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filing deadline

After-deadline filing review: Fort Bend County

Fort Bend County had a big Democratic breakthrough in 2018 (though the gains weren’t fully realized, as some Republican incumbents were not challenged), but you could have seen it coming in 2016, when Hillary Clinton carried the county by almost seven points over Donald Trump. That did not extend to the downballot candidates, however, as all of the Republicans held on, but by very close margins; outgoing Sheriff Troy Nehls’ 52.05% was the high water mark for the county. With a full slate of candidates, a ringing victory in 2018, and four more years of growth, Fort Bend Dems look poised to continue their takeover of the county. Possibly helping them in that quest is the fact that none of the three countywide incumbents are running for re-election. Here’s a brief look at who the Dems have running in these races.

Previous entries in this series are for the greater Houston area, Congress, state races, the Lege, and the courts.

County Attorney

The first race we come to is Fort Bend County Attorney, where the outgoing incumbent is Roy Cordes, who has been in office since 2006. Cordes was not challenged in 2016. A fellow named Steve Rogers is unopposed in the Republican primary. (Former Harris County Attorney Mike Stafford, whom Vince Ryan ousted in 2008, had filed for this race but subsequently withdrew.)

I am thankful that the Fort Bend Democratic Party has a 2020 candidates webpage, because the first person listed for this office is David Hunter, for whom I could not find any campaign presence via my own Google and Facebook searching. (In case you ever wondered what the value of SEO was.) The searching I did do led to this video, in which Hunter explains his practice as a DUI attorney. Sonia Rash has a civil rights background and clerked in the 269th Civil Court in Harris County. Bridgette Smith-Lawson is the Managing Attorney for the Texas Department of Family and Protective Services Regions 5 and 6.

Sheriff

This is also an open seat, as incumbent Troy Nehls of “Fsck Trump bumper sticker” fame is one of a bazillion Republicans running for CD22. Someone smarter than me will have to explain why he hasn’t had to resign from office after making his announcement. Three Republicans are in the primary for Sheriff, including Troy Nehl’s twin brother Trever Nehls. Yeah, you really can’t make this stuff up.

There are three Democrats running: Eric Fagan, Geneane Hughes, and Holland Jones. I’m going to crib from this Chron story to tell you this much: “The Democratic primary features retired Houston Police officer and former president of the African American Police Officers’ League, Eric Fagan, U.S. Army veteran and former commander of criminal investigations for the Missouri City Police Dept. Geneane Hughes and U.S. Navy veteran Holland Jones, a former captain for the office of Harris County Precinct 7 Constable, who is also a licensed attorney currently working as an adjunct professor for Texas Southern University.” Without knowing anything more about them, all three would be a clear upgrade over Troy Nehls.

Tax Assessor

As previously noted, all of these offices are now open seats. Longtime incumbent Patsy Schultz, first elected in 2004, has retired. Commissioners Court appointed Carrie Surratt as a replacement, but she has apparently not filed to run this year. Four Republicans are on the ballot for this seat.

Two Democrats are running. Neeta Sane served two terms on the HCC Board of Trustees, stepping down at the end of her term in 2019 to run for this office. She had run for FB County Treasurer in 2006. She has degrees in finance and chemistry and is a Certified Life Coach, which is her current profession. Carmen Turner is a licensed property agent, and I can’t tell a whole lot more about her from her webpage.

Commissioners Court

Here we finally see Republican incumbents running for re-election. Vincent Morales is up for his first re-election bid in Precinct 1, and Andy Meyers, who’s been around forever, is up in Precinct 3. Dems have a 3-2 majority on the Court thanks to KP George winning the office of County Judge and Ken DeMerchant winning in Precinct 4 in 2018. It had been 3-2 Republican from 2008 through 2016, with Richard Morrison winning two terms in the Republican-leaning Precinct 1, then 4-1 GOP after Morales’ win in 2016. Precinct 1 is a definite pickup opportunity, though not as clear-cut as Precinct 4 was in 2018. I’d call it a tossup, and here I’ll admit I did not look at the precinct data from 2018, so we’ll just leave it at that. Precinct 3 is the Republican stronghold and I’d expect it to stay red, with a small chance of flipping.

Democrats running in Precinct 1 include Jennifer Cantu, an Early Childhood Intervention therapist who was the Democratic candidate for HD85 in 2018 (interview for that here); Lynette Reddix, who has a multifaceted background and has served as President of the Missouri City & Vicinity branch of the NAACP; Albert Tibbs, realtor, minister, and non-profit CEO; and Jesse Torres, who doesn’t have any web presence but appears to be a Richmond city commissioner and former Lamar Consolidated trustee. The sole candidate for the much more aspirational Precinct 3 is Hope Martin, an Air Force veteran and healthcare administrator.

There are also candidates for Constable and JP and the various courts, which I am going to skip. I still may come back and review the Harris County Constable and JP candidates if I have the time. As always, I hope this has been useful to you.

Judge Powell back on the ballot

So be it.

Judge George Powell

A civil court judge Wednesday ordered that sitting criminal district Judge George Powell be included on the March primary ballot after the Harris County Democratic Party denied his application for candidacy last month.

Party officials had to accept Powell’s application within 24 hours, and he needs to appear as a choice for voters during the election, Judge Lauren Reeder ordered. But the ruling is technically temporary and could be subject to appeal by the party or Powell’s primary opponent, who was a third-party “intervener” in Powell’s suit against the party.

“I’m very happy that the judge granted our request for an injunction and that he gets the chance to run again,” said Kent Schaffer, Powell’s attorney. “Ultimately, it’s the voters who should decide who the candidate’s going to be, and not a select few people who feel like it’s their right.”

During a Tuesday court hearing, the local chapter of the Democratic Party sought to justify its decision in leaving Powell off the ballot, urging him to take responsibility for his application’s failure. A statement party officials issued after Wednesday’s ruling made little mention of the outcome, however, and pointed to issues with the election code.

Party leaders weren’t able to approve Powell’s candidacy because state rules prevented it, they said. The judge paid an insufficient filing fee too close to the filing deadline, meaning his application was denied and the problem couldn’t be fixed without breaking state rules, party chair Lillie Schechter testified Tuesday.

“The Harris County Democratic Party regrets the situation Judge Powell found himself in,” party officials said in a statement. “Without question, we believe all eligible candidates should have access to the ballot.”

See here for the background, and here for a pre-hearing version of the story, which was also covered by Texas Lawyer. On the one hand, I agree with the HCDP: The rules are easy to understand. He could have filed earlier than the very last minute, when there was no time to fix this easily-corrected mistake. The party doesn’t have much discretion according to the law. On the other hand, I hate seeing people bumped from the ballot for nit-picky reasons. The law in question should be amended to allow a post-deadline grace period to correct technical errors like this (though again, if you know you’re going to run, file at least a day before the deadline and save yourself the trouble).

This is probably the end of the story. The HCDP does not plan to appeal, and intervenor/primary opponent Natalia Cornelio does not appear to be appealing, either. Fine by me, let’s get on to the campaign. One more thing first:

Powell’s lawyers hinted in Tuesday’s injunction hearing that the party might have an interest in keeping the judge from running for re-election, even though paying the incorrect amount might have been no more than a convenient mistake. Schaffer clarified afterward that he believes Ellis is pulling strings in the local Democratic Party, and wants his employee to run unopposed for the 351st state judicial district.

Ellis and Cornelio both helped draft a landmark settlement over Harris County’s misdemeanor bail system, which a federal judge said was unconstitutional and discriminated against poor defendants.

Powell was one of 11 current and former judges in the area who were admonished by the State Commission on Judicial Conduct in 2019 related to complaints that they instructed hearing officers to deny no-cost bail to indigent defendants. That admonishment has since been retracted for unknown reasons.

Randle called the claims “ludicrous,” and Cornelio’s attorney, Mynor E. Rodriguez, said he hadn’t heard those accusations.

Yeah, that admonishment, whatever happened to it. I wasn’t inclined to vote for Powell before any of this happened. I’m less inclined to vote for him now.

After-deadline filing review: Courts

Let’s return to the wonderful world of scoping out our candidates. Today we will concentrate on judicial races. Previous entries in this series are for the greater Houston area, Congress, state races, and the Lege.

Supreme Court and Court of Criminal Appeals

I’ve actually covered all of these races, and given bits of info about the candidates, here and here. Go read those posts for the details, and here as a reminder are the candidates’ names and Facebook pages:

Supreme Court, Position 1 (Chief Justice) – Amy Clark Meachum
Supreme Court, Position 1 (Chief Justice) – Jerry Zimmerer

Supreme Court, Position 6 – Brandy Voss
Supreme Court, Position 6 – Staci Williams

Supreme Court, Position 7 – Kathy Cheng
Supreme Court, Position 7 – Lawrence Praeger

Supreme Court, Position 8 – Gisela Triana
Supreme Court, Position 8 – Peter Kelly

Court of Criminal Appeals, Place 3 – William Demond
Court of Criminal Appeals, Place 3 – Elizabeth Frizell
Court of Criminal Appeals, Place 3 – Dan Wood

Court of Criminal Appeals, Place 4 – Brandon Birmingham

Court of Criminal Appeals, Place 9 – Tina Yoo Clinton
Court of Criminal Appeals, Place 9 – Steve Miears

First and 14th Courts of Appeals

Covered to some extent here, but there has been some subsequent activity, so let’s get up to date.

Veronica Rivas-Molloy – 1st Court of Appeals, Place 3
Dinesh Singhal – 1st Court of Appeals, Place 3
Jim Sharp – 1st Court of Appeals, Place 3

Rivas-Molloy and Singhal were mentioned previously. Jim Sharp is the same Jim Sharp that won in 2008 and lost in 2014.

Amparo Guerra – 1st Court of Appeals, Place 5
Tim Hootman – 1st Court of Appeals, Place 5

Both candidates were also previously mentioned. This is the seat now vacated by Laura Carter Higley.

Jane Robinson – 14th Court of Appeals, Place 1, Chief Justice
Jim Evans – 14th Court of Appeals, Place 1, Chief Justice

Jane Robinson has been mentioned previously. Jim Evans was a candidate for Family Court in 2014, and was appointed as an associate judge on the 507th Family Court in 2017, making him the first openly gay family court judge in Texas. He doesn’t have a campaign presence yet as far as I can tell.

Wally Kronzer – 14th Court of Appeals, Place 7
Tamika Craft – 14th Court of Appeals, Place 7
Cheri Thomas – 14th Court of Appeals, Place 7
V.R. Faulkner – 14th Court of Appeals, Place 7
Dominic Merino – 14th Court of Appeals, Place 7
Lennon Wright – 14th Court of Appeals, Place 7

Not sure why this court has attracted so many contestants, but here we are. Kronzer was the only candidate I knew of in that previous post; Cheri Thomas came along a bit later, and the others were all later in the filing period. Texas Judges can tell you some more about the ones that don’t have any campaign presence.

Harris County District Courts

The following lucky duckies have no opponents in the primary or the November general election:

Kristin Hawkins (11th Civil)
Kyle Carter (125th Civil)
Mike Englehart (151st Civil
Robert Schaffer (152nd Civil)
Hazel Jones (174th Criminal)
Kelli Johnson (178th Criminal)
Ramona Franklin (338th Criminal)

The next time you see them, congratulate them on their re-election. The following almost-as-lucky duckies are in a contested primary for the 337th Criminal Court, with the winner of the primary having no opponent in November:

Brennen Dunn, who had been in the primary for the 185th Criminal Court in 2018; see his Q&A here.
Colleen Gaido.
Veronica Sanders.
David Vuong
John A. Clark, whom I cannot positively identify. I hope everyone sends in Q&A responses, but I’m not voting for any candidate I can’t identify. I hope you’ll join me in that.

The following do not have a primary opponent, but do have a November opponent:

Fredericka Phillips (61st Civil).
RK Sandill (127th Civil), who in 2018 was a candidate for the Supreme Court.
Michael Gomez (129th Civil).
Jaclanel McFarland (133rd Civil)
Elaine Palmer (215th Civil).

Natalia Cornelio is currently unopposed in the primary for the 351st Criminal Court following the rejection of incumbent Judge George Powell’s application. That may change pending the outcome of Powell’s litigation in the matter.

The following races are contested in both March and November:

Larry Weiman (80th Civil, incumbent).
Jeralynn Manor (80th Civil).

Alexandra Smoots-Thomas (164th Civil, incumbent). Formerly Smoots-Hogan, now dealing with legal issues of her own.
Cheryl Elliott Thornton (164th Civil), who has run for Justice of the Peace and County Civil Court at Law in the past.
Grant Harvey (164th Civil).

Ursula Hall (165th Civil, incumbent).
Megan Daic (165th Civil).
Jimmie L. Brown, Jr. (165th Civil).

Nikita Harmon (176th Criminal, incumbent).
Bryan Acklin (176th Criminal).

Randy Roll (179th Criminal, incumbent).
Ana Martinez (179th Criminal).

Daryl Moore (333rd Civil, Incumbent).
Brittanye Morris (333rd Civil).

Steven Kirkland (334th Civil, incumbent). It’s not a Democratic primary without someone challenging Steve Kirkland.
Dawn Rogers (334th Civil).

Te’iva Bell (339th Criminal).
Candance White (339th Criminal).
Dennis Powell (339th Criminal), whom I cannot positively identify.
Lourdes Rodriguez (339th Criminal), whom I also cannot positively identify.

Julia Maldonado (507th Family, incumbent).
Robert Morales (507th Family).
CC “Sonny” Phillips (507th Family).

That about covers it. I should do a separate entry for JPs and Constables, and I did promise a Fort Bend entry. So there will likely be some more of this.

UPDATE: I missed Robert Johnson, the incumbent Judge of the 177th Criminal District Court (the court that now has Ken Paxton’s trial), in the first go-round. Johnson had an opponent file for the primary, but that application was subsequently rejected. He has no November opponent, so you can add him to the list of people who have been re-elected.

We have a filing failure

In typical fashion, it’s bizarre.

Judge George Powell

One of the more bizarre things to happen during the recent filing period: Judge George Powell had his filing rejected because of a filing fee mistake. So he sued.

Powell filed on the last day, and according to the suit, he was told by a party person incorrectly that the fee is $1500, when it was $2500. However, the party would not allow him to correct the mistake, so the lawsuit was filed. They did not have to go far.

Powell and his lawyer, the venerable Kent Schaffer, had a TRO hearing today. After one judge recused, another did conduct a hearing, they were granted a TRO.

Full hearing in early January.

If Judge Powell is not allowed back on the Democratic primary ballot, his challenger [Natalia Cornelio] (who currently works for Comm. Rodney Ellis) would become the de facto Dem. nominee.

That’s from Miya Shay’s Facebook page – as of Tuesday morning, I didn’t see any news stories on this. Stace notes that Judge Powell, who was elected in 2016, should have known the rules, which have not changed any time recently. (That filing fee is not mandatory, by the way. You can collect 750 petition signatures – attend any Dem event in the months before the filing period and you will have multiple opportunities to sign judicial candidate petitions for this – and pay no fee, or collect 250 and pay the $2,500.) To be sure, he should have been given the correct information by whoever processed his filing at the HCDP, and they should do a review to see what went wrong. But in the end, this reinforces two things that I and others say over and over again:

1) The rules for filing for office are well-known and easy to learn. Any marginally competent campaign professional can properly advise you on how to comply with them. There’s really no excuse for this kind of failure.

2) Don’t wait to file till the very last minute if you can help it. Had Judge Powell filed a day earlier, he would have had the time to get this fixed. As it is, his fate is in the hands of another judge. If you someday decide you might want to run for office, don’t let this happen to you. Give yourself some extra time when you file.

(FWIW, Judge Powell was admonished by the State Commission on Judicial Conduct, along with several other felony court judges, for violating state law by ordering hearing officers to deny no-cost bail to thousands of poor defendants. I was inclined to support a primary opponent in his race anyway, so whether he makes it back onto the ballot or not is of no great interest to me. There were two other incumbent judges who received that sanction, Herb Ritchie (who is stepping down) and Hazel Jones, who did not get a primary opponent.)

UPDATE: On a not-really-related note, HCDE Trustee Josh Flynn has been disqualified from the Republican primary ballot for HD138. He would have had to resign to have been allowed on the ballot.

After-deadline filing review: RRC, SBOE, Senate

Moving on to state offices that are not the State House (that’s next). See here and here for previous entries.

RRC: The only statewide non-federal office on the ballot, as is usually the case in Presidential years. There are four candidates, three of whom we’re acquainted with. I’ve previously mentioned two of the candidates, Chrysta Castañeda, whom I met at the recent CEC meeting, and Kelly Stone, whom I’ve not met but have spoken to over the phone. There’s former State Rep. Roberto Alonzo, who was defeated in the primary last year by State Rep. Jessica Gonzalez. The fourth candidate is Mark Watson, whom I cannot conclusively identify. Thankfully, Grady Yarbrough did not file.

SBOE: Late in the day, Rebecca Bell-Metereau filed for SBOE5; she has run for this office a couple of times before, including in 2016, when she lost by four points as Hillary Clinton carried the district. This would be the year to run. I still can’t find anything related to Letti Bresnahan’s campaign, not even confirmation that the person I believe to be the candidate for this office is indeed that candidate. There are two candidates for SBOE10, the third district that Beto carried but the longest reach of the three. One is Stephen Wyman, who has run a couple of times for HD20 in Williamson County, and the other is Marsha Burnett-Webster, who appears to be the wife of Cecil Webster, former Fayette County Democratic Party Chair who has run for HD13 a couple of times. Finally, the Democratic candidate in SBOE8, Sharon Berry, has dropped out.

Senate: I’m going to go through the individual races that I didn’t discuss in the Houston-area post.

Audrey Spanko is running in SD01 – here’s a news story about her. She sounds like a terrific candidate, running in a tough district.

There are two candidates running in SD12, which is the closest thing to a swing-ish district we have – it’s a bit more Republican than SD19 is Democratic, and a teensy bit bluer than SD11. If we’re seriously talking about it being competitive next year, Democrats are having an amazing cycle. Anyway, Shadi Zitoon and Randy Daniels are vying to be the nominee.

SD19 is the noisy epicenter of the otherwise quiet Senate campaign space. In the context of a Presidential year, it should be a ten-to-twelve-point Dem district, and it’s a must have. There are four candidates running, and we’re familiar with two of them, State Rep. Roland Gutierrez, and Xochil Peña Rodriguez,, daughter of former Rep. Ciro Rodriguez. The others are Freddy Ramirez, a Bexar County prosecutor, and Belinda Shvetz.

SD22 and SD24 are not competitive districts. Robert Vick and Clayton Tucker have the arduous tasks of running in them.

Sen. Eddie Lucio is finally getting the serious primary challenge he deserves in SD27. Ruben Cortez and Sara Stapleton Barrera hope to usher him out.

SD29 is open following the retirement of Sen. Jose Rordiguez. State Rep. Cesar Blanco has the field to himself.

Next up, the Lege. As always, let me know what you think.

All have filed who are going to file

Barring any late challenges, disqualifications, or lawsuits, what we have now is our lineup for the March primary. Most of what there is to say was covered in yesterday’s post, but here are the highlights and there is some big news.

– Pretty much all of the “not yet filed” people did indeed file. There are three notable absences that I can see, though do keep in mind that the SOS page may be behind and shouldn’t be considered final until we have confirmation. Be that as it may, two people I don’t see are Judge Elaine Palmer (215th Civil Court; no one is listed on the Dem side for this court as of Monday night) and Precinct 1 Constable Alan Rosen. Hold those in mind, because there are news stories about some of the other interesting bits. Until I hear otherwise, the absence of any mention of those two suggests to me there’s no news, just a not-fully-updated SOS filing page.

– News item #1: Commissioner Steve Radack retires.

Steve Radack will not seek a ninth term as Harris County commissioner for Precinct 3, vacating a powerful position he has held for three decades that Democrats hope to flip next year.

Radack, 70, said he plans to invest his time and significant campaign account into helping Republicans regain seats after disastrous elections in 2016 and 2018.

“I’m not through being involved in public service, and I felt that there’s a lot I can do to help the Republican Party,” Radack said.

[…]

Radack and Harris County’s other Republican commissioner, Jack Cagle, endorsed Spring Valley Village Mayor Tom Ramsey for the seat.

Brandon Rottinghaus, a political science professor at the University of Houston, said Radack’s impending retirement speaks to the shifting county electorate, which has helped Democrats sweep every countywide race since 2016.

“It is getting harder and harder for Republicans to compete in a rapidly changing county,” Rottinghaus said.

[…]

Several candidates from both major parties have joined the race. Ramsey, City Councilwoman Brenda Stardig and former West University Place Mayor Susan Sample will run in the Republican primary. The Democratic race will feature Michael Moore, chief of staff to former Mayor Bill White, former state Rep. Kristi Thibaut, educator Diana Martinez Alexander and three other candidates.

I wish Commissioner Radack well in his retirement. And I am very much looking forward to seeing a Democrat elected to succeed him.

– News item #2: Council Member Jerry Davis will challenge State Rep. Harold Dutton in HD142.

Houston City Councilman Jerry Davis filed Monday to run as a Democrat for House District 142, a northeast Harris County seat long represented by state Rep. Harold Dutton.

Davis, who has represented District B since 2011, is prevented from seeking re-election due to Houston’s term limits. His council district overlaps part of the House district, which includes the Fifth Ward and runs east and then north to FM 1960.

The move ensures Dutton, D-Houston, will have his most challenging primary in years. He was first elected to the Legislature in 1984 and frequently has coasted to victory without primary opposition. Last cycle, he beat primary challenger Richard A. Bonton, 65 percent to 35 percent.

Bonton is running for the seat again this cycle.

I always figured CM Davis would run for something else when his time on Council ended, it was just a matter of what opportunity there would be. I’ll have more to say about this later, but for now this is an exciting race.

– News item #3:

Well, I did hear that a “big name” was set to enter this race. Now we know.

– News item #4:

And now Beto has endorsed Sima. I’ve already published one interview in CD02, and I have another in the works. I’ll figure out something for this.

– Five Democratic incumbents in Congress do not have primary opponents: Reps. Lizzie Fletcher (CD07), Vicente Gonzalez (CD15), Veronica Escobar (CD16), Sylvia Garcia (CD29), and Colin Allred (CD32). Everyone else needs to be gearing up for March. As was the case in 2018 and for the second time ever, Dems have at least one candidate in all 36 districts.

– All of the statewide offices except CCA Place 9 are contested, with several having three candidates. Already, the potential for multiple primary runoffs is high.

– According to the TDP, in the end Dems have candidates in all but one of the Senate districts that are up (only SD28 is uncontested), and they have candidates in 119 of the 150 State House races. HD23 drew a candidate, but HDs 43 and 84 apparently did not. In Harris County, only HD127 is uncontested.

– There is now a third candidate for HD148, an Emily Wolf. I cannot conclusively identify her – maybe this person? – so it’s impossible to say more than that.

– And on the Republican side, State Rep. Mike Lang in HD62 is your promised surprise retirement. Dems do have a candidate in this not-swing district.

– Looking at the Republican filings, quite a few Democratic judges have no November opposition. We have officially come full circle.

Again, remember that the SOS page may not be complete. The parties have five days to notify the SOS of their candidates. It’s possible there are still surprises lurking, to be confirmed and reported. If you’re not sure about a particular candidate, google them or find them on Facebook, to see if there’s been an announcement. I’ll have more as we go this week.

The “Has Not Yet Filed” list

Today is the actual, official filing deadline. Anyone who has not filed for a spot in the primary by 6 PM today is not a candidate for a Democratic nomination in 2020. A whole lot of people have already filed, and a whole lot more will file today – I’m going to have a lot to talk about with this tomorrow and for the rest of the week – but there are still a few notable absences (with the caveat that the SOS list may not be complete). So with that in mind, here are the “why aren’t they there yet?” list to ponder as the hours tick down.

US Senate: MJ Hegar is not yet listed. John Love, the Midland City Council member who announced his candidacy in October, has ended his campaign, on the grounds that he lacked the time and finances. Good for him for recognizing his situation, and I hope he looks at 2022 for another possible statewide campaign. Eleven candidates have filed so far, Hegar will make it 12 when she makes it official.

US Congress: Reps. Joaquin Castro (CD20) and Colin Allred (CD32) are not on the list as of Sunday evening. Some of the more recent entrants in CDs 03 and 31 – Tanner Do, Chris Suprun, Dan Jangigian – are not yet on the list. Much-ballyhooed CD28 challenger Jessica Cisneros is not yet on the list. Wendy Davis has CD21 to herself right now, as Jennie Leeder has not yet appeared. CDs 19, 27, and 36 do not yet have Democratic candidates. And while this has nothing to do with our side, the Republican field in CD22 is mind-bogglingly large. Good luck with that.

Railroad Commissioner: Kelly Stone had not filed as of Sunday, but she has an event on her candidate Facebook page announcing her filing at 2:30 today. Former State Rep. Robert Alonzo has joined the field.

SBOE: All positions are accounted for. Letti Bresnahan remains the only candidate in District 5, the most flippable one on the board. I still can’t find any information online about her candidacy.

State Senate: No candidates yet in SDs 12, 18, 22, or 28. Not surprising, as none are competitive, but a full slate is still nice. Sens. Borris Miles and Eddie Lucio now each have two opponents, the field in SD19 is four deep, and Rep. Cesar Blanco still has SD29 all to himself.

State House: Far as I can tell, the only incumbent who hasn’t filed yet is Rep. Rene Oliveira in HD37. Of the top targets for 2020 based on Beto’s performance, HDs 23, 43, and 84 do not yet have Democratic candidates. Those are if not the bottom three on the competitiveness scale, with the first two trending away from us, they’re close to it. If they go unfilled it will still be a waste, but about the smallest possible waste. Rep. Ron Reynolds does not have a challenger. Sean Villasana, running for the HD119 seat being vacated by Rep. Roland Gutierrez as he runs for SD19, has the field to himself so far. In all of the big counties, the only one missing a Dem right now is HD99 in Tarrant, which is not particularly competitive.

District Courts: Limiting myself to Harris County, Judges Jaclanel McFarland (133rd Civil), Ursula Hall (165th Civil), Elaine Palmer (215th Civil), and George Powell (351st Criminal) have not filed. Other candidates have filed in the 165th and 351st, as have candidates in the 337th Criminal (Herb Ritchie) and 339th Criminal (Maria Jackson) where the incumbents are known to not be running again. Alex Smoots-Thomas now has an opponent for the 164th, and I am told another may be on the way.

Harris County offices: All of the candidates I’ve tracked for District Attorney, County Attorney, Sheriff, and Tax Assessor have now filed; I’m told another candidate may be filing for Tax Assessor, but I don’t know any more than that. David Brown has not yet filed for HCDE Position 7 At Large, but he was at the CEC meeting yesterday and I expect to see him on the ballot. Luis Guajardo has not yet filed for Commissioners Court in Precinct 3. There’s still no JP candidates in Precincts 4 and 8, and no Constable in Precinct 8. And Precinct 1 Constable Alan Rosen is still missing. Could that mean something? We’ll find out today. I’ll have a report tomorrow.

Filing update: Focus on Harris County

One more look at who has and hasn’t yet filed for stuff as we head into the final weekend for filing. But first, this message:


That’s general advice, not specific to Harris County or to any person or race. With that in mind, let’s review the landscape in Harris County, with maybe a bit of Fort Bend thrown in as a bonus. Primary sources are the SOS candidate page and the Patrick Svitek spreadsheet.

Reps. Sylvia Garcia and Lizzie Fletcher do not have primary opponents, though the spreadsheet does list a possible opponent for Garcia. As previously discussed, Rep. Al Green has a primary opponent, and Rep. Sheila Jackson Lee has three so far, with at least one more to come. Elisa Cardnell and Travis Olsen have filed in CD02. Mike Siegel and Shannon Hutcheson have filed in CD10, and none of the three known contenders have filed yet in CD22. (Before you ask, no, I don’t know why some candidates seem to wait till the last minute to file.)

In the Lege, the big news is that Penny Shaw has filed in HD148, so the voters there will get their third contested race in a four month time period. At least with only two candidates so far there can’t be a runoff, but there’s still time. Ann Johnson and Lanny Bose have filed in HD134, Ruby Powers has not yet. Over in Fort Bend, Ron Reynolds does not have an opponent in HD27, at least not yet. No other activity to note.

Audia Jones, Carvana Cloud, and Todd Overstreet have filed for District Attorney; incumbent Kim Ogg has not yet filed. Christian Menefee and Vince Ryan have filed for County Attorney, Harry Zamora has entered the race for Sheriff along with incumbent Ed Gonzalez, and Jack Terence, last seen as a gadfly Mayoral candidate in the late 90s and early 2000s, has filed for Tax Assessor; Ann Harris Bennett has not yet filed. Andrea Duhon has switched over to HCDE Position 7, At Large, which puts her in the same race as David Brown, who has not yet filed. Erica Davis has already filed for Position 5, At Large.

In the Commissioners Court races, Rodney Ellis and Maria Jackson are in for Precinct 1; Michael Moore, Kristi Thibaut, Diana Alexander and now someone named Zaher Eisa are in for Precinct 3, with at least one other person still to come. I will note that Precinct 1 Constable Alan Rosen has not yet filed for re-election, but three other candidates, two of whom filed within the first week of the period, are in for that position. Rosen’s name has been bandied about as a possible Commissioners Court challenger to Steve Radack, and if he is planning to jump to that race it makes sense that he’d take his time, since he’d have to resign immediately afterward. I have no inside scoop here, just a bit of idle speculation. There are no Dems as yet for either Constable or JP in Precincts 5 or 8.

This brings us to the District Courts, and there’s some interesting action happening here. There are a couple of open seats thanks to retirements and Maria Jackson running for Commissioners Court. Herb Ritchie is retiring in the 337th; two contenders have filed. One person has filed in Jackson’s 339th. Someone other than George Powell has filed in the 351st, and someone other than Randy Roll has filed in the 179th. I’m not sure if they are running again or not. Steve Kirkland has a primary opponent in the 334th, because of course he does, and so does Julia Maldonado in the new 507th. Alexandra Smoots-Thomas does not yet have a primary opponent.

Fort Bend County went blue in 2018 as we know, but Dems did not have a full slate of candidates to take advantage of that. They don’t appear to have that problem this year, as there are multiple candidates for Sheriff (where longtime incumbent Troy Nehls is retiring and appears poised to finally announce his long-anticipated candidacy for CD22, joining an insanely large field), County Attorney, and Tax Assessor (HCC Trustee Neeta Sane, who ran for Treasurer in 2006, is among the candidates). The Dems also have multiple candidates trying to win back the Commissioners Court seat in Precinct 1 that they lost in 2016 – one of the candidates is Jennifer Cantu, who ran for HD85 in 2018 – and they have candidates for all four Constable positions.

There are still incumbents and known challengers who have been raising money for their intended offices who have not yet filed. I expect nearly all of that to happen over the weekend, and then we’ll see about Monday. I’ll be keeping an eye on it all.

Filing report update

We’re a week out from the official filing deadline for the 2020 primaries. There’s still a lot of known candidates who haven’t filed yet, but I expect there will be a mad flurry of activity this week, as is usually the case. Don’t be surprised if we hear of an out-of-the-blue retirement or two, as that is known to happen at this time as well. I’m going to take a quick look at where we stand now, and will provide other reports as needed before the deadline on Monday. My sources for this are as follows:

The Patrick Svitek spreadsheet.
The Secretary of State Candidate Information page, which is quite handy and reasonably up to date.
Texas Judges, whose provenance is unknown to me, but they have the most information I’ve found about candidates for statewide and Courts of Appeals judicial races.
Jeff Blaylock’s Texas Election Source – I may be too cheap to subscribe, but the free info he includes is always worth noting.

SBOE

We have a third Democrat in the race for SBOE6, Kimberly McLeod. She is Assistant Superintendent of Education & Enrichment at HCDE and a former professor at TSU. She joins former HCDE Board member Debra Kerner (who has filed) and teacher Michelle Palmer (who had not yet filed, at least according to the SOS, as of this weekend).

We have a filing for SBOE5, the most-flippable of the SBOE districts up for election this year, Letti Bresnahan. Google tells me that a person by this name was a Trustee at San Antonio’s Northside ISD (she is not on the Board now). She was elected in 2008, narrowly re-elected in 2012, and I guess didn’t run in 2016; the Bexar County Elections report for May 2016 doesn’t list the NEISD Position 6 race, so who knows what happened. In 2015, she voted to keep the name of San Antonio’s Robert E. Lee High school; it was subsequently changed to Legacy of Education Excellence (LEE) High School in 2017, by which time as far as I can tell she was no longer on the Board. That’s a whole lot more words than I intended to write about her or this race – and mind you, I can’t say for sure this is the same Letti (Leticia) Bresnahan. I noted this because I’ve been keeping an eye on this race – the district was carried by Hillary Clinton in 2016, it was the bluest of the Republican-held SBOE districts in 2018, and the incumbent is a wingnut. So I was gonna write something when a Dem filed, I just didn’t expect it to be this.

State Senate

Someone named Richard Andrews has filed as a Democrat against Sen. Borris Miles. The Svitek spreadsheet has him as a General Election opponent, but his website clearly says “Democrat”, and the SOS has him as a Democrat. He’s a doctor, and that’s all I know about him.

State House

Current SBOE member Lawrence Allen, Jr, who is the son of State Rep. Alma Allen, has filed in the increasingly crowded Democratic primary in HD26. It’s one of the nine GOP-held districts that Beto won in 2018. Rish Oberoi, Suleman Lalani, and 2018 candidate Sarah DeMerchant have also filed.

Travis Boldt has filed in HD29, in Brazoria County. That was one of two near-miss districts (Beto got 47.0%) in which no Dem was on the ballot in 2018; HD32, which does not yet have a candidate filed, was the other.

Sandra Moore, who lost in the 2018 Dem primary to Marty Schexnayder, has filed to run again in HD133.

Ashton Woods has changed the name of his Facebook page to indicate he plans to run in the primary for HD146, currently held by second-term Rep. Shawn Thierry. He has not filed as of this writing.

So far, no one else has filed to run in the primary for HD148, where Anna Eastman is in the runoff for the special election, and has made her filing for 2020.

First Court of Appeals

I hadn’t gotten into the Courts of Appeals in my previous discussions, but especially after the sweep of these races by Dems in 2018 (and not just on this court), they will surely be of interest to multiple candidates.

Veronica Rivas-Molloy, who has officially filed, and Dinesh Singhal are in the race for Place 3 against incumbent Russell Loyd, who was elected in 2014. The Texas Judges website also lists Keith F. Houston as a candidate, but he appears to have decided not to run.

Amparo Guerra and Tim Hootman have both filed for Place 5, which had been held by the now-resigned Laura Carter Higley. There are three Republicans running so far, and there may be another if Greg Abbott appoints someone to fill the still-vacant seat prior to the filing deadline.

14th Court of Appeals

Jane Robinson is the (so far, at least) lone Democrat running for Chief Justice. I saw her at the HCDP Friendsgiving last month but did not have the chance to walk up and say Hi. The position is held by Justice Kem Thompson Frost, who is not running for re-election. Justice Tracy Christopher, who holds Place 9, is running for Chief Justice. She was last elected in 2016, so she would not otherwise be on the ballot. My assumption is that if she wins, she will move over from Place 9, which will make Place 9 vacant, and Abbott will appoint someone who would then run in Christopher’s spot in 2022. If she loses, she’ll remain in her spot and run for re-election (or not, as she sees fit) in 2022.

Wally Kronzer, who has filed, and Cheri Thomas are running for Place 7. Kronzer ran for Place 5 on this court in 2010. Ken Wise, in his first term, is the incumbent.

District courts

I don’t see any primary challengers yet for incumbent Democratic district court judges. I have heard someone is circulating petitions to challenge Judge Alex Smoots-Thomas, which I think we can all understand. I’m not in a position to say anything more than that as yet.

County offices

Audia Jones has officially filed for Harris County DA. Christian Menefee and Vince Ryan have both filed for County Attorney. Michael Moore has filed for County Commissioner in Precinct 3; Kristi Thibaut and Diana Alexander both announced their filings on Facebook over the weekend, but the SOS has not caught up to those filings yet. Bill McLeod, of accidental resignation fame, has filed to win his old seat on County Civil Court at Law #4 back. Incumbent Judge Lesley Briones has not yet filed. We will have a contested primary for at least one of the two HCDE at large positions, as Erica Davis has filed in Position 5; here’s her appointment of treasurer. Andrea Duhon, who had run for a different HCDE position in 2018, has already filed an appointment of treasurer for this race. David Brown is running for the other spot, Position 7, and as far as I know has no Dem opponent as yet.

Now you know what I know. We’ll all know a lot more in a week’s time.

Filing period preview: SBOE, Senate, House

Previously: Congress, and Statewide. As before, I am using the Patrick Svitek spreadsheet as my primary reference.

Buckle up, there’s a lot to talk about here. I’m going to limit my discussion of State House races to the greater Houston area.

SBOE: There are three SBOE seats on the ballot that were carried by Beto in 2018. Winning all three would give Democrats am 8-7 majority on this famously flaky board. One of these seats in within Harris County, and that’s SBOE6, where Michelle Palmer and Debra Kerner have been in for some time.

State Senate: Unlike 2018, there’s really only one competitive district on the ballot, and that’s SD19, the seat Dems fumbled away in the special election. State Rep. Roland Gutierrez and Xochil Peña Rodriguez, daughter of former Rep. Ciro Rodriguez, are in. Despite the self-own in 2018, the district is basically 55-45 Dem, with a bit of variance on either end. Beto took it by 15 points, but even Lupe Valdez cleared fifty percent. A return to normal partisan behavior should make Pete Flores a temporary Senator.

Democratic incumbents Carol Alvarado (SD06) and Borris Miles (SD13) do not have primary opponents as yet. I tend to think someone will run against Miles after those harassment allegations against him were reported, but if so it will likely be a newcomer. One other Dem who both needs and has primary opponents is Eddie Lucio; I discussed Ruben Cortez and Sara Stapleton-Barrera, his known opponents, here. SD29 in El Paso is open following the retirement of Jose Rodriguez, with State Rep. Cesar Blanco the only contender to succeed him so far.

The two Republican-held seats in the Houston area have Dem challengers. For SD04, mostly in Montgomery County, there’s Jay Stittleburg, who ran for Montgomery County Judge in 2018. Griffin Winkworth is listed in the spreadsheet as having filed a designation of Treasurer. SD11 has two contenders: Margarita Ruiz Johnson, who was a candidate for CD22 in 2018 but did not advance to the runoff, and Susan Criss, former District Court judge in Galveston County and candidate for HD23 in 2014. Neither district is particularly competitive – Beto got 41.5% in SD11, but most Republicans carried it by 20 or more.

State House: Let’s start with the districts that don’t have Dem challengers yet. As noted, this is limited to the greater Houston area. You can peruse the spreadsheet at your leisure for other districts.

HD03 (Montgomery/Waller)
HD15 (Montgomery)
HD16 (Montgomery)
HD18 (Liberty)
HD23 (Galveston)
HD24 (Galveston)
HD29 (Brazoria)
HD85 (Fort Bend/Wharton/Jackson)
HD127 (Harris)
HD129 (Harris)
HD133 (Harris)
HD150 (Harris)

HDs 29 (which originally had a Dem who later withdrew) and 127 were the only ones in 2018 that went unchallenged. HD29 in particular is a district of interest, as it was a 47% Beto district in 2018.

Now for Republican-held districts that do have Dem challengers, at least according to the spreadsheet.

HD25 (Brazoria, the now-open Dennis Bonnen seat) – Someone named J. Patrick Henry, whom I cannot conclusively identify.
HD26 (Fort Bend) – Sarah DeMerchant, the 2018 candidate; Rish Oberoi; Suleman Lalani.
HD28 (Fort Bend) – We all know about Eliz Markowitz, right?
HD126 (Harris) – Natali Hurtado, the 2018 candidate.
HD128 (Harris) – Josh Markle, who got a nice fundraising boost from Beto after his little tiff with incumbent Briscoe Cain over automatic weapons.
HD130 (Harris) – Bryan Henry.
HD134 (Harris) – Ann Johnson, the 2012 candidate; Ruby Powers; Lanny Bose, the most recent entrant.
HD138 (Harris) – Akilah Bacy; Josh Wallenstein, who was a candidate in the primary for HCDE at large in 2018.

Two Democratic incumbents so far have primary opponents, Alma Allen in HD131 (Carey Lashley) and Garnet Coleman in HD147 (Aurelia Wagner). Both always seem to draw primary opponents, for whatever the reason. Ron Reynolds in HD26 usually draws one as well, for reasons that are more clear. I note that the spreadsheet lists Richard Bonton as a Republican opponent for Harold Dutton in HD142. Bonton ran against Dutton in the Dem primary in 2018.

We can’t end this conversation without bringing up HD148. I fully expect Anna Eastman to win the special election runoff, which is most likely be on December 14, the same day as the city of Houston runoffs. It doesn’t have to be on the 14th – Greg Abbott sets the runoff date, and he has some discretion. The last time we had a special election for a State Rep seat in an odd year was 2005 with the election in HD143, and that runoff was held on the same date as the city runoffs. Not a guarantee, but a data point. In any event, whatever happens in that race, there’s no reason to believe that some other candidates won’t file for the primary in HD148 as well. Any of the runners up may conclude that this was a wonky election, and that maybe they lost some votes to not-that-Adrian-Garcia. For sure, the primary will have a very different electorate, and Anna Eastman will not be very well known to them. I will be a little surprised if Eastman has the primary to herself.

Last but not least in this series: county races. I don’t get to lean on the spreadsheet for that one.

Filing period preview: Congress

So even though we still have the 2019 runoffs to settle, the 2020 election is officially upon us. I say this because the filing period for 2020 candidates began on Saturday the 9th, closing on December 9. I expect there will be a tracker of filed candidates on the TDP webpage, but until such time as we have something like that, my guidebook for this is the Patrick Svitek spreadsheet of declared and rumored candidates. I’m going to do a series of posts on who has announced their candidacies for what this week, and I’ll be using that as the springboard.

I begin with Congressional candidates. We’ve sort of been tracking this all along via the quarterly finance reports, since you can’t be a candidate (or at least, you can’t be taken seriously as a candidate) unless you’re filing finance reports. My roundup of Q3 filing reports is here, and I’ll supplement that in this post.

The first thing I noticed after I clicked over to the spreadsheet to begin my research was that there’s a new Democratic candidate in CD02. And sure enough, there was a Chron story to go with it.

Travis Olsen

Former Homeland Security Department employee Travis Olsen this week joined the race for Texas’ 2nd Congressional District, becoming the second Democrat to vie for the seat held by U.S. Rep. Dan Crenshaw, R-Houston.

Olsen, who filed his candidacy with the Federal Election Commission Tuesday and launched his campaign Thursday, said he would seek to “provide an alternative” for residents “looking to move past partisanship and polarized politics,” contending that Crenshaw has not sought common ground with Democrats during his first term.

“We need leaders in Congress who are going to put country above party,” Olsen said in an interview. “And what we have seen is that Rep. Crenshaw will just follow the party line, follow the president, in his choices.”

[…]

To take on Crenshaw, Olsen first would have to win a Democratic primary next year that already includes Elisa Cardnell, a Navy veteran who filed her candidacy in February.

In response to Olsen’s campaign launch, Cardnell said in a statement that the race “has been, since day one, about how we put country over party and defeat Dan Crenshaw in 2020.”

“We’ve been making the case now for six months; if we want to hold Dan Crenshaw accountable for voting against lower prescription drug costs and against reauthorizing the national flood insurance program, it’s going to take a female veteran who can make him come to the table and talk about the issues, not just his past service,” Cardnell said.

Here’s Olsen’s website. He’ll need to start raising money ASAP, Crenshaw has bags and bags of it, and Cardnell has taken in $177K so far. From my perspective, this means another set of interviews to do for the primary. You’ll note as we go on there’s more where that came from.

Among Democratic incumbents, only Rep. Lizzie Fletcher in CD07 has no primary opponent. I won’t be surprised if some character wades in, but she won’t have much to worry about. Not in March, anyway; she will have a well-funded Republican opponent in November. Reps. Al Green in CD09 and Sylvia Garcia in CD29 each have one primary opponent. Melissa Wilson-Williams has reported $31K raised, though it all appears to be her own contributions. Someone named Nile Irsan says he’s running in CD29, but he has no web presence or finance reports as yet.

The primary for a Democratic seat with the most action is in CD18, where four announced candidates face Rep. Sheila Jackson Lee: Marc Flores (Q3 finance report), Bimal Patel (Q3 finance report), Stevens Orozco (Q3 finance report), and Jerry Ford (Q3 finance report). Flores and Patel have been in the race for awhile and have raised a few bucks; Orozco has only taken in $3K, while Ford has loaned himself $50K. Jackson had a token challenger in 2018 and took 85% of the vote. She had more serious challengers in 2010, including then-Council Member, now State Rep. Jarvis Johnson, but still won with 67%. It’s hard for me to believe she’ll face much adversity this time around.

The main event races are CDs 10 and 22, and there’s no change in status for them. It won’t surprise me if some stragglers file for them, but the contenders are as they have been all along – Mike Siegel, Shannon Hutcheson, and Pritesh Gandhi in CD10; Sri Kulkarni, Nyanza Moore, and Derrick Reed in CD22. The newest candidates are in CD08, the Kevin Brady district mostly in Montgomery County. Jacob Osborne established a campaign committee in May and has a campaign finance account, but no money raised or web presence as far as I can tell. Laura Jones is a more recent entrant and the Chair for the San Jacinto County Democrats, but has not filed any finance reports yet. Democrat Steven David got 25% in CD08 in 2018 so this is not exactly a prime pickup opportunity, but it’s always nice to see qualified candidates take a shot.

Elsewhere in the state, most of what we know I’ve covered in the finance report posts. I’m still hoping for a more serious contender in the admittedly fringey CD17, and we have things to sort out in CDs 03, 06, 25, and 31. We may yet see some new entrants here and there but for the most part the big picture is fairly clear. I’ll take a look at legislative offices next.

Sorry, Willie D

I think you need better lawyers, dude.

Willie Dennis

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

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

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

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

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

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

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

[…]

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

That button will not exist, per the county officials.

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

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

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

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

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

UPDATE: Willie D has conceded.

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

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

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

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

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

The special election lineups are set

From the Trib:

Rep. Jessica Farrar

Democrats in HD-28 have coalesced around Elizabeth “Eliz” Markowitz, who was the only Democrat to file. Markowitz, a Katy teacher, unsuccessfully ran last year for State Board of Education District 7, which overlaps with HD-28.

Six Republicans, meanwhile, filed for the seat, making it likely that there will be a runoff featuring one of them and Markowitz, who will not have to split the Democratic vote. The GOP contenders are:

  • Anna Allred, a Houston anesthesiologist from the same doctor group as [outgoing Rep. John] Zerwas
  • Gary Gates, a Rosenberg businessman who has unsuccessfully run for several other offices, most recently railroad commissioner in 2016
  • Gary J. Hale, a Katy business owner who has his own intelligence firm and is a retired intelligence official with the Drug Enforcement Administration
  • Tricia Krenek, a Katy attorney and former member of the Fulshear City Council
  • Sarah Laningham, a Richmond woman who works in sales and unsuccessfully ran for House District 14 in 2018
  • Clinton D. Purnell, a Katy man who works in logistics and customs compliance

[…]

The HD-148 candidates:

  • Rob Block (D)
  • Kendra Yarbrough Camarena (D)
  • Chris Carmona (I)
  • Carol Denson (D)
  • Anna Eastman (D)
  • Adrian Garcia (D)
  • Terah Isaacson (D)
  • Michele Leal (D)
  • Ryan McConnico (R)
  • Mia Mundy (D)
  • Anna Núñez (D)
  • Luis La Rotta (R)
  • Penny “Morales” Shaw (D)
  • Alva Trevino (D)
  • Chris Watt (D)

See here for my interview with Markowitz. Most of these HD148 candidates we’ve discussed before. One of the four new names is Ryan McConnico, who was Farrar’s Republican opponent in 2018. Of the other three, the only one I can positively identify is Michele Leal, though there’s not yet any biographical info on her Facebook page or nascent campaign webpage. Here’s the public part of her LinkedIn profile, which notes her past presidency of the Latin Women’s Initiative, which in turn tells me she also goes by Michele Leal Farah. As for Rob Block and Carol Denson, I can find people with those names, but none that I can say with any degree of certainty are the people who filed for this election. If you know something about them, please leave a comment.

Three other points of note: Like Campos (who lists each candidate’s occupation), I don’t know what the deal is with the quotes around Penny Shaw’s maiden name. I don’t know if longtime Republican Chris Carmona is calling himself an independent due to a pure-hearted change of mind or a cynical attempt to differentiate himself from the other Republicans. And despite filing a CTA, it appears that Anna Nunez did not follow through and enter the race. Not sure what happened there.

I do plan to do some interviews, how many is yet to be determined. In the meantime, there’s your field. The candidates from the third legislative special election, in HD100 to succeed new Dallas Mayor Eric Johnson, are also in the Trib story. What do you think?

UPDATE: Apparently, the omission of Anna Núñez from the Trib list of HD148 candidates was the result of an error by the Secretary of State, which has now been corrected. My apologies for my role in extending that error.

Bonus commentary on 2019 lineup

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

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

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

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

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

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

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

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

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

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

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

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

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

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

An update on the races in HISD and HCC

As you know, there’s been a lot of action not just in the Houston City Council races but also in the 2020 election races. That doesn’t mean things have been dull in HISD and HCC, which of course have elections this November as well. I’m going to bring you up to date on who’s doing what in HISD and HCC, which as always deserve more attention than they usually get. We will refer to the Erik Manning spreadsheet for the names, though there will be some detours and some plot twists. Settle in and let’s get started.

There are four HISD Trustees up for election this cycle: Rhonda Skillern-Jones (district II), Sergio Lira (III), Jolanda Jones (IV), and Diana Davila (VIII). Lira, running for his first full term after winning in 2017 to succeed the late Manuel Rodriguez. He has no declared opponent at this time.

Rhonda Skillern-Jones has decided to step down from HISD and is now running for HCC Trustee in District 2. That’s the district currently held by the execrable Dave Wilson. (Hold that thought for a moment.) Her jump to HCC has been known for about a week, but as yet no candidate has emerged to announce a run in HISD II. I’m sure that will happen soon.

Diana Davila is being challenged by Judith Cruz, who ran for this same seat in 2010 after Davila’s abrupt departure when she was first an HISD Trustee; Cruz lost the Juliet Stipeche, who was then defeated by Davila in a return engagement in 2015. Davila has been at the center of much of the recent chaos on the Board, especially the disputes over interim Superintendent Grenita Lathan. I would expect that to be part of this campaign.

Jolanda Jones has two challengers for what would be her second term on the Board. One is perennial candidate Larry McKinzie, the other is Matt Barnes, a career educator with some charter school experience that I’m sure won’t cause any issues at all for anyone in this election. Ahem. A possible complicating factor here (we do love complicating factors) is that there has been chatter about Jones running for City Council again, this time in District D. It’s not the first time that this possibility has arisen. To be clear, as far as I know and unlike that other time, Jolanda Jones herself has not said anything about running for Council. This is 100% speculation based on other people talking about it, which I as an irresponsible non-journalist am mentioning without bothering to check for myself. I do that in part because it allows me to dredge up the past discussion we had about whether the term limits law that existed in 2012 would have allowed Jones to run for Council again, and from there to pivot to whether the same questions apply to the updated term limits law. Jones served two two-year terms and would hypothetically be running for a third and final term, which would be for four years. Council members who were first elected in 2011, such as Jack Christie, got to serve a total of eight years via this mechanism, and because the updated term limits law that was ratified by voters in 2015 was written to exempt current Council members who were not on their third terms. Would that also cover a former Council member who had served two terms? I have no idea, but if the question became relevant, I feel confident that lawyers and courtrooms would quickly become involved, and we’d eventually get an answer. See why this was irresistible to me? Anyway, all of this is probably for nothing, but I had fun talking about it and I hope you did, too.

Now for HCC. There are three HCC Trustees whose terms are up: Zeph Capo (District 1), the aforementioned Dave Wilson (District 2), and Neeta Sane (District 7). We’ll start with Sane, whose district covers part of Fort Bend County. She is running for Fort Bend County Tax Assessor in 2020 (she had previously run for FBC Treasurer in 2006, before winning her first term on the HCC Board), and while she could run for re-election in HCC first, she appears to not be doing so. Erik’s spreadsheet has no candidate in this slot at this time.

Zeph Capo is also not running for re-election. His job with the Texas AFT will be taking him to Austin, so he is stepping down. In his place is Monica Flores Richart, who had run for HISD Trustee in my district in 2017. Capo is Richart’s campaign treasurer, so that’s all very nice and good.

And that’s where this gets complicated. Dave Wilson is the lone Trustee of these three who is running in 2019. He is not, however, running for re-election in District 2. He is instead running in District 1, where I’m guessing he thinks he’ll have a chance of winning now that the voters in District 2 are aware he’s a conservative white Republican and not a black man or the cousin of former State Rep. Ron Wilson. I’m sure Rhonda Skillern-Jones would have wiped the floor with him, but now he’s running for an open seat. He won’t have the same cover of stealth this time, though. You can help by supporting Monica Flores Richart and by making sure everyone you know knows about this race and what a turd Dave Wilson is. Don’t let him get away with this.

(Hey, remember the big legal fight over Wilson’s residency following his fluke 2013 election, and how he insisted that the warehouse he moved into was his real home? So much for that. I assume he has another warehouse to occupy, which is totally fine because our state residency laws are basically meaningless.)

Finally, while their terms are not up, there are two other HCC Trustees who are seeking other offices and thus may cause further vacancies. Eva Loredo, the trustee in District 8, has filed a designation of treasurer to run for Justice of the Peace in Precinct 6 next March, while current Board chair Carolyn Evans-Shabazz in District 4 is now a candidate for City Council District D. If Wilson loses (please, please, please) and these two win theirs we could have five new members within the next year and a half, which would be a majority of the nine-member Board. The Board would appoint replacements for Evans-Shabazz and/or Loredo if they resign following a victory in their other elections, and there would then be an election for the remainder of their terms. I will of course keep an eye on that. In the meantime, if you can fill in any of the blanks we’ve discussed here, please leave a comment.

Off and running for Council

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

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

Mayor Sylvester Turner

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

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

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

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

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

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

[…]

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

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

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

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

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

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

And then there were nine

One Democratic gubernatorial hopeful is now off the ballot.

Demetria Smith, a Democrat who had hoped to challenge Republican Gov. Greg Abbott in the 2018 gubernatorial race, has been determined ineligible to run.

Smith, who attended a San Angelo forum for candidates in the Democratic primary Monday evening, was listed ineligible on the Texas Secretary of State’s website. The Texas Democratic Party said Tuesday that Smith’s check for a $3,750 candidate filing fee had bounced, said Glen Maxey, primary director of the party.

To run for governor in Texas, candidates must pay the filing fee or file a petition with 5,000 signatures.

Maxey said Smith filed Dec. 11, the last filing day, with a personal check that was deposited the following day, on Dec. 12; however, the party was not notified of the insufficient funds until Monday.

Because the deadline to pay the fee has passed, Smith cannot correct the error.

[…]

Smith, who called herself as the “constitutional candidate” at the forum, said in a phone interview after hearing the news: “I will be challenging the constitutionality of their decision,” referring to the Texas Democratic Party.

“If you accept the check on the last day, you should be able to clear it,” she said.

Smith is a perennial candidate who has run for Council (2.71% in District D, 2013) and Mayor (0.47% in 2015) and other things here in Houston. She was likely headed towards a 2-3% showing in the primary. As I’ve said before, the terms and conditions for getting on the ballot are pretty well known, and anyone who files on deadline day takes the risk that something will go wrong for which there is no time to make a correction. Smith could file a lawsuit to get back on the ballot, though it’s not clear to me what the basis of such a suit would be. My guess is that this is the end of the road for her, but I suppose anything can happen. The DMN and the Chron have more on this story and on that candidate forum.

Farenthold gets off the ballot

It started with this.

Rep. Blake Farenthold

The Republican Party of Texas managed to clear a path Tuesday in federal court for its chairman, James Dickey, to remove U.S. Rep. Blake Farenthold’s name from primary ballots.
But as of press time, a party spokesman said Dickey still had not reached a decision on the fate of the congressman’s name on the ballot.

The drama late Tuesday came after a remarkable half-hour hearing hours earlier in Austin’s federal courthouse, where lawyers for the state said that, while state law requires the inclusion of Farenthold’s name because he withdrew from the race after the filing deadline, the secretary of state had no power to enforce that law.

In response, attorneys for the state party told U.S. Magistrate Judge Andrew Austin they would drop a lawsuit that sought to leave Farenthold off the ballot.

“It was not Blake Farenthold’s intent to game the system, to choose the successor or to even get out of the race at the time when the ballot period closed,” said Chris Gober, one of the attorneys representing the state GOP.

Instead, he said, Farenthold was driven out of the race by the media coverage of sexual harassment allegations and how he treated his employees.

[…]

Under state law, political parties are required to submit a list of candidates who have filed to run in the primary elections to the secretary of state’s office, which transmits them to county officials in charge of printing ballots and running elections.

While the law requires the parties to include the names of all the candidates who have filed, no enforcement mechanism gives the secretary of state’s office the authority to ensure the lists provided by the political parties are complete, or to penalize party leaders if they leave a name off, a lawyer for the state argued.

According to the state’s brief, officially allowing Farenthold to withdraw his name from the ballot would trigger a new extension of the filing period, complicating efforts to get ballots prepared in time for the March 6 primary.

“Such an extended filing period, if triggered now, would exceed the Dec. 19, 2017, deadline to submit a list of candidates to the secretary of state and the Dec. 21 deadline to draw names on the ballot,” state lawyers argued. “It would also impede the already short period local election officials have to complete ballots before the Jan. 20, 2018, deadline to mail primary ballots to overseas military members.”

See here for the background. By ten AM, a press release from the Republican Party of Texas had hit my mailbox announcing Dickey’s decision to pull Farenthold out of there. (Yes, I get press releases from the RPT, and also from the Harris County GOP. I’m pretty sure I can trace it to having corresponded with Alan Blakemore’s office to arrange some candidate interviews. The things I do for you people.) Following that, the Texas Democratic Party filed a lawsuit to prevent Dickey from issuing this decree, but they then dropped it after failing to get an injunction.

The Democratic Party’s short-lived lawsuit sought to test the Texas GOP’s claim that it does not have to associate with Farenthold at this point. If that is valid, the Democratic Party says, it should have the same opportunity to exclude primary candidates. If it is not valid, Farenthold’s name should remain on the ballot, the Democrats argue.

“Texas Democrats will not stand idle while Republicans rig the ballot,” Gilberto Hinojosa, chairman of the Texas Democratic Party, said in a statement. “Only voters have the power to choose who leads our state and nation, not politicians and party officers in backroom decisions. Last we checked, this was Texas not Russia.”

[…]

Yet there could still be legal trouble ahead for the party due to its decision to omit a candidate who filed and did not withdraw by the deadline. That’s against the law, Soto said in court, even as he made clear the secretary of state is powerless to stop it. Both sides acknowledged the party’s decision could still draw legal scrutiny, perhaps from a candidate or voter in Texas’ 27th Congressional District.

“It’s certainly a possibility,” Gober told reporters, “but those are legal proceedings that would play out in time with presumably a plaintiff, a defendant and people with the ability to enforce that, whereas the secretary of state’s office has made the assertion they do not.”

For sure, this smacks of the bad old days, when all the action in elections was in the Democratic primary and all kinds of shenanigans were pulled to ensure that the “right” candidate won. I’d like to know what a response would be to the TDP’s assertion that if this stands then nothing would stop them from throwing out candidates they didn’t like (and Lord knows, as we continue to be beseiged by phonies and LaRouchies, this has more than a small amount of appeal to me). I think it is likely that someone else will file a lawsuit, and it will be interesting to see how the SOS testimony that this withdrawal is against the law will be addressed. In the meantime, I’ll make a donation to the first legislator who files a bill to close this dumb loophole for the 2019 session. Stay tuned.

Farenthold changes course

Sort of.

Rep. Blake Farenthold

U.S. Rep. Blake Farenthold, R-Corpus Christi, will retire from Congress after finishing his current term, a source close to the congressman told The Tribune Thursday morning. Farenthold soon confirmed the decision in an emotional video posted on Facebook.The decision came after a difficult December for the four-term congressman. Farenthold, one of the quieter members of the Texas delegation, found himself embroiled in a charged atmosphere of sexual harassment allegations in Washington, D.C.

The final blow came in the form of a CNN report on Wednesday night highlighting new sexual harassment allegations that included former employees describing the congressman as verbally abusive and sexually demeaning.

“I’d never served in public office before,” Farenthold said of the allegations in his video Thursday. “I had no idea how to run a Congressional office and, as a result, I allowed a workplace culture to take root in my office that was too permissive and decidedly unprofessional. It accommodated destructive gossip, off-hand comments, off-color jokes and behavior that in general was less than professional.

“And I allowed the personal stress of the job to manifest itself in angry outbursts and too often a failure to treat people with the respect that they deserved,” he added. “That was wrong. Clearly, it’s not how I was raised, it’s not who I am and for that situation, I am profoundly sorry.”

While he “expected a tough primary campaign” and “was looking forward to it,” Farenthold said he would retire instead.

“I would be forced to engage in a month-long campaign for personal vindication,” he said. “That’s not why I came to Congress. Quite simply, my constituents deserve better.”

See here and here for some background. There’s a big complicating factor in all this that I will get to in a moment, but first let’s take a closer look at those latest allegations.

A former senior aide to Rep. Blake Farenthold has approached the House Ethics Committee to share a damning account of working for the Texas Republican, with the intent of describing the congressman as verbally abusive and sexually demeaning — and his congressional office as an intensely hostile environment that drove the aide to physical and emotional distress.

Michael Rekola, who was Farenthold’s communications director in 2015, described in an interview with CNN new details of the congressman’s abusive behavior. It ranged from making sexually graphic jokes to berating aides — bullying that Rekola says led him to seek medical treatment and psychological counseling, and at one point, caused him to vomit daily.

One comment from the congressman was especially personal. Rekola was about to leave town to get married in July 2015, when, he said, Farenthold, standing within earshot of other staffers in his Capitol Hill office, said to the groom-to-be: “Better have your fiancée blow you before she walks down the aisle — it will be the last time.” He then proceeded to joke about whether Rekola’s now-wife could wear white on her wedding day — a clear reference, Rekola said, to whether she had had premarital sex.

“I was disgusted and I left. I walked out,” Rekola said. Almost immediately after returning from his wedding, he gave his two-weeks notice.

Boy, he must have been a hell of a boss to work for, don’t you think? And good Lord that “I’d never run a Congressional office before” baloney. Simple human decency is more than enough to prevent most people from saying and doing these things to coworkers and colleagues, and that’s before you factor in the power you had to fire them. What a total jackass.

So what about that complicating factor? Well, you may recall that the filing deadline was Monday. State law allows a 24-hour period after that to reconsider and withdraw. Guess what? It’s too late for Farenthold to do that.

Farenthold’s decision comes two days too late to remove his name from next year’s Republican primary ballot, according to state officials.

Monday was the deadline for candidates to file for a spot on the ballots for the Republican and Democratic primaries. Candidates have until the day after the regular filing deadline – which was Tuesday – to withdraw from their race, according to the Texas Election Code.

The party can also reject a candidate’s application for a place on the primary ballot. But when a party chooses to do this, it happens at the outset rather than after the candidate was already accepted on the ballot.

Since Farenthold missed the Tuesday deadline to withdraw, his name will still remain on the Republican primary ballot on March 6, according to Sam Taylor, a spokesman for the Texas Secretary of State’s office.

“Barring any challenge to the candidate’s application before the mail-in ballots go out in late January, his name will still be on the ballot,” Taylor said.

According to the Texas Election Code, a challenge to a candidate’s application “must state with specificity how the application does not comply with the applicable requirements as to form, content, and procedure.” A challenge to Farenthold’s application would need to be brought into the Secretary of State’s office prior to Jan. 19 — before any mail-in ballots are mailed out to Texas voters.

A successful challenge would need to prove Farenthold’s application did not comply with state law – like providing an incorrect permanent residence or mailing address.

Farenthold’s plans to resign isn’t enough to challenge his application, Taylor said.

As RG Ratcliffe puts it, this is Farenthold’s “final screwup” as an accidental Congressman. He’s still on the March ballot, and that means there’s at least a chance that he could win that election and be the Republican nominee in CD27 next November. Which would leave him and the Republican leadership that put pressure on him to quit the choice of leaving him there and letting him be a campaign issue for the rest of the year, or having him withdraw and concede the seat to the Democratic nominee. Well, as we saw in CD22 in 2006, you could try to run a write-in candidate, and who knows, maybe the district is Republican enough to still win in that fashion. Let’s just say the Republicans would rather not have to find out. Way to go, Blake. Mother Jones has more.

The Harris County slates

Let’s talk about the filings for Harris County. The SOS filings page is still the best source of information, but they don’t provide shareable links, so in the name of ease and convenience I copied the Democratic filing information for Harris County to this spreadsheet. I took out the statewide candidates, and I didn’t include Republicans because they have not updated the SOS office with their slate. Their primary filing site is still the best source for that. So review those and then come back so we can discuss.

Ready? Here we go.

– If there was an announcement I missed it, but HCDE Trustee Erica Lee, in Position 6, Precinct 1, did not file for re-election. Three candidates did file, Danyahel Norris, an attorney and associate director at the Thurgood Marshall School of Law; John F. Miller, who was a candidate for HCDE Chair earlier this year; and Prince Bryant.

– While there are contested races up and down the ballot, there’s one race that is no longer contested. Mike Nichols withdrew his filing for Harris County Judge, leaving Lina Hidalgo as the sole candidate to oppose Judge Ed Emmett next fall.

– The SOS page also shows that Sammy Casados withdrew his filing for County Commissioner. However, his campaign Facebook page makes no such announcement, and there’s no evidence I can find to confirm that. It’s possible this is a mistake on the SOS page. We’ll know soon enough, when the HCDP publishes its official final list. Anyway, the cast for Commissioner in Precinct 2 also includes Adrian Garcia, Daniel Box, Roger Garcia, and Ken Melancon, who was previously a candidate for Constable in Precinct 3 (note that Constable precincts, like Justice of the Peace precincts, do not correspond to Commissioner precincts). Also, there are now two candidates for Commissioner in Precinct 4, Penny Shaw and Jeff Stauber, who was a candidate for Sheriff in 2016.

– All other county races save one are contested. Diane Trautman has two opponents for County Clerk: Gayle Mitchell, who ran for the same office in 2014, losing to Ann Harris Bennett in the primary, and Nat West, who is the SDEC Chair for Senate District 13 and who ran for County Commissioner in Precinct 1 in that weird precinct chair-run election. Two candidates joined Marilyn Burgess and Kevin Howard for District Clerk, Michael Jordan and former Council candidate Rozzy Shorter. Dylan Osborne, Cosme Garcia, and Nile Copeland, who ran for judge as a Dem in 2010, are in for County Treasurer. HCDE Trustee Position 3 At Large has Josh Wallenstein, Elvonte Patton, and Richard Cantu, who may be the same Richard Cantu that ran for HISD Trustee in District I in 2005. Only Andrea Duhon, the candidate for HCDE Trustee for Position 4 in Precinct 3, has a free pass to November.

– I will go through the late filings for legislative offices in a minute, but first you need to know that Lloyd Oliver filed in HD134. Whatever you do, do not vote for Lloyd Oliver. Make sure everyone you know who lives in HD134 knows to vote for Alison Sawyer and not Lloyd Oliver. That is all.

– Now then. SBOE member Lawrence Allen drew an opponent, Steven Chambers, who is a senior manager at HISD. That’s a race worth watching.

– Sen. John Whitmire has two primary opponents, Damien LaCroix, who ran against him in 2014, and Hank Segelke, about whom I know nothing. Rita Lucido, who ran for SD17, threw her hat in the ring to join Fran Watson and Ahmad Hassan.

– Carlos Pena (my google fu fails me on him) joins Gina Calanni for HD132. Ricardo Soliz made HD146 a three-candidate race, against Rep. Shawn Thierry and Roy Owens. There are also three candidates in HD133: Marty Schexnayder, Sandra Moore, and someone you should not vote for under any circumstances. He’s another perennial candidate with lousy views, just like Lloyd Oliver. Wh you should also not vote for under any circumstances.

– The Republican side is boring. Stan Stanart has a primary opponent. Rep. Briscoe Cain no longer does. There’s some drama at the JP level, where Precinct 5 incumbent Jeff Williams faces two challengers. Williams continued to perform weddings after the Obergefell decision, meaning he did (or at least was willing to do) same sex weddings as well. You do the math. Unfortunately, there’s no Democrat in this race – it’s one of the few that went unfilled. There was a Dem who filed, but for reasons unknown to me the filing was rejected. Alas.

I’ll have more in subsequent posts. Here’s a Chron story from Monday, and Campos has more.

UPDATE: Two people have confirmed to me that Sammy Casados has withdrawn from the Commissioners Court race.

Filing news: A few tidbits while we wait for the dust to clear

As you know, yesterday was the filing deadline for the primaries. Lots of things happen at the last minute, and the SOS filings page isn’t always a hundred percent up to date, so I’m hesitant to make final pronouncements about things right now. Here are a few things I do know about or have heard about, some of which I will double back to tomorrow, to suss out how they ended up.

– The one candidate who ultimately declined to run for Governor was Dwight Boykins, who announced over the weekend that he would stay put on City Council.

– Mark Phariss was one of the plaintiffs in the lawsuit that led to the overthrow of Texas’ anti-same sex marriage law. I noticed on the SOS page, and then saw it confirmed on Facebook, he is also now a candidate for office:

My Texas Senate District is District 8, formerly represented by Van Taylor. He has chosen not to run for re-election, but instead to run for the U.S. Congress to replace the retiring Rep. Sam Johnson. Republicans running to replace Van Taylor are Angela Paxton, Texas’ AG Ken Paxton’s wife, and Phillip Huffines, the twin brother of Don Huffines, who is already in the Texas Senate. Both of these candidates will, as you might suspect, work to enact Lt. Gov. Dan Patrick’s agenda, which, sadly and wrongly, will include legislative measures, like bathroom bills, that will hurt the State of Texas and its most innocent citizens.

No longer willing just to stand by, this past Thursday with the encouragement and support of my wonderful husband, Vic, I filed to run as a Democrat for the Texas Senate, District 8. While District 8 is a conservative district, a win is doable. Trump only carried it by 8 percentage points in 2016. With a big enough Blue Wave and your support, we can win, and I intend to do what is necessary to win.

There is another democratic opponent, a very nice fellow. The primary is March 6, so I have to get very busy and need all of your support in order to be able to challenge Paxton or Huffines.

On Friday, I obtained a tax i.d. number and set up a checking account. And I am in the process of setting up an account with ActBlue to accept online contributions, but it it will be a couple of days before it is operational. If anyone doesn’t want to wait (or if someone prefers not to make online contributions), checks can be mailed to Mark Phariss Campaign, 6009 West Parker Road, Suite 149-126, Plano, TX 75093. My campaign e-mail address is [email protected]

SD08 will be a very challenging fight, but the value proposition in supporting a genuine leader like Mark Phariss over atrocities like Angela Paxton or Phillip Huffines more than outweighs it. If you’re making your 2018 campaign contributions budget, put in a line item for Mark Phariss’ campaign.

Ivan Sanchez stepped down from the Houston Millennials group he founded to announce his entry into the field for CD07. That’s a daunting race to enter, as all the candidates that are already there have been there for months, long enough to have filed Q2 and Q3 finance reports. He starts out well behind in fundraising, but if even half the people who liked and shared his post and congratulated him on Facebook live in CD07, he already has a decent base of support.

Progress Texas was keeping track of the races where a candidate was still needed:

Unchallenged Republicans

State House (click here to check out a Texas House district map to see who’s running – and not running – where)

  • HD 1: Gary VanDeaver (R)

  • HD 2: Dan Flynn (R)

  • HD 7: Jay Dean (R)

  • HD 9: Chris Paddie (R)

  • HD 21: Dade Phelan (R)

  • HD 25: Dennis Bonnen (R)

  • HD 30: Geanie Morrison (R)

  • HD 32: Todd Hunter (R)

  • HD 54: Scott Cosper (R)

  • HD 55: Hugh Shine (R)

  • HD 58: Dewayne Burns (R)

  • HD 59: Tan Parker (R)

  • HD 60: Mike Lang (R)

  • HD 68: Drew Springer (R)

  • HD 69: James Frank (R)

  • HD 72: Drew Darby (R)

  • HD 82: Tom Craddick (R)

  • HD 86: John Smithee (R)

  • HD 87: Four Price (R)

  • HD 128: Briscoe Cain (R)

  • HD 135: Gary Elkins (R)

  • HD 150: Valorie Swanson (R)

State Senate:

  • SD 31: Kel Seliger (R)

Judicial:

  • Judge of the Court of Criminal Appeals Place 8: Elsa Alcala (R)

  • Chief Justice, 2nd Court of Appeals: Terrie Livingston (R)

  • Chief Justice, 10th Court of Appeals: Steve Smith (R)

  • Chief Justice, 11th Court of Appeals: Jim R. Wright (R)

  • Justice, 2nd Court of Appeals, Pl. 4: Bob McCoy (R)

  • Justice, 2nd Court of Appeals, Pl. 5: Sue Walker (R)

  • Justice, 2nd Court of Appeals, Pl. 6: Lee Ann Campbell Dauphinot (R)

  • Justice, 4th Court of Appeals, Pl. 2: Marialyn Barnard (R)

  • Justice, 4th Court of Appeals, Pl. 5: Karen Angelini (R)

I’ve crossed out the ones for which candidates have since appeared. I’m so glad someone finally filed in HD135.

– You know who else filed? This guy, that’s who.

In the face of a storm of controversy and a slew of challengers, U.S. Rep. Blake Farenthold indicated Monday he’s still running for re-election.

This time around, it will likely be a lonely battle for the Corpus Christi Republican.

“It’s lonelier than it’s been in past times, but he’s not alone,” said Farenthold’s chief of staff, Bob Haueter, on Monday evening.

I hope that means he’s under constant adult supervision. Have fun defending your record, bubba. I’ll have more tomorrow. In the meantime, here are the early recaps from the Chron and the Trib.

Filing news: Jerry’s back

Former Land Commissioner Jerry Patterson would like his office back, please.

Jerry Patterson

Patterson, who was first elected as the state’s land commissioner in 2003, wants to head the agency that manages state-owned lands and the Alamo. He gave up the job to run for lieutenant governor in 2014, but came in last in a four-way GOP primary race.

Patterson has long been critical of Bush, including the office’s response to Hurricane Harvey. Since 2011 the office has also overseen housing recovery efforts after natural disasters.

“If your headline is that Jerry Patterson wants his old job back, that would be wrong,” Patterson told the Houston Chronicle. “I don’t need this job and I would prefer to be praising George P. Bush.”

He decided to run himself — after looking for someone else to make the race against Bush — because he believed he was “watching this agency crater for the past three years.” That criticism comes after watching the agency refuse to disclose details about the Alamo restoration project that the Land Office is overseeing and after seeing tens of thousands of Texas homeless after Hurricane Harvey while just two homes have been rebuilt so far.

“This morning, Harvey victims who have been sleeping in tents awakened to the snow,” Patterson said.

I’ll say this about Jerry Patterson: I disagree with him on many things, but he was without a doubt one of the more honorable people serving in government while he was there. He took the job of Land Commissioner seriously, he was a stalwart defender of the Texas Open Beaches Act, and in my view he always acted with the best interests of the state at heart. He’s not going to be my first choice, but I’d take him over Baby Bush in a heartbeat.

Land Commissioner was one of two statewide offices for which there had not been a Democratic candidate, but as the story note, that is no longer the case:

[Miguel] Suazo, an attorney from Austin, announced Friday he would run for the post as a Democrat.

No stranger to politics, Suazo worked as an aid to U.S. Sen. Jeff Bingaman, D-NM, in Washington D.C. and has also worked as an energy and environment associate for Wellford Energy Advisors, a manager for regulatory affairs for the the Biotechnology Innovation Organization. He has also worked as an oil and gas attorney in Houston.

“I am running for Land Commissioner because I am qualified for the office and eager to bring new leadership to Texas,” Suazo in a statement declaring his candidacy. “I represent small and large companies and also regular folks who need a job done. I know business and I know people . . . I’m self-made, nothing’s been handed to me. I intend to bring that approach to the General Land Office.”

Suazo, a proponent of block-chain technology, said he may be the first candidate in Texas to launch his campaign using proceeds from Bitcoin investments.

Here’s his campaign Facebook page. I’m so glad there will be a choice in November.

Other news:

– The other statewide office that was lacking a Democratic candidate was Comptroller. That too is no longer the case as Tim Mahoney has filed. I don’t know anything about him as yet beyond what you can see on that website.

– Someone named Edward Kimbrough has filed in the Democratic primary for Senate. Sema Hernandez had previously shown up on the SOS candidate filings page, but hasn’t been there for several days. Not sure what’s up with that, but be that as it may, it’s a reminder that Beto O’Rourke needs to keep running hard all the way through. On the Republican side, someone named Mary Miller has filed. As yet, neither Bruce Jacobson nor Stefano de Stefano has appeared on that list. It will break my heart if Stefano de Stefano backs out on this.

– Scott Milder’s campaign sent out a press release touting an endorsement he received for his primary campaign against Dan Patrick from former Education Commissioner Dr. Shirley J. (Neeley) Richardson, but as yet he has not filed. He did have a chat with Evan Smith of the Texas Tribune the other day, so there’s that.

– Believe it or not, Democrats now have at least one candidate for all 36 Congressional offices. CD04 was the last holdout. Among other things, this means that every county in Texas will have the opportunity to vote in March for at least one non-statewide candidate. Very well done, y’all. Republicans are currently skipping a couple of the bluer Congressional districts. They also have nine candidates for CD21, which is the biggest pileup so far.

– Here in Harris County, in addition to the now-contested race for County Judge, there are a couple of challenges to incumbent legislators. Damien LaCroix is once again running against Sen. John Whitmire in SD15, and Richard A. Bonton has filed in HD142 against longtime State Rep. Harold Dutton. Also, there is now a Democrat running in SD07, the district formerly held by Dan Patrick and now held by his mini-me Paul Bettencourt, David Romero, and a candidate in HD129, Alexander Karjeker. Still need someone to file in HD135.

The filing deadline is Monday, and that’s when any real surprises will happen. Enjoy the weekend and be ready for something crazy to happen on the 11th, as it usually does.

Post-holiday weekend filing update

Pulling this together from various sources.

– According to the Brazoria County Democratic Party, Beto O’Rourke has company in the primary for Senate. Sema Hernandez, whose campaign Facebook page describes her as a “Berniecrat progressive” from Houston, is a candidate as well. I’d not seen or heard her name before this, and neither she nor Beto has officially filed yet as far as I can tell, so this is all I know. Some free advice to Beto O’Rourke: Please learn a lesson from the Wendy Davis experience and run hard in South Texas and the Valley so we don’t wake up in March to a fleet of stories about how you did surprisingly poorly in those areas against an unknown with a Latinx surname. Thanks.

J. Darnell Jones announced on Facebook that he will be filing for CD02 on November 30, joining Todd Litton in that race. Jones is a retired Navy officer (he has also served in the Army) who ran for Pearland City Council this past May. He had been associated with this race for awhile, so this is just making it official.

– The field in CD10 is growing. Richie DeGrow filed at TDP headquarters before Thanksgiving. He lives in Austin has kind of a meandering biography that among other things indicates he has had a career in the hospitality industry; I’ll leave it to you to learn more. Tami Walker is an attorney in Katy who has experience with various state and federal regulatory agencies; I’m told she’s active with Indivisible Katy. Tawana Cadien, who has run a couple of times before, is still out there, and Ryan Stone has filed campaign finance reports, though I can’t find a web presence for him, and neither has filed yet as far as I can tell. Finally, Michael Siegel, who is an assistant City Attorney in Austin is collecting petition signatures in lieu of paying the filing fee.

– In CD22, we have Mark Gibson, a businessman and retired Army colonel who was the candidate in 2016, and Letitia Plummer, a dentist in Pearland who is unfortunately an object lesson in why you should register your name as a domain before entering politics. I am also hearing that Steve Brown, the 2014 Democratic candidate for Railroad Commissioner and former Chair of the Fort Bend County Democratic Party, is planning to jump in.

– We have some interesting primaries for State House in Harris County. The rematch from 2016 in HD139 between first term Rep. Jarvis Johnson and former Lone Star College trustee Randy Bates may be the headliner, but there’s also Adam Milasincic versus two-time Council candidate Jenifer Pool for the right to run in a very winnable HD138. Finally, there’s Marty Schexnayder and Sandra Moore (about whom I can find no information) in the much less winnable HD133.

– In Fort Bend County, Sarah DeMerchant is back for a return engagement in HD26, Meghan Scoggins is running in HD28, and Jennifer Cantu, who does not yet have a web presence, is in for HD85. Rep. Ron Reynolds will once again have an opponent in HD27, this time facing Wilvin Carter.

– Still missing: Candidates in HDs 132 and 135 in Harris County, and 29 in Brazoria County. Also, Fort Bend has a number of county offices up for election this year – District Attorney, County Clerk, District Clerk, Treasurer – and no candidates for those offices that I am aware of. There’s two weeks left. Let’s not miss out.

At some point we will be able to stop talking about who may run for Governor as a Democrat

That day is December 11. I am looking forward to it.

Andrew White

With less than a month before the filing deadline, the most prominent declared candidate for Texas governor is probably Andrew White, the son of former governor Mark White. White, a self-described “very conservative Democrat,” has never run for elected office and holds views on abortion likely to alienate some Democratic primary voters. (He says he wants to “increase access to healthcare and make abortion rare.”) In a November 2 Facebook post, Davis — a major figure in the state’s reproductive justice scene — called White “anti-choice” and summarized her reaction to his candidacy: “Uhh — no. Just no.”

For lieutenant governor, mild-mannered accountant Mike Collier — who lost a run for comptroller last cycle by 21 percentage points — is challenging Dan Patrick, one of the state’s most effective and well-funded conservative firebrands. Attorney General Ken Paxton, who will be fighting his securities fraud indictment during campaign season, drew a largely unheard-of Democratic opponent last week in attorney Justin Nelson, a former clerk for U.S. Supreme Court Justice Sandra Day O’Connor.

Candidate filing officially opened Saturday and ends December 11, but candidates who haven’t declared are missing opportunities for fundraising, building name recognition and organizing a campaign.

“Texas Democrats have quite clearly thrown in the towel for 2018,” said Mark P. Jones, a Rice University political scientist. “People truly committed to running would already be running; [the party] may be able to cajole, coerce or convince some higher-profile candidates to run, but with every passing day that’s less likely.”

Dallas County Sheriff Lupe Valdez announced last week that she’s considering a gubernatorial run, but her staff refused further comment and Valdez has yet to file. Whoever faces off with Governor Greg Abbott will be staring down a $41 million war chest.

Democratic party officials insist more candidates are forthcoming: “We’ve taken our punches for withholding the names of who we’re talking to,” said Manny Garcia, deputy director with the Texas Democratic Party. “It’s been personally frustrating to me because I know who we’re talking to and I know they’re exciting people.”

Castro agreed with Garcia: “I do believe that before the filing deadline you’re going to see people stepping up to run,” he told the Observer.

The lone bright spot on the statewide slate, said Jones, is Beto O’Rourke, the El Paso congressman taking on Ted Cruz. Highlighting the value of announcing early, O’Rourke has raised an impressive $4 million since March off mostly individual donations.

“Like in Battlestar Galactica, O’Rourke is Battlestar Galactica and then there’s this ragtag fleet of garbage ships and transports accompanying him,” Jones said of the current Democratic lineup, noting that even O’Rourke was a second-string option to Congressman Joaquín Castro.

Look, either Manny Garcia is right and we’ll be pleasantly surprised come December 12, or he’s being irrationally exuberant and we’ll all enjoy some gallows humor at his expense. Yeah, it would be nice to have a brand-name candidate out there raising money and his or her profile right now, but how much does two or three months really matter? Bill White was still running for a Senate seat that turned out not to be available at this time in 2009; he didn’t officially shift to Governor until the first week of December. If there is a candidate out there that will broadly satisfy people we’ll know soon enough; if not, we’ll need to get to work for the candidates we do have. Such is life.

In other filing news, you can see the 2018 Harris County GOP lineup to date here. For reasons I don’t quite understand, the HCDP has no such publicly available list at this time. You can see some pictures of candidates who have filed on the HCDP Facebook page, but most of those pictures have no captions and I have no idea who some of those people are. The SOS primary filings page is useless, and the TDP webpage has nothing, too. As for the Harris County GOP, a few notes:

– State Rep. Kevin Roberts is indeed in for CD02. He’s alone in that so far, and there isn’t a candidate for HD126 yet.

– Marc Cowart is their candidate for HCDE Trustee Position 3 At Large, the seat being vacated by Diane Trautman.

– So far, Sarah Davis is the only incumbent lucky enough to have drawn a primary challenger, but I expect that will change.

That’s about it for anything interesting. There really aren’t any good targets for them beyond that At Large HCDE seat, as the second edge of the redistricting sword is really safe seats for the other party, since you have to pack them in somewhere. Feel free to leave any good speculation or innuendo in the comments.

State House map paused as well

Not a surprise, given the previous order.

A lower court ruling that invalidated parts of the Texas House state map has been temporarily blocked by the U.S. Supreme Court.

Responding swiftly to an appeal by Texas Attorney General Ken Paxton, Justice Samuel Alito on Thursday signed an order to put on hold a three-judge panel’s unanimous ruling that nine Texas legislative districts needed to be redrawn because lawmakers intentionally discriminated against minorities in crafting them. Alito directed the minority rights groups suing the state to file a response to the state’s appeal by Sept. 7.

The lower court’s ruling could affect nine House districts across Dallas, Nueces, Bell and Tarrant counties. But adjusting those boundaries could have a ripple effect on neighboring districts.

The move comes days after Alito also temporarily put on hold a lower court ruling that invalidated two of Texas’ 36 congressional districts and instructed the minority rights group suing the state to file a response to the state’s appeal of that ruling. Responses from the state’s legal foes on that map are due Tuesday.

See here for the background. We are in wait-and-see mode right now. The same variables – which maps do we use, and when will the primaries be – remain in question. If we don’t have a definitive answer to #1 by the end of October, the answer to #2 will not be “March”. Stay tuned.

SCOTUS puts a pause on the Congressional redistricting ruling

Hopefully, just a temporary one.

The U.S. Supreme Court on Monday put on hold a lower court ruling that invalidated two of Texas’ 36 congressional districts.

In an order signed by Justice Samuel Alito, the high court indicated it wanted to hear from the minority groups suing the state before the state’s appeal of that ruling moves forward. The high court ordered the state’s legal foes to file a response by Sept. 5 to the state’s efforts to keep congressional district boundaries intact for the 2018 elections.

[…]

Texas and the minority rights groups suing the state were scheduled to return to court in San Antonio on Sept. 5 to fight over a new map. On Monday, the San Antonio three-judge panel advised that the Supreme Court’s order did not prohibit the state and minority groups from “voluntarily exchanging” proposed fixes. A clerk indicated the court would confirm on Tuesday whether the hearing would move forward.

Separately, Texas is defending its state House map, which the same San Antonio panel partially invalidated last week because of intentional discrimination behind the crafting of several legislative districts.

The court had indicated that lawmakers should be prepared to also meet on Sept. 6 to consider changes to the state House map. But Paxton also plans to appeal that ruling, which said nine districts must be redrawn.

See here, here, and here for some background. Assuming those hearings do go forward, I’ll be very interested to see what the state brings to them. Their contention is that the 2013 maps were just fine, so it might undermine that position to propose an alternative, even if under the gun. The plaintiffs have already put forward a variety of maps, it’s more a matter of what they narrow it all down to for them. As for the SCOTUS order, Rick Hasen says not to read too much into it, so I will continue to worry about other thing instead. Stay tuned.

Will we have maps in time for March primaries?

Maybe. It’s up to the courts.

State officials insisted Friday they expect to stop the court challenges on appeal, and reverse Texas’ losing streak on the voting-rights lawsuits, legal experts predicted Texas could end up back under federal supervisions of its elections rules if the appeals fail.

In short, the court fight is shaping up as a political game of chicken, with significant consequences no matter how it turns out.

“In both of the cases where there are new decisions, the courts have ruled that Texas has purposefully maintained ‘intentional discrimination’ in the way it drew its maps,” said Michael Li, an expert on Texas redistricting who is senior counsel with the Brennan Center for Justice at New York University.

“That’s an important finding that could result in Texas being placed back under pre-clearance coverage. Based on that, there may be a good chance that could happen.”

[…]

On Friday, Paxton asked the Supreme Court to overturn the lower-court decision on Texas’ congressional maps. “We are confident that the Supreme Court will allow Texas to continue to use the maps used in the last three election cycles,” he said.

Even so, until that appeal is decided, “we don’t expect or anticipate any delay in the Texas election schedule,” said Marc Rylander, Paxton’s communications director.

Li and other legal experts are not so sure.

First, an appeal to the U.S. Supreme Court to overturn Thursday’s ruling by the three-judge panel will almost certainly not be decided until after the filing period in November and December for House seats is over.

And if appellate court rulings in other cases go against the state, the schedule could be upended by court orders to redraw political boundaries for candidates running in those elections. And any boundary changes to benefit blacks and Hispanics could mean gains for Democrats, who those groups traditionally vote for.

“There’s a good chance that, given the way these cases stand with the courts, that the primary election schedule could be affected,” Li said.

The state had previously announced its intention to appeal the Congressional map; you can see a copy of their brief here. I presume an appeal of the State House ruling will ensue. As far as next year’s primaries go, basically one of two things will happen. Either SCOTUS will step in and say that the current maps will remain in place until the appeals process has played out, or it won’t. In that case, new maps need to be drawn. The court will have hearings right after Labor Day to determine a schedule for hearings and whatnot in the event there is no halt from SCOTUS and Greg Abbott declines to call a special session and have the Lege draw compliant maps. Whether it’s the court (most likely) or the Lege, it needs to be done by roughly the end of October so election officials can provide maps and files to county party chairs and interested candidates in time for the normal November-December filing period. There are people who are going to make run/don’t run decisions based on what those maps look like. There’s a decent chance we wind up with later primaries next year – perhaps May, as we had in 2012 – but it’s not certain yet. We should be in a better position to know by the end of the first week of September.

No charter amendments on the fall ballot

Just bonds, school board and HCC races, and the mostly boring constitutional amendments. Oh, and Heights Alcohol 2.0, if you live there.

Mayor Sylvester Turner

Houston voters will face $1.5 billion in city bonds and nine community college or school board races this November, but will not be asked whether to give firefighters a pay raise or change the pension plans given to new city employees.

Monday was the last day on which candidates could file for the November ballot, and on which local governments could call an election. That means the clock ran out on the citizen-submitted petitions seeking the change in city pensions and backing the firefighters’ push for pay “parity” with police officers of corresponding rank.

There are exceptions to Monday’s deadline. Houston ISD trustee Manuel Rodriguez’s death in July means candidates looking to fill his seat have until Sept. 6 to file for office. Candidates who meet today’s filing deadline also can withdraw from the ballot as late as Aug. 28.

In broad terms, however, the fall election campaign is set.

[…]

State law sets no deadline by which petitions seeking changes to a city charter must be tallied.

“We’ve always done first one in, first one out,” City Secretary Anna Russell said late Friday. “We are still working on the 401(k) (petition) as we do our regular work.”

The petitions, if validated by Russell’s office, could be included on a May ballot.

And I think that’s fine, and will likely allow for a more focused discussion of that issue as there won’t be anything else for Houston voters to consider; the 401(k) item no longer has anyone advocating it, so the pay parity proposal would be all there is. Given the lack of city elections on this November’s ballot, it’s not clear that a May 2018 referendum would have much less turnout, especially if both sides spend money on it. I’m sure the firefighters wanted their issue to be voted on now, but having to wait till May is hardly an abomination.

I hope to have a finalized list of candidates for HISD and HCC soon. HISD has some candidate information here, but there’s not a similar page for HCC. I’ve got a query in to find out who’s running for what and will report back later. I’m starting on the interviews for 2017, and will have an Election 2017 page up in the next week or so.

How the redistricting case could play out

Michael Li games out how the Texas redistricting litigation may go from the anticipated court ruling to final resolution.

So, in short, Texans could end up with a new set of maps (drawn by the Texas Legislature or drawn by the court or drawn by the legislature and then tweaked/modified by the court). Or the whole process could be put on hold [until] the Supreme Court rules on whether there are underlying violations that require redrawing of the maps.

In any event, maps may not be final until early 2018. That would mean, at a minimum, that candidate filing deadlines for state house and congressional races will be moved (and potentially much angst for those thinking about running for those offices). Depending on how long it takes for the Supreme Court to rule, it is possible that the entire March 2018 Texas primary might have to be moved or, in the alternative, that the primary might be held in two parts – one part for congressional and state house races and one part for everything else).

I jumped ahead to the conclusion in Li’s piece. Go read the whole thing to see how he arrived there. Along the way, he cited this Upshot post about possible outcomes in the Congressional map.

Texas’ defense seems simple. How could it have discriminated in adopting a court-drawn map? The problem: Two of the districts found to be in violation in the April ruling were unchanged on the court-drawn map.

Short of victory, the best case for Texas Republicans might be a ruling confined to those two districts. It would probably cost them one seat in the Austin area, most likely the one belonging to Roger Williams.

But the challenge is far wider.

A third district was found to be in violation in April; it was altered on the temporary map, but only slightly. That district belongs to Will Hurd, already one of the most vulnerable Republicans in the country. He won both of his elections by the margin of the high-turnout Republican suburbs of San Antonio, which were said to dilute the power of the district’s low-turnout Hispanic majority. Without those high-turnout Republican suburbs, Mr. Hurd’s re-election chances would look bleak, especially in what is already shaping up as a tough year for Republicans.

The April decision also left open the possibility that Texas might be required to draw an additional minority opportunity district — where the goal is to give racial or ethnic minorities the sway to elect the candidate of their choice — in the Dallas-Fort Worth area. If that happened, a Republican seat would need to be sacrificed here as well, most likely Joe Barton or Kenny Marchant, or perhaps the district held by Sam Johnson, who is not going to seek re-election.

What would “Armageddon” look like? Well, the likeliest version is the possibility that such changes to a few districts ripple across the map, endangering additional Republican incumbents.

The “Armageddon” scenario was reported on by the Trib in late May, which I blogged about here. The worst case scenario for the Republicans is a loss of six, maybe even seven, seats. That’s unlikely, but the low end is two seats, and that may not be much more probable. We won’t know what the scope may be for a few more weeks, when the court’s ruling comes down, and we may not know for certain until January or February. If you thought the 2012 primaries were fun, just you wait for 2018.

Paxton’s trial date set

Mark your calendars.

Best mugshot ever

Texas Attorney General Ken Paxton will face trial in December for the first of three criminal charges, a Houston judge ruled Thursday.

Jury selection will begin Dec. 1 and testimony will start on Dec. 11 for the single count of failing to register as an investment adviser with the state.

Paxton, who was indicted in 2015, also faces two first-degree felony charges of securities fraud.

The hearing Thursday was the second in the case for state District Judge Robert Johnson of the 177th Criminal Court, a freshman jurist assigned to oversee Paxton’s case after it was moved from the attorney general’s home of Collin County.

Paxton’s trial was originally scheduled for May, then moved to September. Both those dates were scrapped amid upheaval over where the trial should be held and whether the visiting judge would remain at the bench.

See here and here for the background. The start date for the trial also happens to be the filing deadline for 2018, so Republicans could be a bit out of luck if Paxton has no primary opponent. The issue of who is paying for the special prosecutors remains unresolved, though there may be a further hearing from Judge Johnson on the matter. For now at least, we have a trial date. The DMN and the Trib have more.

There will be no city elections this November

Here’s the early version of the story. I’ll add a link to the full story in the morning.

The Texas Supreme Court on Monday denied plantiffs’ attempts to expedite their case challenging the [2015 term limits referendum] ballot language that lengthened city officials’ terms two years ago, making it unlikely the matter will be resolved before the state’s August 21 deadline to order a fall election.

Instead, the case is positioned to return to trial court for a hearing on whether the wording of the city’s proposition authorizing two four-year terms, instead of three two-year terms, was too obscure.

“There’s no way,” Austin election lawyer Buck Wood said. “I don’t see any way that they’re going to get any final order in time for the filing deadline.”

Plaintiffs’ attorney Eric Dick conceded the timing makes a November mayoral election “unlikely.”

“But I don’t think it’s impossible,” Dick added, saying he plans to ask the high court to reconsider its decision.

See here for the background, and here for a copy of the court’s order, which actually came down on Monday. We were getting dangerously close to what I figured would be the functional deadline for a ruling on the mandamus, in order to ensure enough time for people to file for office if they needed to. This doesn’t mean that we won’t get another election until 2019 – I’ve heard many people speculate about a special election next May, which I suppose could happen – but barring anything unexpected at this point, the case will plod on through the appeals process, which suggests that the people who were elected in 2015 will get to serve out most if not all of that four-year term.

UPDATE: Interestingly, there doesn’t appear to be a fuller version of this story on the website, and there was nothing I could find in the print edition this morning. Maybe tomorrow.

Two more redistricting updates

From KUT, will we have a new Congressional map for next year?

[Gerry Hebert, one of the plaintiff attorneys], says he’s hopeful there won’t be yet another election with the old maps.

“The timing of the court’s decision is absolutely giving us an opportunity to get a new congressional redistricting plan for the 2018 election,” he says.

There are still quite a few steps between that decision and new maps, though. First up: a court hearing at the end of the month. Michael Li with the Brennan Center for Justice, another member of the plaintiffs’ legal team, says it should answer some of the “what happens next” kind of questions.

“We need to know when the parties are supposed to file briefs, when they are supposed to propose maps. Is the Legislature going to be given a chance? Is it not?” he says. “All of that is going to have to be decided.”

Li says at some point, both sides might also have to settle whether the 2013 interim map the state is currently using should be thrown out. Li, like Hebert, argues the interim map is not totally different than the 2011 map that the court struck down.

[…]

There has already been one unforeseen twist in the case since the ruling.

The state recently filed a motion asking the trial court to give it permission to appeal to the Fifth Circuit Court of Appeals, which is unusual. Typically such cases are appealed to the U.S. Supreme Court.

So, Li, Hebert and others will have to make the case for why the decision on the 2011 map should not be overturned.

See here, here, and here for some background. As noted, the status conference next Thursday the 27th is where these issues will begin to get hashed out. The timeline proposed by the plaintiffs would have a final map in place by July 1. Lots of things can and surely will happen between now and then, but that’s the goal and we should have some clue how attainable it will be next week.

As we have discussed before, all of this activity so far is around the Congressional map. We now have a decision in the case involving the original State House map, but will we get a new map drawn in time for 2018 in that case as well?

The U.S. Supreme Court is likely to hear the Texas redistricting case in which a three-judge federal panel ruled against the state in a 2-1 decision.

“The state of Texas purposely and intentionally, with full knowledge of what they were doing, discriminated against Latinos and African-American voters,” said Luis Vera, the national general counsel of the League of United Latin American Citizens, or LULAC, who has argued the case over the last several years.

[…]

Vera said it’s expected if Governor Greg Abbott calls a special legislative session, Texas lawmakers will have the first crack at fixing the 2011 map. If not, the federal judges will step in, Vera said.

Vera said there also could be a state and federal compromise.

Vera said the lines must be redrawn by 2018. He said even then, a new map is required after the U.S. Census in 2020.

I’m glad to hear that the plaintiffs’ attorneys believe there will be a new map in place for 2018, but I’m sure the state will argue that the 2013 map fixed all the problems and will do everything in their power to delay any further action. SCOTUS already has a different gerrymandering case on its spring docket, which may or may not have any overlapping effect on this. As always, we should know a lot more after that status call on the 27th.

Judge affirms Pasadena redistricting order

Back to the previous map, pending appeal.

Pasadena City Council

Hours after candidates began filing paperwork to run for city office, a federal judge Wednesday denied a request by Pasadena officials to delay her order that the city election be run under an 2011 election scheme to protect the rights of Latino voters.

Chief U.S. District Judge Lee H. Rosenthal in Houston said Pasadena should conduct its upcoming May elections based on eight single-member districts, throwing out the six single-member and two at-large districts that the judge ruled had diluted the clout of Hispanics.

The focus now shifts to the Fifth U.S. Circuit Court of Appeals, where Pasadena officials are challenging the judge’s ruling in a landmark voting rights case that has drawn nationwide attention.

[…]

Pasadena officials filed a request Tuesday to stay Rosenthal’s judgment, which was issued Monday during the Martin Luther King Jr. Day holiday. City lawyers also appealed the ruling, challenging the judge’s conclusion that the new voting scheme was put in place with the aim of intentionally stopping Hispanics from gaining a majority of candidates of their choice on council.

See here, here, and here for the background. I have no idea if the Fifth Circuit will overrule Judge Rosenthal and order the 2013 map to be put back in place, but as candidate filing has begun, they would need to be quick about it if they do. I’ll keep an eye on it.

Pasadena will appeal redistricting ruling

Not a surprise.

Pasadena City Council

An attorney representing the city of Pasadena said Tuesday the city will appeal a ruling that found Pasadena deliberately violated the voting rights of its Hispanic population, a move that could have immediate consequences for the city’s upcoming May elections.

The attorney, C. Robert Heath, said the city disagreed with Chief U.S. District Judge Lee H. Rosenthal’s ruling earlier this month that a redistricting scheme adopted in 2014 violated the U.S. Voting Rights Act by diluting the Hispanic vote.

“I think we’re right on the law and ultimately we’ll prevail,” Heath said.

[…]

Heath said the city will seek court approval to temporarily halt execution of Rosenthal’s order, meaning that upcoming elections could be conducted using the redistricting scheme Rosenthal found to be discriminatory. The 2015 elections were also conducted using that scheme.

“I don’t think they were trying to prevent Hispanic success,” Heath said.

City Councilman Ornaldo Ybarra, who supported the goals of the lawsuit that led to Rosenthal’s ruling, called the appeal a waste of taxpayers’ money.

“The legal bill has already surpassed $2 million, but I guess since it’s not the mayor’s money, he doesn’t mind spending it,” Ybarra said, adding that “this council is told nothing” by the administration about the legal process.

See here and here for the background. Candidate filing begins today, so one way or the other we’re going to need a quick ruling on any motions for an injunction. I’ll be keeping an eye on it. The NYT, Rick Hasen, and the Texas Standard have more.

UPDATE: From the longer version of the story:

Timing in the case, now, is critical. Rosenthal must first weigh in on whether to stand firm in her decision to keep the single-member system in place for the May elections – or whether to grant a stay on her own ruling.

The city’s appeal of the full ruling, meanwhile, moves on to the Fifth U.S. Circuit Court of Appeals.

“It wouldn’t surprise me if Judge Rosenthal made a ruling on the stay right away. … It will be a yes or no, probably,” said Elaine Wiant, president of the League of Women Voters of Texas.

She said if Rosenthal denies Pasadena a stay, it is unlikely the city’s lawyers would be able to derail the May election.

Chad Dunn, a lawyer who has represented voters and governmental entities in voting rights cases, agreed.

“It would be out of the ordinary for the court to stop her ruling and let the election go forward under a plan that’s been found to be discriminatory,” said Dunn, who represents council members Ybarra and Cody Ray Wheeler, who vocally opposed changes to the city election system. “It’s more likely than not that Judge Rosenthal’s judgment will carry the day on this election.”

The circuit court can affirm the district judge’s decision, reverse it or remand it back to Rosenthal for additional fact-finding, said Austin attorney Roger B. Borgelt, who specializes in election and campaign law.

We ought to know pretty quickly what the election situation will be for Pasadena.