Off the Kuff Rotating Header Image

Erin Lunceford

You still have time to donate to the Democratic judges’ legal fund

Just a reminder:

See here for the background. That link takes you here, and while the in-person fundraiser mentioned there is now over, the Donate link remains. But due to a change in state law, you only have until March 8 to make a contribution. That’s a new statutory deadline for all judicial fundraising – it used to be the case that judges who were involved in lawsuits could continue past that deadline, but the law was changed in the last session, so here we are. Please give a few bucks if you can and help them all out. Thanks!

You can help Democrats being sued by election losers

From the inbox, sent to me by former HD133 candidate Sandra Moore:

Below is a list of the judges and electeds being sued by the Republicans. These are nuisance suits but the Judges and Lina have had to hire attorneys to represent them against the claims. Marilyn and Tenesha have pro bono attorneys but the others are not allowed to be represented pro bono due to conflicts of interest. The judge hearing the case is in San Antonio which complicates matters re time to get there and back for hearings. The travel time alone for the attorneys will be in the thousands when ZOOM meetings are not allowed! The average attorney charges $500 per hour. The fee can’t be lowered due to “appearance of impropriety” issues. The judges listed as well as Lina have little in their campaign coffers. That’s how it is for the judges. One judge whose race is being challenged, David Fleisher, lives in 133. This is the state house district in which I ran back in 2018 and 2020.

I was on several endorsements interviews with some of these judges through a different organization. This is how I learned how little was in their campaign accounts. The Republicans picked the judges with some of the smallest accounts.

It is believed that the purpose of these suits is to drag out the cases, have judges dip into personal resources, and be exhausted financially and emotionally by the time of their next race.

The Harris County Democratic Party is NOT doing anything to assist the 22 electeds. If even one is bounced, Abbott could appoint a replacement for those in the criminal courts. Judges are being sued “in their individual capacity.” That is why each person named in a suit has to retain their own attorney.

CLUBS IN ACTION is trying to raise 95K to donate to them. The maximum that a judge can receive from a PAC is $5000, so that is the goal for each judge and for Lina. We all know that Lina received very little in campaign contributions, especially compared to Mealer.

During the election CIA knocked on 300,000 doors. WHD knocked on about 1500. We worked hard to make this happen. No one wants all this hard work to go to waste. So, if you are willing to make a donation to CIA that would be great.

I was invited to this meeting because of the effort to create and carry out block walking events.

If you decide to make a contribution a check can be sent to:

CLUBS IN ACTION
2504 Rusk St. #110
Houston, TX 77003.

CIA plans to hold a fundraiser, hopefully on Feb 19. But I will send out word when I learn more. There is a deadline of MARCH 8 to raise funds!!

[…]

1 Cause No. 2023-00964; Alexandra Mealer v. Lina Hidalgo. Alexander Mealer is represented by Elizabeth Alvarez. Judge Hidalgo is represented by Neal Manne.

2 Cause No. 2023-00925; Michelle Fraga v. Judge Christine Weems. Michelle Fraga is represented by Elizabeth Alvarez. Judge Weems is represented by John Raley.

3 Cause No. 2023-00924; Elizabeth Buss v. Judge David Fleischer. Elizabeth Buss is represented by Elizabeth Alvarez. Judge Fleischer is represented by John Raley.

4 Cause No. 2023-00841; Tami Pierce v. Judge DaSean Jones. Tami Pierce is representing herself with co-counsel, Paul Simpson. Judge Jones is represented by Oliver Brown.

5 Cause No. 2022-79328; Erin Lunceford v. Judge Tami Craft. Erin Lunceford is represented by Andy Taylor. Judge Craft is represented by Steve Kherker.

6 Cause No. 2023-00927; Bruce Bain v. Judge Corey Sepolio. Bruce Bain is represented by Elizabeth Alvarez. Judge Sepolio is represented by John Raley.

7 Cause No. 2023-00932; Chris Daniel v. Marilyn Burgess. Chris Daniel is represented by Elizabeth Alvarez. Clerk Burgess is represented by Neal Manne.

8 Cause No. 2023-00930; Mark Goldberg v. Judge Erika Ramirez. Mark Goldberg is represented by Elizabeth Alvarez. Judge Ramirez is represented by John Staley.

9 Cause No. 2023-00934; Brian Staley v. Judge Monica Singh. Brian Staley is represented by Elizabeth Alvarez. Judge Singh is represented by Anthony Drumheller.

10 Cause No. 2023-00936; Mark Montgomery v. Judge Kelley Andrews. Mark Montgomery is represented by Elizabeth Alvarez. Judge Andrews is represented by John Raley.

11 Cause No. 2023-00937; Matthew Dexter v. Judge Genesis Draper. Matthew Dexter is represented by Elizabeth Alvarez. Judge Draper is represented by John Raley.

12 Cause No. 2023-00952; Nile Copeland v. Judge Latosha Lewis Payne. Nile Copeland is represented by Elizabeth Alvarez. Judge Payne is represented by John Raley.

13 Cause No. 2023-00958; Rory Olsen v. Judge Jason Cox. Rory Olsen is represented by Jared Woodfill. Judge Cox is represented by Cris Feldman.

14 Cause No. 2023-00955; James Lombardino v. Judge Audrie Lawton-Evans. James Lombardino is represented by Jared Woodfill. Judge Lawton-Evans is represented by Anthony Drumheller.

15 Cause No. 2023-01202; Stan Stanart v. Clerk Teneshia Hudspeth. Stan Stanart is represented by Elizabeth Alvarez. Clerk Hudspeth is represented by Neal Manne.

16 Cause No. 2023-01066; Dan Simons v. Judge Sedrick Walker. Dan Simons is represented by Elizabeth Alvarez. Judge Walker is represented by John Raley.

17 Cause No. 2023-301111; Will Archer v. Judge James Horwitz. Will Archer is represented by Elizabeth Alvarez. Judge Horwitz is represented by John Raley.

18 Cause No. 2023-01103; Kyle Scott v. Carla Wyatt. Kyle Scott is represented by Elizabeth Alvarez. Ms. Wyatt is represented by Neal Manne.

19 Cause No. 2023-01076; Aaron Adams v. Judge LaShawn Williams. Aaron Adams is represented by Elizabeth Alvarez. Judge Williams is represented by Anthony Drumheller.

20 Cause No. 2023-01067; Dan Spjut v. Judge Juanita Jackson. Dan Spjut is represented by Elizabeth Alvarez. Judge Jackson is represented by John Raley.

21 Cause No. 2023-01052; Sartaj Bal v. Judge Toria Finch. Sartaj Bal is represented by Elizabeth Alvarez. Judge Finch is represented by Anthony Drumheller.

I will pass along information about the fundraiser when I have it. You can also contribute to any candidate you like directly – just google them or find their campaign Facebook page to get to a suitable Donate link for them. It’s deeply annoying that we have to do this – as a reminder, these cases are stinking piles of nothing and the losers pursuing them damn well know it – but it’s where we are. Let’s make it a little less hard for these Dems who clearly and correctly won their races.

Even the Republicans know their election contests are losers

This Chron story is about Dan Patrick telling a group of local Republicans that the 2022 election should be re-done in Harris County, because he has nothing better to say or do with his time. His claims, which the story notes he does not try to verify, aren’t worth the effort to copy and paste, but this tidbit caught my eye:

Without citing any examples of disenfranchised voters, the petition asks the court to declare the elections office made mistakes substantial enough to affect the outcome of the election.

According to Mealer’s petition, “there is no dispute that there were several dozens of polling locations who at some point in the day, ran out of paper and turned voters away.”

Tatum has maintained that while paper supplies ran low at some locations, the county has not been able to confirm whether any voters were turned away as a result.

Republican judicial candidate Erin Lunceford filed an election contest lawsuit in December after losing Harris County’s 189th judicial district court race to Democrat Tamika Craft.

In an email obtained by Craft’s attorneys and posted on the Harris County District Clerk’s website, Harris County Republican Party Chair Cindy Siegel gave candidates the party’s estimate of disenfranchised voters. Siegel’s email was sent on Jan 3, three days before the deadline to file election contest lawsuits.

“Based upon information to date we believe there were approximately 2,600 or more estimated voters turned away due to running out of ballot paper or machines not working for a period of time,” Siegel wrote.

It’s unclear whether that estimate would be enough to flip even the narrowest margins, as in Lunceford’s race, which Craft won by 2,743 votes out of more than 1 million ballots cast, or 0.26 percent of the vote.

The margins are far wider in some other races candidates are contesting. District Clerk candidate Chris Daniel lost by 25,640 votes, while County Clerk candidate Stan Stanart lost by 34,448 votes.

The election contests will be heard by Judge David Peeples of Bexar County. A trial date has not been set yet.

Emphasis mine, and see here for the previous entry. Note that as yet, not a single person has been identified as someone who showed up at a voting center on Election Day, was actually unable to cast a ballot while there because of paper issues, left before the problem was resolved, was unable to go to any of the 750 other voting locations in the county, and ultimately did not cast a ballot. Maybe such people exist and Republicans have been successful at keeping them all quiet until the lawsuits are heard, who can say. At this point, three months out, they seem as plausible as Bigfoot sightings, but let’s take Cindy Siegel at her word and assume the existence of 2600 actual people who were actually unable to cast a ballot on Election Day.

And if we do assume that statement to be a fact, then it is still the case that every single one of those Republican losers are still losers, with most of them still losing by more than a full percentage point, which is well above the standard for recounts that the loser doesn’t have to pay for. And that assumes that literally every one of those 2600 non-voters would have voted for the Republican candidate. Which would be so outlandishly unlikely as to appear to be its own conspiracy. I know that the Republicans are claiming that these problems took place at mostly Republican locations – another claim that is dubious at best and seemingly contradicted by news reporting on Election Day – but even the most partisan locations aren’t unanimous. In all likelihood, these votes would more or less split fifty-fifty, as a microcosm of the larger election, but let’s go ahead and assume the “friendly turf” claim as well. Suppose these votes split 80-20 for the Republicans, which would be plausible for an exclusive sample of such locations. That would mean that the Republicans netted about 1600 votes, which I need not point out is even farther away from closing the gap. If the margin is 60-40, the net gain is about 500 votes. Even under the most ludicrously generous assumptions, the math just plain doesn’t work.

And whatever else you may think about Dan Patrick, he’s not an idiot. He knows this. He also knows that his audience doesn’t care, and he knows that if he keeps repeating the lie, some people who don’t pay close attention will just think that the election was a mess and we don’t really know who won and maybe these “election integrity” laws that the Republicans keep passing have some merit. Winning takes many forms, after all. The Trib, which reported Patrick’s remarks but didn’t fact check them, and Campos, who called the Trib story “lazyarse reporting”, have more.

Additional Losing Candidates File Election Contests in Harris County

That’s the subject of the following email I got in my inbox yesterday, and I can’t do any better than that for a post title.

Additional Losing Candidates File Election Contests in Harris County

Houston, Texas – Today, several losing Republican candidates filed election contests to void the more than 1 million votes cast in Harris County’s November 2022 election. Thus far, the Harris County Attorney’s Office has identified filings by (and we expect more filings to be made today):

  • Mark Montgomery, former candidate for Harris County Criminal Court at Law No. 6 (lost to Judge Kelley Andrews)
  • Matthew Dexter, former candidate for Harris County Criminal Court at Law No. 12 (lost to Judge Genesis Draper)
  • Brian Staley, former candidate for Harris County Civil County Court at Law No. 4. (lost to Judge Manpreet Monica Singh)
  • Mark Goldberg, former candidate for Harris County Criminal Court at Law No. 8 (lost to Judge Erika Ramirez)
  • Bruce Bain, former candidate for the 269th District Court (lost to Judge Cory Sepolio)
  • Michelle Fraga, former candidate for the 281st District Court (lost to Judge Christine Weems)
  • Elizabeth Buss, former candidate for the Harris County Criminal Court at Law No. 5 (lost to Judge David Fleischer)
  • Chris Daniel, former candidate for Harris County District Clerk (lost to Marilyn Burgess)

These filings are in addition to previously announced contests by:

  • Erin Lunceford, former candidate for the 189th District Court (lost to Judge Tamika Craft)
  • Tami Pierce, former candidate for the 180th District Court (lost to Judge DaSean Jones)
  • Alexandra Mealer, former candidate for Harris County Judge (lost to Judge Lina Hidalgo)
  • Mike May, former candidate for State Representative District 135 (lost to Representative Jon Rosenthal)

Below is the statement from the County Attorney released this morning:

“This is a shameful attempt by a group of losing candidates who couldn’t win the hearts and minds of Harris County voters and are now throwing nonsensical legal theories at the wall to see what sticks. Each of them should be deeply embarrassed and these claims should not be taken seriously by the public,” said Harris County Attorney Christian D. Menefee. “These losing candidates are finally laying bare what we all know to be true – for them, it’s not about improving elections or making sure our elections are secure, it’s about playing games with our democratic systems and refusing to accept the will of the voters.”

The contests being filed request that the more than one million votes cast in Harris County be voided and the county hold another election for the races being challenged (e.g., Harris County Judge, 189th District Court, 180th District Court, etc.).

“These election contests are frivolous attempts to overturn the votes of more than a million residents in the third largest county in the country. The county will now have to spend substantial resources handling these contests, time that could instead be spent serving the people of Harris County,” added County Attorney Menefee. “Voters have moved on. Public servants have moved on. These losing candidates should move on too.”

See here and here for the background. The judge in the Lunceford contest was assigned on December 13, I don’t know what has happened since then. I do know that at least one more loser has filed a loser’s contest, but I don’t care to give any of this any more validity. You can read the Chron story here and their explainer about election contests here. I think the Trib story contains the most relevant bit of information:

The Election Day problems were unlikely to have been substantial enough to swing the results of the Harris County judge’s race, according to Bob Stein, a political science professor at Rice University.

Nearly 70% of voters cast their ballots during the early voting period, but Mealer only cites issues on Election Day itself.

“I’m extremely doubtful that there is a legitimate legal challenge here,” Stein said. “It’s not like voters were told they couldn’t vote or that they had to go home. They were discouraged because the lines were long, or because they were told they’d have to wait.”

Those challenges do not amount to voter suppression, Stein said, but merely suggest that Harris County should operate fewer, better-resourced polling locations.

To make its case, Mealer’s legal team will have to find evidence that more than 18,000 voters were unable to cast ballots on Election Day, and that all of those voters planned to vote for Mealer, Stein said.

And every voter who might have been discouraged by issues at one location could have gone to another one, which would have been at most a couple of minutes away by car. Even at the highest end of the estimate of locations that had issues, more than 90% of them did not. We have multiple locations at which anyone can vote precisely as a hedge against problems at any one specific location. In the old days, when you had to vote at your precinct location, you really were screwed. Now you can just go somewhere else. Even in the case of the loser who lost to DaSean Jones by 449 votes, it’s extremely hard to imagine there could have been enough people who encountered problems and could not vote anywhere else and would have voted for the loser to make a difference. This is all bullshit and should be seen as such. Campos and the Texas Signal have more.

Judge assigned to hear election loser contest

From the inbox, a press release from Harris County Attorney Christian Menefee:

Judge David Peeples will preside over the election contest filed by Republican candidate Erin Lunceford to void the results of her race for the 189th District Court in the November 2022 Harris County General Election. Judge Peeples has set an initial status conference for today, Tuesday December 13, at 3:00 p.m.

“This will be an important case, and I’m glad to see it’s progressing,” said Harris County Attorney Christian D. Menefee. “The County will participate in the case, and we plan to make clear that it would be a grave injustice to throw out more than a million legally cast votes, especially given Ms. Lunceford’s completely baseless theories. Each of those votes represents a Harris County resident who participated in our democratic process. That is a sacred act, and we’re going to fight to protect it.”

Judge Peeples is based in San Antonio, and was appointed by the Honorable Susan Brown, the Presiding Judge of the Eleventh Administrative Judicial Region of Texas. Texas law disqualifies the judges in a county from presiding over an election contest filed in that county.

This contest is one of two current requests by losing Republican candidates to throw out the results of the November 2022 election in certain races. The other challenge is regarding State Representative District 135, which will be heard in the State House of Representatives.

“This election took countless hours of work not only by county employees, but by election judges and workers from both parties. We should be looking for ways to support these public servants rather than constantly undermining the hard work it takes to run an election in the third largest county in the country,” added County Attorney Menefee.

See here for the background. If the name sounds familiar, it may be because Judge Peeples was the jurist who ruled that the abortion bounty hunter law SB8 violated the state constitution last December, though he did not issue a statewide injunction against it. I did not see any news items related to this, so what you see here is all I know. Hopefully we will hear more about how this is progressing quickly.

And now we have a judicial loser contesting the election

The Republicans did warn us they’d be sore losers.

Republican judicial candidate Erin Lunceford filed a petition Wednesday seeking a new election in Harris County’s 189th judicial district court race after losing by 2,743 votes out of more than 1 million ballots cast.

Lunceford’s opponent, Democrat Tamika Craft, won the election by 0.26 percent of the vote.

The petition, which names Lunceford as the contestant and Craft as contestee, claims numerous violations of the Texas Election Code, including a failure to provide a sufficient amount of ballot paper to 25 polling locations.

Harris County Republican Party Chair Cindy Siegel indicated there could be more election contests to come.

“During the last month, we’ve had a lot of our candidates that were in very close races that have been talking to us wanting to know the information that we’ve accumulated and have reported,” Siegel said. “Several of them are considering election contests.”

Andy Taylor, general counsel for the Harris County GOP, is representing Lunceford.

Taylor accused Harris County Elections Administrator Cliff Tatum, who took over the office starting in August, of intentionally causing ballot paper shortages in Republican-leaning neighborhoods.

“If it was just mismanagement, it was just gross incompetence, wouldn’t one think that the lack of paper would apply equally and uniformly across the map, so that there would be roughly an equivalent number of Democratic stronghold precinct neighborhoods as well as Republican precinct stronghold neighborhoods?” Taylor said. “And, yet, that’s not the way it’s breaking.”

Taylor alleged 80 percent of polling places with paper shortages on Nov. 8 were in areas considered Republican strongholds.

“I want to send a message to the Harris County elections administrator,” Taylor said. “Mr. Tatum, your day of reckoning has just started.”

In a statement, Harris County Attorney Christian Menefee said his office will keep a close eye on Lunceford’s election contest.

“I’m disappointed to see another losing candidate challenging the results of their election. Judge Lunceford previously served on the bench, so I trust she understands the seriousness of asking a court to disregard the votes of over a million residents across Harris County,” Menefee said. “This case will focus on the details of every aspect of the November 8 election in Harris County. My office will be involved in the case every step of the way to ensure people’s votes are protected.”

The petition is filed in Harris County, but the case will be heard by a judge from outside the county, according to Menefee’s office.

So many things to say, so I’ll bullet-point it:

– This is different from the ridiculous election contest filed in HD135 by a candidate that lost by 15 points and over 6,000 votes. That one would be heard in the House by a House committee, if Speaker Phelan for some reason doesn’t toss it as a frivolous waste of time. This one will be heard in a courtroom.

– As a reminder and a general principle, never believe a word Andy Taylor says.

– To put it another way, good luck proving intent. Also, reports from the field on Election Day about paper issues were very much coming from Democratic sites. The Texas Organizing Project didn’t file its lawsuit to extend voting hours because of problems in The Villages and Cy-Fair.

– Random fact: In 2020, Democrat Jane Robinson lost her race for Chief Justice of the 14th Court of Appeals by 1,191 votes out over over 2.3 million cast, a margin of 0.06 percent of the vote. You know what she did? She conceded gracefully and went on with her life.

– Another reminder: There were 782 voting locations on Election Day, and you could vote at any of them. There were a half-dozen voting locations within walking distance of my house on Election Day. Anyone who ran into a problem at one location could have gone to another. By all accounts, there were maybe 20-25 sites that have paper issues. That left a mere 750 or so alternatives, including ones that would have been very close by.

– In other words, please find me the people who showed up to vote at a location that was having paper problems, and did not wait for them to be fixed, did not go to another location, did not come back later, and as a result did not vote. You really gonna claim that there were over two thousand of them, and all of them were going to vote for Erin Lunceford?

– Did I mention that the Republicans opposed the extension of voting hours in Harris County (and not in red-voting Bell County, which also had voting location issues), and also opposed the counting of provisional ballots cast by people who voted after 7 PM? As I said before, the obvious way to deal with delays in opening a given voting location is to push back the closing time for it. But the Republicans opposed that at every turn.

– Can you imagine what the Republican response to this would be if it were a Democrat complaining about voting location problems? You could have voted elsewhere! You could have voted early! It’s your own damn fault you didn’t vote! Look at how zealously they opposed all of the efforts to expand voting access in the pandemic, including the third week of early voting that Greg Abbott ordered. You’re immunocompromised and you want to vote by mail or from your car because you’re afraid of a deadly disease? Too bad!

– The remedy, if they somehow win on these laughable claims, would be to redo the entire damn election. To say the least, that is a massive, massive upending of the regular democratic order. The amount of evidence they’d need to provide to come close to justifying such an ask, I can’t even begin to comprehend.

– But really, this is all about making noise and trying to cast doubt on the election administrator’s office and government in general in Harris County. It’s just the Big Lie in a slightly sanitized package.

Endorsement watch: Civil court incumbents

Keeping up with the weekly endorsement schedule, we have round one of Civil Court endorsements, as there are many Civil Court races this year.

HarrisCounty

11th Civil District Court: Kevin Fulton

The candidates in this race to replace outgoing Judge Mike Miller are both living proof of the American Dream. Republican Kevin Fulton, our choice for the bench, grew up in gritty South Central Los Angeles. The family of his Democratic opponent Kristen Hawkins fled Communist Hungary. Both candidates went on to graduate from law school and start their own firms. Both have the right temperament and work ethic to succeed on the bench.

61st Civil District Court: Erin Elizabeth Lunceford

Gov. Greg Abbott chose well when he appointed Erin Elizabeth Lunceford, 55, to this court in July 2015, and voters should give her a full term. A graduate of the University of Houston Law Center, Lunceford, a Republican, has 27 years of practice, is board certified in Personal Injury Trial Law and is also an associate member of the American Board of Trial Advocates.

80th Civil District Court: Larry Weiman

When civil judges want to brag about their number of jury trials, the size of their dockets and their overall productivity, they compare themselves to Judge Larry Weiman.

125th Civil District Court: Kyle Carter

Democrat Kyle Carter – first elected to the bench in 2008 – gets our nod for another term. This graduate of the South Texas College of Law genuinely seems to love his job and to view it as an opportunity not only to administer justice but to help people. Carter, 40, said that he’s started an organization, Judges At Work in Schools, and visits local schools to educate students about the judicial system, career opportunities and the importance of education.

127th Civil District Court: R.K. Sandill

Judge R.K. Sandill, 40, admits that he’s developed a reputation for being curt. He expects lawyers to come prepared and has no patience for counsel who waste his and their client’s time. But over his two terms, this hard-working, qualified judge has learned how to keep the docket moving without being too harsh on the attorneys.

129th Civil District Court: Michael Gomez

Voters should return Democrat Michael Gomez to the bench for four more years. Although his numbers in the Houston Bar Association judicial qualification poll weren’t stellar when he was first elected in 2008, Gomez has grown into the role and last year he was awarded Judge of the Year by the Hispanic Bar Association of Houston. According to Gomez, 42, anyone who “loves his job the way I do is always looking for a way to do things better.”

133rd Civil District Court: Jaclanel McFarland

Judge Jaclanel McFarland brings a lot of personality and small-town common sense to her court. In meeting with the Chronicle editorial board, the two-term Democratic judge explained how she hates it when opposing counsel just rely on email instead of actually talking to each other.

The 11th is an open bench, while the 61st was filled by appointment after Judge Al Bennett was elevated to federal court. The rest are all Democratic incumbents. The next batch contains four Democratic incumbents (Englehart, Schaffer, Smoots-Hogan, Palmer), one Republican incumbent (Halbach), and two Republican appointees (Mayfield Ibarra and Dorfman). There’s one incumbent I don’t expect the Chron to endorse (Palmer); beyond that, we’ll see.