was not the first time a candidate with a Hispanic surname beat expectations in a statewide Democratic primary, O’Rourke acknowledged afterward that he needed to do more outreach.

Months later, in the general election, O’Rourke failed to make significant gains in South Texas compared to his party’s 2016 presidential nominee, Hillary Clinton, which would have been key to defeating U.S. Sen. Ted Cruz. In the largest South Texas county outside San Antonio — Hidalgo — O’Rourke barely improved on Clinton’s vote share there, getting 68.8% after she got 68.5%.

Then came 2020, when Biden carried South Texas — and the Rio Grande Valley in particular — by a much narrower margin than Clinton did. He outright lost Zapata County, a longtime Democratic stronghold just north of the Valley.

[…]

Beyond any issue, though, South Texas Democrats say O’Rourke needs to show up, especially after a presidential election that left them wanting. Biden never visited Texas, let alone anywhere in South Texas, during the general election, and his running mate, Kamala Harris, visited McAllen only in the final days of the race.

To that end, South Texas Democrats are not particularly concerned about O’Rourke, who is known for his relentless campaigning. He toured all 254 counties during his 2018 race, which included a bus tour specifically focused on the border.

“We’re the poorest region of Texas, maybe one of the poorest regions in the nation, and you know, it was a huge letdown that Kamala and Biden didn’t make a prolonged appearance here in the Valley, but Beto, you know, he’s been recurringly focusing his presence here, especially in his past campaigns,” said Sebastian Bonilla, a 25-year-old from the Valley who came to see O’Rourke speak in McAllen.

Abbott has put an emphasis on South Texas since his first gubernatorial campaign in 2014, and he has been increasingly traveling there in recent months, both in his official capacity and for political appearances.

You get the idea. This kind of story is going to be the “Trump voters in diners” lodestar of 2022.

Because I tend to zero in on any actual numbers that show up in this kind of “collect a bunch of quotes and anecdotes” piece, I wondered about that Hidalgo County comparison. Just for grins, I went back and checked to see what was the best Democratic performance in Hidalgo in recent years:

2004 – JR Molina, 64.08%. For comparison, John Kerry got 54.86% against George W. Bush.

2006 – Bill Moody, 62.54%.

2008 – Linda Yanez, 73.63%.

2010 – Hector Uribe, 67.14%. That sure correlated with good Democratic performance elsewhere, eh?

2012 – Michelle Petty, 70.69%. Barack Obama got 70.40%, an improvement over the 69.02% he got in 2008.

2014 – Leticia van de Putte, 67.57%.

2016 – Dori Garza, 70.98%. Hillary Clinton got 68.50%, as noted in the story.

2018 – Steve Kirkland, 69.34%, with Beto’s 68.81% right behind. Kirkland was in a two-candidate race, while Beto and Ted Cruz also had a Libertarian in their race. Cruz’s 30.64% was actually a tiny bit behind Jimmy Blacklock’s 30.66%, though several other Republicans failed to get to 30% in their three-way races.

Latino Dems, and candidates for statewide judicial positions, were generally the high scorers. Looking at the numbers, I agree with the basic premise that Beto could have done better in South Texas than he did in 2018, and he will need to do better than Joe Biden did in 2020. The new SOS elections result website is trash and doesn’t give you a county-by-county view like it did before, so I went and found the Hidalgo County Elections page, which informed me that Biden got 58.04% in 2020, with Elizabeth Frizell being the high scorer at 61.51%; yes, another judicial candidate.

One could also point out, of course, that Biden came closer to winning Texas than Clinton did, despite doing worse in South Texas. Beto himself came as close as he did mostly by making huge gains in urban and suburban counties – to pick one example, he got 46.53% in Collin County, losing it by 22K votes, after Clinton got 38.91% and lost if by 61K votes. Beto did net 12K fewer votes in Hidalgo than Clinton did (Biden netted 32K fewer than Clinton), and he lost another 10K in Cameron County – that does add up in such a close race, though it wouldn’t have been enough to fully close the gap he still had. Ideally, he’d do better in South Texas and in the big urban and suburban counties. At least we all feel confident he’ll do the work.

We continue to register more voters

Seventeen million and counting.

Still the only voter ID anyone should need

Texas has surpassed 17 million registered voters for the first time, continuing a pace that is reshaping the state’s electorate so rapidly that even the politicians cannot keep up.

Despite a series of new election regulations from the Republican-led Legislature and more purges of inactive voters from the rolls, the state has added nearly 2 million voters in the last four years and more than 3.5 million since eight years ago, when Gov. Greg Abbott won his first term.

The result is at least 1 of every 5 voters in Texas never cast a ballot in the Lone Star State prior to 2014 — a remarkable wild card in a state that had stable politics and a slow stream of new voters for a generation before that.

“You have a largely new electorate that is unfamiliar with the trends and the personalities in the area,” said Brandon Rottinghaus, a University of Houston political science professor. “That rapid turnover leads to a lot of uncertainty for candidates.”

Texas was just short of 17 million people eligible to vote in the constitutional amendment elections Nov. 2. Harris and Dallas counties combined to add nearly 12,000 more voters as Election Day approached, putting the state over the threshold.

It’s all setting up for a 2022 election cycle that is more competitive, more expensive and more uncertain than statewide candidates are used to seeing in Texas.

Just a reminder, these are the voter registration figures for Harris County since 2014:

2014 = 2,044,361
2016 = 2,182,980
2018 = 2,307,654
2020 = 2,431,457
2021 = 2,482,914

That’s 438K new voters in the county over those seven years. I’ve gone over these numbers before, but 2014 was the first two-year cycle in the 2000s that saw a real increase in the voter rolls. It makes a difference having a government in place that wants to increase voter participation. (And yes, as I have said multiple times before, I credit Mike Sullivan, in whose tenure these numbers started to increase, for his role in getting that started.)

But there’s a group that deserves a lot of credit, too.

Texas is unique in how it runs voter registration, barring non-Texas residents from volunteering to help people through the process. Even Texans can’t help fellow Texans register without first jumping through a series of hurdles or facing potential criminal charges.

Anyone in Texas who wants to help voters register must be trained and deputized by county election officials. But going through the one-hour course in Harris County allows volunteer registrars to sign up voters only in that county. To register voters in a neighboring county, they have to request to be deputized there as well and take that training course, too.

To be able to sign up any voter in the state, a volunteer registrar would need to be deputized in all 254 Texas counties — and those temporary certifications last only two years.

Consequently, voter registrations in Texas grew at a glacial pace before 2014. From 2000 to 2014, the state added just 1 million registered voters — about the number of voters Texas now adds every two years.

Those boots on the ground that [Michael] Adams, the Texas Southern University professor, mentioned began to arrive in 2014, when a group of campaign strategists from President Barack Obama’s re-election campaign launched an effort they called Battleground Texas to build an army of volunteer registrars.

“What we’re going to do is bring the fight to Texas and make it a battleground state so that anybody who wants to be our commander in chief, they have to fight for Texas,” the group’s co-founder, Jeremy Bird, said in a national interview with talk show host Stephen Colbert in 2013.

While pundits scoffed — especially after Abbott beat Democrat Wendy Davis by 20 percentage points in the 2014 gubernatorial election — Battleground Texas says it has identified and helped train 9,000 voter registrars across Texas to find eligible voters and sign them up.

It hasn’t gotten easier to register voters in Texas. There are just more people who are able to do it, and Battleground Texas deserves praise for that. Other groups have picked up the torch from there, and the results speak for themselves. We saw in the 2020 election that Republicans can register voters, too, so like all things this strategy needs to be refined and advanced by Democrats to continue making gains. Let’s keep moving forward.

The growing field for Land Commissioner

We have some interesting candidates on our side.

Jay Kleberg

A member of a South Texas family that owns one of the largest ranches in the country is seeking the Democratic nomination for Texas land commissioner, the statewide office overseeing the Alamo’s operations and the state’s natural disaster recovery efforts.

The seat will be open during the 2022 election as Republican incumbent George P. Bush runs for attorney general.

Jay Kleberg, an Austin-based conservationist whose family owns the sprawling King Ranch in Kingsville, said in an interview with The Texas Tribune on Wednesday that his campaign will focus on fighting climate change, managing the state’s disaster recovery and improving benefits for veterans.

“It’s the responsibility of the land commissioner to combat climate change and it seems like a bold statement in Texas politics right now, but we’ve gotta follow the science,” Kleberg said.

The Texas General Land Office manages 13 million acres of public lands and mineral rights across the state. As a result, Kleberg said the office has the “ability to diversify its portfolio of renewables” and “lead the state toward a low-emission future.”

Kleberg formerly served as associate director of the Texas Parks and Wildlife Foundation, the nonprofit partner of the Texas Parks and Wildlife Department.

[…]

Kleberg said he is optimistic, pointing to his experience with the responsibilities of the office and saying conservation brings a “lot of people together.” And he suggested his bid would be well-funded, noting he has been able to raise over $100 million for conservation efforts.

This will not be Kleberg’s first bid for public office. In 2010, Kleberg ran as a Republican for the El Paso-area Texas House District 78, which is currently represented by state Rep. Joe Moody, D-El Paso. But Kleberg fell short in the three-way GOP primary that year to Dee Margo, who unseated Moody in the November general election.

Kleberg, asked Wednesday about his party switch, said that while he considers himself “a Texan first” he feels “strong about running as a Democrat” and is looking forward to the race.

“Texas deserves a representation that believes in combating climate change and bringing people together — not dividing them,” he said.

That’s Jay Kleberg of Kleberg County, where the King Ranch is. Fair to say, he’s a bit atypical for a Texas Democrat. You can see his announcement video here. He joins a field that according to the Patrick Svitek spreadsheet has four Republicans and four Democrats so far. The latter group includes Jinny Suh and two dudes I’ve not heard of.

The fact that Kleberg once ran for office as a Republican doesn’t bother me. It should be clear by now that there are a significant number of former Republicans out there, and anyone who is going to put fighting climate change at the top of their agenda is going to get a full hearing from Democratic voters. The fact that he’d be another white guy on the Democratic ballot is not a problem of his making, but as he’d have to defeat a woman of color to get there, it’s a question he’ll have to address. I think we know by now that anything can happen in these lower-profile downballot statewide primaries – for all we know, one of those other guys may win the nomination and have to answer those questions.

Of interest to me is that Kleberg County is one of the places that moved towards Trump in 2020. Obama won it 53.4% to 45.6% in 2012, Hillary won it 49.6% to 45.9% in 2016, and Beto took it 51.8% to 47.5% in 2018, but Trump carried it 50.3% to 48.6% in 2020. I should note that Kleberg split tickets in every year I looked – Republican State Rep. JM Lozano won it every year, Greg Abbott beat Wendy Davis in 2014 by a hair and Lupe Valdez by double digits in 2018, while Leticia van de Putte and Mike Collier won it in those years. Eva Guzman won it in 2016, while Chrysta Castaneda and several of the statewide Democratic judicial candidates took it in 2020. Maybe Kleberg can move the needle a bit in his home county – which by itself doesn’t mean much, as there were just under 11K votes cast there last year – and more importantly in other counties like it. I have no idea if this may be the case, or if he’d do better than Jinny Suh or one of the other dudes. It’s just the sort of thing I think about when doing posts like this. The main takeaway for you should be to pay attention to this race, the choice you make matters.

Precinct analysis: The new State House map

Like it or not, we have new State House districts. We may as well acquaint ourselves with them. The coverage we’ve had so far has focused on the 2020 election numbers to say whether a district will be red or blue or (in a limited number of cases) purple. I think that we need to see more data than that to get a full picture. I’ve spent a bunch of time on this site looking at how districts changed over the course of the past decade. This post will do the same for the new State House districts. I may do the same for the other types of districts – we’ll see how busy things get once filing season opens – but for now let’s look at how things are here.

We now have a full set of election data for the new districts. All of the data for the new State House districts can be found here. I am using election data for these years in this post: 2012, 2014, 2016, 2018, and 2020

If you want to remind yourself of what the map looks like, use the district viewer, which allows you to zoom in all the way to street level. What would have happened in the last decade if we had had this map in place following the 2011 session?

2012 – 59 seats won by Obama
2014 – 51 seats won by Davis
2016 – 64 seats won by Clinton
2018 – 66 seats won by Beto
2020 – 65 seats won by Biden

This shows a couple of things. One is just how bad a year 2014 was. Two, how effective the 2011/2013 map was for the conditions that existed at the time. Note that with this map, the big shift towards the Democrats happened in 2016, not 2018. I have to wonder how things might have played out in 2018 and 2020 if that had been our experience. After that, it gets a lot more static. I’ll tell you which districts were won by Beto but not Clinton, and which district was won by Beto but not Biden, later in this post.

Enough setup. You’re ready for some numbers, right? I know you are. I’ve broken this down more or less by region, and am including districts that are within 20 points in the 2020 results.


Dist  Obama  Romney Obama%Romney%    Biden   Trump Biden% Trump%
================================================================
014  14,134  29,676  31.5%  66.1%   30,840  38,146  43.5%  53.8%
020  19,803  40,618  31.9%  65.4%   44,651  58,876  42.2%  55.6%
045  20,079  21,248  47.0%  49.8%   48,915  32,987  58.4%  39.4%
052  16,708  28,942  35.7%  61.8%   44,974  49,046  46.7%  51.0%
054  18,164  22,668  43.9%  54.7%   26,960  31,067  45.5%  52.4%
055  17,348  26,906  38.5%  59.8%   30,054  36,826  43.9%  53.8%
118  21,895  25,284  45.7%  52.8%   36,578  34,584  50.6%  47.9%
121  25,850  47,798  34.5%  63.8%   50,133  52,533  48.1%  50.4%
122  21,516  48,130  30.4%  68.1%   50,094  59,855  44.9%  53.7%

Call this the “Central” region – HD14 is Brazos County, HDs 20 and 52 are Williamson, HD45 is Hays, HDs 54 and 55 are the infamous “donut” districts of Bell County, and the other three are Bexar. Couple things to note, as these themes will recur. One is that if there’s a district you think might belong but which isn’t listed, it’s probably because it just doesn’t qualify as a “swing” district any more. A great example is HD47 in Travis County, which was a 52-47 district for Mitt Romney in 2012. In 2020, however, it was won by Joe Biden by a 61-36 margin. HD45 is more or less the same, but I included it here as a borderline case.

Looking at the shifts, it’s not too hard to imagine the two Williamson districts moving into (back into, in the case of HD52) the Dem column, in a future election if not this year. Note also that HD118 was once a red district. It’s one of the two that Beto flipped and which Biden held. Sure, it’s accurately described in all of the coverage of the special election runoff as being more Republican than the current HD118, but one should be aware of the direction that it has traveled. I won’t be surprised if it outperforms the 2020 number for Dems in 2022. (No, the result of this special election runoff doesn’t change my thinking on that. It’s not the first time that Republicans have won a special election in HD118.)

Not all districts moved so dramatically – that parsing of Bell County looks like it will be durable for the GOP, at least at this time. The other two Bexar districts were a lot more Democratic at the Presidential level than they were downballot, so one has to wonder if the splits we see here are entirely about Trump, or if they will be the leading edge for Dems as the 2016 Trump numbers were in places like CD07 and all of the Dallas House districts that Republicans once held.


Dist  Obama  Romney Obama%Romney%    Biden   Trump Biden% Trump%
================================================================
034  28,030  19,409  58.4%  40.4%   32,171  26,232  54.4%  44.3%
035  19,519   5,678  76.7%  22.3%   22,629  16,478  57.3%  41.7%
036  21,416   7,022  74.5%  24.4%   26,905  19,328  57.6%  41.4%
037  21,580  17,109  55.2%  43.7%   27,740  26,576  50.6%  48.4%
039  23,219   8,076  73.5%  25.6%   27,861  18,679  59.2%  39.7%
041  20,882  15,585  56.6%  42.2%   33,385  25,616  56.1%  43.0%
074  25,903  16,270  60.5%  38.0%   31,415  28,538  51.7%  46.9%
080  26,122  16,344  60.9%  38.1%   27,099  29,572  47.3%  51.6%

Here we have South Texas and the Valley, where things are not so good for the Dems. Again, the districts you don’t see here are the ones that are not swing districts; check out the linked numbers to see for yourself. HD41 was pretty stable, and I will note that the current version of HD74 was carried by Trump, so the new map is a bit friendlier to the Dems, at least for now. HD80 is the Beto district that Biden lost, and as with every other Latino district we’re just going to have to see how it performs in a non-Trump year. If State Rep. Alex Dominguez, the incumbent in HD37, does indeed primary Sen. Eddie Lucio, that puts another Dem seat squarely in the danger zone. (Modulo the pending litigation, of course.)


Dist  Obama  Romney Obama%Romney%    Biden   Trump Biden% Trump%
================================================================
033  16,134  40,104  28.2%  70.1%   35,618  53,384  39.3%  58.9%
057  13,506  30,350  30.3%  68.0%   36,387  47,660  42.6%  55.8%
061  15,178  34,157  30.3%  68.1%   43,274  50,795  45.2%  53.0%
063  20,983  40,571  33.5%  64.8%   42,303  47,444  46.4%  52.0%
065  18,851  36,946  33.3%  65.2%   43,265  51,231  45.1%  53.4%
066  19,348  41,191  31.5%  67.0%   43,902  51,608  45.2%  53.1%
067  16,268  32,870  32.6%  65.7%   39,889  47,769  44.6%  53.5%
070  23,926  36,395  38.9%  59.2%   45,111  35,989  54.7%  43.6%
084  17,622  30,644  35.8%  62.3%   25,604  36,144  40.7%  57.5%
089  18,681  39,334  31.6%  66.6%   39,563  49,499  43.5%  54.5%
093  13,971  29,638  31.6%  67.0%   34,205  45,799  42.0%  56.2%
094  23,934  46,010  33.6%  64.6%   37,985  45,950  44.4%  53.8%
096  22,912  42,668  34.5%  64.2%   39,472  48,073  44.4%  54.1%
097  21,540  40,721  34.0%  64.4%   38,218  46,530  44.3%  53.9%
099  17,899  33,551  34.2%  64.2%   31,245  43,999  40.8%  57.5%
106  12,893  30,578  29.2%  69.3%   38,447  50,868  42.4%  56.2%
108  26,544  58,932  30.7%  68.1%   54,481  55,364  48.9%  49.7%
112  24,601  44,320  35.2%  63.4%   44,881  45,370  48.9%  49.4%

So much action in the Multiplex. HD33 is Rockwall and a piece of Collin. HDs 61 and 70 are Collin, HD57 is Denton. I have lumped HD84 in here as well, even though it’s Lubbock and it remains on the fringe, but I don’t care. We will make a race out of that district yet! HDs 108 and 112 in Dallas are also much more Republican downballot than they were at the top, and while I think they will eventually fall, it’s unlikely to be in 2022. HD70, by the way, is the other district that flipped Dem in 2018.

Everywhere else I look, I see districts that are about as competitive as the formerly Republican-held districts of Dallas County were circa 2012. (Note how none of them have made an appearance in this post.) Look at how huge those splits were a decade ago. A decade in the future, either we’re going to be grimly hailing the evil genius of this gerrymander, or we’re going to be chuckling about Republican hubris and how if they’d maybe thrown another district or two to the Dems they could have saved themselves a bucketful of losses.


Dist  Obama  Romney Obama%Romney%    Biden   Trump Biden% Trump%
================================================================
025  16,141  33,014  32.4%  66.2%   29,441  43,675  39.7%  58.9%
026  14,574  36,701  32.4%  66.2%   37,863  47,532  43.7%  54.8%
028  15,831  33,229  31.9%  67.0%   36,213  46,580  43.1%  55.4%
029  18,280  37,848  32.1%  66.5%   32,787  46,758  40.6%  57.9%
126  18,574  47,202  27.9%  70.7%   35,306  50,023  40.8%  57.8%
127  19,674  45,760  29.7%  69.1%   38,332  53,148  41.3%  57.3%
129  21,321  45,292  31.5%  66.9%   38,399  51,219  42.2%  56.2%
132  13,399  31,974  29.1%  69.5%   35,876  46,484  42.9%  55.6%
133  21,508  45,099  31.8%  66.7%   40,475  42,076  48.4%  50.3%
134  34,172  42,410  43.7%  54.3%   66,968  38,704  62.5%  36.1%
138  20,133  40,118  32.9%  65.6%   37,617  42,002  46.6%  52.0%
144  17,471  16,254  51.1%  47.6%   25,928  20,141  55.6%  43.2%
148  20,954  19,960  50.4%  48.0%   34,605  24,087  58.1%  40.5%
150  14,511  34,552  29.2%  69.6%   34,151  45,789  42.1%  56.5%

Finally, the Houston area. HDs 25 and 29 are Brazoria County, HDs 26 and 28 are Fort Bend. The now-in-Fort-Bend HD76 slides in here as another former swing district, going from 51-48 for Romney to 61-38 for Biden. I threw HD134 in here even though it’s obviously not a swing district by any reasonable measure in part because it was once the epitome of a swing district, and because damn, just look at how far that district shifted towards Dems. The open HD133 is unfortunately another one of those redder-downballot districts, so even though it’s an open seat don’t get your hopes up too much for this cycle. Maybe later on, we’ll see.

I’m fascinated by HD144, which like HD74 is now slightly more Dem than it was under the existing map. I guess Republicans had other priorities in the area. As for HD148, it’s a little jarring to see it as a genuine swing district from 2012, though it barely qualifies as of 2020. Rep. Penny Morales Shaw has complained about the changes made to her district, not just geographically but also by reducing that Latino CVAP by almost ten points. Finally, I will note that while the GOP shored up HD138, it’s another district that used to be a lot redder than it is now. Again, we’ll just have to see how resilient that is. That “genius/hubris” divide will largely come down to places like that.

I hope this helped shed some light on what these districts may be going forward. As always, let me know what you think.

Yeah, Greg Abbott has a ton of money

It’s the one thing he’s really good at.

Gov. Greg Abbott is starting his 2022 reelection campaign with $55 million in the bank, a staggering figure even by the already high standards for which his fundraising is known.

His campaign coffers hit the balance after he raised over $18.7 million during the last 10 days of June, his campaign announced Thursday.

The campaign said the cash-on-hand total was larger “than any other statewide candidate in Texas history.”

Seeking a third term next year, Abbott already faces at least three primary challengers. They include former state Sen. Don Huffines of Dallas and Texas GOP Chair Allen West, who announced his campaign Sunday.

The total may be a new high, but none of this is a surprise. Like I said, raising money is Abbott’s core competency. It’s an advantage, but if Beto O’Rourke or Julian Castro run against him, they’ll be able to raise plenty of money, too. Wendy Davis raised decent money in 2014 – she had bigger problems to overcome. Lupe Valdez didn’t raise anything in 2018, but that was not at the top of the list of her problems as a candidate. It is what it is. Some of that money will have to be used fighting off the other lunatics in the Republican primary, and while having a hard-fought and expensive primary is not necessarily a negative for a candidate or a party, I suspect this primary will not be about things that engage non-hardcore voters. Whatever the case, this is where we are. No one ever said this was going to be easy.

UT/Trib poll: Abbott has the best of a bunch of weak approval numbers

Same story, new chapter,

Texas voters are split over whether they approve of Gov. Greg Abbott’s job performance, though he remains popular with Republicans and more popular among Texans than President Joe Biden, according to the latest University of Texas/Texas Tribune Poll.

The June 2021 poll shows that 44% of Texans approve of Abbott’s job as governor, while 44% disapprove. That leaves him with an overall approval rating from Texas voters that’s better than those of Biden, U.S. Sens. Ted Cruz and John Cornyn, Lt. Gov. Dan Patrick, Attorney General Ken Paxton and House Speaker Dade Phelan. Abbott enjoys the approval of 77% of his own party’s voters, with 43% of Republicans saying they “strongly approve” of his performance.

Democratic disapproval for Abbott remains potent. Eighty-two percent of Democrats disapprove of Abbott, with 75% of those Democrats saying they “strongly disapprove” of his performance.

“What we’re seeing now is that Democrats are registering as much disapproval with him as they are with really any kind of national Republican figure,” said Joshua Blank, research director of the Texas Politics Project.

Abbott earned higher marks among Texas voters regarding his COVID-19 response at the start of the pandemic, Blank pointed out. In April 2020, 56% of Texans approved of Abbott’s response to the pandemic, but that slipped to 44% in the latest June poll.

“One of the things that benefited Greg Abbott was Donald Trump,” Blank said. “So Donald Trump’s inability to appear to be seriously dealing with the pandemic made Abbott’s attempts early on — even if they were criticized — much much more serious-looking, both to Republicans and Democrats, and I think that’s why his numbers were so high.”

As the pandemic drew on, Democratic disapproval of Abbott increased steadily. In the last poll, 81% of Democrats disapproved of Abbott’s COVID-19 response, with 67% saying they strongly disagree. Meanwhile, 74% of Republicans approve and 45% strongly approve.

[…]

Biden’s ratings have remained steady among both Democrats and Republicans since the February UT/TT Poll. His overall job approval with Texan voters is at 43% who approve and 47% who disapprove. When filtered by partisanship, 88% of Democrats approve of the job he’s doing, including 53% who strongly approve. As for Republicans, 84% disapprove of the job he’s doing with 77% strongly disapproving.

Texans see Biden’s COVID-19 response as a strength, while border security remains a weak point.

Overall, 49% of Texas voters approved of the president’s COVID-19 response, while 36% disapprove. Of those, 91% of Democrats approve, while 64% of Republicans disapprove.

See here for the February UT/Trib poll, which had Biden at 45 approve, 44 disapprove. There was also a May end-of-session poll that had him at 44/46. While it is true (and we have discussed before) that Abbott’s approval numbers had been bolstered in the past to some extent by him not being completely despised by Democrats, that moment has passed. It’s hard to compare his numbers to almost anyone else in the state because the “don’t know” response for them is so much higher – Ken Paxton has 32/36 approval, for instance, and for Dan Patrick it’s 36/37. My tentative conclusion is that there will likely be less of a gap between Abbott’s numbers next November and those of Patrick and Paxton (if he’s on the ballot), but that’s not set in stone. Who the Dems get to pick matters, too.

In reading this story, I got curious about how Biden was comparing to President Obama in Texas. I have mentioned that a decent approval rating for Biden next year would help Democrats on the ballot, and while it’s still early and the overall political environment is different, I thought it might be useful to have a bit of context. So I poked around in the UT Politics polling archive, and this is what I came up with:

June 2009 – 43 approve, 46 disapprove

October 2009 – 41 approve, 52 disapprove

February 2010 – 41 approve, 50 disapprove

May 2010 – 35 approve, 58 disapprove

September 2010 – 34 approve, 58 disapprove

May 2012 – 36 approve, 54 disapprove

February 2013 – 39 approve, 53 disapprove

June 2013 – 43 approve, 50 disapprove

October 2013 – 37 approve, 54 disapprove

February 2014 – 34 approve, 55 disapprove

June 2014 – 37 approve, 56 disapprove

October 2014 – 36 approve, 57 disapprove

Obama was pretty much in the same place at this point in 2009, and boy howdy did it go south from there. I’m pretty sure his overall approval numbers were better than Biden’s are now – again, the overall climate is much different – but the infamous Rick Santelli “tea party” rant had already occurred, and we know what happened next. Note that other than an outlier in June of 2013, the numbers were pretty stable and generally lousy through the first two years of each term. I included the May 2012 numbers because I came across them in my own post, but as you can see they still fit the pattern.

Obviously, if Biden is sporting similar approval numbers next year, we’re almost certainly doomed. I don’t think that will happen, but I don’t have anything solid to go on for that, so all we can do is watch and see. At least we have something to compare Biden to now.

Everyone’s waiting on Beto

Pardon me while I brew myself a cup of tea and stare meaningfully out the window.

Beto O’Rourke

Texas’ Republican statewide primaries are heating up as challengers emerged in recent weeks for both Gov. Greg Abbott and Attorney General Ken Paxton. But for all the Republican maneuvering, Democrats are remaining quiet about primary plans.

Texas Democrats are in a holding pattern as they plan for the 2022 cycle for two main reasons. First, the party establishment is waiting on former U.S. Rep. Beto O’Rourke to announce whether he will run for governor.

Secondly, and crucially, incumbents and potential candidates across the state are awaiting the release this fall of new district maps to decide whether they’ll retire, run for reelection or consider a statewide bid. The new maps will come from the decennial redistricting process where lawmakers redraw the boundaries of the state’s congressional, legislative and State Board of Education districts.

“There’s a lot of planning and strategizing behind the scenes,” said Royce Brooks, the executive director of Annie’s List, the Texas Democratic women-in-politics group. “Whatever Beto decides to do is the domino that affects everybody.”

[…]

Beyond O’Rourke, there is some chatter that former U.S. Secretary of Housing and Urban Development Julián Castro or U.S. Rep. Joaquin Castro might make a run for governor. Otherwise, the field of potential candidates are a mix of current and former state legislators.

Harris County Judge Lina Hidalgo remains a much pined-for candidate, particularly among female Democratic operatives, but so far she has not expressed interest in running statewide next year.

And there are some Democrats who have announced runs for statewide offices, but few are well-funded. Two candidates that have earned the most notice are Mike Collier, who ran for lieutenant governor two years ago and is making another run, and former Galveston Mayor Joe Jaworski, who is running for attorney general.

[…]

In a traditional election cycle, candidates tend to roll out their campaigns over the spring and summer of the off-year, but this year potential candidates are still watching and waiting for the new district maps.

The entire Texas election calendar could also be moved back, due to the delayed census amid the COVID-19 pandemic and the ripple effect on reapportionment and the Texas Legislature’s ability to draw maps.

Some statewide Democratic candidates could emerge after the maps are finished. If a Democratic incumbent finds themselves in a carved up district where he or she has no chance at reelection, the notion of running statewide — still an incredible challenge for Democrats — actually could be an easier lift than reelection.

See here for the previous update. I would say that one race has “heated up” on the Republican side, and that’s the race for Attorney General, where the opportunity to challenge a guy who’s been indicted by the state, is being investigated by the FBI and sued by several former top staffers who accuse him of being a crook, and also facing a State Bar complaint for filing a frivolous and batshit crazy lawsuit to overturn the Presidential election, would normally be seen as an obvious thing for anyone with ambition to do. The entry of a low-wattage one-term former State Senator into the gubernatorial primary is in my mind no different than Steve Stockman’s 2014 primary challenge to Sen. John Cornyn, but your mileage may vary.

I’m as big a fan of Harris County Judge Lina Hidalgo as anyone, but I say there’s a zero percent chance she runs statewide in 2022. There’s no evidence to suggest that this is something she wants to do. My personal belief is that she wants to finish the job she started as County Judge, and only then will she consider something different (which may be retiring from politics). I could be wrong, and if Democrats do break through in 2022 and President Biden carries Texas in 2024 then it’s certainly possible Judge Hidalgo could be one of presumably many Dems to throw a hat in for 2026, but the very composition of this sentence should be acting to cool your jets. I will be extremely surprised if she does something other than run for re-election in 2022.

The prospect of someone who loses out in redistricting running for something statewide is one I hadn’t really considered before. It didn’t happen in 2012, mostly because there wasn’t anyone for the Republicans to screw out of a seat that year, given how they beat anyone who was beatable in 2010. Republicans will have more targets this time, though they are also operating on much tighter margins, but I could see a legislator who gets left without a winnable district deciding to run for something statewide. If nothing else, it’s a good way to build name ID and a donor base, and puts you in the conversation for next time. It’s all too vague and theoretical now to toss out any names, but this is something to keep an eye on.

Oh, and before I forget: Please don’t make us wait too long, Beto.

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.

Paxton trial to head back to Collin County

You can go home again, apparently.

Best mugshot ever

A panel of three justices ruled Thursday that Texas Attorney General Ken Paxton’s felony fraud charges should be held in Collin County — where he lives — instead of Harris County, after a yearslong back-and-forth over where his criminal case should be heard.

The lawsuit, now nearly six years old, has been shackled by procedural delays and has not yet gone to trial because of a number of appeals related to where the case should be heard and how much the prosecutors should be paid. The suit has loomed over Paxton for nearly his entire time as attorney general, including during his narrow reelection in 2018. If convicted, Paxton could face up to 99 years in prison.

Prosecutors in the suit claim Paxton persuaded investors to buy stock in a technology firm without disclosing he would be compensated for it back when he was a member of the Texas House. Paxton denies any wrongdoing and says the accusations are politically motivated.

A panel of three all-Democratic justices in the 1st Court Of Appeals in Houston on Thursday allowed the case to return to Paxton’s home county on a 2-1 vote because of a technicality, affirming a lower court’s decision after nearly seven months of deliberation.

The case was originally to be held in Collin County but prosecutors argued that having the trial there would be unfair because of his political ties in that region. Paxton represented Collin County in the Texas Legislature for years, and now his wife, state Sen. Angela Paxton, represents the region.

The dissenting justice, Gordon Goodman, said no matter where the case is held, it is time it goes to trial.

“At this point almost six years has elapsed since Paxton was indicted. Whichever district court ultimately receives these cases should move them to trial as expeditiously as possible,” Goodman wrote in his dissent. “Further delay is anything but expedient.”

See here for the last update, which was in October. I don’t think there is anything in nature that moves more slowly than the court proceedings for this case. The prosecutors are seeking an en banc ruling, which I can understand given the split among the three-judge panel, but honestly I’m with Justice Goodman. Let’s get this show on the road, if we finally can.

And on that note, a word about this.

“If it gets moved back to Collin County, that certainly is advantageous for Paxton for two reasons: One, it’s more likely to go to a Republican judge as opposed to a Democratic judge in Harris County,” said Mark Jones, a political science professor at Rice University who has studied the case, in an interview in 2019. “And any jury pool is going to be much more sympathetic to Paxton in Collin versus Harris.”

Yes, he’ll get a Republican judge in Collin County, though one would like to hope that the judge would be impartial regardless of where the trial was held. As for the jury, I think Professor Jones is overstating things a bit. Look at the numbers:

2016: Trump 55.6%, Clinton 38.9%
2020: Trump 51.4%, Biden 47.0%

2014: Paxton 66.0%, Houston 30.4%
2018: Paxton 52.7%, Nelson 44.7%

Paxton did worse than every other statewide Republican in Collin County in 2018 except for Ted Cruz, and he only beat Cruz by a tenth of a percentage point. It’s not crazy to think that Collin County could go for his opponent next year. It’s true that Collin County is considerably less Democratic than Harris County, and as such the jury pool will likely be Republican-leaning. It’s just nowhere near as Republican as it was when Paxton was first indicted in 2015. Maybe he should have gone for the speedy trial in the first place.

Mike Collier gearing up again

I was hoping he’d be back.

Mike Collier

Mike Collier, the 2018 Democratic nominee for lieutenant governor who lost to Dan Patrick by 5 percentage points, is gearing up for another run.

Collier is launching an exploratory committee to challenge Patrick again next year, though he said it is more of a “confirmatory” committee and that he is “intent on doing this.”

“This is a rematch, and it’s all about holding Dan Patrick accountable,” Collier said in an interview, arguing that two major recent events — the winter weather emergency and coronavirus pandemic — have shown “what poor leadership does in the state of Texas.”

Collier, a Houston-area accountant, said he plans to pitch himself much like he did in 2018, playing the mild-mannered policy wonk to Patrick’s conservative firebrand. But he said he believes he has additional factors working in his favor this time, and not just the recent crises that have put a harsh spotlight on Texas Republican leaders. He has assembled a top-flight campaign team, is better-known statewide than ever and believes President Joe Biden will be an asset, not a liability, next year in Texas.

“Biden, I believe, is going to be a very popular president because his policies make sense, and then we have COVID, and then we have an insurrection, and then we have a power crisis, and all sorts of reasons for people to pay attention,” Collier said. “So you roll all that together, and I think it’s a very winnable race.”

Collier remained politically active after his 2018 run, continuing to criticize Patrick and endorsing Biden early in the 2020 primary. Collier went on to serve as a senior adviser to Biden’s Texas campaign in the general election.

Collier’s campaign-in-waiting includes alumni of Biden’s campaign both nationally and in Texas. Collier is working with ALG Research, Biden’s pollster, as well as Crystal Perkins, the former Texas Democratic Party executive director who was Biden’s finance director for a region that included Texas.

Collier acknowledged he needs to raise more money than he did in 2018, when he collected $1.3 million over the two-year election cycle, a fraction of Patrick’s fundraising. However, Collier said his team has “already been in communication with the donors [for 2022] and we feel very bullish about that.”

I’m a longtime fan of Mike Collier, and I think he’s an asset on the ticket. He’s correctly identified his main weakness from 2018, and appears to be working on it. The thing about running against Dan Patrick is that you can let him grab most of the attention – it’s not like you can prevent him from doing that – but you do need to be able to remind everyone that they have another choice. Collier was a top performer in 2018 because he was an acceptable choice to voters who were sick of Patrick. If he can build on that – and if he’s right about the national atmosphere and President Biden’s relative popularity – he can win. The Chron has more.

Of course Nate Paul’s attorney donated to Ken Paxton

I mean, duh.

Best mugshot ever

Several weeks after Texas Attorney General Ken Paxton made the unusual move of intervening in a civil lawsuit involving his friend and campaign donor Nate Paul, Paxton received a $25,000 donation from the law firm hired by Paul in the case, records show.

Involving his office in the civil case was just one of a handful of apparent interventions by Paxton on behalf of Paul that troubled the attorney general’s top aides, leading seven of them to report Paxton to law enforcement for potential corruption charges in early October, including bribery and abuse of office. Those accusations are now being investigated by the FBI.

A political action committee for the Austin-based law firm Hance Scarborough — the HS Law PAC — gave Paxton donations of $20,000 and $5,000 on June 30, records show.

Neither the attorney general’s office nor a campaign spokesman for Paxton responded to requests for comment. Paxton has denied wrongdoing.

Reached Tuesday, Paul’s former attorney Terry Scarborough said he “did not know anything about our PAC contributions” because he is not the managing partner of the firm and declined to comment. Scarborough withdrew from the still-pending civil case this fall and no longer represents Paul’s business entities.

Managing partner Jay Stewart, who is trustee of the PAC, said it operates independent of the firm’s litigation section and that the donation had nothing to do with any cases.

“That was a contribution that we routinely make,” Stewart said. “I wasn’t even aware of that piece of litigation that Mr. Scarborough worked on.”

He said the firm, which represents clients in matters relating to regulatory and public policy law, has been giving to the attorney general’s office for years, even before Paxton took office. The firm has also donated to Paxton since his days as a Texas legislator, he said.

State campaign finance data shows the PAC last donated to Paxton in 2014, a total of $10,000 in the runup to Paxton’s first election.

Still, the donation this past summer marks the second financial tie, albeit an indirect one, between Paul and Paxton to come to light. The Houston Chronicle first reported in October that Paul had donated $25,000 to Paxton in 2018 for his re-election campaign.

There’s almost too much backstory on this to read if you need to catch up, but this and this will get you started. There are two obvious facts here to state. One is that contributions like this are in fact routine and common and under normal circumstances would not merit any scrutiny. You can feel about that however you want to feel about it. The second is that Ken Paxton deserves zero benefit of the doubt at this point. These contributions by themselves are perfectly legal and don’t mean anything, and yet in the context of the larger story they’re yet another piece of a big puzzle. The picture that puzzle represents is already quite clear.