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Harold Dutton

2020 primary runoff results: SBOE, Senate, House

Again, bullet points. Get used to it.

SBOE6 Dem: Michelle Palmer had a 65-35 lead after early voting, and that was pretty much all there was to it.

SBOE5 GOP: It’s much more boring and sedate, but the Republican candidate who didn’t arrive in a clown car, Lani Popp, defeated performance artist and semi-professional troll Robert Morrow. This is the best pickup opportunity for Dems, but since no one pays attention to SBOE races – the district are ginormous and candidates never have any money – there would have been a chance Morrow could have won if he’d been the nominee. Having Popp carry the GOP banner lowers the Dem chances slightly, but as we know from other elections it’s never a good idea for a chaos agent to be a viable candidate in any race. Whatever happens in November, this was the better outcome.

SD14 special election: Sarah Eckhardt has been over fifty percent all night. This may change by the morning, but as I type this she appears to be headed for a victory without a runoff.

UPDATE: The final results from Travis County show Sarah Eckhardt winning with 51.1%, but I’d forgotten that Bastrop County is also in SD14, and Eckhardt is only at 31% there thanks to 38% of the vote going to Republican Don Zimmerman. It appears that is enough to keep her under 50%, which means a runoff with Rep. Eddie Rodriguez.

SD19 Dem: State Rep. Roland Gutierrez has bounced back from his second place finish in March to lead 53-47 as I write this. Seems likely he’ll hand on.

SD27 Dem: Alas, Sen. Eddie Lucio has also hung on, leading 54-46 in the later evening. I believe he said this would be his last term. We can only hope.

State House Dem Sarah DeMerchant will get her third shot at HD26 in Fort Bend County. In Harris County, Akilah Bacy crushed it in HD138, Rep. Harold Dutton eked it out in HD142, and going late into the night, Penny Shaw was leading Anna Eastman in HD148. Eastman had a sizable lead in mail ballots – her campaign worked that pretty hard – but Shaw equaled that in early votes, and had a small but growing lead on Election Day. Anna’s a friend and I’m sad for her, but Shaw appears to be the nominee. I suspect – and I’d have said this regardless of who won – there will be another hotly contested primary in HD148 in 2022. It’s a fact of life with redistricting, and there’s a high potential for the neighborhoods in and around HD148 to be swapped in and out of various districts, as was the case in 2011. (I personally was at various times that year drawn into HDs 134, 143, 146, 147, and 148, before finally landing in 145. I can hardly wait to see what happens next.)

In Dallas, Lorraine Birabil, who had won the special election in HD100 and was leading by enough early on for me to say she had won, was trailing Jasmine Crockett by about 90 votes late in the evening, with three vote centers yet to report. (Hat tip to Scott Braddock and his indefatigable Twitter feed.) Elsewhere, Liz Campos won in HD119, while Lorenzo Sanchez (HD67) had a small lead. Two Republican incumbents were ousted, Dan Flynn (HD02) and JD Sheffield (HD59). Jacey Jetton had a modest lead in HD26.

UPDATE: Birabil is still trailing Crockett in HD100, but it’s not quite final yet.

Early voting for primary runoffs starts tomorrow

Remember the runoffs? It’s time we settle who our nominees are.

Who can vote in the runoffs?

Texas has open primaries, meaning you don’t have to be a registered member of either party to cast a ballot in a primary runoff. You can check your voter registration status here. But you can only vote in one party’s primary, and which one might depend on how you voted in the first round of the primaries in March. People who voted in the March 3 primary are only able to vote in that same party’s runoff election, as they have affiliated themselves with that given party for that calendar year. Those who did not participate in the March primary are able to vote in either primary runoff election.

What’s different this year?

The primaries were originally scheduled for May, but Abbott delayed them until July because of the coronavirus. Abbott also doubled the length of the early voting period for the July primary runoff elections in a move to aimed at easing crowds at the polls during the pandemic. Early voting runs from Monday through July 10.

“It is necessary to increase the number of days in which polling locations will be open during the early voting period, such that election officials can implement appropriate social distancing and safe hygiene practices,” Abbott wrote in a May proclamation.

For Harris County, the early voting map of locations with wait times is here. Please take advantage of a less-busy location if you can. The traditional PDF with the map and hours is here. Please note the new and changed locations. Please also note that there is no voting on Friday, July 3 and Saturday, July 4, due to the holiday. Voting hours are extended on Sunday, July 5 (10 to 7, instead of the usual 1 to 6) and on the last day, Friday, July 10 (7 AM to 10 PM). All other days are 7 AM to 7 PM. We should be able to get in and out safely, and you will need to bring a mask. See here for the Harris County Clerk’s SAFE principles.

My Runoff Reminder series will remind you who’s running: Statewide, Congress, SBOE and State Senate, State House, select county races, and select judicial races. Links to interviews and Q&As are in there as well.

The Chron re-ran a bunch of its endorsements on Friday:

Mike Siegel, CD10
Chrysta Castañeda, Railroad Commissioner
Michelle Palmer, SBOE6
Akilah Bacy, HD138
Rep. Harold Dutton, HD142
Rep. Anna Eastman, HD148

They had endorsed Royce West for Senate in March, and they reran that endorsement on Saturday. (UPDATE: They reran their endorsement of Michael Moore for Commissioners Court, Precinct 3, this morning.)

Also on the ballot for this election: the special election in SD14 to succeed Kirk Watson. I have interviews with the two candidates of interest, Rep. Eddie Rodriguez, and former Travis County Judge Sarah Eckhardt. Please give them a listen if you live in this district. I expect this will go to a runoff, which I hope will not need to endure a delay like the May elections did.

All the elections for July 14 are important, but just as important is that this will serve in many ways as a dry run for November, both in terms of handling a higher volume of mail ballots and also in terms of making the in person voting process as safe as it can be in this pandemic. I was on a conference call a week or so ago with a national group, the Voter Protection Corps, which presented a report for policymakers with concrete steps to protect in-person voting and meet the equal access to voting requirements enshrined in federal law and the U.S. Constitution. Harris County Clerk Chris Hollins was one of the presenters in that call. You can see a summary of the call with highlights from the report here. I will be voting in person for this election, but however you do it please take the steps you need to in order to be safe.

Runoff reminder: State House

Previously: Statewide, Congress, SBOE and State Senate.

There are seven Democratic primary runoffs for State House districts. Let’s have a look at what we’ve got.

HD26

Located in Fort Bend County, HD26 is an open seat now held by Rep. Rick Miller, who dropped out of his contested primary after some racist remarks he’d made were publicized. Sarah DeMerchant, the Dem candidate in 2016 (42.1% of the vote) and 2018 (47.6%) faces off against first-time candidate Dr. Suleman Lalani. Lalani led in March 31.7%, DeMerchant had 29.6%. I do not know if either of the other two candidates from March have endorsed in the runoff. HD26 is a prime target for Dems, one of the nine districts carried by Beto won by Republicans last time around. My primary interview with Sarah DeMerchant is here, and my primary interview with Lalani is here. A brief Q&A with all of the primary candidates from a local paper is here.

(UPDATE: Since I first drafted this, Rish Oberoi has endorsed Suleman Lalani.)

HD67

Moving up to Collin County, this is one of two near-misses for Dems from 2018, where Sarah Depew took 48.8%. (Sarah Hirsch, who got 49.7% in 2018, is back for another crack at HD66.) Four new candidates lined up for this race, with Tom Adair (32.9%) and Lorenzo Sanchez (27.0%) ending as the top two. Adair was endorsed by the DMN in March, and is quoted in this story from the Plano Against Police Brutality march in early June. Sanchez has been endorsed by Latino Victory Fund and also by former Senate candidate Cristina Tzintzun Ramirez. Both appear to have been quite active at recent protests and rallies, going by their respective Facebook pages.

HD100

This is an open Democratic seat, vacated by Eric Johnson, who is now the Mayor of Dallas. Lorraine Birabil won the special election to fill out the remainder of Johnson’s term, so she is the incumbent, though she has not participated in a legislative session yet. (There’s another race like this later, as you may know.) She led the field of six with 29.3%, followed by Jasmine Crockett at 25.9%. The Lone Star Project recently sent out an email touting Rep. Birabil’s accomplishments in her short time in office – she has called for a special session to address police violence and has vowed to file legislation on the topic. Crockett for her part has been representing protesters and co-filing lawsuits on behalf of people injured by rubber bullets. Rep. Birabil is an Annie’s List-endorsed candidate.

HD119

Also an open Democratic seat, now held by Rep. Roland Gutierrez, who as we know is running for SD19 and is in a primary runoff there. Elizabeth “Liz” Campos (whose website was offline when I drafted this) and Jennifer Ramos were the top two contenders, with 46.1% and 43.8% in March, respectively. Ramos was endorsed by the Express-News in March, and was also endorsed by Latino Victory Fund. I don’t have much else to tell you about this race.

HD138

Our last three races are all in Harris County. HD138 is the only one currently held by a Republican, and it is another Beto-carried top target, which fell short of flipping in 2018 by a handful of votes. Akilah Bacy led the way in the primary with 46.8%, followed by Jenifer Rene Pool with 29.2%. (Google still does not show a campaign webpage for Pool when I search for her.) Bacy was endorsed by the Chronicle in March, by 2018 candidate Adam Milasincic before that, and is on the Annie’s List slate. My interview with Akilah Bacy is here, and with Jenifer Pool is here.

HD142

Remember this one? Longtime Rep. Harold Dutton, forced into a runoff against still-serving-on-City-Council-in-District-B-because-we-can’t-get-a-damned-runoff-scheduled-there Jerry Davis? The race with the mystery candidate that other State Reps want investigated? That investigation is ongoing, I’ve not heard anything since then. Yeah, I don’t know what I can add to this.

HD148

Last but not least, the other district in which a special election winner is trying to be the official November candidate. Anna Eastman won the special election and runoff to fill out the remainder of Jessica Farrar’s term. She took 41.6% in the field of five in March. Penny Shaw, who was a 2018 candidate for County Commissioner in Precinct 4 and who finished sixth in the 13-candidate special election, took 22.1% in March. Eastman was endorsed by the Chron in both the special election and the primary. She has been touting vote by mail for the runoff, and along with Rep. Jarvis Johnson and Sen. John Whitmire has promised to introduce legislation making it easier for homeowners associations to change deed restrictions to easily allow old racist language to be removed. Shaw was endorsed by Farrar for the primary, and has the larger share of organizational endorsements. I interviewed both for the special election – my conversation with Rep. Eastman is here, and with Shaw is here. Both also participated in a forum held by the 2020 Democratic Candidates Debates group on Facebook, and you can see that here.

That covers most of the races of interest. I will do an update on the Commissioners Court Precinct 3 runoff, and I will remind everyone who’s running in the judicial races. Let me know what you think.

More runoff debates

In case you had not seen this, as I myself had not before Sunday.

Watch Democratic Candidate Debates Here!

Every Tuesday and Thursday in May, join us for our debate series:

Debate Schedule:
Tuesday, May 5 – Harris County Precinct 3 Commissioner
Thursday, May 7 – Texas State House District 138
Tuesday, May 12 – Texas State House District 142
Thursday, May 14 – Texas State House District 148
Tuesday, May 19 – US Congressional District 10
Thursday, May 21 – Texas State Board of Education Position 6
Tuesday, May 26 – Texas Railroad Commission
Thursday, May 28 – United States Senate

Video of past debates are on the page, so for example if you want to hear Anna Eastman and Penny Shaw, go here. In some cases, one of the candidates in the runoff has declined or not responded, but in most cases you can hear both candidates. Early voting begins June 29, so remind yourself of who’s on your ballot and start making up your mind.

Dutton’s colleagues ask for investigation of Natasha Ruiz

Hey, look, it’s actual election news!

Rep. Harold Dutton

Nearly the entire Harris County Democratic legislative delegation has asked the county attorney and district attorney to open a criminal investigation into the candidacy of a Texas House candidate whose existence was called into question after this year’s March election.

The candidate, one of four in the primary race for state Rep. Harold Dutton’s seat, received enough votes to help force Dutton, a longtime Houston Democrat, into a runoff this year.

“We are concerned that more than 2500 Harris County voters may have been duped into voting for a non-existent candidate, a serious theft of those voters’ most important right, and three legitimate candidates were harmed by the crimes committed,” reads the March 18 letter, which was signed by every delegation member except Dutton and released to a Tribune reporter on Thursday. “We request that your offices coordinate an immediate investigation into the events documented in the attached memo and take appropriate prosecutorial action at the earliest possible time.”

Dutton was the only Democrat from Houston not to sign the letter.

[…]

Dutton, who had previously said he had hired a private investigator to look into the matter, told the Tribune on Thursday that he was not involved with the delegation’s letter to Ogg and Ryan and was focused on winning the runoff election, which is now slated for mid-July instead of May.

“I hope someone takes a look at the system that allows this to happen and cleans it up so that it can’t happen again,” he said. “If there are people who have engaged in a conspiracy, I hope that law enforcement will deal with them in the proper context.”

The delegation’s letter also included an attached “Indices of Election Fraud,” which detailed the background of the long-winding drama and “known facts indicating election fraud.”

See here and here for the background. The letter sent by the delegation is here, and the “Indices of Fraud” attachment is here. The latter is the more interesting, and contains the most new information. It suggests strongly that the person originally identified as “Natasha Demming” is not the person who filed for a spot on the ballot, but was perhaps a victim of identity theft. What I had considered to be the wilder option, that someone impersonated this person when they filed for this seat, appears to be the more likely explanation based on what the delegation claims.

So yeah, this should be investigated. Start by talking to the private eye that Dutton hired, and talk to all the political insiders to see what crazy things they might have heard about this. The big question here isn’t who did this (if it really was a deliberate attempt to put a sham candidate on the ballot) but why they did it. If the intent was to hurt Dutton’s re-election chances, it seems to me that there are more straightforward ways to do that than putting an impostor on the ballot in the hope of forcing Dutton into a runoff that maybe he’d lose. (What do you think might have happened if Dutton’s runoff opponent had been Natasha Ruiz, for example?) For sure, if there is someone behind this, maybe that person isn’t the most clear-headed thinker you’ve ever known. Whatever the case, getting a handle on the motivation might at least point you in the direction of a suspect. There doesn’t appear to be much physical evidence (unless maybe someone managed to take a picture of “Natasha Ruiz”), so if this gets cracked it’ll be because someone talked. Find out who that might be, and the rest may follow.

UPDATE: And indeed, there will be an investigation.

The Harris County Attorney’s office told the Houston Chronicle on Thursday that it was looking into the matter.

The county’s District Attorney Kim Ogg responded to the delegation in late March by saying that she had forwarded the case to the public corruption division but could not confirm or deny whether it was under investigation.

“Please be assured that the protection of our democratic election process, along with enforcement of all related laws, is a top priority for my administration and that your complaint will be addressed by this office,” Ogg wrote.

Not exactly sure why it’s the County Attorney jumping in on this, but whatever. I very much look forward to seeing the results.

Does getting to 40% make you likely to win the runoff?

Anna Eastman

I was talking with some fellow political nerds last week, and one of the topics was the forthcoming runoffs. As is usually the case, this year we have some runoffs between candidates who finished fairly close together in round one, and some in which one candidate has a clear lead based on the initial election. The consensus we had was that candidates in the latter category, especially those who topped 40% on Super Tuesday, are basically locks to win in May. The only counter-example we could think of off the tops of our heads was Borris Miles beating Al Edwards, who had been at 48%, in the 2006 runoff for HD146.

So, later on I spent a few minutes on the Secretary of State election archive pages, looking through past Democratic primary results and tracking those where the leader had more than forty percent to see who went on to win in the runoff. Here’s what I found:

2018

Winners – CD03, CD10, CD23, CD31, Governor, SD17,
Losers – CD27, HD37, HD45, HD64, HD109*, HD133*

2016

Winners – CD15, HD27
Losers – SBOE6

2014

Winners – Senate, SBOE13
Losers – HD105

2012
Winners – CD34, HD95, HD137
Losers – CD23*, SBOE2

2010
Winners – CD10, HD76*

2008
Winners – CD32, RRC

2006
Winners – Senate, Lt Gov, HD42, HD47*
Losers – HD146

In each of the cited races, the leading candidate had at least 40% of the primary vote. Races that have asterisks indicate that the runnerup also had at least 40%. As you can see, up until 2018, having forty percent or more in the primary was indeed a pretty good indicator of success in overtime. The last cycle provided quite a few counterexamples, however, including one incumbent (Rene Oliveira, who had been busted for a DWI earlier) who went down. So maybe 40% isn’t such a magical number, or maybe it’s harder now than it was before 2012. Or maybe this is just a really small sample and we should be careful about drawing broad conclusions from it.

Fortunately, we have quite a few races this year to add to this sample:

CD03 – Lulu Seikaly 44.5%, Sean McCaffity 43.8%
CD10 – Mike Siegel 44.0%, Pritesh Gandhi 33.1%
CD13 – Gus Trujillo 42.2%, Greg Sagan 34.7%
CD17 – Rick Kennedy 47.9%, David Jaramillo 35.0%
CD24 – Kim Olson 40.9%, Candace Valenzuela 30.4%
SBOE6 – Michelle Palmer 46.8%, Kimberly McLeod 34.6%
SD19 – Xochil Pena Rodriguez 43.7%, Roland Gutierrez 37.3%
SD27 – Eddie Lucio 49.8%, Sara Stapleton-Barrera 35.6%
HD119 – Liz Campos 46.1%, Jennifer Ramos 43.7%
HD138 – Akilah Bacy 46.7, Jenifer Pool 29.3%
HD142 – Harold Dutton 45.2%, Jerry Davis 25.3%
HD148 – Anna Eastman 41.6%, Penny Shaw 22.1%
138th District Court – Gabby Garcia 48.0%, Helen Delgadillo 31.0%
164th District Court – Cheryl Elliott Thornton 41.3%, Alexandra Smoots-Thomas 33.1%

I’ll be sure to do an update in May, when we can see if the leading candidates mostly held serve or not. Place your bets.

Runoff roundup

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

US Senate – MJ Hegar versus Royce West

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

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

Railroad Commissioner – Chrysta Castaneda versus Roberto Alonzo

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

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

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

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

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

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

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

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

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

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

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

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

HCDP statement on Natasha Ruiz

From the inbox:

The Harris County Democratic Party has learned of an allegation that a candidate on the Harris County Democratic Party Primary ballot for Texas House District 142 may not have been a genuine candidate. HCDP has not been presented with evidence to corroborate this allegation, but we have recently become aware of its existence.

The facts we have are that on December 9th, during the 30 day filing period to be placed on the Democratic Party primary ballot, a person claiming to be Natasha Ruiz came to the party office with the required elements to file: an application, identification, and filing fee. This Application was subsequently approved, and the name of this candidate appeared on the March 3rd Democratic Party primary ballot.

Since the day the person filing the application came to the Party office, no one from our staff has had any further contact with her.

The party followed all steps required by the Texas Election Code to approve this Application for a place on the ballot. At no time prior to the primary election did we receive any information that there may be any questions or concerns about the genuineness of this Application or the eligibility of the person who submitted it to be a candidate for the office sought.

See here for the background. There are basically two possible explanations here:

1. Someone, for reasons unknown, provided a fake ID for a person who then claimed to be “Natasha Ruiz” and filed for the HD142 primary.

2. The Natasha Ruiz that ABC13 identified and contacted yesterday is the person who filed for the primary and was not telling the truth when she denied any knowledge of this.

Maybe I’m missing some other possibility, so let me know if you come up with another scenario that can fit the known facts. Option 1 is the most spectacular, and as such seems to be the least likely. As for option 2, maybe Harold Dutton’s private investigator can shed some light on that. Fascinating as this all is, until and unless we find out more there’s not much to be done about it, and there’s insufficient evidence to conclude that the absence of “Natasha Ruiz” on the ballot would have enabled Dutton to avoid a runoff. Let’s move on to May, and if something comes up to suggest that dirty tricks were at play we can reassess. Stace has more.

HD142 and the case of the mystery candidate

WTF?

Rep. Harold Dutton

Long time Democratic State Representative Harold Dutton was forced into a runoff Tuesday night, but a ghost candidate may have helped make that happen.

Dutton, who has long represented House District 142 in northeast Houston, already faced a formidable challenger in Houston City Council Member Jerry Davis. However, the only female name on the ballot is what’s raising eyebrows.

“When you’re leading, you’re never at a disadvantage,” said Dutton, “But I think there are a lot of questions about what happened in this election.

According to the Harris County Clerk’s election records, the third place finisher in the race is a woman named Natasha D. Ruiz. She received 2,597 votes, or just 20% of the votes. Dutton finished first with 45% and Davis made it into the runoff with 25%.

“We have never seen them, we never talked to them, they never showed up, they never had a sign. They don’t seem to be a real person,” said Dutton.

Davis didn’t disagree with Dutton’s assessment.

“I ran my race, I saw her name, Ms. Natasha Ruiz,” said Davis. “I have not had an opportunity to meet her, or see her at any of the events. No signs in the yard, nothing.”

ABC13 found a campaign treasurer filing document with the Texas Ethics Commission. On the document, the candidate’s name was listed as Natasha Demming Ruiz. The campaign treasurer is listed as Hector Riveria.

Riveria’s phone number went unanswered. However, when we called Ruiz, a woman picked up. Identifying herself as Natasha Demming, she told us she lives in Colorado and is a truck driver.

Demming said she has not lived in Houston for years. She is registered to vote at her elderly mother’s home. Demming said she has no idea why anyone would sign her up to run for office.

In a year where we had Not That Jerry Garcia and in a city where we once had the other Bill White, I guess I can’t be too surprised by something like this. The Trib adds some details:

Dutton, who said he has already hired a private investigator to look into Ruiz’s candidacy issue, told the Tribune that questions about it were first brought to his attention a few weeks ago, when an anonymous letter sent to his law office pointed out discrepancies between Ruiz and a “Natasha Nicole Demming.”

A copy of Demming’s voter registration record with Harris County was attached and included her address and phone number, which matched the paperwork Ruiz filed with the Harris County Democratic Party in December, though Ruiz wrote on the candidate filing that her full name was “Natasha Demming Ruiz” and her ballot name was “Natasha Ruiz.” Ruiz also listed her occupation as a teacher.

The address and phone number used by Ruiz on her candidate filing also matched a campaign treasurer appointment form filed with the Texas Ethics Commission. The phone number for Ruiz’s campaign treasurer had been disconnected when called Thursday.

Ruiz’s candidate filing paperwork, which was reviewed by the Tribune, was notarized by Marc Malacoff, who works for the local party. DJ Ybarra, executive director for the Harris County Democratic Party, said that Ruiz showed a Texas driver’s license with an expiration date as her form of photo ID when submitting that paperwork.

So either someone used a fake ID to impersonate this Natasha Demming Ruiz person, or it was her and she’s not being truthful about it now. Both are crazy, and deserve some kind of investigation to find out what happened. Candidates who file for an office and then basically disappear are hardly unheard of – I feel like nearly all of the multi-candidate City Council races last year featured at least one such person, and anyone who’s been a Democrat in Texas for more than five minutes has been saying “Yeah, like Gene Kelly” since I started typing this sentence – but this is next level. I would certainly like to know what the real explanation is here. The Chron has more.

2020 primary results: State races

I’m going to direct you to the Texas Tribune results page, which combines both parties’ results and is a couple orders of magnitude less sucky than the revamped SOS election night results pages. Good Lord, whoever designed that “upgrade” from the lower-tech previous version should be banished to a desert island. We’re gonna do bullet points here:

– As with the Harris County judicial races, female candidates swept the statewide judicial nominations. Brandon Birmingham, who was unopposed for CCA Place 9, will be the lone Democratic dude on the statewide judicial ballot. Staci Williams was leading Brandy Voss for Supreme Court Place 7. On the Republican side, incumbent CCA Place 3 incumbent Bert Richardson was holding on against Rick Perry fangirl Gina Parker. Good grief.

– Chrysta Castaneda and former State Rep. Roberto Alonzo were headed to a runoff for Railroad Commissioner. On the Republican side, incumbent Ryan Sitton was trailing his opponent, some dude named Jim Wright. I was paying no attention to that one, so I’ll be looking for some news stories today to explain what happened there.

– Michelle Palmer and Kimberley McLeod were headed to a runoff in SBOE 6, while Marsha Burnett-Webster was cruising in SBOE 10. Rebecca Bell-Metereau was on her way to another shot at SBOE5, and, well, lookie here:

Robert Morrow is leading in the Republican primary races for the State Board of Education District 5 seat, which represents an area spanning Austin to San Antonio, according to some voting returns Tuesday night.

With about 86,000 votes counted, Morrow, a provocateur who often posts photos of women’s breasts on social media, had 39% of votes, followed by Lani Popp, a speech pathologist at the Northside school district in San Antonio, who had 36% of votes. Inga Cotton, executive director of San Antonio Charter Moms, a nonprofit that provides resources to families about charter schools, has 25% of votes. If nobody wins more than 50% of votes, the two highest vote recipients will head to a run-off election May 26.

Chairman of the Travis County GOP Matt Mackowiak was already signaling his dismay at Morrow’s lead Tuesday night.

You may recall that Morrow was for a brief time the Chair of the Travis County GOP. Have fun dealing with that shit sandwich, Matt.

– Sen. Eddie Lucio was on the knife’s edge to win in SD27. He was just over 50% when last I looked. Sara Stapleton-Barrera was in second, with about 34%. This still could go to a runoff, we’ll see. In SD19, the main pickup opportunity for Dems, Xochil Pena Rodriguez led Roland Gutierrez and would face him in the runoff. Sen. Borris Miles was around 60% of the vote in his race.

– For the State House, Natali Hurtado (HD126) and Ann Johnson (HD134) won easily. Akilah Bacy was headed to a runoff with Jenifer Pool in HD138, and Anna Eastman will have to run one more race, this time against Penny Shaw, in HD148. As of this writing, Rep. Harold Dutton was at 50.03% in his race, eight votes above the line to avoid a runoff. Needless to say, that can change. All other incumbents, in Harris and elsewhere, were headed to victory, though on the GOP side Reps. Dan Flynn and JD Sheffield were facing runoffs. Suleman Lalani and Sarah DeMerchant were leading in HD26.

Like I said, a few things are still in flux, but this is where we are with about two-thirds of the Harris County vote in. I’ll do updates as needed and will have more tomorrow.

UPDATE: In the end, both Sen. Eddie Lucio and Rep. Harold Dutton fell short of fifty percent and will be in runoffs in May.

The interviews I didn’t do

As was the case with the 2019 Houston elections, there were too many candidates and too many races (and in this case, too little time as well) to do a full slate of interviews. I did what I could, and did a pretty good job of covering the races of interest in Harris County if I do say so myself, but if there had been more time I’d have done more. In some cases, I can point to previous interviews or other resources, so let’s have a review, and look ahead to what might be on tap for the runoffs.

US Senate: I’d have loved to interview some of these candidates, but it was unlikely I’d be able to get time on their calendars, especially after the filing deadline. The Texas Signal has done some Senate candidate forums, and you can see links to Facebook videos from one they did in Houston here. The Texas Trib also did a series of interviews with the five leading candidates, and they can be seen here, as well as a Q&A series here.

CD02: I interviewed Elisa Cardnell and Travis Olsen very early in the cycle, before the filing deadline and thus before Sima Ladjevardian entered the race. I’ve tried but have not succeeded at setting up a time to talk with her, and if there’s a runoff that she’s in that will be a top priority for me.

CD08: This is obviously not a district that anyone expects to be competitive, but I regret not having the time to speak to Laura Jones and Elizabeth Hernandez. They both look like super candidates, and it’s important to support efforts to build Democratic infrastructure in places like Montgomery County. That race is on my list for November.

CD09: Rep. Al Green is the one Democrat in Congress from the area that I’ve never had the chance to interview. Tried to chase him down once a few years ago but couldn’t make it happen. I don’t see this as a competitive race and there’s no need to do a November interview, but one of these days I’d like to talk with him, just to have done it.

CD10: I interviewed Mike Siegel for the 2018 runoff. This race is on my list for the May runoff, if there is one.

CD18: I interviewed Rep. Sheila Jackson Lee back in 2010. I would enjoy talking with her again, but I did not have it in me to do seven (!) interviews for this race. In the unlikely event of a runoff, I’ll definitely revisit this race.

CD22: I interviewed Sri Kulkarni for the 2018 runoff. My original thought was that if this goes to a runoff I’ll be there for it, but after the recent bizarre allegations between the two candidates who might make it into a runoff besides Sri Kulkarni, I’m not sure what I’ll do.

SD11: I interviewed Susan Criss when she ran for HD23 in 2014. I may or may not do this race for November, we’ll see.

SD13: I’ve interviewed Sen. Borris Miles twice, most recently in 2012, when he was running for re-election in HD146. Let’s just say I’d have to ask him some very different questions now, and leave it at that.

HD126: As it happens, I interviewed both candidates in 2018 – Natali Hurtado, and Undrai Fizer. I’ll probably do this one for November, we’ll see.

HD142: I have never interviewed Rep. Harold Dutton, I don’t think I’ve ever met him. I have interviewed Jerry Davis a couple of times, most recently in 2013. I will definitely want to do interviews in this race if there’s a runoff.

HD146: I have not interviewed Rep. Shawn Thierry, but I did run a judicial Q&A from her in 2010. I interviewed Ashton Woods for City Council last year.

HD147: I have interviewed Rep. Garnet Coleman multiple times, most recently in 2012. He’s always been a favorite person to talk to. In the unlikely event of a runoff, I’ll definitely revisit this race.

HD148: Had it not been for the special election in November, I’d have been all over this race. That said, thanks to the special election I’ve already done interviews with Rep.-elect Anna Eastman, Penny Shaw, and Adrian P. Garcia. I also interviewed Cynthia Reyes-Revilla for City Council. I might possibly revisit this in a runoff, but because I’ve done these interviews so recently it’s not clear to me I’d have anything new to ask these folks. We’ll see.

Sheriff: I’ve interviewed Sheriff Ed Gonzalez multiple times, including in 2016 when he first ran for Sheriff. I also interviewed Jerome Moore after he made it to the runoff with Gonzalez in 2016. I didn’t see this race as a particularly serious challenge to Gonzalez, so I put a higher priority on the DA and County Attorney races. If it turns out I was wrong and this one winds up in a runoff, I will of course revisit it.

HCDE: I also regret not doing interviews in the two At Large HCDE races, but there just wasn’t the time, and unlike with legislative offices there’s just so many questions about this position I can reasonably ask. I’ll probably do Position 7 if that race goes to a runoff, but we’ll see.

Yeah, I’ve done a lot of interviews over the years. Always room for more, though not always the time. I’ll be back to the task in March, and again later this year. Hope you find this useful.

Endorsement watch: More State Reps

The Chron finishes the task of endorsing in the State Rep primaries. Here was Round One, now let’s dive into the rest.

Natali Hurtado in HD126:

Natali Hurtado

Hurtado was 19 and a college student working at Olive Garden when she became a single mother. Her husband was arrested and convicted for a crime committed before she knew him and sentenced to life in prison, leaving her to fend for her young daughter. She moved back in with her parents and relied on food stamps and Medicaid. She stayed in school and eventually graduated from the University of Houston, before earning a master’s degree in public policy and administration at the University of St. Thomas.

She told the Editorial Board she’s running for a seat in the Legislature to represent “not just those that had a privileged upbringing but those with real struggles in life.”

Now 36, she has cut her teeth in politics in various positions with elected officials at City Hall, the Texas House and in Congress for U.S. Rep. Gene Green. She currently works as deputy head of a local management district. Hurtado’s ability to connect her own remarkable story, and those of district residents, to policy ideas is exactly what is needed in a legislator. Her platform includes expanding Medicaid, improving public education and addressing flooding. She also has her ear to the ground in terms of economic development and addressing blight in the district.

As noted before, this is a rematch of the 2018 primary between Hurtado and Undrai Fizer. Hurtado was endorsed by the Chron then, and won that race. HD126 is one of the districts targeted by the Dems this cycle – in 2018 it was on the fringe of the fringe – and will be a bigger deal this time around.

Akilah Bacy in HD138:

Akilah Bacy

House District 138 has been represented by Republican Dwayne Bohac since 2003, but the political currents could be changing and Democrats have a strong chance of picking up the seat in the fall. Last time, Bohac won his seat by just 47 votes and he’s not running again. That means the district, which has the Addicks Reservoir at its center and includes Bear Creek neighborhoods and parts of Spring Branch, is wide open.

Democratic primary voters have two strong candidates to choose from. Akilah Bacy, 34, has strong, on-the-ground experience that speaks to her passion and smarts. Josh Wallenstein, 44, has proven his commitment to improving education and other vital local issues. It’s a close decision, but we feel that a vote for Akilah is the best choice for Democrats in this district.

Bacy told the Editorial Board about an experience representing a client who could not read key legal documents, an encounter that motivated her to volunteer to teach adult literacy and ESL in her local school district and to hold free legal-rights classes. She has also represented children seeking asylum at the United States borders at no cost. Bacy grew up in northwest Houston and has an insider’s knowledge of its challenges. She attended Cypress-Creek High School, Spelman College and Texas Tech law school. She began her career as an assistant district attorney for Harris County before starting her own firm. Her focus is on core issues — education, healthcare, flooding, climate, employment rights, restorative justice — all issues voters in her district care deeply about.

I agree this is a tough choice. They’re both strong candidates and would represent the district well. Wallenstein has raised more money so far, but I don’t think that matters too much. This district is a top priority, there will be plenty of establishment support for whoever wins. Jenifer Pool is also in this primary so there’s a good chance this will go to a runoff. Pick your favorite and go with it.

Rep. Jarvis Johnson in HD139:

Rep. Jarvis Johnson

Angeanette Thibodeaux credits her opponent, State Rep. Jarvis Johnson, D-Houston, for joining other community and elected leaders to help defeat plans to locate one more concrete batch plant in Acres Homes.

But rather than a reason to send him back to Austin for a fourth term, she says the fact that the batch plant operator was able to get a permit in the first place is grounds to fire Johnson and vote for her instead to fight for the seat in November. Experience like that, she said, is not worth keeping. “I won’t sleep at the wheel,” she said in a video posted to her website.

In politics, that’s called taking your opponent’s strength and turning it on its head to make it sound like a weakness. It can be effective, but Democratic voters in the 139th District should look beyond the jujitsu and stick with Johnson, 48.

He’s been in office three terms, and has been consequential even as a Democrat in a GOP-dominated chamber. He has passed bills, worked with Republicans and Democrats and rallied allies to safeguard the interests of his constituents. Far from being a liability, his work to help convince owners of the batch plant to drop plans to locate in Acres Homes is a powerful example of success.

I’ve been basically happy with Rep. Johnson. I didn’t think he was all that capable as a City Council member, and he never articulated a good reason for his 2010 primary challenge to Rep. Sheila Jackson Lee, but overall as far as I can tell he’s been fine as a State Rep. I haven’t met Angeanette Thibodeaux and can’t say how they compare. If you live in this district and have any thoughts about it, I’d love to hear them.

Rep. Harold Dutton in HD142:

Rep. Harold Dutton

There’s a reason why Harold V. Dutton Jr., who has been in the Legislature since 1985, has drawn his first competitive challenge in decades: the looming state intervention in the Houston Independent School District.

House Bill 1842, spearheaded by Dutton in 2015 and approved with overwhelming support, set the district on a collision course with the state over chronically failing schools.

Dutton arrived at that legislation neither lightly nor quickly, he told the Editorial Board. He first proposed other options and tried to work with the school board to help underperforming schools, including Kashmere High School and Wheatley High School, both in his district and both of which have been on the state list of troubled schools for years.

While the remedy — sidelining an elected school board with a state-appointed board of managers — is extreme and offers no guarantees, Dutton believes that it’s better than the alternative of another year of students falling behind.

We wish Dutton’s legislation had allowed otherwise strong districts more flexibility in addressing campuses with long histories of failure. But we are convinced Dutton was acting in good faith to force accountability, and his authorship of this one bill is not enough reason to forget years of accomplishment, nor the advantages that his seniority in the Legislature confers.

Dutton has done a lot in his legislative career, and he’s been a force for good on voting rights and criminal justice reform. I think you can admire the intent of HD1842 and recognize that the overall consequences of it may be significant, without any guarantee of a payoff. Whether the one of these outweighs the other is the choice you get to make if you live in this district. I like Jerry Davis and I think he’d make a fine State Rep. We’ll see if he gets the chance.

The Chron still has a lot to do before they’re done – HCDE, Tax Assessor, District Attorney, State Senate, Railroad Commission, Supreme Court, Court of Criminal Appeals, Congress, US Senate, and, you know, President. My gut feel on Friday as I write this is that they’ll go with Amy Klobuchar, but what do I know? The point is, there are still a lot more of these to come.

Chron overview of the HD142 primary

Also known as the How Mad Are People At Harold Dutton? primary.

Rep. Harold Dutton

Longtime state Rep. Harold Dutton is facing the most serious re-election test of his 35-year political career in an acrimonious primary against two Democratic opponents.

The race, which has generated few headlines but produced ample tension between the candidates, pits Dutton against Houston District B Councilman Jerry Davis and transportation logistics executive Richard Bonton. A fourth candidate, Natasha Ruiz, does not appear to have a campaign website and has yet to file any campaign finance reports.

Imperiling Dutton’s re-election is a well-funded challenge from Davis, who since 2012 has represented much of the same northeast Houston territory as Dutton, including Fifth Ward, Kashmere Gardens and Trinity/Houston Gardens.

The candidacy of Bonton, who ran unsuccessfully for the seat in 2018, also raises the prospect that Dutton could be forced into a runoff for the first time since his initial run for the seat in 1984, said Michael Adams, chairman of Texas Southern University’s political science department.

“I think it’s a very competitive race,” Adams said. “Harold is a long-standing incumbent, but that cuts both ways, because Jerry has a lot of recognition from his city council races.”

Nothing has drawn more attention in the race than Dutton’s role in crafting a 2015 law that requires the Texas Education Agency to penalize a district if any of its schools fails state standards for five consecutive years by closing the school or replacing the school board.

[…]

Dutton shrugs off the criticism over HISD, noting that the law received widespread bipartisan support when it sailed through the Legislature five years ago.

“I stand by it totally,” Dutton said. “I just couldn’t in good faith sit there and do nothing while these students linger in the education toilet. HISD, like most school districts, could have taken the opportunity to fix the schools. That’s what could have happened and should have happened, but didn’t happen.”

I just don’t know what to make of this one. It’s certainly the strongest challenge Rep. Dutton has faced in a long time – he made it through the Craddick years without being targeted – I just don’t know how much people will hold the TEA takeover stuff against him. He’s right, the bill had broad support when it passed, and there’s certainly a case that if a school continues to struggle year after year, it’s being failed by its district as much as anything else. On the other hand, he doesn’t have much money, he probably doesn’t have much of a field operation (since he’s never needed to have one, and he’s far from the first name you think of when you think of team players in the countywide campaign), and he doesn’t have much in the way of establishment organizational support. Labor has mostly sided with Davis (with the exception of the Texas State Teachers Association, which may see him as a friendly incumbent), as has the GLBT Caucus, while HBAD has endorsed Bonton, and the Texas Coalition of Black Democrats co-endorsed Bonton with Dutton. Maybe the high expected turnout will help him, as he’s likely the best known name on the ballot even after Davis has won three elections, and maybe less-frequent voters will feel less affinity for him. I really have no idea. If you live in the district and have seen the campaign activity there, please leave a comment.

The Jerry Davis situation

Someday, this is going to be taught in political science classes. And possibly law schools.

CM Jerry Davis

The ongoing election dispute in District B has put Jerry Davis in a peculiar position, seemingly caught between two provisions of the Texas Constitution as he challenges longtime incumbent state Rep. Harold Dutton in the March 3 Democratic primary.

And it is unlikely to change until the courts clear the way for voters to cast ballots in the long-delayed runoff for his council seat.

Until then, Davis is stuck in the council seat he was supposed to leave in January because of term limits.

[…]

With no new council member seated by the first of the year, Article XVI, Sec. 17 of the Texas Constitution kicked in, requiring Davis to remain in the District B seat until his successor can be elected and seated.

“All officers of this State shall continue to perform the duties of their offices until their successors shall be duly qualified,” the provision reads.

When Davis filed Dec. 9 to challenge Dutton for the District 142 seat in the Texas House, it raised another constitutional clause, this one found in Article III, Sec. 19.

That provision says no public official who holds a “lucrative office… shall during the term for which is he elected or appointed, be eligible to the Legislature.”

Texas Supreme Court rulings have held that any paid public office, no matter how small the compensation, is considered “lucrative.” Additionally, the high court has ruled that the eligibility requirement extends to one’s candidacy.

A Houston city council salary is around $63,000 a year.

To date, no one has challenged Davis’ eligibility.

The councilman said he believes he is in the clear because his elected term ended in January. Democratic Party officials, tasked with determining eligibility for primary candidates, say they believe he qualifies because his appointed term as a hold-over should end long before he would join the Legislature next January if he wins.

And Dutton has not lodged any complaints or challenges. That could change, should Davis prevail in the March election.

Buck Wood, an authority on Texas election law who has represented clients in landmark Supreme Court rulings on the subject, said the law holds that candidates have to be eligible while they are running for office, not just on the date they take it.

Since Davis still is on the council, someone could make the case that he is not eligible, he said.

“The problem is, the court has also held that you have to be eligible as of the date that you file,” Wood said.

The interaction of those two constitutional clauses is an open legal question, left unresolved for now by Texas judges.

“The courts have not ruled on that hold-over provision,” he said.

It gets deeper into the weeds from there, and I’ll leave it to you to read up. For now, all is well and legal and good. Until such time as someone files a lawsuit – either Dutton over Davis’ eligibility to be on the ballot (an irony that may wash us all into the sea), or a city resident alleging that some action Davis has taken since January 1 as Council member is invalid, or maybe some other claim I can’t envision right now – there are no problems. Maybe we’ll make it all the way to the (we hope) May runoff in District B and there will still be no problems. It can all come crashing down at any time, and if that happens it’ll tie up the legal system for years, but for now, make like Wile E. Coyote and keep on running. As far as you know, the end of that cliff has not yet arrived.

(Note: this story ran, and I drafted this post, before the ruling in the District B runoff lawsuit. The fundamentals are the same, as Davis will still be serving till we have a runoff winner.)

January 2020 campaign finance reports: State House, part 1

I’m going to take a two-part look at the finance reports in State House districts. Part One will be from Harris County, looking at both contested primaries and contested November races. Part Two will focus on races in the counties around Harris. Previous entries in this series include Harris County offices, and statewide races.

Undrai Fizer, HD126
Natali Hurtado, HD126

Sam Harless, HD126

Josh Markle, HD128
Mary Williams, HD128

Briscoe Cain, HD128
Robert Hoskins, HD128

Kayla Alix, HD129

Dennis Paul, HD129
Ryan Lee, HD129

Bryan Henry, HD130

Tom Oliverson (PAC), HD130

Alma Allen, HD131
Carey Lashley, HD131
Deondre Moore, HD131
Elvonte Patton, HD131

Gina Calanni, HD132

Angelica Garcia, HD132
Mike Schofield, HD132

Sandra Moore, HD133

Jim Murphy (PAC), HD133

Lanny Bose, HD134
Ann Johnson, HD134
Ruby Powers, HD134

Sarah Davis, HD134

Jon Rosenthal, HD135

Merrilee Beazley, HD135
Justin Ray, HD135

Akilah Bacy, HD138
Jenifer Pool, HD138
Josh Wallenstein, HD138

Josh Flynn, HD138
Lacey Hull, HD138
Claver Kamau-Imani, HD138

Jarvis Johnson, HD139
Angeanette Thibodeaux, HD139

Senfronia Thompson, HD141
Willie Franklyn, HD141

Harold Dutton, HD142
Richard Bonton, HD142
Jerry Davis, HD142
Natasha Ruiz, HD142

Shawn Thierry, HD146
Ashton Woods, HD146

Garnet Coleman, HD147
Colin Ross, HD147
Aurelia Wagner, HD147

Anna Eastman, HD148
Adrian P. Garcia, HD148
Cynthia Reyes-Revilla, HD148
Penny Shaw, HD148
Emily Wolf, HD148

Lui La Rotta, HD148

Michael Walsh, HD150

Valoree Swanson, HD150


Candidate     Raised     Spent     Loan     On Hand
===================================================
Fizer            800       319        0         500
Hurtado       25,091     9,588        0      11,752

Harless       73,265    11,022   20,000     103,669

Markle        78,906    12,426        0      68,081
Williams

Cain         125,891    39,462        0     133,616
Hoskins        4,575    26,033        0       3,804

Alix           2,141     1,343        0         898

Paul          85,621    38,444  156,000     116,486
Lee           10,720     4,779        0       5,879

Henry          3,385     2,901        0       3,385

Oliverson     56,555    62,895   60,000     101,693

Allen         11,100    13,251        0      32,798
Lashley
Moore
Patton        43,075     1,100        0      10,000

Calanni       82,002    24,571        0      70,770

Garcia        28,045    20,076        0      21,309
Schofield     27,400    24,152        0     152,549

Moore          2,000     2,539        0       1,502

Murphy       120,076   132,583        0     487,913

Bose          54,573    13,702        0      40,871
Johnson       58,287    31,075        0     148,054
Powers        43,015    40,852        0      18,299

Davis         89,750    76,040        0     230,958

Rosenthal     70,841    42,143        0      41,320

Beazley            0       465        0           0
Ray           52,666    24,644        0      47,082

Bacy          28,066     6,799        0      14,455
Pool
Wallenstein   42,137    35,766   10,000      51,786

Flynn         12,080    20,761        0       9,166
Hull          50,068     4,551        0      45,516
Kamau-Imani   18,800     2,229        0      16,570

Johnson        8,775     3,619    2,500      26,946
Thibodeaux     7,000     2,069        0       4,931

Thompson     104,216   136,801        0     889,738
Franklyn           0     1,873        0       1,336

Dutton        26,876    16,676        0      79,263
Bonton
Davis        139,565     9,787        0     129,928
Ruiz

Thierry       13,710    11,825        0      13,446
Woods          1,485     1,263        0       1,690

Coleman       97,990   129,532        0     110,589
Ross
Wagner

Eastman       75,378    57,861        0      33,967
Garcia        12,100     2,500        0       4,000
Reyes-Revilla  3,547         0    8,000       3,547
Shaw          11,635    15,531   34,000      15,454
Wolf               0         0      200         235

La Rotta      11,280    10,602        0       4,095

Walsh              0        33        0          33

Swanson       10,201    27,643   34,040      34,657

You may also want to refer to this Trib story and this Reform Austin post about the finance reports in the top tier House races. I don’t have the bandwidth to look at all of them, so check them out for their reporting on it.

There are several contested Democratic primaries, including five challenges to incumbents in safe D districts. This was a popular pastime in the 2000s, during the Craddick era – Alma Allen beat Ron Wilson, Armando Walle beat Kevin Bailey, Borris Miles took three out of four against Al Edwards. The latter of those occurred in 2012, and while there have been primary opponents to incumbents over the past few cycles, none have come close to succeeding; Edward Pollard in HD137 and Demetria Smith in HD149, both of whom got about 35% in their races in 2016, came closest. The one this year that has the greatest potential to upset the status quo is in HD142, where longtime State Rep. Harold Dutton faces unrest over his role in passing the TEA takeover bill as well as the tumult in City Council District B. Still-current District B incumbent Jerry Davis, who transferred all of his city campaign funds into his State Rep campaign treasury, is the main threat to Dutton. I can’t wait to see how the endorsements play out – Davis has already gotten the nod from the Texas Gulf Coast Area Labor Federation (TGCALF), AFL-CIO, the only challenger to an incumbent in Harris County to do so. Elvonte Patton, who was a candidate for HCDE in the 2018 primary, has a nice fundraising total, but most of that is in kind, and Alma Allen has vanquished previous challengers with 85% or more of the vote in the past.

On the Republican, there’s not much action outside of an attempt to install a grownup in HD128. As I understand it, Robert Hoskins has some establishment support in his effort to knock out Briscoe Cain, but as you can see not a lot of money. We both know which speaks louder.

The four most hotly contested seats, one of which is open, is where the bulk of the action is. All three contenders in HD134 raised similar sums, but Ann Johnson has a commanding lead in cash on hand thanks to a big first half of the year. Akilah Bacy and Josh Wallenstein both raised a few bucks in HD138, with Wallenstein doing a bit better, while Lacey Hull led the pack on the Republican side. I have to assume now that his spot on the ballot is assured, Josh Flynn will ramp it up. Freshman Reps Gina Calanni and Jon Rosenthal both outpaced the totals of their potential opponents. The HD132 GOP race will be interesting, as Angelica Garcia has Greg Abbott’s endorsement but former Rep. Mike Schofield still has cash left over from his 2018 loss. To some extent, none of these totals matter that much because there will be a ton of PAC money on both sides in all of the competitive districts. Still, a candidate or incumbent who can raise cash on their own is stronger than one who relies mostly on others doing that work.

In HD148, where there’s both a contested primary and a special election runoff (happening now!), the main thing to note is that these totals are all from October 27 through the end of the year, as all of the candidates save Emily Wolf had eight-day finance reports from their November 2019 races. Penny Shaw has gotten a couple of early endorsements, so the 30-day report in early February will tell a more detailed picture for this race. As for the special election runoff, there’s nothing to suggest anything unusual, Erica Greider’s weekend daydreams aside.

Beyond that, not a whole lot else to discuss. Jim Murphy’s cash on hand total is one reason why I speculated he might consider a run for Mayor in 2023 if the Lege is no longer amenable to him. Sarah Davis would probably have more cash on hand right now if she hadn’t had to fend off primary challengers in the past. As above, I’m pretty sure she’ll have the funds she needs to run that race. The Dems have some longer shots out there, with HD126 being the most competitive of them, so keep an eye on Natali Hurtado. I’ll be back next time with the State House races from elsewhere in the region.

Where the primary action is

It’s on the Democratic side in Harris County. This should come as a surprise to no one.

The crowded Harris County Democratic primary field reflects a new reality in Houston politics: With the county turning an even darker shade of blue in 2018, many consider the real battle for countywide seats to be the Democratic primaries, leading more candidates to take on incumbent officeholders.

“This is the new political landscape of Harris County. Countywide offices are won and lost in the Democratic Primary,” said Ogg campaign spokesperson Jaime Mercado, who argued that Ogg’s 2016 win “signaled a monumental shift in county politics” and created renewed emphasis on criminal justice reform now championed by other Democratic officials and Ogg’s opponents.

In the March 3 primaries, Ogg, Bennett, Sheriff Ed Gonzalez and County Attorney Vince Ryan — all Democrats — face at least two intra-party opponents each, while Democratic Commissioner Rodney Ellis has a primary challenger in former state district judge Maria Jackson.

Excluding state district and county courts, 10 of 14 Harris County Democratic incumbents have at least one primary foe. In comparison, three of the seven county GOP incumbents — Justice of the Peace Russ Ridgway, Precinct 4 Constable Mark Herman and education department trustee Don Sumners — have drawn primary challengers.

At the state level, Republicans from the Harris County delegation largely have evaded primary opponents better than Democrats. All but three GOP state representatives — Dan Huberty, Briscoe Cain and Dennis Paul — are unopposed.

On the Democratic side, state Sen. Borris Miles and state Reps. Alma Allen, Jarvis Johnson, Senfronia Thompson, Harold Dutton, Shawn Thierry and Garnet Coleman each have primary opponents.

Overall, the 34 Democratic incumbents seeking re-election to federal, state and county seats that cover at least a portion of Harris County — not including state district and county courts — face 43 primary opponents. The 22 Republican incumbents have 10 intra-party challengers.

It should be noted that a few of these races always draw a crowd. Constable Precincts 1, 2, 3, and 6 combined for 22 candidates in 2012, 21 candidates in 2016, and 17 this year. Three of the four countywide incumbents – DA Kim Ogg, Sheriff Ed Gonzalez, and Tax Assessor Ann Harris Bennett – are in their first term, as is County Commissioner Rodney Ellis. There are fewer Republican incumbents to target, so Dem incumbents get to feel the heat. The bigger tell to me is that Republicans didn’t field candidates in nine District Court races. As I’ve said ad nauseum, it’s the judicial races that are the best indicator of partisan strength in a given locale.

The story also notes that the usual ideological holy war in HD134 is on hold this year – Greg Abbott has endorsed Sarah Davis instead of trying to primary her out, and there’s no Joe Straus to kick around. Republicans do have some big races of their own – CD07, CD22, HD26, HD132, HD138, County Commissioner Precinct 3 – but at the countywide level it’s kind of a snoozefest. Honestly, I’d have to look up who most of their candidates are, their names just haven’t registered with me. I can’t wait to see what the finance reports have to say. The basic point here is that we’re in a new normal. I think that’s right, and I think we’ll see more of the same in 2022. Get used to it.

After-deadline filing review: Houston area

There’s a lot to digest following Monday’s filing deadline, and as I’ve said I’m going to take some time and go over it in as much obsessive detail as you’ve probably come to expect from me. As a reminder, the filing info can be found here, with the caveat that it may not be fully complete. Only two Dem filers in CD03 are listed, for example, while the not-listed Tanner Do sure seems to have filed. This will all get fixed over the next couple of days, but let’s do keep that in mind.

Congress: Sima Ladjevardian’s entry into the CD02 primary was the main news here. She doesn’t have much online presence as a candidate yet, just a Twitter account with three tweets. I hope to have the chance to interview her, and if I do I’ll ask about this, but I get the sense this wasn’t just a late filing, but a late decision to run. That process is always fascinating to me. Anyone who runs against Dan Crenshaw is going to have to raise a lot of money, because he has a lot of money. She strikes me as the kind of candidate who is capable of that, which makes me wonder why not get started sooner? I understand, people have their own reasons for that, I’m just curious. She has three weeks till the next reporting deadline, we’ll see how she does.

Elsewhere, CD10 stayed at three candidates but CD22 now has five, as Chris Fernandez (mentioned in passing in this story and someone named Carmine Petricco whom neither Google nor Facebook can find entered. CD08 has two candidates, Laura Jones, who we knew about a month ago, and Elizabeth Hernandez, whom I cannot identify. If you know anything about any of these folks, please leave a comment.

As noted before, Rep. Al Green has an opponent in CD09, and Sheila Jackson Lee has six – count ’em, six – opponents in CD18. Three of them – Marc Flores, Bimal Patel, and Stevens Orozco – have been around campaigning for awhile, the other three are more recent entrants. And while it’s not a contested primary, I feel compelled to note that Rashad Lewis, who became the youngest person elected to Jasper City Council as a write-in candidate in 2017, then ran for Mayor earlier this year but fell short, is in for CD36. I’m going to want to interview him for November.

Legislative: SBOE6 has three candidates as before; I’ll be publishing interviews with them next week. In the Senate, as noted before Sen. Borris Miles has two opponents in SD13. Former Galveston judge Susan Criss and 2018 CD22 primary candidate Margarita Ruiz Johnson are competing in SD11. Carol Alvarado has SD06 to herself, while Jay Stittleburg (SD04) and Michael Antalan have clear paths to November.

The big news for the State House is that the HD148 primary is now a five candidate race: Anna Eastman, Penny Shaw, Emily Wolf, Adrian P. Garcia, and Cynthia Reyes-Revilla. Garcia was in the HD148 special election, and Reyes-Revilla finished out of the money in District H. I think it’s safe to say there will be a runoff in the primary, as there was in the special election. HD126 is a rerun from 2018, as Undrai Fizer and Natali Hurtado square off again. HD128, which was uncontested in 2018 (and is the reddest district in the county) has Josh Markle, who recently got a boost from Beto, and Mary E. Williams, whom I cannot find. HD134 has the three candidates you know, and HD138 has the two you know plus a repeat engagement from Jenifer Pool. HD129 (Kayla Alix), HD130 (Bryan Henry), HD133 (Sandra Moore, who ran in the 2018 primary), and HD150 (Michael Robert Walsh, whom I cannot conclusively identify) are all uncontested for March.

Among the Harris County incumbents, Reps. Alma Allen (HD131) and Harold Dutton (HD142) have four challengers, with CM Jerry Davis in HD142 being the biggest threat to either of them. Reps. Garnet Coleman (HD147) and Hubert Vo (HD149) each have two opponents, Reps. Jarvis Johnson, Senfronia Thompson, and Shawn Thierry have one, and Reps. Gina Calanni, Jon Rosenthal, Gene Wu, Armando Walle, Ana Hernandez, Mary Ann Perez, and Christina Morales are unopposed. Thierry’s opponent, as noted before, is Ashton Woods, who had run in At Large #5.

Elsewhere, Rep. Ron Reynolds (HD27) did pick up a primary opponent. I’ve been hard on Reynolds since his misdemeanor conviction, and I stand by everything I said. He’s now served his sentence, and I’m not aware of any further legal issues. I’m not quite ready yet, but assuming nothing else happens we are going to need to consider extending him the same grace we’re willing to give others who have served their sentences and deserve a clean slate, at least as far as voting and holding office is concerned. The infamously now-open HD26 has the four candidates we already knew of. Eliz Markowitz remains the candidate in HD28, and there are solo Dems running in HD03 (Martin Shupp), HD15 (Lorena McGill, the 2018 candidate), HD23 (Jeff Antonelli), HD24 (former Chron reporter Brian Rogers), HD25 (Patrick Henry), HD29 (Travis Boldt), and HD85 (Friend-of-Dos-Centavos Joey Cardenas).

Harris County: The main races – DA, County Attorney, Sheriff, Tax Assessor – you know about and nothing new has happened. There’s plenty of action in the two HCDE At Large races – Position 5 now has two candidates (Erica Davis, Paul Ovalle) and Position 7 has four (David Brown and Andrea Duhon, the two we knew about originally, and Bill Morris and Obes Nwabara). Also, too, I have not seen anything to indicate that Josh Flynn has resigned his spot as he runs for HD138 on the GOP side, so there’s that. Willie D is now listed in the primary for Commissioners Court Precinct 1, which doesn’t make sense but maybe something changed. If so, that’s a three-candidate race. There are six candidates for Precinct 3, the four you’ve heard of (Michael Moore, Diana Alexander, Kristi Thibaut, Morris Overstreet) and two you haven’t (Zaher Eisa and Erik Hassan, who is now calling himself Erik “Beto” Hassan, which, no). Alan Rosen did indeed file for Constable in Precinct 1.

That’s all I have the energy for now. I’ll keep going with this tomorrow.

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.

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.

Cable franchise fees

Hey, remember how the city of Houston had to lay off a bunch of workers to to close a $179 million budget deficit? Well, there’s more where that came from.

The Texas House on Thursday approved legislation that would limit fees telecommunication and cable companies pay cities to use their rights of way, likely opening up a new spending gap of at least $12 million two days after Mayor Sylvester Turner laid out his proposed budget for the upcoming fiscal year.

Senate Bill 1152, authored by state Sen. Kelly Hancock, R-North Richland Hills, passed the House on a 92-50 vote on the third and final reading Thursday. The legislation, which had received Senate approval early last month, heads back to the upper chamber, where lawmakers will decide whether to approve the House version.

The measure would eliminate what cable companies and some lawmakers say is an outdated double tax levied on companies that transmit cable and phone services over the same lines. The bill would eliminate the lesser of the two charges, starting next January.

Opponents say the bill amounts to a gift for large telecom firms, which would not be required to pass the savings on to consumers because the state is barred from regulating cable rates. Turner had urged lawmakers to oppose the measure, saying it would deliver a financial hit to Houston.

Those who back the bill say companies still would pay millions for the remaining charge, arguing that cities would lose only a small portion of their revenue. The House companion bill’s author, state Rep. Dade Phelan, noted Wednesday that only one other state — Oregon — still charges both fees.

Turner blasted lawmakers in a statement Thursday, accusing them of attempting to “unconstitutionally take the value of Houston’s right-of-way” through the bill. He also lauded state Rep. Harold Dutton, D-Houston, for attempting to stop the legislation through a procedural maneuver.

[…]

A Legislative Budget Board analysis determined that Houston would take in $17.1 million to $27.5 million less revenue under the bill. Estimates for other cities include $9.2 million in Dallas, $7.9 million in San Antonio and $6.3 million in Austin.

An updated estimate provided by the city Thursday projected it would receive $12.6 million to $24.4 million less revenue during the 2020 fiscal year, which begins July 1.

It sure has been a great session for cities, hasn’t it? Here’s that earlier story, which I confess I never got around to blogging about. You know who else has had nothing to say about it? Bill King and Tony Buzbee. Way to be looking out for the city’s financial interests, y’all.

As for the fee itself, I can see the argument for getting rid of it, but let’s be clear about two things. One, if you believe this will result in a reduction in your cable or internet bill, I have some oceanfront property in Lubbock you might be interested in. And two, given the financial hit this will impose on cities, would it have killed anyone to phase this in after a year or two, so cities – all of which are required to have balanced budgets – could have had some time to adjust? What exactly was the rush here? Look at the roll call vote, and if you’re in one of those cities – especially Houston – and your Rep supported this, please call their office and ask them that question.

It really is all or nothing for HISD

I hope we’re ready for this.

Barring a change to the sanctions law, litigation or a change of heart by the board of trustees — none of which are expected — HISD will learn in August whether the district will face state penalties for the four schools’ 2018-19 academic performance. HISD leaders could have staved off sanctions for two years by agreeing to temporarily surrender control of campuses in danger of triggering sanctions.

As HISD leaders pledged to march onward with current efforts to improve academic success at long-struggling campuses, some Houston-area civic leaders envisioned a future in which a state-appointed governing board took control of Texas’ largest school district. Under a state law authored by Dutton in 2015, the Texas Education Agency must close failing schools or replace the school board in any district with a single campus receiving five straight “improvement required” ratings. The four HISD campuses in danger of triggering sanctions this school year are Highland Heights Elementary School, Henry Middle School, and Kashmere and Wheatley high schools.

Some local officials, including Mayor Sylvester Turner, have expressed dismay at the idea of the state’s Republican-leaning government taking control of HISD, where all nine elected school board members are Democrats. School board members also have argued HISD does not need state takeover, pointing to successful efforts to reduce the number of “improvement required” schools and navigate significant budget cuts.

“While we have had bad board relations, we have managed to handle the two largest pieces of governance in a way that have not been detrimental to the district, but instead have had a positive impact,” HISD Board President Rhonda Skillern-Jones said. “We’ve invested a lot of money in turning these schools around, a lot of resources, a lot of time. To allow those people to do the jobs they’re entrusted with is the best course of action.”

[State Rep. Harold] Dutton, however, said he is convinced HISD trustees — who have drawn intense criticism for failing to improve performance at low-rated schools and engaging in public displays of acrimony — no longer deserve the responsibility of governing Texas’ largest school district.

“I don’t have any evidence that (the state) would do better, but I do know that if we keep doing what we’ve been doing, we’ll keep getting the same results,” Dutton said. “And for me, it’s unacceptable to do that.”

One of the Houston area’s longer-serving elected Republicans, Harris County Treasurer and two-time mayoral candidate Orlando Sanchez, also called Friday for state intervention in HISD. Sanchez implored state legislators and the Texas Education Agency to take responsibility for HISD, urging them to replace the district’s school board and devote more resources to low-performing campuses.

“I just can’t watch this slow-motion train wreck continue, so I’m going to speak out as a Republican and encourage my friends in Austin to give some serious attention to this matter,” Sanchez said. “We can’t wait, and that’s all we’ve done over the past several years.”

See here for the background. I feel confident saying two things. One is that if these four schools do not meet the state standards, there will be basically no one in Austin advocating on behalf of the HISD Board of Trustees. The odds that anyone in a position to influence the outcome will be persuaded by the argument HISD doesn’t need to be taken over is basically zero. To be clear, I do think Trustee Skillern-Jones’ position has merit. HISD did get significant improvement from a lot of schools, under adverse conditions. The risk that blowing up their governance structure will do more harm than good is significant. I just don’t expect the TEA or anyone that can make the TEA change its mind will buy it. And two, for all the complaints about the people that were on the board of the proposed city partnership, the people who the TEA are likely to name to take on the HISD Board’s responsibilities are almost certainly going to be seen as even worse. The difference is that the TEA will not be susceptible to the same community and activist pressure that the HISD Board was. And nobody is going to like that.

A clean separation

Well done.

Richard Carranza

Former Houston ISD superintendent Richard Carranza’s resignation from the district involved no financial settlements, and the two sides agreed not to sue each other following the separation, according to documents obtained by the Houston Chronicle.

A written agreement between Carranza and HISD board members shows a clean break after Carranza announced in early March that he planned to become chancellor of New York City public schools. Carranza officially resigned on March 31 and started his job in New York City on April 2. HISD board members have appointed Grenita Lathan, who previously served as the district’s chief academic officer, to serve indefinitely as interim superintendent.

Carranza’s three-year contract ran through August 2019, leading to questions about whether he would face any repercussions for resigning midway through that term. His contract didn’t include any penalties for resigning before August 2019, and it did stipulate both sides could mutually agree to end the agreement.

Carranza was paid his regular salary of $345,000 and benefits through March 31. He was allowed to take accrued but unused personal days through the last week of his employment.

[…]

Trustees have given no timetable for hiring a permanent superintendent. District officials on Wednesday named an interim chief academic officer, Noelia Longoria, to fill Lathan’s position. Longoria previously served as assistant superintendent of HISD’s Office of School Choice.

No drama is fine by me, and the terms are boringly normal. May it be this easy finding the right candidate to replace Carranza.

On a side note, the Chron editorial board calls for a change in how HISD trustees are elected.

One significant change that Houston ISD should consider is changing the way it elects school board members. Currently, the nine trustees are elected from single-member districts, rather than by voters from throughout the school district.

Texas law allows a couple of alternatives. One would be a board made up of a mix of single-member and at-large trustees. This is similar to how Houston’s City Council is elected. Sixty smaller school districts across Texas use this governance system, according to the Texas Association of School Boards.

Another alternative would be to switch to cumulative voting, where voters across the school district would be allowed to cast as many votes as there are candidates. This option has been available to Texas school districts since 1995 and is used by a number of smaller school districts for at-large trustee elections.

Changing the governance model could help address one of the biggest challenges facing the school board: Members are concerned about struggling campuses in their own electoral district, but not necessarily in the districts of other trustees.

Single-member districts have played a major role in assuring more diversity on school boards. They help ensure that multiple voices are heard in the development of education policy. But they also can result in a balkanized school district, with trustees focused on their individual parts rather than the whole.

The Chron notes that this “balkanization” was one of the reasons Rep. Harold Dutton pushed through HB 1842, the bill that now has HISD under the gun for the chronically low-performing schools. I’m kind of meh on this idea. I suppose a hybrid district/at large model would be all right, though I’d like someone to try to persuade me that At Large Council members are better at looking out for the interests of the entire city than the district members are (and I say that as someone who supports having At Large council members). I’m not convinced we need to change to do a better job of achieving our goals, but I’ll listen if you want to make a pitch. Campos has more.

Endorsement watch: A veritable plethora, part 4

Part 1 is here, part 2 is here, part 3 is here, and the full endorsements page is here. I had thought this would finish up all the races of interest for us, but then I decided the Republican races were sufficiently interesting as well, so I’ll do those tomorrow.

CD18: Sheila Jackson Lee

Rep. Sheila Jackson Lee

Sheila Jackson Lee is so deeply entrenched in her congressional seat, knocking her off her throne is pretty close to mission impossible.

She won her post 24 years ago after downtown power brokers — notably Enron CEO Ken Lay — abandoned then-congressman Craig Washington over his opposition to NAFTA and the space station. Since then Jackson Lee has become legendary for her aggressive self-promotion, whether it’s speaking at Michael Jackson’s funeral or planting herself on the aisle before State of the Union speeches to get her picture on television shaking the president’s hand.

But even Democratic politicos who joke about her insatiable appetite for camera time have come to respect Jackson Lee as a hardworking voice for progressive causes. With almost a quarter-century of seniority, she now serves on the House Judiciary, Homeland Security and Budget committees. She likes to brag about her role in securing federal funds for a wide range of needs — from education to veteran services — for constituents in her district.

As you know, I agree. Nothing to see here, let’s move on.

SBOE4: Lawrence Allen

Lawrence Allen, Jr. who was first elected to the board in 2004, has been a principal, assistant principal and teacher across town and is now community liaison at Houston Independent School District. He holds a bachelor’s and two master’s degrees from Prairie View A&M University. As the senior Democrat on the board, Allen, 56, says that he sets the tone for his fellow Democrats about how to approach an issue in a professional way that’s not cantankerous. His collaborative style has been useful in steering this board away from the shores of political controversy and toward fact-based governance.

Since Allen has been on the Board for more than a decade, some could argue that it’s time for a change. However, Allen’s opponent, Steven A. Chambers, is not the person that voters should turn to as his replacement. Chambers, a pastor and educator, told the editorial board that he believes creationism should be taught as an option alongside evolution in Texas schools. After years of struggles with religious fundamentalists, the board has finally started embracing science standards and rejecting dogma. Electing Chambers to the board would risk reigniting this debate and undo the progress made by the board.

This isn’t my district, but I’ll sign on to that. Say No to creationism, always and in every form.

SD15: John Whitmire

Sen. John Whitmire

Long-time State Senator John Whitmire, 68, is facing two talented challengers in the March 6 Democratic primary, but we endorse him for re-election because his experience and political skills will be needed as recovery from Hurricane Harvey continues.

State storm aid has been hard enough to come by even with him in Austin. We can only imagine how it would be without him and his 44 years in the state legislature, the last 35 in the Senate.

He is the dean of that body, has a deep knowledge of how it works and a rare ability in these polarized times to bridge political differences to get things done.

[…]

Of his two opponents, we were particularly impressed by Damian Lacroix, 43, a lawyer who offers a vision of a Texas Democratic Party that fights for its ideals and tries to heighten the contrast with Republicans rather than working behind the scenes for smaller and smaller gains.

“Being a state senator is more than just passing legislation and regulation,” Lacroix told the editorial board. “It is also being able to galvanize people and getting a message out to people, bringing them into the fold.”

There’s something to what LaCroix says, but especially when you’re in the minority you need some of each type. Whitmire’s the best we’ve got at the first type. There are more appealing options elsewhere in the Senate to add to the LaCroix type.

HD147: Garnet Coleman

Rep. Garnet Coleman

After 27 years on the job, state Rep. Garnet F. Coleman, 56, knows his way around the Texas Legislature about as well as anybody there and better than most. He’s a liberal Democrat in a sea of conservative Republicans who manages to get a surprising number of things done.

“Some people know how to kill bills, some people know how to pass bills. I know how to do both,” he told the editorial board.

[…]

Coleman has a long history of working on issues of mental and physical health and of seeking funds for the University of Houston and Texas Southern University, both in his district, which extends from downtown southeast past Hobby Airport.

He also says the state needs a revolving fund like the water development fund that local governments can tap into for flood control projects.

It was an oversight on my part to not include Rep. Coleman on the list of people I endorse. He’s one of the best and he deserves our support.

HD146: Shawn Thierry

Rep. Shawn Thierry

Freshman state Rep. Shawn Nicole Thierry, a 47-year-old attorney, showed a lot of promise in her first session of the Texas Legislature last year as she learned the ropes of being a Democratic legislator in a heavily Republican body.

She was successful enough to get six bills through the House of Representatives — not bad for a rookie legislator — and worked with Republican state Senator Lois Kolkhorst to pass a bill in the special session that extended the Task Force on Maternal Mortality and Morbidity.

The task force, which is studying our state’s Third Worldish maternal mortality rate and what to do about it, was scheduled to end next September, but now will continue until 2023.

Thierry has learned the importance of the personal touch in legislating – it was her letter to Gov. Greg Abbott that convinced him to include the task force issue in the special session.

As noted, Rep. Thierry was selected by precinct chairs as the substitute nominee for HD146 in 2016 after Borris Miles moved up to the Senate to succeed Rodney Ellis. She wasn’t my first choice for the seat – I’d have voted for Erica Lee Carter if I’d been one of the chairs who got to vote – but I agree that she’s done a good job and deserves another term. And with all due respect to her two male opponents, the Lege needs more women, not fewer.

HD142: Harold Dutton

Rep. Harold Dutton

State Rep. Harold V. Dutton, Jr. has served as representative for District 142 since 1985 and we see no compelling reason to lose his seniority and its advantages at a time when Democrats need all the help they can get.

The 73-year-old attorney has been a loyal fighter for his heavily black and Hispanic district that starts in the Fifth Ward and goes east then north to 1960. In last year’s legislative session he authored 106 bills, a big part of them having to do with criminal justice.

He cites improvements to the Fifth Ward’s Hester House community center as his proudest achievement, but he also passed laws that restored the right to vote to ex-felons, effectively stopped red-lining by insurance companies and protected home-buyers from fraud in the use of contracts for deeds. He is involved in efforts to improve struggling district high schools Kashmere, Worthing and Wheatley.

He is also responsible for the state bill under which the Texas Education Agency is threatening to shutter those schools. That might make him vulnerable to a strong challenger.

Rep. Dutton is definitely getting dragged on social media over his authorship of that bill, and also over some nasty remarks he’s directed at Durrel Douglas, who’s been among those fighting to save the mostly black schools that are at risk. His opponent isn’t particularly compelling, but he could be vulnerable going forward. I don’t have a dog in this fight – like most veteran legislators, Dutton has some good and some not-so-good in his record, but his seniority gives him a fair amount of clout. I expect him to win, but this is a race worth watching.

HD139: Jarvis Johnson

Rep. Jarvis Johnson

State Rep. Jarvis Johnson is being challenged by former Lone Star College board chairman Randy Bates in the largely black and Hispanic District 139 on the city’s near northwest side.

He served three terms on the Houston City Council before winning his first term in the Texas House in 2016, succeeding Sylvester Turner who left to run for mayor.

Johnson, 46, is a strong supporter of vocational education, proposes that police officers be required to get psychological exams every two years, holds job fairs in the district and wants to prevent gentrification of historic neighborhoods such as Acres Homes.

Bates, 68, was on the Lone Star board for 21 years, seven of those as chairman, and the main building on its Victory Center campus is named for him. He’s an attorney who heads Bates and Coleman law firm.

He ran for the state seat in 2016 and is running again because he said people in the community complained that Johnson “is not doing enough for our district.”

We have a lot of respect for the work Bates did on the Lone Star board, but he didn’t give us a compelling reason to support him over Johnson.

This is almost certainly the best chance to defeat Rep. Johnson, who doesn’t get the seniority argument that most of the other incumbents listed above have. He didn’t do much as a freshman, but that’s hardly unusual for a member of the minority caucus. I don’t have a strong opinion about this one.

HD27: Wilvin Carter

Four-term incumbent state Rep. Ron Reynolds is running for re-election despite the fact that he may be facing a year in jail for his conviction in 2016 for five cases of misdemeanor barratry, also known as ambulance chasing for his law practice.

He’s being challenged in his Fort Bend district by another lawyer, Wilvin Carter, a former assistant attorney general and Fort Bend County assistant district attorney. The district includes Sienna Plantation, Stafford and most of Missouri City. No Republicans are running for this seat so this Democratic primary essentially serves as the general election for District 27.

[…]

The unfortunate thing about Reynolds is that he is has a strong record for supporting environmental protection and gay rights, but with the possible jail sentence hanging over his head it’s hard to support him. He is a lawmaker who has been convicted of breaking the law, which is a breech of trust. Also, practically speaking, how much can he do for his constituents if he’s behind bars?

Voters should support Carter instead.

Reynolds is good on reproductive choice and a whole host of other issues as well. The Chron has endorsed Reynolds’ opponents in recent years due to his legal troubles and they have been pretty harsh about it, but here they recognize the dilemma. Reynolds’ voting record and personal charm have helped him maintain support, and I would bet on him being re-elected. I continue to hope he will step down and get his life straightened out, but that doesn’t appear to be in the cards.

The women challenging Democratic men

One more point of interest from The Cut:

And Democratic women aren’t leaving the men of their own party undisturbed. In Minnesota, former FBI analyst Leah Phifer is challenging incumbent Democratic representative Rick Nolan; Sameena Mustafa, a tenant advocate and founder of the comedy troupe Simmer Brown, is primarying Democrat Mike Quigley in Illinois’s Fifth District. And Chelsea Manning, former Army intelligence analyst and whistle-blower, announced recently that she’s going after Ben Cardin, the 74-year-old who has held one of Maryland’s Senate seats for 11 years and served in the House for 20 years before that.

While the vision of women storming the ramparts of government is radical from one vantage point, from others it’s as American as the idea of representative democracy laid out by our forefathers (like Great-great-great-great-grandpa Frelinghuysen!). “Representative citizens coming from all parts of the nation, cobblers and farmers — that was what was intended by the founders,” says Marie Newman, a former small-business owner and anti-bullying advocate who is challenging Illinois Democrat Dan Lipinski in a primary. “You come to the House for a while and bring your ideas and then you probably go back to your life.” Not only has her opponent been in office for 13 years, Newman notes, but his father held the same seat for 20 years before that. “It’s a family that has reigned supreme, like a monarchy, for over 30 years,” she says.

In the wake of Donald Trump’s defeat of Hillary Clinton, Newman and the rest of this girl gang are eyeing the aging cast of men (and a few women) who’ve hogged the political stage forever and trying to replace them. Replacement. It’s an alluring concept, striking fear in the hearts of the guys who’ve been running the place — recall that the white supremacists in Charlottesville this summer chanted “You will not replace us” — and stirring hope in the rest of us that a redistribution of power might be possible.

So naturally that made me wonder about what the situation was in Texas. For Congress, there are eleven Democrats from Texas, nine men and two women. Two men are not running for re-election, and in each case the most likely successor is a woman. Of the seven men running for re-election, only one (Marc Veasey) has a primary opponent, another man. Both female members of Congress have primary opponents – Sheila Jackson Lee has a male challenger, Eddie Bernice Johnson has a man and a woman running against her. That woman is Barbara Mallory Caroway, who is on something like her third campaign against EBJ. Basically, nothing much of interest here.

Where it is interesting is at the legislative level. Here are all the Democratic incumbents who face primary challengers, sorted into appropriate groups.

Women challenging men:

HD31 (Rep. Ryan Guillen) – Ana Lisa Garza
HD100 (Rep. Eric Johnson) – Sandra Crenshaw
HD104 (Rep. Robert Alonzo) – Jessica Gonzalez
HD117 (Rep. Phillip Cortez) – Terisha DeDeaux

Guillen’s opponent Garza is a district court judge. He was one of the Dems who voted for the anti-gay marriage constitutional amendment back in 2005. I’d like to know both of their positions on LGBT equality. Speaking of which, Jessica Gonzalez is among the many LGBT candidates on the ballot this year. Note that Alonzo was on the right side of that vote in 2005, FWIW. Crenshaw appears to be a former member of Dallas City Council who ran for HD110 in 2014. There’s an interesting story to go along with that, which I’ll let you discover on your own. Cortez was first elected in 2012, winning the nomination over a candidate who had been backed by Annie’s List, and he drew some ire from female activists for some of his activity during that campaign. I have no idea how things stand with him today, but I figured I’d mention that bit of backstory.

And elsewhere…

Women challenging women:

HD75 (Rep. Mary Gonzalez) – MarySue Fernath

Men challenging men:

HD27 (Rep. Ron Reynolds) – Wilvin Carter
HD37 (Rep. Rene Oliveira) – Alex Dominguez and Arturo Alonzo
HD41 (Rep. Bobby Guerra) – Michael L. Pinkard, Jr
HD118 (Rep. Tomas Uresti) – Leo Pacheco
HD139 (Rep. Jarvis Johnson) – Randy Bates
HD142 (Rep. Harold Dutton) – Richard Bonton
HD147 (Rep. Garnet Coleman) – Daniel Espinoza

Men challenging women:

HD116 (Rep. Diana Arevalo) – Trey Martinez Fischer
HD124 (Rep. Ina Minjarez) – Robert Escobedo
HD146 (Rep. Shawn Thierry) – Roy Owens

Special case:

HD46 (Rep. Dawnna Dukes) – Five opponents

We know about Reps. Reynolds and Dukes. Bates and Owens represent rematches – Bates was in the 2016 primary, while Owens competed unsuccessfully in the precinct chair process for HD146, then ran as a write-in that November, getting a bit less than 3% of the vote. Alonzo and Bonton look like interesting candidates, but by far the hottest race here is in HD116, where TMF is seeking a return engagement to the Lege, and a lot of his former colleagues are there for him. I imagine things could be a bit awkward if Rep. Arevalo hangs on. Anyway, I don’t know that there are any lessons to be learned from this, I just wanted to document it.

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.

Bill to ban straight-ticket voting advances in the Senate

This could happen.

Rep. Ron Simmons

A Texas Senate panel approved legislation Thursday that would end straight-ticket voting in all elections.

The Senate Committee on Business & Commerce voted 7-0 to send House Bill 25 for potential consideration by the full chamber. Two members, the only Democrats on the panel, were absent.

The vote came less than a week after the House passed the legislation, mostly along party lines. Starting with the 2018 elections, the bill would take away the option for voters to automatically cast their ballot for every candidate from a single party.

[…]

In the Thursday hearing, proponents of the bill — including its Senate sponsor, Hancock — said it would force voters to make more informed decisions when casting their ballots. Critics suggested it could lead to voting rights violations.

“We believe that this takes away one method of voting that minority voters overwhelmingly use to choose the candidates of their choice,” said Glen Maxey, legislative affairs director for the Texas Democratic Party.

Maxey also questioned why the bill wound up in the Business & Commerce Committee, not the State Affairs Committee. Such a maneuver is “what the federal courts have noted as abnormal legislative procedure,” Maxey said.

A federal judge blocked a similar law last year in Michigan, saying it would disproportionately affect black voters. After that ruling came up in Thursday’s hearing, Hancock noted that the Michigan law moved through a “completely different court system than we’ll move through” if HB 25 becomes law and it is challenged.

Hancock also sought to reassure critics of the bill who said it would lead to longer lines at polling places, saying more locations would solve the problem.

See here for the background. Sen. Hancock is correct that more locations – and more machines per location – can solve the problems, but those words are meaningless without funding from the state to cover the costs. Not covering costs, going through a different committee, taking a vote when the two Dems on the committee were absent – none of this is going to look good when the inevitable lawsuit is filed.

House Democrats on Friday argued eliminating the “one-punch” choice would constitute an attack on Texans’ voting rights, particularly the disabled, the elderly and voters in large cities, where ballots and lines are longer and more people rely on public transportation.

Multiple lawmakers said minority voters rely on the straight-ticket option more than Anglos, evidence that was used as the basis of a 2016 federal court ruling that blocked a similar law in Michigan.

“This bill hasn’t been vetted,” said Representative Ron Reynolds, D-Missouri City. “We don’t know how much it will cost; we don’t know if it will violate the Voting Rights Act of 1964. What we do know is that federal courts have ruled recently that laws passed by Texas discriminated against African-American and Hispanic voters.”

Three federal court rulings since March have found that Texas intentionally discriminated against African-American and Hispanic voters in voter ID and redistricting cases. The author of HB 25, Representative Ron Simmons, R-Carrollton, said repeatedly during debate Friday night that he was not aware of the rulings.

“I’ve been busy down here,” he said on the House floor, defending his lack of knowledge of the widely reported court decisions.

Representative Harold Dutton Jr., D-Houston, predicted the bill would be challenged “as a voter suppression bill.”

In the Michigan ruling last July, a federal judge wrote that abolishing the straight-ticket option would disproportionately impact African-American voters, who use it more often and already face longer voting lines in urban areas. The measure was designed “to require voters to spend more time filling more bubbles,” which could “discourage voting,” wrote Judge Gershwin A. Drain. The Supreme Court declined to hear Michigan’s appeal in September.

We’ll see what happens. There’s still time for the bill to be amended to address the concerns that Democrats have raised. I don’t expect that – why should the Republicans change their ways now? – but at least they can’t say they weren’t warned.

Pot bills get their own post

They got their own story in the Trib, so why not their own post.

Zonker

Texas lawmakers across the state say they want leniency in how the state prosecutes marijuana crimes. In an interview with Texas Tribune CEO Evan Smith Monday, State Rep. Jason Isaac, R-Dripping Springs, said he thinks the Legislature could decriminalize possession of small amounts of marijuana next year, especially after several states did so on Election Day.

“We’re spending our tax dollars on incarcerating [people that don’t deserve to be incarcerated] because they got caught with a small amount of marijuana,” said Isaac, whose district encompasses Texas State University. “These are people that we probably subsidize their public education, we probably subsidize where they went to a state school, and now they’re branded as a criminal when they go to do a background check.”

Isaac added that last session he was approached by state Rep. Joseph “Joe” Moody, D-El Paso, who asked Isaac to sign on to a decriminalization bill but didn’t because he “didn’t feel like it was the time.” During the interview Monday, however, Isaac said “it is the time now” and publicly pledged to sign on and work to get a bill passed that would decriminalize small amounts of marijuana.

Among the Texas proposals that have been filed thus far:

  • House Bill 58 by state Rep. James White, R-Woodville, would create a specialty court for certain first-time marijuana possession offenders based on the principle that first-time defendants are often self-correcting. The measure is intended to conserve law enforcement and corrections resources, White said in a news release.
  • State Rep. Joseph “Joe” Moody, D-El Paso, filed House Bill 81, which aims to replace criminal penalties for possession of up to an ounce of marijuana with a civil fine of up to $250. The bill also allows Texans to avoid arrest and possible jail time for possessing a small amount of marijuana. Moody authored a similar bill during the previous legislative session; it did not pass.
  • State Rep. Harold Dutton Jr., D-Houston, filed House Bill 82, which aims to classify a conviction for possession of one ounce or less of marijuana as a Class C misdemeanor instead of Class B. However, if a person is convicted three times, it would revert back to a Class B misdemeanor. Dutton co-authored a similar bill last session with Moody.
  • State Sen. José Rodríguez filed Senate Joint Resolution 17, which would allow voters to decide whether marijuana should be legalized in Texas, following the pattern of a number of states.
  • Senate Joint Resolution 18, also authored by Rodríguez, would allow voters to decide whether to legalize marijuana for medical use if recommended by a health care provider. “It is long past time we allow the people to decide,” Rodríguez said in a statement.
  • Rodríguez also filed Senate Bill 170, which would change possession of one ounce or less of marijuana from a criminal offense to a civil one.

Some of this is a continuation of efforts from 2015, some of it is in recognition of the multiple pro-decriminalization referenda that passed in other states, and some of it is from the desire to save a few pennies on law enforcement and criminal justice. I don’t care about the motive, I applaud the direction. As was the case in 2015, the main (though not only) obstacle is likely to be Greg Abbott, who was not interested in anything more than the meager cannobinoid oil bill that passed during that session. Typically, Abbott has had nothing to say about whether he remains firmly anti-pot or not. We’ll have to see what the lobbyists can do with him. For those of you who want to see changes, these are the bills to follow for now.

Endorsement watch: Labor for Thompson, the Mayor for Miles

From the inbox:

Rep. Senfronia Thompson

Rep. Senfronia Thompson

The Texas Gulf Coast Area Labor Federation, AFL-CIO today announced their support of Senfronia Thompson for State Senator District 13.

“Our unions screened two candidates for Senate District 13 — Representatives Senfronia Thompson and Borris Miles,” said Zeph Capo, President of the Area Labor Federation. “Both candidates have been steadfast allies in our efforts to give workers a voice on the job, raise wages for all, adequately fund public services, and defend civil rights. Ultimately, Thompson’s deep experience and long record as a champion for working families led us to back her.”

“Over her twenty-two terms of public service, Senfronia Thompson has been an energetic and consistent advocate of initiatives to help better the lives of working families,” said John Patrick, President of the Texas AFL-CIO. “She is one of the most reliable, influential, and effective leaders with whom I have ever worked. Her knowledge of how state government works is what sets her apart from the other candidates.”

“Representative Thompson has the integrity, the vision, and the will to advocate for all of SD 13’s constituents. Labor will work hard to get her elected to office and help her achieve that goal,” added Hany Khalil, Executive Director of the Area Labor Federation.

The release, which came out on Thursday, is here. It was followed on Friday by this:

Rep. Borris Miles

Rep. Borris Miles

Dear Fellow Democrat,

Please join me in supporting Borris Miles for State Senate, District 13.

With the departure of Senator Rodney Ellis to join Commissioners Court, we need to make sure that we have an energetic warrior for the people representing us in the State Senate. That’s my friend and former House colleague, Borris Miles.

I’ve worked with Borris for years and watched his commitment and skill in moving our Democratic priorities forward.

From giving misguided kids a second chance at a better life, to doubling fines for outsiders who dump their trash in our neighborhoods, to increasing access to health care and expanding educational opportunities for us all – Borris gets the job done.

Believe me, it’s tough getting things done as a Democrat in a Republican-controlled legislature. But that’s exactly what our communities deserve.

I’m for Borris because Borris is a warrior for the people. That’s why I respectfully ask you to cast your vote for Borris as the Democratic Party’s nominee for State Senate, District 13.

Warm regards,

Mayor Sylvester Turner

But wait! There’s still more!

Thompson, who first was elected in 1972, has picked up a slew of endorsements from area Democratic congressmen and state legislators.

They include U.S. Reps. Al Green and Gene Green, as well as state Reps. Alma Allen, Garnet Coleman, Harold Dutton, Jessica Farrar, Ana Hernandez, Ron Reynolds, Hubert Vo, Armando Walle and Gene Wu.

Fort Bend County Commissioner Grady Prestage and the Texas Gulf Coast Area Labor Federation and the also have endorsed Thompson, among others.

[…]

Miles also touted Dutton’s support, in addition to that of former Mayor Annise Parker, state Sen. John Whitmire and state Rep. Jarvis Johnson, among others.

Dutton could not immediately be reached for comment to clarify which candidate he has in fact backed.

Asked if he has received any endorsements, Green said he is focused on earning precinct chairs’ support.

I’m a little surprised at how active Mayor Turner has been in intra-Democratic elections so far. Mayor Parker was a lot more circumspect, and Mayor White basically recused himself from party politics for his six years in office. I guess I’m not that surprised – the Lege was his bailiwick for a long time – and while these family fights often get nasty, I’m sure he’s fully aware of the pros and cons of getting involved. Whatever the case, this race just got a lot more interesting.

Here come the candidates for SD13

Here we go again.

Rodney Ellis

Rodney Ellis

State Rep. Borris Miles came prepared with signs Saturday when Rodney Ellis all but secured a seat on Harris County’s Commissioners Court – not in support of Ellis, but to launch his own campaign.

Ellis’ selection as the Democratic Party’s nominee to replace late Precinct 1 Commissioner El Franco Lee has begun to ripple across the November ballot, freeing up the first in what could be a series of openings in Harris County’s legislative delegation.

The 26-year state senator now must withdraw his name from the ballot for Senate District 13, requiring Democratic precinct chairs to meet yet again on July 16 to select a replacement candidate. Their nominee will run unopposed.

Miles, state Rep. Senfronia Thompson and former City Controller Ron Green have thrown their hats in the ring as others mull joining the race.

The three-week campaign sprint is projected to be as contentious as the commissioner’s race was cordial.

“Many of the candidates have complex political histories that could result in a high level of discord,” Texas Southern University political scientist Michael Adams said. “I don’t think these people are going to be playing nice.”

[…]

State Rep. Garnet Coleman and former Houston City Councilman C.O. Bradford said they also are considering running for Ellis’ seat. City Councilman Dwight Boykins and state Rep. Harold Dutton said they opted not to.

Rep. Dutton was a supporter of Gene Locke for Commissioner, so he might have encountered some resistance had he chosen to run for SD13. As noted on Sunday, Reps. Miles and Thompson were at the Saturday precinct convention that placed Ellis on the ballot for County Commissioner. Green was not there but announced his candidacy via Instagram. Rep. Coleman had expressed his interest in the seat in May, but hasn’t said anything official as yet. This is the first I’ve seen Bradford’s name – and Green’s, for that matter – in one of these stories. We’ll see if other names come up. There are 94 precinct chairs in SD13, according to this story, with 78 in Harris County and 16 in Fort Bend. None of them are me, and I’m happy to be an observer and not a participant this time. Good luck to those who have the task of selecting Ellis’ successor.

Filibuster threat for open carry

We could have some end of session drama this year again.

Sen. Jose Rodriguez

State Sen. José Rodríguez said Thursday that if the opportunity arises, he plans to filibuster a bill allowing the open carry of handguns in Texas.

Speaking at a Texas Tribune event, the El Paso Democrat said he thought the legislation was “totally unnecessary” and presented a threat to the safety of police officers and the public.

“I think my back is problematical, but I assure you, for this issue, I will stand as long as I can,” Rodríguez said.

The legislation — House Bill 910 from state Rep. Larry Phillips, R-Sherman — has already passed both chambers of the Legislature. It is headed to a conference committee, where Senate and House appointees must iron out key differences in the bill.

See here for the background. Sen. Rodriguez’s threat came before the controversial “no-stop” amendment was stripped from the bill by the conference committee.

“The Dutton/Huffines amendment is dead,” said state Rep. Alfonso “Poncho” Nevárez, an Eagle Pass Democrat who took part in the negotiations over House Bill 910.”There’s nothing more to do. That was the only bit of housekeeping on the bill that was to be had. It’s a done deal, for all intents and purposes.”

Once the House and Senate appointed a conference committee to work out differences on HB 910 Thursday, it took only a few hours for the panel to release a report.

Both chambers still have to approve the amended bill, and I have no doubt that they will if they get to vote on it, though there will surely be some gnashing of teeth over the change. The deadline for passage is midnight Sunday, so if Sen. Rodriguez is going to make a stand, that’s when it will happen.

In the meantime, campus carry is also going to conference committee, and will also likely emerge in a different form.

In the Senate on Thursday, the bill’s author, state Sen. Brian Birdwell, requested a conference committee on the legislation to work out differences between the two chambers.

The Granbury Republican said he had concerns with language added in the House that would include private universities in the new law.

“I am duty-bound to protect Second Amendment rights parallel to private property rights,” said Birdwell. “We must protect most private property rights equally, and not protect one or the other.”

Lawmakers who argued for requiring private universities to follow the same rules as public institutions say it’s a matter of fairness.

“If we are going to have it, I don’t know how I’m going to make a distinction between my kid who goes to Rice University and one kid at Houston,” said state Sen. Rodney Ellis, D-Houston.

[…]

House lawmakers also added provisions that exempted health facilities and let universities carve out gun-free zones. When the bill originally passed the Senate, Birdwell rejected several amendments attempting similar changes.

I suspect this one will take a little longer to resolve, but we’ll see. Maybe Sen. Rodriguez will set his sights on it, too. See this Trib story about how removing the “no-stop” amendment also removed a headache for Greg Abbott, and Trail Blazers for more.

The fallout from the chubfest

Cleaning up some loose ends…The campus carry bill that was the subject of much chubbing passed on final reading.

130114152903-abc-schoolhouse-rock-just-a-bill-story-top

The battle over “campus carry” is headed back to the Texas Senate after House lawmakers gave final approval Wednesday to legislation requiring universities in the state to allow concealed handguns on campus.

Senate Bill 11 from state Sen. Brian Birdwell, R-Granbury, narrowly avoided becoming a casualty of a key midnight deadline Tuesday before House members brokered a last-minute deal to accept several amendments limiting the measure’s reach.

Despite speculation that opponents would put up a fight before Wednesday’s vote on final passage, the measure sailed through in a 102-44 vote. Three Democrats — Tracy King of Batesville, Ryan Guillen of Rio Grande City and Abel Herrero of Corpus Christi — voted with Republicans for the measure.

The language added in the House exempts health facilities, lets universities carve out gun-free zones, and states that private colleges would have to follow the same rules as public universities. It is a significant departure from the version that passed the Senate, where Birdwell rejected several amendments attempting similar changes.

If the Senate does not concur with the new language, lawmakers will then head to conference committee to iron out their differences. After that, both chambers will have to approve the final version of the bill.

Seems unlikely to me that the Senate will concur with the changes, which both weakened and broadened the bill. If I had to guess, I’d say they’ll take their chances in a conference committee. We’ll see.

Speaking on conference committee, that’s where the other carry bill is headed.

After outspoken opposition from the state’s law enforcement officials, the Texas House on Wednesday took a step toward removing a controversial provision from legislation allowing licensed Texans to openly carry handguns.

At the center of debate was language added to House Bill 910 in the Senate that limits the power of law enforcement to ask those visibly carrying guns to present their permits. Opponents say that provision amounts to a backdoor effort to repeal licensing requirements for handgun-toting Texans altogether, endangering the lives of police officers and the public.

The issue will now be hashed out by Senate and House appointees behind closed doors in a conference committee.

The move to negotiate in conference committee passed against the wishes of the bill’s author, state Rep. Larry Phillips. The Sherman Republican said the language was needed to clarify current law.

He found support from some unlikely allies, including state Rep. Harold Dutton, D-Houston, who said the provision was needed to prevent racial profiling.

“I’m not willing to give up my liberty in order for the police to go catch some criminal,” said Dutton, who unsuccessfully proposed the amendment when the bill first came up in the House. He gave a fiery speech on Wednesday in favor of keeping the language, which had been added in the Senate by Republican Sen. Don Huffines, R-Dallas.

[…]

The two former police officers in the chamber — state Reps. Allen Fletcher of Houston and Phil King of Weatherford, both Republicans — also teamed up to argue against it.

King urged lawmakers to give law enforcement officials the courtesy of at least allowing a committee to explore a compromise on the issue.

“I honestly believe that the unintentional result of the amendment … is to make it very difficult to do their job,” said King.

The partisan dynamics of this one are interesting, to say the least. I have no idea what will happen in committee. As the story notes, if the process takes long enough, the bill could wind up being vulnerable to a last-day filibuster. Who will put on the pink sneakers this time?

The other bill that generated a bunch of chubbing was the ethics bill. That passed, too, but not without a lot of drama.

After a passionate and sometimes raunchy Tuesday night debate, the Texas House on Wednesday gave final sign-off to a far-reaching ethics reform package that would shine light on so-called “dark money” while heavily restricting undercover recordings in the state Capitol.

The bill faces a potentially bruising showdown with the Senate over the details. A stalemate could torpedo the bill, and along with it a significant chunk of Gov. Greg Abbott’s top priorities for the session. But the 102-44 vote in favor of the Senate Bill 19 keeps it alive as the 2015 session comes to its dramatic finale over the next few days.

State Sen. Van Taylor, a Plano Republican who has carried ethics reform in his chamber, quickly issued a statement on Tuesday night expressing “astonishment for the elimination of meaningful ethics reform” in the House version of the bill.

“Some in the House apparently don’t think elected officials are the problem and instead muddled the bill with a litany of bizarre measures that point the finger at everyone besides themselves, including a page from Hillary Clinton’s playbook to launch an assault on the First Amendment,” Taylor’s statement said. “This is one of those head shaking moments that rightfully raise doubts in the minds of our constituents as to the Legislature’s resolve to serve the people above all else.”

The bill author, Rep. Byron Cook, R-Corsicana, said dark money has had a corrupting influence on politics in the United States and warned that without reforms those abuses will eventually visit Texas. In the 2012 election cycle, politically active non-profits spent more than $300 million in dark money to influence elections, according to the Center for Responsive Politics. A dark money scandal in Utah also brought down that state’s attorney general.

Quoting from a message to Congress from President Ronald Reagan, delivered in 1988, Cook said the right to free speech depends upon a “requirement of full disclosure of all campaign contributions, including in-kind contributions, and expenditures on behalf of any electoral activities.”

[…]

There’s a deep split among Republicans — and between the House and Senate — over the dark money provision in the bill. It would require that large contributions of dark money — or anonymous donations made to politically active nonprofits — be disclosed.

Rep. Matt Rinaldi, R-Irving, objecting to the dark money and other provisions, tried to gut the bill, which he said was “designed to protect us from the people. It’s not designed to protect the people from us.”

But his amendment failed 133-33.

That means a showdown is looming, and that could jeopardize SB 19 once it leaves the House floor.

Which could mean a special session if it fails, since this was an “emergency” item for Abbott, though he hasn’t really acted like it’s that important to him since then. Once again I say, I have no idea what will happen, but it should be fun to watch.

As noted in the previous post, the last minute attempt to attach Cecil Bell’s anti-same-sex-marriage-license bill to an otherwise innocuous county affairs bill was likely to come to nothing – late last night, Rep. Garnet Coleman sent out a press release saying the bill had been pulled from consideration in the Senate, which settled the matter – but that didn’t stop the Senate from thumping its chest one last time.

Following an emotional floor debate, the Texas Senate passed a resolution Wednesday evening reaffirming the state’s opposition to same-sex marriage, an action taken as it became clear that a bill to prevent such marriages in Texas was dead.

The body’s 20 Republican senators and state Sen. Eddie Lucio, D-Brownsville, voted for Senate Resolution 1028, authored by state Sen. Kelly Hancock, R-North Richland Hills, that affirmed “the present definition” of marriage in the state.

“This resolution is intended by those of us who signed it to demonstrate that we continue to support what the people of this state have expressed,” state Sen. Jane Nelson, R-Flower Mound, said.

Whatever. I’m too tired to expend any energy on this. It has the same legal effect as me saying “Senate Republicans and Eddie Lucio are big fat poopyheads”, and about as much maturity.

Finally, here’s a look at criminal justice bills and where they stand – some good things have been done – and an analysis of how the rules were used as the clock waned. I’m ready for a drink, a long weekend, and sine die. How about you?

Where the education reform bills stand

As we know, the attempt to take a first stab at school finance reform did not make it to the House floor. That doesn’t mean there wasn’t some action on school-related issues. This Chron story from the weekend recapped a couple of the major bills that did make it through.

Jimmie Don Aycock

Lawmakers likely could have killed House Bill 2804, the A-F and accountability legislation, by delaying debate until midnight Thursday, the deadline for passing House bills out of that chamber. Instead, out of respect for [Rep. Jimmie Don] Aycock, the bill’s opponents chose to allow a vote even though they knew it would win approval.

On Friday, Aycock said he would be proud if the bill is the last piece of legislation he helps shepherd to passage.

“I was pleased and surprised that some people who opposed the bill, had every right to oppose the bill, chose not to kill it on the clock,” said Aycock, who is mulling whether to retire from politics. He was elected in 2007 and quickly rose to become chairman, but at nearly 70, says he wants to return to his central Texas ranch life.

[…]

Originally, House Bill 2804 sought solely to revamp the way schools are held accountable by placing less emphasis on state standardized test performance in grading campuses.

Sensing he didn’t have the political support to pass the bill as it was, however, Aycock amended it to mandate schools be given A-F grades, a proposal popular with many Republicans. Educators and many Democrats oppose the A-F scale, saying it stigmatizes low-performing schools.

Aycock says having an A-F system won’t be an issue if the grades are determined fairly: “It’s not the horrible deal that everybody thinks it will be if you have an accountability system on which to base it. If you have the present accountability model, then it’s just totally unacceptable.”

Schools are graded now either as “met standard” or “improvement required,” based largely on student performance measures. Under House Bill 2804, 35 percent of a school’s grade would be determined by measures like completion and dropout rates, and by how many students take AP and international baccalaureate classes. Ten percent would be based on how well the school engages with its community, and 55 percent on state test scores with a particular emphasis on closing the gap between the top- and bottom-performing students.

[…]

House Bill 1842, which would force districts to improve failing schools or face tough consequences, passed the House the day before with little of the discussion Aycock’s other legislation generated. Aycock called the bill “one of the most far-reaching bills of the session,” and said while he carried it, Dutton was the architect.

“I think House Bill 1842 is the best bill on public education that helps students more than any bill that I’ve seen in this Legislature, and I’ve been here 30 years,” [Rep. Harold] Dutton said Friday. “We have never pressured districts to do something about (low-performing schools). This does that. This says to the school district, ‘Either you do it, or we’ll get someone who can.’ ”

The legislation would require any school that has received a failing grade for two straight years to create an improvement plan to take effect by the third year. If the school has not improved by the end of the fifth year, the commissioner of education would have to order the school’s closure or assign an emergency board of managers to oversee the school district.

Schools that have received consistently failing grades, such as Kashmere and Jones High Schools in the Houston Independent School District, would have one less year to implement a turnaround plan.

“Kashmere is what started me down this road,” Dutton said.

Kashmere earned the state’s “academically acceptable” rating in 2007 and 2008, but it has failed to meet standards every other year over the last decade. Its enrollment has fallen to about 500 students, most of whom come from poor families. Last school year, more than a quarter were in special education and 2 percent were designated as gifted, state data show.

“We’re just going to wait and see what the state does,” HISD Superintendent Terry Grier said about Aycock’s legislation. “If the state gives us the option of trying to manage it, we would implement some of the same strategies we have found to be successful in North Forest.”

I don’t care for the A-F grading system. I tend to agree with the critics that say it will stigmatize some schools. Not just the schools that get a D where they might have gotten a “meets standards”, but perhaps also the ones that get a B instead of an “academically recognized”. Who wants to send their kids to a B school if an A school is available? As for HB 1842, I don’t have any problem with the concept, but I’d like to know there’s some empirical evidence to suggest something like this can work, and has worked before. We haven’t done much to track the progress of students that were taken from failing school districts that the state shut down, so there’s not much of a track record here. What happens if we try this and it doesn’t work? What comes next?

The Observer updates us on some other education bills.

“Parent Empowerment”

Under a measure passed in 2011, parents can petition the state to turn schools with five consecutive years of poor state ratings into charter schools, to have the staff replaced, or even to close the school. It’s a tactic known as a “parent trigger,” and Taylor’s Senate Bill 14 would reduce that period to three years.

“This is about parent empowerment,” Taylor said when he introduced his bill in March. “[Five years] is too long to have young children stuck in a school and to have people defending that failing school district.”

California adopted the nation’s first parent trigger law, and its use there has prompted controversy. Critics say the few instances when the law has been invoked led to community conflict, teacher attrition, and dubious results. Nevertheless, reform advocates hope to spread and strengthen such laws across the country.

SB 14 easily passed the Senate in April but has less support in the House. The measure will also be heard in the House Public Education Committee on Tuesday.

Virtual Schools

Texas law allows public school students in grades 3-12 to take up to three online courses, paid for by the student’s school district at up to $400 per course. Senate Bill 894, by Taylor, would lift the three-course cap and extend online courses to students in kindergarten through second grade.

Texas needs to remove existing barriers and provide greater opportunity for students to access online courses, Taylor said as he introduced his bill in March.

David Anthony, CEO of Raise Your Hand Texas, a nonprofit education advocacy organization, has called SB 894 a “virtual voucher” that would drain funds from public schools and direct them to for-profit virtual school providers.

Research has shown that student performance lags in corporate-run virtual schools compared to their traditional brick-and-mortar counterparts. “There is little high-quality research to call for expanding [virtual schools],” according to a 2014 report from the National Education Policy Center.

SB 894 was voted out of committee in April but has yet to be brought up on the Senate floor for a vote.

Vouchers

After numerous defeats by a coalition of rural Republicans and big-city Democrats during past sessions, the fight for school vouchers returned to the Capitol this session.

Senate Bill 4, by Taylor, would create scholarships to enable mostly low- and middle-income students to attend private and religious schools. Under the measure, private businesses would receive a tax credit for funding the scholarships.

Students from families with an income of not greater than 250 percent of the national free and reduced-price lunch guideline would qualify—for a family of five that means an annual income of about $130,000. Patrick proposed a very similar measure in 2013.

Sen. Donna Campbell (R-New Braunfels) memorably used a hearing on this measure to denigrate public education.

The bill passed the Senate, but several representatives told the Observer vouchers will be easily defeated in the House. SB 4 is currently stuck in the House Ways and Means Committee, which is chaired by Rep. Dan Bonnen (R-Angleton). Bonnen has emerged as a fierce foe to Patrick this session, and it is not clear if he will even bring the bill up for a vote.

Here’s Raise Your Hand Texas testifying against the “parent trigger” bill. I can’t say I’ll be sad to see any of these die.

And finally, there’s still the budget, which as always has an effect on schools. Here’s some information of interest for anyone who lives in HISD from local activist Sue Deigaard:

HB1759, that would have made structural modifications to school finance and added $800 million more to the $2.2 the House added in their budget for public education, was pulled from the floor on Thursday. Basically, there were so many amendments it was unlikely there was time left to get it to a vote and the time spent on a HB1759 vote would have preempted other bills from being discussed. It also sounds like the vote in the Senate for HB1759 would have been especially steep even if it had been approved by the House.

So, HISD will go into “recapture.” That means that per Ch 41 of the Texas education code, because HISD is a “property rich, student poor” district, instead of HISD receiving money from the state we will have to send local tax revenue TO the state to redistribute to other districts. We are projected to lose as much as $200 million over the coming biennium. Here’s the fun part…the electorate in HISD gets to decide whether or not to send that money back to the state. Yet, not really. First, the HISD board will have to vote on whether or not to even have such an election. If they don’t hold an election, the state comes and chooses properties within HISD and annexes them on paper to other school districts. If they do hold an election and voters do not approve to give money to the state (which is the likely outcome), then the state comes and chooses properties within HISD and annexes them on paper to other school districts. The “ask” now is for the budget conferees, which include a few members of the HISD legislative delegation, to approve the House pub ed allocation that increases basic allotment for pub ed by $2.2 billion instead of the Senate version that increases it by $1.2 billion. Also, at least as I understand it, that “increase” still does not restore the per pupil allocation that was cut back in 2011, and like last session mostly just funds enrollment growth. As logic would dictate, adding the extra $1 billion in the House version over the Senate version infuses the system with more money so HISD has to send less back to the state through recapture. Basically….House budget = better for HISD.

Unfortunately, the Senate won this skirmish.

The budget conference committee — made up of five senators and five House members — approved a $1.5 billion boost to public education beyond enrollment growth, according to the LBB. The figure matches what the Senate had requested. The House had pushed for a $2.2 billion increase, and had briefly considered an additional $800 million on top of that tied to reforms in the state’s convoluted school finance system.

State Rep. Sylvester Turner, D-Houston, was the lone “no” vote on the committee’s decisions to set the level of public education funding, in large part because he felt the amount was too little compared to how much the state was putting toward tax cuts and border security, he said.

“Conservatives spend money like they’re printing money,” Turner said, except on education.

Budget conferees included Rep. Sarah Davis and Sen. Joan Huffman. When HISD has to raise taxes or cut programs to cover this loss, you can thank them for it.

Grand jury reform bill in trouble

Not good.

Sen. John Whitmire

Sen. John Whitmire

Six weeks after sailing through the Texas Senate, efforts to reform the state’s controversial grand jury selection system have stalled in the House.

A closely watched bill to end the “pick-a-pal” system suffered an unexpected setback late Monday when the lawmaker carrying the bill in the House weakened it and then withdrew the measure altogether amid opposition from a Brazoria County judge.

The moves transformed the proposal from a political sure-shot to a long-shot.

“To say I’m totally disappointed at what happened in the House is an understatement,” said Sen. John Whitmire, D-Houston, the sponsor of the measure in the upper chamber. Whitmire vowed to redouble his push for what he called potentially the most important legislation in this year’s session. “This bill is clearly too important to let it not pass.”

[…]

On Monday, Republican Rep. Ed Thompson of Pearland rallied opposition to the measure on the House floor, citing the feelings of a judge in his district.

“He said, ‘we have this system, we know it and it’s working well,'” Thompson said in an interview.

Sensing the risk of defeat, bill sponsor Harold Dutton, D-Houston, put forward an amendment. The compromise would allow judges to continue to use the “pick-a-pal” system if they came up with a written justification.

The change also made sense, he said later in an interview, because of the importance of flexibility in some rare cases.

Still, Thompson moved to amend the bill to make it apply only to Harris and Dallas counties. On a 73-69 vote, he won.

While supporters managed to push through yet another amendment to make it apply to a few other large counties, Dutton at that point decided to voluntarily withdraw the bill, postponing debate.

“I just don’t think it makes good policy to apply different laws to different counties in the criminal justice system,” Dutton explained afterward.

Dutton chalked up the setback to a “unique set of circumstances,” with several amendments flying around and some members not understanding what they were voting on.

He said he soon would bring up the Senate version of the bill. Because it is cleaner, he said, he was optimistic he could find a few votes to get it through.

“I’ll twist some arms if I have to,” Dutton said.

See here for some background. I’ve got to say, I don’t understand the reluctance, and I’m more than a little boggled to see an unnamed judge in Brazoria County wielding that much influence. Maybe this was a matter of some members not understanding the issue, but geez, it’s not like this came out of nowhere. It’s been a hot topic for months. Can we pay a little more attention to issues that matter, please? Grits has more.

UPDATE: This version of the Chron story, plus Lisa Falkenberg’s column identify the judge in question as Patrick Sebesta.

Marijuana reform advocates get their day

This will be worth watching closely.

Rep. Joe Moody

Four proposals to relax penalties for possessing pot have been scheduled for a hearing Wednesday in the Texas House Criminal Jurisprudence Committee, setting up what is sure to be a closely-watched debate in the middle of the legislative session.

It will not be the first Texas committee hearing on marijuana bills, which historically have been introduced and heard, but ultimately killed. This time, however, optimistic supporters will benefit from the makeup of the committee, which this year counts three Democrats and a pro-legalization Republican among its seven members. The panel is led by state Rep. Abel Herrero, D-Robstown.

“There’s no question that we’re hopeful that this committee will be especially open to considering these bills,” said Phillip Martin, deputy director of Progress Texas, an Austin-based liberal organization that is helping lead the push. “A lot of the legislators on the committee understand the importance of the issue.”

The legislation is still unlikely to win final approval in the conservative-dominated Legislature, but Martin and other members of the bipartisan Texans for Responsible Marijuana Policy coalition say committee approval would represent a step forward in a years-long process.

The coalition has collected nearly 15,000 signatures of support and plan to deliver them to the Capitol on Wednesday, Martin said.

Here’s Progress Texas’ report on the bills that will get a hearing on Wednesday.

Rep. Joe Moody’s (Democrat) Bill – HB 507

  • The most effective civil penalties bill filed
  • Changes possession of less than one ounce of marijuana to a civil penalty – similar to jaywalking or not wearing a seat belt
  • Anything over one ounce of marijuana remains a class B misdemeanor

Rep. Harold Dutton’s (Democrat) Bill – HB 414

  • Would change any marijuana possession less than one ounce to a Class C Misdemeanor
  • Makes possession a simple ticketable offense you could pay
  • Punishments increase if ticketed multiple times in a year

Rep. Gene Wu’s (Democrat) Bill – HB 325

  • Possession of less than .35 ounces of marijuana becomes a Class C Misdemeanor
  • Makes possession a simple ticketable offense you could pay
  • Punishments increase if ticketed multiple times in a year

Rep. Senfronia Thompson’s (Democrat) Bill – HB 1115

  • Rather than potentially being arrested when carrying up to four ounces of marijuana an officer will only give a citation; However, the person charged is still responsible for appearing in court at a later date.
  • Does not reduce the penalty of marijuana possession (Class A or B misdemeanor), which can still result in jail time.

Also up for a hearing is Rep. David Simpson’s full scale legalization bill. As the story notes, the Texans for Responsible Marijuana Policy coalition is putting most of its energy into Rep. Moody’s civil penalties bill. Bills to legalize medical marijuana have been referred to a different committee and don’t appear to have as much traction. The bills to be heard Wednesday face opposition from local sheriffs and an uncertain future in the Senate. Still, just having a hearing for them is something. I look forward to seeing how it goes. For further reading on the subject, see this interview with Rice sociologist William Martin.