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Harris County

January 2020 campaign finance reports: Harris County

As you know, New Year’s Day brings a new round of campaign finance reports, for all levels of government. I’m going to be working my way through these as I can, because there’s lots to be learned about the candidates and the status of the races from these reports, even if all we do is look at the topline numbers. Today we start with Harris County races, as there’s a lot of action and primary intrigue. With the Presidential primary and of course the entire Trump demon circus dominating the news, it can be hard to tell where the buzz is in these races, if any buzz exists. The July 2019 reports, with a much smaller field of candidates, is here.

Kim Ogg, District Attorney
Carvana Cloud, District Attorney
Audia Jones, District Attorney
Curtis Todd Overstreet, District Attorney

Lori DeAngelo, District Attorney
Mary Nan Huffman, District Attorney
Lloyd Oliver, District Attorney

Ed Gonzalez, Sheriff
Jerome Moore, Sheriff
Harry Zamora, Sheriff

Joe Danna, Sheriff
Paul Day, Sheriff

Vince Ryan, County Attorney
Christian Menefee, Harris County Attorney
Ben Rose, Harris County Attorney

John Nation, County Attorney

Ann Harris Bennett, Tax Assessor
Jolanda Jones, Tax Assessor
Jack Terence, Tax Assessor

Chris Daniel (SPAC), Tax Assessor

Rodney Ellis, County Commissioner, Precinct 1
Maria Jackson, County Commissioner, Precinct 1

Diana Alexander, County Commissioner, Precinct 3
Erik Hassan, County Commissioner, Precinct 3
Michael Moore, County Commissioner, Precinct 3
Morris Overstreet, County Commissioner, Precinct 3
Kristi Thibaut, County Commissioner, Precinct 3

Tom Ramsey, County Commissioner, Precinct 3
Susan Sample, County Commissioner, Precinct 3
Brenda Stardig (SPAC), County Commissioner, Precinct 3


Candidate     Raised     Spent     Loan     On Hand
===================================================
Ogg          106,572    83,276   68,489     385,908
Cloud         33,881    17,382        0      16,889
Jones         49,186    29,177        0      29,973
Overstreet         0     1,250        0           0

DeAngelo         500     2,012        0         500
Hoffman            0    41,089        0           0
Oliver             0         0        0           0

Gonzalez      95,636    47,317        0     317,264
Moore         28,595    15,896        0      12,698
Zamora         4,500    18,177        0           0

Danna         78,820    39,274    7,000       9,857
Day                0         0        0           0

Ryan          33,655    18,779        0     101,039
Menefee      135,579    41,249        0     128,547
Rose          89,476    80,932   20,000      53,341

Nation             0     1,369        0           0

Bennett       20,965     8,734        0      39,845
Jones         16,320     1,250        0      16,320
Terence        1,000     1,400        0           0

Daniel            35         1        0         454

Ellis        122,631   396,998        0   3,881,740
Jackson      110,230    71,241    8,000      19,353

Alexander
Hassan          750      4,442        0           0
Moore       209,391     13,248        0     199,052
Overstreet   17,950      2,025        0      15,925
Thibaut      51,180      4,536        0      45,761

Ramsey      154,315     24,281        0     126,619
Sample       26,624      1,828        0      26,620
Stardig      43,700     39,985        0      75,930

I guess I expected more from the District Attorney race. Audia Jones and Carvana Cloud have raised a few bucks, but nothing yet that would lead me to believe they will be able to effectively communicate with a primary electorate that could well be over 500,000 voters. Kim Ogg is completing her first term, but this will be the third time she’s been on the ballot – there was an election for DA in 2014 as well, following the death of Mike Anderson and the appointment of his widow, Devon Anderson, to succeed him. Neither of those primaries had a lot of voters, but a lot of the folks voting this March will have done so in one or both of the past Novembers, and that’s a boost for Ogg. On the Republican side, you can insert a shrug emoji here. I assume whoever wins that nomination will eventually be able to convince people to give them money. If you’re wondering how Mary Nan Hoffman can spend $41K without raising anything, the answer is that she spent that from personal funds.

Sheriff Ed Gonzalez is the only incumbent here without a serious primary challenger. I’d never advise anyone to coast in an election where they have an opponent, but he doesn’t need to have the pedal to the metal. More than half of the amount Joe Danna raised was in kind, so don’t spend too much time thinking about that.

Both County Attorney challengers have done well, though again the question will be “is it enough?” I actually got a robopoll call the other day for the County Attorney race, but I didn’t stay on the line till the end – they started asking “if you knew this about this candidate” questions, and since they didn’t say up front how long the survey might take, I didn’t want to stick it out. As above, the main challenge for Christian Menefee and Ben Rose is that Vince Ryan has been on the ballot multiple times, going back to 2008. The voters know who he is, or at least more of them know who he is than they do who the other candidates in that race are. That’s the hill they have to climb.

The one challenger to an incumbent who can claim a name ID advantage is Jolanda Jones, who is surely as well known as anyone on this ballot. That has its pros and cons in her case, but at least the voters deciding between her and Ann Harris Bennett won’t be guessing about who their choices are.

I didn’t mention the Republicans running for County Attorney or Tax Assessor for obvious reasons. Chris Daniel could be a low-key favorite to surpass the partisan baseline in his race in November, but after 2016 and 2018, he’ll need a lot more than that.

In the Commissioners Court races, Maria Jackson has raised a decent amount of money, but she’s never going to be on anything close to even footing there. Precinct 1 is one-fourth of the county, but a much bigger share of the Democratic primary electorate. In 2008, there were 143K votes in Precinct 1 out of 411K overall or 35%. In 2012, it was 39K out of 76K, or 51%, and in 2016 it was 89K out of 227K, or 39%. My guess is that in a 500K primary, Precinct 1 will have between 150K and 200K voters. Think of it in those terms when you think about how much money each candidate has to spend so they can communicate with those voters.

In Precinct 3, Michael Moore and Tom Ramsey stand out in each of their races so far. For what it’s worth, the three Dems have raised more (270K to 224K) than the three Republicans so far. I don’t think any of that matters right now. Steve Radack still has his campaign money, and I’d bet he spends quite a bit of it to help the Republican nominee hold this seat.

All right, that’s it for now. I’ll have state offices next, and will do Congress and US Senate later since those totals aren’t reliably available till the first of the next month. Later I’ll go back and fill in the city numbers, and maybe look at HISD and HCC as well. Let me know what you think.

Early voting for the legislative special election runoffs starts Tuesday

From the inbox:

Early Voting for the January 28, 2020 Special Runoff Election for State Representative District 148 begins Tuesday, January 21 and ends Friday, January 24. During the four-day Early Voting period, five locations will be available to more than 87,000 registered voters within the district. Voters can cast their ballot at any one of the five locations from 7:00 a.m. to 7:00 p.m. The last day to request a ballot
by mail (received, not post marked) for this Special Runoff Election is today, January 17.

“Early Voting locations for this election are only for voters who reside in State Representative District 148,”
said Harris County Clerk Dr. Diane Trautman. “A sample ballot is available online at HarrisVotes.com.”

See here for full early voting information, and here for the interactive map. Remember that Monday is the MLK Day holiday, which is why early voting begins on Tuesday. There’s no makeup day for it, just these four days. Don’t dilly-dally, in other words.

And for those of you in Fort Bend County, here’s your HD28 runoff info:

Tuesday is the first day of early voting for the District 28 runoff to fill a term left vacant by the retirement of state Rep. John Zerwas, R-Richmond.

On the ballot will be Democrat Elizabeth “Eliz” Markowitz of Katy and Republican Gary Gates of Rosenberg. Markowitz is the sole Democrat running for the position. Gates topped a field of six Republicans to win his party’s nomination. But neither received the necessary 50 percent of the vote to win the election.

In Fort Bend County early voting will be 7 a.m.-7 p.m. Tuesday-Friday, Jan. 21-24, at the following locations: Bowie Middle School, 700 Plantation Drive, Richmond; Cinco Ranch Branch Library, 2620 Commercial Center Blvd., Katy; Four Corners Community Center, 15700 Old Richmond Road, Sugar Land; Irene Stern Community Center, 6920 Katy-Fulshear Road; and Tompkins High School, 4400 Falcon Landing Blvd.

Election Day will be Jan. 28 and polls will be open 7 a.m.-7 p.m. Visit https://tinyurl.com/v9fletv for Election Day polling sites.

Full early voting information is here. If you want a refresher, my interview with Anna Eastman is here, and my interview with Eliz Markowitz is here. Let’s get these women elected.

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.

Interview with Jolanda Jones

Jolanda Jones

We knew a long time ago that this was going to be a busy primary season, with a lot of contested Democratic races. Because the campaign calendar is so short, I have to be very picky about what races I do interviews in, as I just can’t do them all in the allotted time. Harris County Tax Assessor wasn’t on my to-do list originally, as it looked like it was going to be uncontested. Then Jolanda Jones jumped in, and that meant I had to find the time to fit interviews for this office into my schedule, because you can’t not interview Jolanda Jones. She’s a criminal defense attorney, she served two terms on City Council and just finished a term as an HISD Trustee, and she doesn’t need much more of an introduction than that. Here’s what we talked about:

    PREVIOUSLY:

Elisa Cardnell – CD02
Travis Olsen – CD02

Michelle Palmer – SBOE6
Kimberly McLeod – SBOE6
Debra Kerner – SBOE6

Chrysta Castañeda – RRC
Kelly Stone – RRC

Vince Ryan – Harris County Attorney
Ben Rose – Harris County Attorney
Christian Menefee – Harris County Attorney

Ann Johnson – HD134
Ruby Powers – HD134
Lanny Bose – HD134

Akilah Bacy – HD138
Josh Wallenstein – HD138
Jenifer Pool – HD138

Back to the no-fares question

I remain skeptical, but we’ll see.

As it stands right now, most of METRO’s operating funds don’t come from the fares. The transit agency gets most of its money from a one-cent sales tax, which caught the attention of Harris County Precinct 3 Commissioner Steve Radack.

Radack recently spoke before the METRO board on why the agency should consider free or reduced fares. He said that people are already paying for the transit service through the sales tax and a financial incentive for riding could get more people on board.

“And so if we just keep going the way we’re going, we’re going to build more freeways, we’re going to continue to do other forms of transportation, but at the end, it makes no sense to have buses only partially full running around,” said Radack.

[…]

METRO Chairman Carrin Patman said while fares aren’t a huge part of their budget, they’d have to figure out a way to make up that money if they stopped charging riders.

“I think what people don’t realize is there are unanticipated consequences of a free fare policy that we just need to fully consider before we went to it,” Patman told News 88.7.

And those consequences are what concern Oni Blair. She heads the transportation advocacy group LINK Houston. Blair said to get more riders, METRO needs to put its focus on other issues.

“It’s the little things we take for granted,” said Blair. “Does the bus come on time? Because if I’m trying to schedule my day I need to get there on time and know what to predict. Does the bus come frequently, so people don’t have to wait half an hour to an hour for the bus to come? Can I wait in dignity at a shelter that is accessible and safe for me?”

And Blair said that all those things cost money.

“The loss of revenue from the fares METRO currently has would undermine their other access to improving operations, improving customer service, improving all of those things,” said Blair. “If they don’t have that revenue they can’t address the things that people want.”

See here for my previously-stated concerns. Metro may not get much money from fares, but it does get some money from them, and that would have to be made up elsewhere, which is where I fear that political pressure, or interference from the state, could undermine this whole rationale. I’m of a similar mind as Oni Blair – the top priority needs to be making transit more accessible to more people. We also need to recognize that there’s a limit to how much we can grow transit ridership in this region as long as driving cars is the vastly-catered-to default. That’s a much bigger question, one that will take more than Metro to work out. For now, let’s try to make Metro the best it can be. Maybe that involves reducing or eliminating fares, but I think there are other options to work on first.

Judicial Q&A: Robert Morales

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates.)

Robert Morales

1. Who are you and what are you running for?

My name is Robert S. Morales and I am running to be the Family Court Judge of the 507th District Court of Harris County, Texas.

2. What kind of cases does this court hear?

This court hears cases related to the family relationship such as divorces, paternity, suits affecting the parent-child relationship, support cases, adoptions, etc. along with name changes and gender marker cases.

3. Why are you running for this particular bench?

I am running for the 507th Family District Court because it is the only family law court up for election in Harris County this election cycle. Also, “507” is not only this court’s designation, but the country code of Panama where I was born. So, that number holds a special significance to me.

4. What are your qualifications for this job?

I have been practicing family law every since I was a third-year student at the family law clinic at my law school. I even worked a few years in the Child Support Division of the Office of the Attorney General. In my current position as the supervising attorney of the Veterans Department of a non-profit organization, I also mentor and assist other attorneys navigate their pro bono family law cases. Finally, for the past few years I have assisted bar takers prepare for the Texas Bar Exam, including the family law essays.

5. Why is this race important?

This race is important because courts belong to society – the people, and judges are their custodians. As such, we should insist on the best possible representative of each court and not those who have been graded to “need improvement” after years on the bench. As this is a new year, a new decade, the people deserve to vote in a new judge accordingly.

6. Why should people vote for you in the primary?

People should vote for me in the primary because it is time to pass the torch to someone new. I bring the experiences of having been in court under different capacities including a noncustodial parent in a support case, a pro se litigant in a divorce, private attorney, and even government attorney. Those experiences I will always carry with me and use them to better relate to everyone who appears before me. Furthermore, as a father of young children, I know what is at stake when deciding what is in the “best interests of the child.” Whether it is as a soldier in the U.S. Army, a government attorney, mentor, teacher, or a non-profit attorney, I have been at my best when at the service of others and on the bench is where I will be able to do the most good serving society. As a future judge, I cannot make very many promises, but what I can promise is that I will treat everyone in my court with the same dignity and respect that I, myself, would like to be shown.

Judicial Q&A: Judge Steven Kirkland

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates.)

Judge Steven Kirkland

1. Who are you and what are you running for?

I am Judge Steven Kirkland, the incumbent Judge of the 334th District Court. I am running for re-election.

My experience – 15 years on the bench, 30 years of legal experience and a lifetime of service to Texas communities – has taught me that balance, equity and fundamental fairness are standards that all judges must strive for as we interpret the law and seek justice. I am the son of a truck driver, who worked my way through law school and learned from my parents always to fight against injustice. As a community leader, I fought to expand affordable housing and end discrimination. As a lawyer, I sued polluters to protect our neighborhoods. As a judge, I work to make our court system more transparent, accountable and fair.

2. What kind of cases does this court hear?

This is a Civil District Court hearing cases involving personal injury, property damages, contract disputes, constitutional issues and other civil complaints.

3. What are your main accomplishments in the past four years?

I was in the midst of trial in August 2017 when Hurricane Harvey devastated our community. The Courts were not spared and we lost a whole courthouse along with many days of operations for the entire justice complex. As a veteran of the impact that TS Allison brought to the Court system, I knew how to adapt Court operations to deal with the real impact of the storm not only for the Courts, but the lawyers and parties involved. We quickly adapted procedures and practice to keep the Court functioning at close to pre-storm efficiencies.

I also continued to be a leader and educator on lawyer wellness issues, specifically speaking to legal groups about the dangers of addiction, how to get help and offering tools to cope with the many triggers for folks coping with substance abuse issues.

4. What are your goals for the next four years?

In every Court that I have served in, I have adopted procedures and programs to improve process. Currently, I along with others in the Harris County District Courts are looking at several initiatives to address implicit biases, provide courtroom experience to young and diverse lawyers and to streamline jury service by implementing direct assignment of jurors to a court, rather than gather in the jury assembly area.

5. Why is this race important?

Judicial independence and diversity.

Word on the street is my opponent in the primary is being funded by a wealthy litigant who lost a case in my Court. If we want judges to have the courage to apply the law equally to all people, we have to re-elect judges who do so. My track record shows that is what I do. I do this in high profile cases which you can find with an internet search. But, I also do it in all cases, which is evidenced by the results from HBA’s judicial evaluations where lawyers practicing in my Court consistently rate me highly on fairness, hard work and efficiency.

My election is important to folks who value diversity. Diversity enhances legitimacy of the process and actually improves outcomes by ensuring many perspectives are bought to bear on a dispute. While we have made significant strides in increasing diversity of the bench in Texas, we still only have six open LGBT District Court Judges in the State of Texas. I am the longest serving open LGBT Judge in the state. If you believe as I do, that the people should see folks who look like them when they look at their government, then you have to ensure office holders who reflect the diversity of the population are elected and re-elected when they do a good job.

6. Why should people vote for you in the primary?

I have a passion for justice. This passion directs my politics, career and community choices and activities. All my life I have stood up for what is right and spoke out against and tried to change what is wrong. From my record, you know where my heart lies. My thirty years’ experience of activism and accomplishments in the community and the party shows it’s not just talk with me, I walk the walk.

Judge Hidalgo’s first year

Been pretty good so far, I’d say.

Judge Lina Hidalgo

During her longshot campaign in 2018, Lina Hidalgo at times sounded like a candidate for mayor or Congress. With talking points on immigration, criminal justice reform and education, her critics contended she surely misunderstood the role of county judge.

Hidalgo insisted the incumbent crop of leaders had a too-narrow view of what county government could accomplish. She unseated Ed Emmett, the popular three-term county judge, in an Election Night stunner amid a Democratic sweep of countywide posts. And then she set about enacting her vision.

After a year in office, Hidalgo has mollified many concerns about her inexperience, marshaled the county’s response to a series of chemical fires and presided over a Commissioners Court of older men who often clash. With her two Democratic colleagues, she has broadened the size and scope of county government, and pledged to do so further in 2020 with a focus on early childhood development.

“We’ve begun to transform the way we do things in the county,” Hidalgo said. “The county used to be in this box that was just about roads and bridges. Now, we’ve seen and we’ve shown it can be about environmental investment. It can be about criminal justice reform. It can be about voting access.”

She has also seen her national stature rise. Forbes magazine named her to its “30 Under 30” list. Presidential candidates have sought to meet her during trips to Houston, attention she said makes her feel humbled.

Locally, the public views Hidalgo with a curiosity her predecessors did not elicit. After Hidalgo appeared on a BBC panel in November with a state senator and two members of Congress, she was the one several attendees waited to greet afterward.

During a holiday toys for kids event at the George R. Brown Convention Center in mid-December, Hidalgo greeted families waiting in line in English and Spanish. Young women, in particular, asked to take photographs with her. They asked how a person like her ended up in a position like this.

“They ask how did you do it? How did you manage to break into the machine?” Hidalgo said. “My biggest message to young people is to get involved … to volunteer, to participate. We need smart people in government.”

Judge Hidalgo recently gave her first State of the County address, in which she talked about the things that she and Commissioners Court accomplished this past year. As the story notes, the election of Adrian Garcia to the Court as well, which gave Dems a 3-2 majority and the votes on the Court to begin doing the kind of things Hidalgo had spoken about during her campaign, was a key aspect to this. She had the vision from the beginning, and the courage to run when no one else wanted a piece of that race, and she has very much been the public face of the Court and in many ways the county. There’s a lot she has to be proud of, and to build on going forward.

The article mentions that Hidalgo has yet to decide whether to seek re-election in 2022, though it does not quote her directly on that. My guess is this is more of a “I’m just focusing on doing my job and not thinking about that yet” situation than any actual possibility of her not running again. I have heard that there are people who are thinking about running against her in the 2022 primary, which I’d say is likely about opportunity in a newly Democratic county rather than an assessment of her tenure. Be that as it may, I feel confident that 2022 will be a higher profile election year for County Judge than 2018 was. I’ve not heard any names attached to these whispers, but I do know who I plan to vote for.

Don’t count the other Jerry Garcia out yet

But do count his votes, because they are legally required to be countable.

Not that Jerry Garcia
(Photo by Carl Lender, CC BY 2.0.)

Reversing itself from a day earlier, the Harris County Democratic Party on Thursday said a constable candidate who was accused by another candidate with the same name of getting on the primary ballot to confuse voters and help the incumbent win, cannot withdraw from the race, after all.

Party officials on Wednesday said candidate Jerry Garcia had withdrawn from the race, but his name would remain on the ballot for the March 3 primary. Any votes cast for him, a party spokeswoman said, would not count.

The party revised its position Thursday, saying its legal counsel determined that the Texas Election Code does not allow candidates to withdraw from a general primary election “after the first day after the date of the regular filing deadline,” which was Dec. 9.

Votes for Garcia will count, though he has the option to withdraw from the race should he make the runoff. If he wins the primary outright, securing more than 50 percent of the vote, he could withdraw from the general election before August, the Democrats determined.

See here for the background. I was curious about this myself – as I said in that post, I didn’t see anything in the elections code that suggested to me that votes for him could be disregarded. And if he does somehow win and wants to withdraw again, then Section 145 of the Elections code would (I presume – remember, kids, I Am Not A Lawyer) apply, in which case there would be no Democratic nominee for Constable in Precinct 2. For those of you with long memories, this is basically the Tom DeLay 2006 situation. It could get more complicated than that, and as this is a county office and not a federal office there may be reasons to relitigate the whole matter, but we’re getting way ahead of ourselves. Let me reiterate what I said on Friday: It would be best of the Other Jerry Garcia had no effect on the outcome of this race. Those of you in Constable Precinct 2, please know who you’re voting for.

This ballot isn’t big enough for two Jerry Garcias

They will both still be on the ballot, though only one is now officially running.

Not that Jerry Garcia
(Photo by Carl Lender, CC BY 2.0.)

One of the two candidates named Jerry Garcia who filed to run for Precinct 2 constable — the one who did not appear to be actively campaigning — has withdrawn from the race, the Harris County Democratic Party said Wednesday.

A certificate of withdrawal signed by Garcia obtained by the Chronicle states that he ended his bid Monday.

His short, strange trip as a candidate is not over yet, however. He will remain on the ballot for the March 3 Democratic Party primary, though votes for him will not count, Democratic Party spokeswoman Nisha Randle said.

Garcia, who is a cousin of Democratic incumbent Constable Chris Diaz’ wife, was one two men who had filed for the seat bearing the same name as the late Grateful Dead guitarist.

The other Jerry Garcia said the turn of events is further evidence the former candidate never intended to mount a serious campaign. That Garcia, a lieutenant in a neighboring constable precinct, alleges the incumbent Diaz pushed his wife’s cousin to run solely to confuse voters, ensuring his re-election. Diaz’s wife, Ana Diaz, also is the mayor of San Jacinto City, a post her husband held from 2009 to 2011.

Lt. Garcia said the like-named candidate’s withdrawal from the race does not resolve what he sees as an unfair situation.

“They got what they wanted, which was to have two Jerry Garcias on the ballot,” he said. “We’re just trying to work hard and get the word out about it as best we can.”

[…]

Garcia the lawman will appear first on the ballot, followed by the words “Harris County lieutenant.” Garcia the cousin will appear below, with no suffix.

See here for some background, including other aspects of this race. State law says he would have had to withdraw within a day to have been removed from the ballot, a holdover from the old days when file-and-withdraw shenanigans were common. Looking at the electoral code for primaries, I’m not sure why votes for The Other Jerry Garcia won’t be counted, but I presume parties have some discretion when a candidate withdraws. The best thing that can happen is that he has no effect on the race’s outcome.

Judge Powell back on the ballot

So be it.

Judge George Powell

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

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

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

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

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

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

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

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

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

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

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

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

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

Who sues first?

It matters whether Harris County or the state of Texas is first to the courthouse against an industrial polluter.

As chemical plant explosions and fires have disrupted lives and raised air-quality concerns in the Houston area this year, the state and its most populous county have been jockeying to take the lead in penalizing polluters.

The state’s more active role has aroused suspicions among some local officials and environmentalists, who believe state leaders with a record of pro-business actions may be trying to take control to soften the blow of any court rulings against major corporations.

“It’s obvious there’s been an attempt to limit Harris County legal office from pursuing these cases,” said Neil Carman, a former air inspector with the Texas Commission on Environmental Quality who now works with the Sierra Club’s Lone Star chapter.

The legal maneuvering reflects growing public concern about environmental disasters in the Houston area and the ongoing tug of war between the Republican-led state government and officials in major metro areas over the setting of policy.

Who sues first dictates not only where the case will be heard, but also where the money will go if there are civil penalties. If Harris County leads with the state being a party to its lawsuit, the money is split between both parties. But if the state sues without the local government’s involvement, it goes back to the state’s general revenue

County officials say they have to sue to have a role in the process and to make sure companies are held accountable for the damage they cause. State lawmakers say that such suits are redundant and that there needs to be a statewide approach; the Legislature has passed bills restricting local governments in such cases.

“It’s not efficient, and it’s not a good way to function,” said Rock Owens, special assistant Harris County attorney for environmental matters. “If you have an emergency that requires immediate attention, that’s a reason to move quickly. But I just have to move quickly to make sure Harris County keeps a seat at the table, and that’s an unnecessary use of resources.”

In the end, he added, “everybody loses.”

See here and here for some background. There’s no question that the state is doing this to block Harris County from taking stronger action against the big offenders. The track record could not be more clear. Harris County has done pretty well regardless, and if you listened to my interviews with the County Attorney candidates you should feel confident that that will continue, at least until such time as the Lege clips the county’s wings further. We all know what we need to do to keep that from happening.

After-deadline filing review: Courts

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

Supreme Court and Court of Criminal Appeals

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

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

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

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

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

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

Court of Criminal Appeals, Place 4 – Brandon Birmingham

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

First and 14th Courts of Appeals

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

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

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

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

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

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

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

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

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

Harris County District Courts

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

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

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

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

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

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

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

The following races are contested in both March and November:

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

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

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

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

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

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

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

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

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

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

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

Interview with Christian Menefee

Christian Menefee

Our third candidate in my series of interviews for Harris County Attorney is Christian Menefee, who was the first candidate to declare for the race. A native Houstonian, Menefee is a former intern in the Harris County Public Defender’s office, and now works as a litigator with Kirkland & Ellis. He has worked with the NAACP Legal Defense Fund and Texas Appleseed, he has served on the Houston Independent Police Advisory Board, and he is a past President of the Houston Black American Democrats club. Here’s the interview:

    PREVIOUSLY:

Elisa Cardnell – CD02
Travis Olsen – CD02

Michelle Palmer – SBOE6
Kimberly McLeod – SBOE6
Debra Kerner – SBOE6

Chrysta Castañeda – RRC

Vince Ryan – Harris County Attorney
Ben Rose – Harris County Attorney

Interview with Ben Rose

Ben Rose

Incumbent Harris County Attorney Vince Ryan has two opponents in the March primary, the first time he has had company in a March race. Ben Rose has an LL.M. in Environmental Law from Tulane University, where he wrote his doctorial thesis on how to protect Houston’s Ship Channel from hurricanes. He has managed two law firms and practiced civil and environmental law here in Houston. He was also the Democratic candidate for HD134 in 2016; you can listen to that interview here. My interview with Ben Rose for this race is here:

    PREVIOUSLY:

Elisa Cardnell – CD02
Travis Olsen – CD02

Michelle Palmer – SBOE6
Kimberly McLeod – SBOE6
Debra Kerner – SBOE6

Chrysta Castañeda – RRC

Vince Ryan – Harris County Attorney

More flood tunnel studies

Has some promise.

Japanese flood tunnel

With engineers working at a feverish pace to get more than 200 projects in its $2.5 billion bond program moving, much of the Flood Control District’s efforts are focused on nuts-and-bolts improvements — including widening bayous, digging detention basins and purchasing flood prone homes.

From his cramped office at district headquarters, however, engineer Scott Elmer is pursuing the most ambitious project the agency has ever conceived: massive tunnels that could funnel stormwater beneath the region’s bayou network to the Houston Ship Channel.

The tunnels could provide a crucial new tool to complement existing flood control methods, as new development in fast-growing Harris County and more intense storms wrought by climate change place additional pressure on infrastructure.

“When you look at events such as Hurricane Harvey and Tropical Storm Imelda, it’s time for that type of out-of-the-box thinking,” Elmer said.

The flood control district has considered tunnels since the 1990s, though plans have never advanced beyond paper. Since Harvey in 2017, which flooded more than 200,000 county residences and damaged many of the district’s defenses, the county has revisited the idea.

A study engineers completed in October reached two important conclusions — that tunnels feasibly could be constructed and they could move substantial amounts of stormwater that otherwise could pool in neighborhoods or push bayous over their banks. Encouraged by the results, the district has begun a second phase of research, which over the next year will map one to five possible routes. A third one-year phase would include a geotechnical analysis to evaluate construction challenges.

[…]

Experts also offer cautious approval. Jim Blackburn, co-director of the Severe Storm Prediction, Education, and Evacuation from Disasters Center at Rice University, long has urged Harris County to more aggressively approach flood control. Tunnels are a bold idea, he said, so long as they do not exacerbate flooding downstream.

“What I’m concerned about is that in an effort to keep the cost down, they may attempt to terminate it in an area that may already be congested, from a water standpoint,” Blackburn said.

See here and here for the background. I assume this is the result of the study funded by a federal grant that was approved in February. Cost is an issue, though we can try for federal funds and the tunnels can be built in stages. This would just be one piece of an overall strategy, not the entire approach. No other place that has flood tunnels sees the kind of rainfall Houston does, so it’s hard to model an approach after an existing system. There’s more to it than all this, so go read the rest. It seems like a good idea to pursue, but we’re a long way from starting to dig.

Interview with Vince Ryan

Vince Ryan

This week we focus on the Harris County Attorney primary, one of several high-profile primaries in the county where a sitting incumbent faces serious challengers. Vince Ryan was first elected to the office of Harris County Attorney in 2008, part of the first wave of Democratic wins in the county. Ryan had served in the County Attorney’s office in the 1980’s as First Assistant to Mike Driscoll, and he served three terms on Houston City Council in District C. His office provided me with a timeline of the bail lawsuit and a copy of the consent decree, which you can see here. I’ve interviewed Vince Ryan for each of his past County Attorney elections. You can hear the 2016 interview here, and you can hear the 2020 interview right here:

    PREVIOUSLY:

Elisa Cardnell – CD02
Travis Olsen – CD02

Michelle Palmer – SBOE6
Kimberly McLeod – SBOE6
Debra Kerner – SBOE6

Chrysta Castañeda – RRC

Precinct analysis: 2019 HD148 special election

I started this post while doing other precinct analysis stuff. Didn’t finish it with the others, but now that the legislative special election runoffs are next up on the calendar, I thought I’d finish it off. First, here’s how the main Mayoral candidates did in HD148:


Turner    9,631
Turner%  44.65%

Buzbee    6,280
Buzbee%  29.11%

King      2,947
King%    13.66%

Boykins   1,253
Boykins%  5.81%

Lovell      467
Lovell%   2.16%

Others      993
Others%   4.60%

Not actually all that different than how they did overall in Harris County. Mayor Turner was about 1.7 percentage points lower, while Sue Lovell gained 0.86 points. Oddly, it was the “Other” candidates who collectively gained the most, going from 3.72% overall to 4.60% in HD148, for a gain of 0.88 points. Keeping it weird, y’all.

Since I started this before the runoff, and even before the date for the HD148 runoff was set, I wondered what the effect might be of having Anna Eastman and Luis LaRotta slug it out at the same time as Mayor Turner and that other guy. I decided to zoom in on the best precincts for Eastman and LaRotta and see how the Mayorals did in them:


Eastman top 4

Eastman 1,557
LaRotta   557
Dem     1,508
GOP       547
Others  2,055

Turner  2,389
Buzbee    974
King      592
Others    370

LaRotta top 4

Eastman   242
LaRotta   600
Dem     1,006
GOP       515
Others  1,521

Turner    835
Buzbee  1,001
King      412
Others    245

Putting it another way, Anna Eastman’s best precincts were more Democratic, and more favorable to Turner, than LaRotta’s precincts were Republican and favorable to That Guy. Didn’t much matter in the end, but I was curious, and that’s what I learned.

Finally, there’s always the question of how much turnout efforts from one race can affect another. For sure, the Mayoral race was the big turnout driver in Houston in November, but as overall turnout was below thirty percent, there would still be plenty of people in HD148 who would normally vote in an even-year election, when this race is supposed to be on the ballot, but who may not vote in odd-year races. To try to get a handle on this, I looked at the undervote rate in the Mayor’s race in HD148, and compared it to the overall undervote rate for the Mayorals. In Harris County, 1.59% of the people who showed up to vote in November did not cast a ballot in the Mayor’s race. The undervote rate in the HD148 special was 5.87%, which is another way of saying it was the Mayor’s race that drove the majority of the action.

In the HD148 precincts, all of which are in the city of Houston, there were 22,001 total votes cast, according to the draft canvass sent to me by the County Clerk. That’s a smidge less than what you’ll see on the official election report, which is almost certainly a combination of cured provisional ballots (my canvass does not include provisional votes), split precincts (many voting precincts are partly in and partly not in the city of Houston, which makes all of the calculations I do that also involve non-city entities a little fuzzy), and whatever stupid errors I made with Excel. Be that as it may, of those 22,001 cast ballots, there were 387 non-votes in the Mayor’s race, for an undervote rate in the HD148 precincts of 1.76%, a hair higher than the overall undervote rate. If the voters in HD148 had skipped the Mayor’s race at the same rate as voters everywhere else in Harris County skipped it, there would have been only 350 Mayoral undervotes.

So, I’d say that the turnout effect of the HD148 special election was pretty small, since the voters in that race behaved very much like voters elsewhere. Perhaps if this had been a higher-profile race, with more money and a longer time on the ballot and a clearer partisan split – in other words, a race more like the HD28 special election – we might have seen more people who came out to vote for it and who had less interest in the other races, and thus a higher undervote rate in the Mayoral election. Sadly, we won’t know what that might look like at this time. I should note that I have no idea how many of the 1,288 non-voters in the HD148 special were also non-voters in the Mayoral race; there’s just no way to tell that from the data I have. Maybe some of those people were just there to vote for the Constitutional amendments, or the Metro referendum, or District H, or who knows what. I feel on reasonably firm ground saying that the turnout effect of the Mayor’s race was considerably higher than the turnout effect of the HD148 special election. Anything beyond that needs more study. You’re welcome.

Federal lawsuit filed against Precinct 2 Constable over campaign practices

Hoo boy.

Chris Diaz

Nearly a dozen former employees and high-ranking officials are suing Precinct 2 Constable Chris Diaz, alleging that the elected Harris County lawman required deputies and command staff to help with his reelection campaign and retaliated against them with demotions and terminations if they refused.

The wide-ranging accusations in the 33-page federal suit paint a picture of a troubled office, where campaign donors were allegedly given preference in promotions, and anyone who cooperated with state investigators could expect to be punished.

“He’s just running Precinct 2 like it was his own campaign,” said attorney Scott Poerschke, who is representing the former employees. “He’s conditioning employment upon service of his campaign and any time that is challenged in any way, then those employees are retaliated against.”

Poerschke said the plaintiffs fall into two main categories: people who supported election challenger Jerry Garcia and people who helped out with a Texas Rangers probe into overtime claims and the possible misappropriation of Hurricane Harvey donations.

Neither Diaz nor his wife – Jacinto City Mayor Ana Diaz, who the plaintiffs accused of helping with her husband’s retaliation efforts – responded Tuesday to the Chronicle’s request for comment. A spokesman for the Harris County Attorney’s Office said the office was aware of and reviewing the litigation, but did not offer comment on it.

Even before the latest lawsuit, the constable was already the target of a whistleblower claim filed earlier this year in state court earlier. But last week, his reelection efforts landed in the news over a different concern, after one challenger accused him of putting up a relative of the same name – another Jerry Garcia – as a ploy to confuse voters.

See here for the “two Jerry Garcias” story, which I would have blogged about separately had it not been subsumed by this story. You can read the Chron article for details; I’m going to wait to see what happens at trial before making any firm conclusions, since I was not aware of any of this before now. On a broader level, is it maybe time to think about getting rid of the elected office of Constable all together? We have a pretty damn spotty record with Constables in Harris County, from Perry Wooten to Jack Abercia to Victor Trevino to Ron Hickman, and maybe allegedly now Chris Diaz. Someone make the case that elected Constables are still a good idea in the 21st century, as opposed to just absorbing the office into the Sheriff’s department. I’m going to need to hear it, because I’m not sure I see it. Campos has more.

Bus service in new places

This is a good first step, which I hope begets a second step.

Harris County has extended bus service to Channelview, Cloverleaf and Sheldon, using $3.8 million in Hurricane Harvey disaster recovery money to jump-start the new routes.

Service started Dec. 2, quickly getting about 500 riders in the second week along roughly 65 miles of new service.

“When you have that freedom to ride a bus, that opens up so many more services to you,” said Daphne Lamelle, executive director of the Harris County Community Services Department.

The need is especially pronounced in eastern Harris County after Harvey led to the loss of thousands of cars and trucks, Precinct 2 Commissioner Adrian Garcia said Wednesday as he and other county officials dedicated the five new routes.

“We don’t think about these things until we need them,” Garcia said, lamenting the need for cars in rangy parts of the county.

[…]

Future money to operate the service will come from federal sources, doled out locally by the Houston Galveston Area Council, said Ken Fickes, transit services director for Harris County.

The new county service operates every 30, 60 or 90 minutes, depending on the route, and many connect to Metro at the Mesa Transit Center along Tidwell and along Uvalde at Woodforest Boulevard.

Transfers to Metro, at least for the foreseeable future, will be free, said Metro Vice-chairman Jim Robinson, who represents Harris County on the transit agency board.

“We have pulled out all the stops to make this a going thing,” Robinson said of the desire to extend transit to more places.

You can view the routes for existing and new bus services here. I’ll be honest, I hadn’t realized any of this existed. I knew that Metro’s service area did not include some number of non-Houston cities within Harris County, and many of those cities are in the eastern part of the county, I just either didn’t know or had forgotten that the county provided some limited transit service for them. I guess I have mostly thought of this in terms of transit-less Pasadena, which remains a stubborn island of car-only transportation.

Commissioner Garcia and Metro are both interested in extending Metro’s services out to these cities – I touched on this in my recent interview with Metro Chair Carrin Patman, though again I was more Pasadena-focused than I might have been – which is a great idea and something that will require both legislative action and local voter approval, to add a penny to their sales tax rate. That means that even in a best-case scenario, we’re talking at least two years for such a thing to happen. The main thing to do to facilitate that in the meantime is get as many people as possible using the service, and making the case to everyone else in those cities that it benefits them as well even if they’re not riding those buses. And please, do bring Pasadena into this – there’s really no reason why Metro’s service doesn’t include all of Harris County. Houston Public Media has more.

Will the Paxton case move back to Collin County?

Team Paxton is asking for that to happen.

Best mugshot ever

A Harris County judge said Tuesday he will rule by the end of next month on Attorney General Ken Paxton’s request to move his felony securities fraud case back to his home county.

Judge Robert Johnson avoided getting into other issues raised in the case until he decides whether to send it back to Collin County, where it originated nearly four years ago.

Special prosecutor Kent Schaffer — who opposed Paxton’s motion to move the case — said after Tuesday’s hearing that he thinks Johnson “will make the right decision” and that he believes “with a high degree of certainty” that Paxton will go to trial by spring 2020.

[…]

The case has been delayed for nearly four years now for reasons ranging from the change of venue request to courtroom damage due to Hurricane Harvey to an ongoing disagreement between Collin County officials and special prosecutors over what they ought to be paid for their work.

It was Paxton’s political influence in Collin County that led a judge to move the case to Harris County in the first place. In 2017, Judge George Gallagher sided with prosecutors who argued that Paxton could not receive a fair trial in the county where many of his friends and political allies live and hold positions of power.

The Collin County District Attorney, for example, recused himself from the case because of a friendship with Paxton, a former state legislator.

Paxton’s lawyers argue that Gallagher exceeded his authority in changing the venue in the first place because his temporary assignment to the case had expired months before he made the decision.

They’ve also said that public attention on Paxton’s indictment has waned since 2016 when the case was the talk of “blogs, media and Facebook posts.” Plus, Collin County is better-equipped to take the case as well, they say, because the Harris County court system is already overburdened.

See here, here, and here for the background. Paxton’s argument seems pretty self-serving here, but in some sense it doesn’t matter. We all know Judge Johnson’s ruling will get appealed, all the way to the CCA, and that whole rigamarole will take a couple more years. We’re all going to be old and gray before this case is resolved.

Army Corps held liable for Harvey reservoir flooding

A big deal.

Thousands of Houston area residents and property owners landed a historic win against the U.S. government on Tuesday when a federal judge found that the U.S. Army Corps of Engineers is liable for damage caused when it used homes and businesses to retain floodwater upstream of the Addicks and Barker reservoirs during Hurricane Harvey.

The judge ruled the government’s actions led to a violation of civilians’ rights, finding that officials intentionally stored rising floodwaters on private property. He determined — based on complicated data, testimony, evidence and an in-person tour of test properties — that people whose homes and businesses flooded should be permitted to seek compensation for what happened. The residents and business owners successfully made the case that the government knew for decades that the reservoirs would likely not retain floodwaters in a deluge and they did nothing to prevent it.

“We are extraordinarily pleased for the upstream flood victims and honored that the court found that the government was liable for the damage they suffered,” said Daniel Charest, one of the lead lawyers for the group of flood victims. “While we have a lot of work to do for damages this is a massive step toward making these victims whole.”

[…]

Property owners may file suit for six years from the time of the flooding.

Charest said he encourages people in the upstream area who haven’t submitted a claim to do so.

“The window remains open for people the join the litigation and I encourage them to do so to bring justice to the flood victims,” he said.

According to the Trib, there’s a second lawsuit that is still in litigation; this may refer to it, I’m not 100% sure. Be that as it may, this could represent a lot of money to the affected homeowners, which would be a very big deal for them. There’s no indication at this time if this ruling will be appealed, but it’s hard to imagine otherwise.

We have a filing failure

In typical fashion, it’s bizarre.

Judge George Powell

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

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

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

Full hearing in early January.

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

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

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

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

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

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

Turner defeats Buzbee

Oh my God I’m so glad this is over.

Mayor Sylvester Turner

Mayor Sylvester Turner declared victory over Tony Buzbee as his lead over the millionaire businessman continued to grow with half of all voting centers in the city counted late Saturday.

Turner led from the moment early voting and absentee results were posted shortly after the polls closed at 7 p.m., putting him in position to retain his seat for a second four-year term. Election day results, however, ensured he would see a wider margin than four years ago, when he bested businessman Bill King by 2 percentage points.

Early and absentee ballots are expected to make up roughly half the total votes cast in the runoff, meaning Buzbee likely would have had to win handily on Election Day to make up his initial deficit.

Turner took the stage at his election night party at 10 p.m. to declare victory in front of television news cameras.

“If there’s any lesson from this campaign, it’s that you don’t have to have as much money as someone else. You don’t have to live in a house that’s as big as someone else. You don’t have to drive a car that’s as fancy as someone else,” he said.

Buzbee spoke several minutes earlier. He did not concede the race, but acknowledged his chances were slim.

“I’m not an idiot,” he said. “I see the returns.”

I disagree with your premise, sir. And I am so, so glad I will never have to give any of my brain space to you again.

Election Day returns are here. (Fort Bend results, where Turner did as well as you’d expect, are here.) You may note that Turner built on his Harris County lead on Election Day, outperforming his Early Vote margin by several points. Keep that in mind when you read this:


The comments were…not kind. Symbolic or not, Sylvester Turner won re-election by a comfortable margin. And Tony Buzbee is over. Thank heavens.

Council results

With one race still up in the air as I draft this:

With early voting tallies and most of Saturday’s Election Day results posted, Houston’s three incumbent at-large council members facing runoffs had won, while District H incumbent Karla Cisneros held the slimmest of leads over challenger Isabel Longoria. Four other incumbents already have reclaimed their seats, having won outright on Nov. 5: Dave Martin (District E), Greg Travis (District G), Robert Gallegos (District I) and Martha Castex-Tatum (District K).

At least half of the 16-member council will be new — five current members are term-limited and three vacated their seats: Dwight Boykins (District D) made a failed bid for mayor, Amanda Edwards (At-Large 4) is seeking the Democratic nomination for U.S. Senate, and Steve Le (District F) decided not to seek re-election.

One council race will not be decided Saturday: The third-place finisher in District B has filed lawsuits contesting the election and challenging the second-place finisher’s eligibility, citing her 2007 felony theft conviction and a state law that appears to bar candidates with such convictions from running for office. No election date has been set.

The simplest way to summarize what happened is this tweet:

With 367 of 385 voting centers reporting, Karla Cisneros had a 25-vote lead over Isabel Longoria. It had been a 14-vote lead with 323 centers reporting. Longoria had chipped away at Cisneros’ lead all evening. I have to think this one is going to get recounted, so whatever the final numbers are, expect this to remain an unsettled question for a little longer.

The At Large results could have been better, but they were sufficiently close in #4 and #5 that they also could have been a lot worse. When Mayor Turner puts forward a new version of HERO, he should have ten of sixteen Council votes in his favor. We’ll see how that goes. In the meantime, congratulations to all the winners.

Runoff Day is today

Hang in there, it’s almost over.

Mayor Sylvester Turner

A nearly year-long mayoral election that culminated in a subdued runoff between Tony Buzbee and incumbent Sylvester Turner comes to an end Saturday when voters decide who wins control over City Hall for the next four years.

Buzbee, a millionaire businessman and trial lawyer, has sought out voters of all political stripes by citing his ties to both parties. For months, he has painted Turner as a corrupt career politician who had run the city into the ground, regularly reminding voters he self-funded his own campaign to avoid the appearance that he is beholden to campaign donors.

Turner, a longtime Democratic state legislator who is finishing his first four-year term, has painted a rosy picture of conditions in Houston, arguing that he has overseen an uptick in the police force and laid the groundwork to diversify the city’s economy through tech and start-up businesses. He also has pitched himself as an astute steward of the city’s finances, pointing to his signature feat: a major overhaul of the city’s costly pension systems.

During the runoff, the two candidates have focused on presenting their plans for the next four years, a marked difference from the general election, when they spent millions of dollars attacking each other. Since Nov. 5, when Turner finished about 19 percentage points ahead of Buzbee, the two have not faced off in a debate, with Turner almost ignoring his foe entirely.

“I think the realization was that Mayor Turner got 47 percent of the vote, and so, if he just didn’t make an embarrassing gaffe or make a wrong move, the election was his to win,” said Michael Adams, chairman of Texas Southern University’s political science department.

See here for the background. I’ve gotten multiple robocalls urging me to vote for Turner (and a few to vote for other candidates, like Raj Salhotra), culminating with one I got on Friday from rightwing radio host Sam Malone on behalf of Tony Buzbee. I finally saw a Buzbee ad on TV a couple days ago – it almost made me nostalgic, it had been so long since I had last seen one. In the meantime, Buzbee has been busy flip flopping on HERO again – what are the odds he could tell you right now what his most recent position on it is? All I know is that as of about 7 PM this evening, I can officially no longer give a shit about anything Tony Buzbee says or does.

Polling locations are here. As a reminder, you can vote at any location. My guess is that more than half of the final vote tally has already happened. I’ll have a report in the morning.

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.

2019 runoff early voting wrapup

Here are your final totals:


Date     Mail   Early   Total
=============================
Nov19  13,015  88,822 101,837
Dec19  18,935  96,269 115,204

The Day Ten EV Runoff file is here, and the final file from November is here. Keir’s thread is here, with a bit of bonus content about the runoff voters who didn’t vote in November – yes, they exist. In the end, there were 152,764 total November early votes cast – there were two more days of early voting, and as usual they were the busiest.

Projecting final turnout is a little tricky, because don’t have many comparable data points. Only 2015 and 2009 had Mayoral runoffs in the modern early voting era. In 2015, 44.58% of votes cast on Election Day, while in 2009 that figure was 56.28%. I strongly suspect that 2015 is the more accurate model, and I’d bet the under on that. I’m guessing we’re headed for final turnout in the 175-200K range. Just my guess, but with a mostly hardcore voter crowd and no romantic attachment to Election Day itself, I fully expect most of the voting to be over. Have you voted yet?

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.

Willie D will not be on the Democratic primary ballot

He wanted to run for Commissioners Court but his application was rejected because of his previous felony conviction.

Willie Dennis

Former Geto Boys rapper William “Willie D” Dennis wants to run for Harris County Commissioners Court, but local Democratic party officials rejected his application to get on the ballot, citing his criminal history and a state law that has become a lightning rod in north Houston politics over the last month.

Dennis filed an application Thursday with the Harris County Democratic Party, seeking to challenge incumbent Rodney Ellis for the court’s Precinct 1 seat. He said he wants to bring his unique perspective to government.

On Saturday, the party notified him that he was ineligible because of his 2010 felony conviction for wire fraud charges, stemming from an iPhone sales scam.

The party cited a state law that forbids candidates from running for public office if they have been convicted of felony from which they have not been pardoned or otherwise released from its “resulting disabilities.”

The statute doesn’t define that phrase and has invited varying interpretations that have not been definitively resolved by courts. It is currently the subject of a contentious lawsuit surrounding the stalled runoff in the Houston city council’s District B election.

“I would add that this is not my decision,” said party chair Lillie Schechter. “We follow the Texas Election Code.”

Officials told Dennis that they would reconsider the ruling if he could provide examples in which candidates with felony convictions were allowed to assume office, Schechter said.

Dennis said he was looking at options to appeal the decision. It marks the second time this year his political plans have been foiled by his conviction. His campaign for the District B seat was similarly derailed by eligibility concerns.

“I want my rights back — all of them,” Dennis told the Chronicle Saturday. “I did my time, now give me my rights.”

See here and here for the story of his attempt to run for District B. As far as the ongoing District B runoff situation goes, the latest news is that the hearing we were supposed to get on Friday was rescheduled for today. If there’s an immediate ruling that may provide clarity for both of those situations.

As to why the HCDP would not accept this ballot application when the city accepted Cynthia Bailey’s (and several others’), I’d say it’s simply a difference of interpretation. William Dennis himself said that he decided not to file in District B because he didn’t want to risk perjuring himself by swearing on the affidavit that he hadn’t been finally convicted of a felony. The initial ruling in the lawsuit filed by Renee Jefferson Smith that allowed Cynthia Bailey to stay on the runoff ballot gave him the confidence to try again, but the underlying law remains unclear. I don’t blame him for being upset and confused by this. This needs to be fixed by the Legislature, ideally in a way that allows people who have completed their sentences to fully participate in our – and, ideally, their – democracy again. Until then, we have a mess.

Another “resign to run” question

Reply hazy, ask again.

Josh Flynn

A state law that deems certain officeholders ineligible for the Legislature is raising questions about whether Texas House candidate Josh Flynn is allowed to run for the seat while keeping his current position as a Harris County Department of Education trustee.

Flynn, one of three Republicans to file for the House District 138 primary in March, joined the HCDE board in January after winning the Position 4, Precinct 3 election in 2018. The board elected Flynn president at his first meeting.

The law in question is a section of the Texas Constitution that deems “any person holding a lucrative office under the United States” ineligible for the Legislature. The law does not define “lucrative office,” but a 1992 Texas Supreme Court opinion issued by then-justice John Cornyn determined that “an office is lucrative if the office holder receives any compensation, no matter how small.”

Flynn and his fellow HCDE trustees receive $6 per meeting, as required by state law.

The Constitution and the Supreme Court opinion do not appear to specify when “lucrative” officeholders must resign in order to be eligible. However, a 1995 attorney general letter opinion determined that the law “does not disqualify the holder of a lucrative office from running for the legislature … if the officeholder resigns from the lucrative office before filing for the legislature.”

Asked about his resignation plans, Flynn wrote in an email, “If I were to win the election in November of 2020, then I will resign my position with the HCDE.”

[…]

Kay Smith, a former HCDE trustee, resigned her position on the board in November 2015 to mount an unsuccessful run for House District 130 the following year. Eric Dick, a current board member, is running for Houston City Council and was able to retain his seat, department officials confirmed to the Chronicle earlier this year. The constitutional “lucrative office” provision applies to the Legislature and does not reference municipal offices.

In a statement, Paul Simpson, chairman of the Harris County Republican Party, said, “We have not yet certified any candidate for the ballot, and will evaluate any challenges as required by law.”

Am I the only one who remembers Roy Morales, who not only did not resign to run for City Council in 2007, or for Mayor in 2009, or for Congress against Gene Green in 2010? I don’t remember there being a question raised about whether or not Morales needed to resign for any of those races, but I admit it’s long enough ago that I just might have forgotten. I suppose if “the Legislature” is the only office that one could seek where this provision matters then it wasn’t an issue. Sure seems like this would be a good thing to clean up in the next Lege, along with that question about the rights of felons who have completed their sentences. In the meantime, we’ll see what the county GOP says about this.

The “Has Not Yet Filed” list

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

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

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

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

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

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

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

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

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

Precinct analysis: 2019 Metro referendum

The one election of interest within Harris County that wasn’t mostly or entirely within Houston was the Metro referendum. Let’s have a look at how that vote went.


Dist     Yes      No
====================
A     18,795  10,648
B     15,120   4,037
C     32,384  12,659
D     19,304   4,823
E     15,912  12,942
F      9,357   3,699
G     20,985  14,163
H     11,049   4,065
I      8,439   3,282
J      5,208   2,063
K     14,987   4,509
		
A     63.84%  36.16%
B     78.93%  21.07%
C     71.90%  28.10%
D     80.01%  19.99%
E     55.15%  44.85%
F     71.67%  28.33%
G     59.70%  40.30%
H     73.10%  26.90%
I     72.00%  28.00%
J     71.63%  28.37%
K     76.87%  23.13%

Where        Yes      No
========================
Houston  171,540  76,890
Not Hou   51,323  28,676

Houston   69.05%  30.95%
Not Hou   64.15%  35.85%

I’ve said before that blowout elections lead to boring precinct analyses, and here you can see a good example. The referendum passed by big margins everywhere, inside Houston and out. It helped that advocates had plenty of money while opposition was sparse. I doubt it would have mattered much in the end – the 2003 referendum passed despite much fiercer resistance, after all – but you have to think that the absence of a vocal and powerful Congressional adversary had to make this a lot easier for Metro. And that’s just fine by me.

Former judge McSpadden rebuked by State Commission on Judicial Conduct

Good.

A former district judge who served on the Harris County bench for 36 years has received a formal reprimand from a state watchdog commission for comments he made to a Houston Chronicle reporter stating black defendants were getting poor guidance from their parents about how to behave when they’re suspected of crimes.

The commission’s rebuke also cited the former judge’s comments in an editorial he penned for the Chronicle expounding on black defendants’ attitudes toward the justice system.

The State Commission on Judicial Conduct issued a warning on Nov. 12 to Michael McSpadden, a Republican who served on the 209th Criminal Court from 1982 through the 2018 election, for “casting public discredit on the judiciary and the administration of justice,” based on a series of comments he made about defendants’ attitudes toward judges and police officers. The commission announced its decision on Monday.

The Austin-based panel found that McSpadden violated a portion of the Texas Code of Judicial Conduct that instructs judges not to do anything outside of court that casts reasonable doubt on the judge’s ability to act impartially. The panel also found McSpadden violated the Texas Constitution’s prohibition against “willful and persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit upon the judiciary or administration of justice.”

The warning does not prevent McSpadden from sitting by assignment as a visiting judge, according to Eric Vinson, former executive director of the commission.

[…]

Ashton Woods, president of Black Lives Matter Houston, who called for McSpadden to come under scrutiny for the comments, said the former judge’s statement in chambers and in his editorial called into question his ideology, indicating he could not be fair to black defendants and people of color who came before him due to his preconceived notions of how they may think.

“There’s already an imbalance … and when people put their thumb on the scale like McSpadden did, it increases the disparity,” Woods said. “There may have well been innocent people going through his court and he may have thrown the book at them because he had a bias toward them.”

Woods said he hoped all of McSpadden’s rulings would be reviewed for impartiality.

James Douglas, president of the Houston branch of the NAACP, said he did not think the commission went far enough.

“I think he should be banned from sitting on the bench,” Douglas said. “I don’t think he has the mental temperament or understanding of racial issues…Those views are not the views of a person who is totally impartial on the issue. He indicates he is not impartial when it relates to charges against African American males.”

See here and here for some background. The original comments from McSpadden, who was thankfully removed from the bench last year by the voters, came in a story about how he and others had “directed magistrates to deny no-cash bail to all newly arrested defendants”, over a period of nearly ten years. I agree that McSpadden’s previous rulings should be reviewed, and I definitely agree that he should never be allowed near a bench again. The visiting judge system needs an overhaul as it is, and it should be updated to exclude specifically problematic jurists like McSpadden. This is a no-brainer.