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Harris County Clerk

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

Part One
Part Two

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


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

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

Abbreviations:

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

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

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

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

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

Endorsement watch: I had totally forgotten who her opponent is

The Chron endorses Teneshia Hudspeth for a full term as Harris County Clerk.

Teneshia Hudspeth

As the parent of a young child, Teneshia Hudspeth is familiar with the back-to-school rush for documents, including birth certificates. For families without reliable internet access, that might be more of a challenge than usual. And a trip to the county clerk’s office often means taking off work. So, as Harris County Clerk, Hudspeth helped launch an event in 2021 that let parents and guardians come in on a Saturday to get birth certificates at select offices.

“There were hundreds and hundreds of families who needed this service,” she told the editorial board.

She’s continued the event this year, partnering with local organizations that helped cover the costs of the documents for families that needed it and supplied backpacks. Her office added a service that allows people to order a birth certificate online.

These are the small things that a county clerk’s office can do to improve life and ensure that people are getting their needs met by an office that few residents likely understand well.

[…]

With a full term, Hudspeth will be able to seamlessly continue her efforts to make the office more responsive and accessible to all of Harris County.

Under her watch, the office has digitized thousands of marriage license records, prepared an estate-planning virtual series launching this month, added digital monitors in the courts with information in Spanish and English and overseen upgrades to the annex offices, some of which were begun before her tenure.

Among future plans: an e-certification program, an update to marriage license that will allow couples to add their photographs, and more outreach efforts.

In between is a discussion of the former role that the County Clerk played in running elections. That includes a mention of Stan Stanart, the deservedly former Clerk who is running for his old job and wants to do the election-running thing again. However you judge Stanart as the elected official in charge of elections, know that it was Teneshia Hudspeth doing the real work behind the scenes while he was spending a bunch of money on iPads he never deployed. As the headline indicates, the fact that Stanart is on the ballot just doesn’t stick in my mind – I confront that fact when I do campaign finance roundups, and now as I read this endorsement piece, and in an hour or so it will have flitted right back out of my memory again. This is a happy place for me to be. Please don’t ruin it. Vote for Teneshia Hudspeth, for the betterment of the Clerk’s office and my peace of mind.

You can listen to my interview with Teneshia Hudspeth and hear all the reasons why she is a very fine County Clerk here. On the B-side, the Chron endorsed their first Republican of the cycle, giving the nod to Morgan Luttrell in CD08, a district that unlike some others can reasonably be described as “bright red”. As noted, it is somewhat less crimson now than it was before redistricting, but the voters to shore up Dan Crenshaw and Mike McCaul have to come from somewhere and it’s those “bright red” districts like CD08 that are the obvious source. If you’d prefer an alternative to hoping that Luttrell will “bring more substance with him” when he gets to Congress as the Chron does, you can listen to my interview with his Democratic opponent Laura Jones.

Interview with Teneshia Hudspeth

Teneshia Hudspeth

We are moving the focus back to local offices this week, with three interviews of incumbents running for re-election. Teneshia Hudspeth is seeking her first full term as Harris County Clerk. A longtime employee of the Clerk’s office before winning a special election in 2020 to finish out the term after Diane Trautman stepped down, Hudspeth is now one of five members of the Harris County Elections Commission, with oversight over the office of the Elections Administrator. We obviously talked about that, and about all of the things she is doing with the non-elections parts of the Clerk’s office, which is a quite a lot. You can listen to the interview I did with her in 2020 here, and you can listen to this year’s interview here:

PREVIOUSLY:

All interviews and Q&As through the primary runoffs
Michelle Palmer – SBOE6
Chuck Crews – HD128
Cam Campbell – HD132
Stephanie Morales – HD138
Robin Fulford – CD02
Laura Jones – CD08

As always, everything you could want to know about the Democratic candidates can be found at the Erik Manning spreadsheet.

July 2022 campaign finance reports: Harris County

Happy Mid-Year Campaign Finance Reporting Day to all who celebrate. Today we’ll be looking at the races of interest in Harris County, which thankfully for me has a lot fewer candidates to review than the last time we did this in January, before the primaries. I also did this roundup in July 2021 if you want to go that far back. You know the drill here, so let’s get to it.

Lina Hidalgo, County Judge
Alexandra Mealer, County Judge

Rodney Ellis, County Commissioner, Precinct 1

Adrian Garcia, County Commissioner, Precinct 2
Jack Morman, County Commissioner, Precinct 2

Tom Ramsey, County Commissioner, Precinct 3

Jack Cagle (SPAC), County Commissioner, Precinct 4
Lesley Briones, County Commissioner, Precinct 4

Teneshia Hudspeth, County Clerk
Stan Stanart, County Clerk

Marilyn Burgess, District Clerk
Chris Daniel (SPAC), District Clerk

Carla Wyatt, County Treasurer
Eric Dick, County Treasurer
Kyle Scott, County Treasurer


Name             Raised      Spent    Loans    On Hand
======================================================
Hidalgo       1,150,804    569,065    1,400  1,983,697
Mealer          764,544    404,802    6,000    455,927

Ellis           543,900    241,714        0  3,805,232

Garcia, A       787,949    675,976        0  1,897,179
Morman           63,144     19,585        0     69,638

Ramsey           34,869     69,290        0    549,707

Cagle           388,332    209,368        0  1,231,540
Briones         126,038     98,547        0     90,720

Hudspeth         18,265     18,145        0     13,952
Stanart           3,407      5,583        0      6,729
Burgess          16,070     15,864    5,207     15,049
Daniel           20,600      9,619   25,000     12,144
Wyatt             2,085      6,082        0      1,092
Scott             2,309      5,340   23,000        719

With the much-smaller field of candidates now that we are fully past the primaries, everyone who is on the November ballot in these races has a current finance report online. Note that for some candidates, the report covers the period from February 20 through June 30 – these are the candidates who won their March primaries outright – and for some it covers the period from May 15 through June 30. These are the candidates who had to win in their runoff, a list that includes Alexandra Mealer, Jack Morman, and Lesley Briones. Mealer’s amount raised total is a lot more competitive with Judge Lina Hidalgo’s given the smaller amount of time that her report covers, but as John Coby points out, she got more than half of that total from four donors who each gave her $100K.

It’s interesting to me that Morman, who was a County Commissioner for eight years before Commissioner Garcia nipped him in 2018, has had such anemic fundraising. I’m not sure what that says, other than maybe not enough people think he can win. Lesley Briones still has a significant cash deficit against Commissioner Jack Cagle, but she’s been considerably more proficient at fundraising. She is unlikely to catch up to him in that department, but she’ll be more competitive.

Not much else to say, as the other offices tend to have little fundraising capacity, and these reports present no surprises. Eric Dick also filed a report for his current office of HCDE Trustee, in which he again reported zeroes across the board. Given Dick’s past propensities, I wouldn’t take any of that as gospel, but it is what he reported.

UPDATE: My bad, I had the wrong Republican candidate for Treasurer.

On reporting election night results faster

Not sure about this.

Ahead of next week’s primary runoff elections, Harris County officials are recruiting county staffers to help speed up the results by picking up ballots at polling locations and driving them to the county’s central count location. Harris County was the last of the state’s largest counties to finish counting ballots in an election held earlier this month, even with assistance from law enforcement officers who took on delivery duties.

In the past, the responsibility of delivering the ballots has fallen to election judges, the final task at the end of their 15-hour day. Starting with the May 7 election, law enforcement officers with the Harris County Constables offices and the Harris County Sheriff’s Office picked up the ballots and made the delivery instead. The change didn’t do much to cut down on reporting time. While Dallas County and Tarrant County sent complete results to the state shortly after midnight, Harris County’s results came in around 9:37 a.m. Sunday, according to the Texas Secretary of State’s office.

This week, Harris County officials plan to train and deputize full-time county staffers from various departments to take on those delivery duties, as well. An email sent to county staffers on Tuesday from Harris County Administrator Dave Berry and Harris County Elections Administrator Isabel Longoria requested volunteers to help expedite the process.

“What’s required? Drive to a single polling location and pick up two sets of voting equipment, from both the Democratic and Republican sides, for the May 24th Primary Runoff Election. Return the equipment to NRG and be greeted with snacks, water, and a big THANK YOU for your service,” officials wrote in the email.

Each participating law enforcement officer or county employee will be assigned on average two polling locations, which will cut down by half the total number of cars lined up at central count at the end of the night, according to a spokesperson with the Election Administrator’s office.

While all Texas counties must comply with the state election code regulations — which were modified significantly when Senate Bill 1 went into effect last year — the Election Day ballot counting process varies considerably depending on the county.

At a May 11 hearing with the House Elections Committee, Tarrant County Elections Administrator Heider Garcia told lawmakers his county speeds up results by using multiple dropoff spots on Election Night, instead of one central count location.

“Because we are a large county, we use regional dropoff locations for the poll workers to deliver the materials to us. If we had 350 poll workers queued up outside our office, election night would become election week,” Garcia said.

Rep. Mike Schofield, a Harris County Republican, told Longoria and committee members he was alarmed by Harris County’s plans to deputize county staffers to make deliveries.

“I would be very, very troubled to find out in November that we were just deputizing whoever the elections office thought it wanted to deputize to go touch my election results and bring them to the central counting station,” he said. “So let’s make sure that we know what the law is and that we’re following it because that’s not kosher. Or at least doesn’t seem kosher.”

According to the story, Keith Ingram of the SOS office said he disagreed with Harris County’s interpretation of the law in question. He’s not a lawyer and that’s not an official pronouncement, but that sounds to me like it’s maybe not the best plan to pursue, as there could be unwanted consequences from it. I will say, it’s not clear to me why this would be illegal. I can’t think of any reason why trained county staff would be any less reliable or trustworthy than election judges, who had to be trained by the same election office people to do the same thing. Maybe this is just a quirk of the law if in fact it is not in compliance with it, maybe there was some nutball conspiracy theory reason for county election workers to be not on the sanctioned list of vote-equipment-deliverers, or maybe there’s a legitimate reason that I’m not aware of. All I can say is that at first glance it’s not clear to me why it should be off limits.

That said, rather than risk a confrontation over this, maybe the multiple dropoff points plan is better, as that seems to be how other counties do it. I will confess total ignorance here about why that might not work for Harris County. Maybe it’s just not a thing we’ve done before and so we don’t have a workable plan in place. I’d say one of the first questions we should be asking the next Election Administrator is what they think about this.

There’s also this:

The Harris County GOP is urging Republican election judges to break with Harris County’s election night plan for next week’s primary runoff, arguing the county’s ballot delivery protocol violates the law. Earlier this week, Harris County officials sent an email to county staffers asking for volunteer drivers to help expedite the ballot counting process for the upcoming primary runoff. With hundreds of polling locations spread out over 1,700 square miles, the state’s most populous county has a history of delayed election returns.

In hopes of speeding up election results, the Harris County Elections Administrator’s office also used this plan earlier this month in the May 7 election — deputizing law enforcement officials and full-time county staffers to deliver ballots from the polling location to the county’s sole central counting station. However, the Harris County GOP is pushing back on that plan and instructing Republican election judges to drive ballots to central count themselves.

While the Harris County GOP is opposing the county’s ballot delivery plan, in an email to the Chronicle, party chair Cindy Siegel outlined strategies they would support in order to speed up election results. Those included better tracking of equipment and improved training for staffers receiving ballots.

Their key recommendation: “Include multiple drop off locations around the county with livestream video of the drop off process.”

At the May 11 hearing, Tarrant County Elections Administrator Heider Garcia told lawmakers that’s the system they use to speed up results.

“Because we are a large county, we use regional drop-off locations for the poll workers to deliver the materials to us. If we had 350 poll workers queued up outside our office, election night would become election week,” Garcia said.

Under the tenure of former Republican County Clerk Stan Stanart, Harris County used four drop-off locations to count ballots. Stanart reassured voters the system of transmitting ballot counts was secure.

When the county clerk’s office flipped to Democratic control in 2018, the new County Clerk Diane Trautman intended to use multiple locations, as well, but scrapped the plan after the Texas Secretary of State’s office said the county would violate state law prohibiting the transmission of election results via the internet. Trautman told Commissioners Court in November 2019 she believed her system to relay results was legal, but rather than risk a lawsuit, Harris County would begin to count votes at a single location.

In this year’s primary election on March 1, Harris County used four drop-off locations to shorten the drive time for election judges, according to the Elections Administrator’s office spokesperson Leah Shah. She said they’ve returned to one drop-off location while trying to implement a program to reduce the need for multiple locations.

In response to the Harris County GOP urging judges to transport ballots themselves, Shah said the Elections Administrator’s office has sent out an email to GOP election judges notifying them that they can “opt in” to the county’s plan if they don’t want to drive the ballots themselves. Thirty-one GOP judges have opted in so far, according to Shah.

Someone is going to need to explain to me what Tarrant County is doing differently than what Harris County would have done under Diane Trautman’s plan. Having multiple dropoff locations makes sense to me, so let’s figure out what needs to happen from there and go forward with it. Make that a top priority for the next elections administrator. And again, election night reporting for the earlier May election was fine. If we have a similar experience on Tuesday night, that too will be fine.

Chris Hollins to run for Mayor

Wow.

Chris Hollins

Chris Hollins, the former Harris County elections chief who pushed measures aimed at expanding ballot access during the November 2020 election, announced Monday that he’s running for Houston mayor in 2023.

“The challenges that we’re facing as Houstonians are becoming more and more complex,” Hollins, 35, said in an interview with The Texas Tribune. “And to overcome those challenges, that job demands innovation, that job demands effective leadership. And so we need a mayor who has a vision for Houston, but who also has the skills and attributes necessary to achieve that vision.”

Hollins, a Texas Democratic Party official who temporarily served as Harris County clerk in 2020, rose to prominence two years ago by championing efforts intended to make it easier for people to vote during the pandemic, including 24-hour drive-thru voting and a bid to send applications for mail-in ballots to more than 2 million registered voters in Harris County.

Those efforts drew a legal battle and a decisive rebuke from state Republican lawmakers, who passed a sweeping voting restrictions bill last year that outlawed the measures Hollins put in place.

Now, Hollins is looking to use his brief seven-month tenure as county clerk to catapult him into the mayor’s office — where he would oversee a $5.1 billion budget and 23,000 municipal employees. He’s running to replace Mayor Sylvester Turner, who will step down next year after serving two four-year terms; the city has term limits that prevent him from running again.

Hollins is the second major candidate to announce for mayor, following state Sen. John Whitmire, a longtime Houston Democrat with deep ties to the city’s police and fire unions and an $11 million war chest.

Well, the 2023 Mayor’s race just got a lot more exciting. I interviewed Hollins after the 2020 election and asked him (among other things) about the Republican reaction to his innovations, which they very much did follow through on. I imagine all of that will come up again, so get ready for it. There are other potential candidates out there, and given the early announcements by these two potentially quite formidable contenders, we may either get more of the same in the coming weeks, as no one will want to fall behind in the fundraising race, or we may find that the well of hopefuls has dried up a bit.

I don’t normally like to get ahead of one election with another, but to some extent that can’t be helped. Whatever my personal preferences are, we’re going to be hearing a lot about this race going forward. It’s a pretty sharp move on Hollins’ part because it sort of puts Sen. Whitmire, who has pledged to give his full attention to his 2022 race and the 2023 legislative session before he begins campaigning in earnest for Mayor, in a box. Whitmire probably doesn’t want to ignore Hollins, but at least over the next few weeks he can’t do all that much either or he’ll provide evidence for one of the main criticisms that Molly Cook, his primary opponent, has made against him. Even beyond that, he’s made his pledge about his order of operations and his priorities. That’s harder for him to do now.

We’ll see how it goes. By the same token, Hollins likely doesn’t want to divert too much attention from the very important 2022 election, so perhaps this is a smaller problem for Whitmire than it may appear. Whatever the case, as I said above, this race is a lot more interesting now. The Chron has more.

January 2022 campaign finance reports: Harris County

You know what January means around these parts. There’s lots of action in Harris County, so that’s where we’ll begin. Here’s my summary of the July 2021 reports as a reminder. Let’s dive in.

Lina Hidalgo, County Judge
Ahmed Hassan, County Judge
Georgia Provost, County Judge
Erica Davis, County Judge
Kevin Howard, County Judge
Maria Garcia, County Judge

Martina Lemon Dixon, County Judge
Robert Dorris, County Judge
Randall Kubosh, County Judge
Naoufal Houjami, County Judge
Hector Bolanos, County Judge
Oscar Gonzales, County Judge
Alexandra Mealer, County Judge
Vidal Martinez, County Judge
Warren Howell, County Judge
George Zoes, County Judge

Rodney Ellis, County Commissioner, Precinct 1

Adrian Garcia, County Commissioner, Precinct 2
George Risner, County Commissioner, Precinct 2
Gary Harrison, County Commissioner, Precinct 2
John Manlove, County Commissioner, Precinct 2
Jerry Mouton, County Commissioner, Precinct 2
Jack Morman, County Commissioner, Precinct 2
Daniel Jason, County Commissioner, Precinct 2
Richard Vega, County Commissioner, Precinct 2

Tom Ramsey, County Commissioner, Precinct 3

Jack Cagle (SPAC), County Commissioner, Precinct 4
Ben Chou, County Commissioner, Precinct 4
Ann Williams, County Commissioner, Precinct 4
Clarence Miller, County Commissioner, Precinct 4
Lesley Briones, County Commissioner, Precinct 4
Gina Calanni, County Commissioner, Precinct 4
Jeff Stauber, County Commissioner, Precinct 4

Teneshia Hudspeth, County Clerk
Stan Stanart, County Clerk

Marilyn Burgess, District Clerk
Desiree Broadnax, District Clerk
Chris Daniel (SPAC), District Clerk

Dylan Osborne, County Treasurer
Carla Wyatt, County Treasurer
Kyle Scott, County Treasurer
Eric Dick, County Treasurer
Stephen Kusner, County Treasurer


Name             Raised      Spent    Loans    On Hand
======================================================
Hidalgo         900,323    424,448    1,400  1,488,652
Hassan              200      2,461        0          0
Davis            50,114     10,143   21,852     59,970
Howard
Provost
Garcia, M

Lemond Dixon    196,977    109,175        0     90,294
Dorris                0         68        0         68
Kubosh           15,075      9,051   60,000      7,165
Houjami           1,390        592        0        147
Bolanos               0          0        0          0
Gonzales          2,475      3,432      500          0
Mealer           60,049     15,464        0     15,840
Martinez        514,585     86,782  100,000    516,134
Howell            1,450      7,075        0        375
Zoes

Ellis           264,000    181,904        0  4,192,308

Garcia, A       587,885    364,783        0  2,119,825
Risner            3,250      1,899        0     51,550
Harrison              5      2,191        0          0
Manlove          19,452      4,285        0     68,870
Mouton           29,100      2,916        0     26,283
Morman           45,749     66,119        0    165,834
Jason
Vega

Ramsey          236,900    185,263        0    581,035

Cagle           285,673    501,923        0  1,119,432
Chou             80,590      4,133        0     77,490
Williams          2,600      1,250    1,250      1,450
Miller            5,293     10,560        0     10,336
Briones         244,974     60,571        0    229,258
Calanni           5,540          0        0      5,540
Stauber               0      1,250        0          0

Hudspeth         26,464     10,395        0     19,376
Stanart               0      3,054        0      8,053
Burgess          24,169     26,475        0     17,222
Broadnax          9,649      9,538        0        110
Daniel           11,875      1,393   25,000     12,264
Osborne           2,440        622        0      2,202
Scott             7,900     20,489   14,000      1,410
Dick                  0      1,489        0          0
Kusner              

If you don’t see a linked report for someone, it’s because there wasn’t one I could find on the harrisvotes.com page. The information I have here is current as of last night. It’s possible someone could still file a report, these things do happen, but I wouldn’t expect much from anyone who hasn’t by now.

There are items of greater substance to discuss, but I can’t help myself: Naoufal Houjami was a candidate for Mayor in 2019 – if you don’t remember him, it’s probably because he got a total of 565 votes, for 0.2%, finishing last in the field. He has filed a finance report as a candidate for Harris County Judge, but he is not listed as a candidate for either primary, according to the Secretary of State’s Qualified Candidates page. (The Harris County GOP candidates page doesn’t have him, either.) The first two pictures I saw on his webpage were one with him and Greg Abbott, and one with him and Sheila Jackson Lee. Go figure. He is fully supporting his friend George P. Bush for Attorney General, so you make the call. This is way more than you ever needed to know about Naoufal Houjami.

Anyway. Barring an unlikely late and lucrative report from Georgia Provost, who wasn’t much of a fundraiser as a City Council candidate, incumbent Judge Lina Hidalgo outraised all of the other candidates for that position combined. Erica Davis claimed $70K raised on the summary page of her report but just $50K on the subtotals page – I suspect the $70K number was a typo. She had six total donors listed, two of whom gave $25K each, one who gave $196, and the others gave $19.12 apiece. Vidal Martinez was the other big fundraiser, though as John Coby notes, almost 70% of his donations came from 14 people who each ponied up at least $10K. For sure, it’s all green, but that’s not exactly grassroots support. As for Alexandra Mealer, I’d been wondering about her because I’ve seen multiple signs for her in my very Democratic neighborhood. Turns out she’s also my neighbor, now living in one of the historic houses. That explains a lot.

I included the two Commissioners who are not on the ballot just as a point of comparison. Adrian Garcia is obviously well-equipped for battle. George Risner presumably had a few bucks in his account from his time as a Justice of the Peace, but his candidacy for Commissioner does not seem to have drawn much support so far. Jack Morman also had some coin still in his bank and drew more support on his attempt to come back, but he’s nowhere close to Garcia. For Precinct 4, Jack Cagle raised a reasonable amount, though as you can see not an earth-shaking total, with Lesley Briones coming close to him. He has a tidy sum in his treasury, but it’s less than what he had in July thanks to how much he spent. Gina Calanni didn’t raise much – to be fair, there isn’t that much time between the filing deadline and the finance reporting deadline – but her report showed $40K in pledges, which are noted as transfers from her State House campaign account.

None of the other offices tend to raise much. Chris Daniel has a personal report as well as the SPAC report. The non-SPAC account reported no money raised and $1,151 in expenditures.

Finally, someone named Stephen Kusner filed a finance report for Treasurer in July but is not on either ballot and has no report for January. I’m just making a note of that here in case anyone who looked at my July summary is wondering what happened to him.

I’ll take a look at some state reports next, and Congressional reports later. Let me know if you have any questions.

The filings I’m still looking for

Today is Filing Deadline Day. By the end of today, we’ll know who is and isn’t running for what. While we wait for that, let’s review the filings that have not yet happened, to see what mysteries may remain.

Congress: Most of the potentially competitive districts have Democratic candidates in them. The ones that remain are CDs 22, 26, 31, and 38, though I have been told there is a candidate lined up for that latter slot. Of the rest, CD22 would be the biggest miss if no one files. I have to think someone will, but we’ll know soon enough.

For open seats, CD15 has five candidates so far, none of whom are familiar to me. CD30 has six candidates, with State Rep. Jasmine Crockett receiving the endorsement of outgoing Rep. Eddie Bernice Johnson. CD34 has six, with current CD15 Rep. Vicente Gonzalez the presumed favorite. CD35 has three serious contenders – Austin City Council member Greg Casar, former San Antonio City Council Member Rebecca Viagran, and State Rep. Eddie Rodrigues – and one person you’ve not heard of. CD37 has Rep. Lloyd Doggett and former CD31 candidate Donna Imam, in addition to a couple of low-profile hopefuls, but it will not have former CD25 candidate Julie Oliver, who has said she will not run.

Democratic incumbents who have primary challengers include Rep. Lizzie Fletcher in CD07 (I’m still waiting to see if Centrell Reed makes some kind of announcement); Rep. Veronica Escobar in CD16 (I don’t get the sense her challenger is a serious one); and Rep. Henry Cuellar in CD28, who gets a rematch with Jessica Cisneros, who came close to beating him last year. The Svitek spreadsheet lists some dude as a potential challenger in CD18 against Rep. Sheila Jackson Lee, but so far no filing. Reps. Al Green, Joaquin Castro, Sylvia Garcia, Colin Allred, and Marc Veasey do not appear to have any challengers as of this morning.

Statewide: Pretty much everyone who has said they are a candidate has filed. Frequent candidate Michael Cooper and someone named Innocencio Barrientez have filed for Governor, making it a four-candidate field. Two Harris County district court judges, Julia Maldonado and Robert Johnson, have filed for slots on the Supreme Court and CCA, respectively. The Svitek spreadsheet lists potential but not yet filed contenders for two other Supreme Court positions but has no listings for CCA. The one potential candidate who has not yet taken action is Carla Brailey, who may or may not file for Lt. Governor.

SBOE: As this is a post-redistricting year, all SBOE seats are on the ballot, as are all State Senate seats. Dems have four reasonable challenge opportunities: Michelle Palmer is running again in SBOE6, Jonathan Cocks switched from the Land Commissioner race to file in SBOE8, Alex Cornwallis is in SBOE12, and then there’s whatever is happening in SBOE11. The good news is that DC Caldwell has company in the primary, if he is actually allowed to run in it, as Luis Sifuentes is also running. I would advise voting for Sifuentes.

There are two open Democratic seats, plus one that I’m not sure about. Ruben Cortez in SBOE2 and Lawrence Allen in SBOE4 are running for HDs 37 and 26, respectively. There are two candidates in 2 and three candidates in 4, so far. Georgina Perez is the incumbent in SBOE1 but as yet has not filed. If she has announced that she’s not running, I have not seen it. There is a candidate named Melissa Ortega in the race.

In SBOE5, the district that was flipped by Rebecca Bell-Metereau in 2020 and was subsequently made more Democratic in redistricting, we have the one primary challenge to an incumbent so far, as a candidate named Juan Juarez has filed against Bell-Metereau. I’m old enough to remember Marisa Perez coming out of nowhere to oust Michael Soto in 2012, so anything can happen here. The aforementioned Perez (now Marisa Perez-Diaz) and Aicha Davis are unopposed so far.

Senate: Nothing much here that you don’t already know. Every incumbent except Eddie Lucio has filed for re-election, and none of them have primary opponents so far. Lucio’s SD27 has the three challengers we knew about, Sara Stapleton-Barrera, State Rep. Alex Dominguez, and Morgan LaMantia. A candidate named Misty Bishop had filed for SD07, was rejected, and has since re-filed for SD04; I’m going to guess that residency issues were at play. There are Dem challengers in SD09 (Gwenn Burud, who has run for this office before) and SD17 (Miguel Gonzalez), but no one yet for SDs 07 or 08.

House: Here’s the list of potentially competitive districts, for some value of the word “competitive”. Now here’s a list of districts on that list that do not yet have a filed candidate:

HD14
HD25
HD28
HD29
HD55
HD57
HD61
HD66
HD67
HD84
HD89
HD96
HD106
HD126
HD129
HD133
HD150

I’m told there’s someone lined up for HD133. We’ll see about the rest.

All of the open seats have at least one candidate in them so far except for HD22, the seat now held by Joe Deshotel. There’s a name listed on the Svitek spreadsheet, so I assume that will be sorted by the end of the day.

Reps. Ron Reynolds (HD27), Ana-Maria Ramos (HD102), and Carl Sherman (HD109) are incumbents who have not yet filed. No one else has filed yet in those districts as well. Svitek has a note saying that Rep. Ramos has confirmed she will file; there are no notes for the other two. There is the possibility of a last-minute retirement, with a possibly preferred successor coming in at the same time.

Here is a complete list of Democratic House incumbents who face a primary challenge: Rep. Richard Raymond (HD42) and Rep. Alma Allen (HD131). Both have faced and turned away such opponents in the past. If there was supposed to be a wave of primary opponents to incumbents who came back early from Washington, they have not shown up yet.

Rep. James Talarico has moved from HD52 to the open HD50 after HD52 was made into a lean-Republican district. Rep. Claudia Ordaz-Perez, the incumbent in HD76, will run in HD79 against Rep. Art Fierro after HD76 was relocated from El Paso to Fort Bend.

Harris County: Again, nothing new here. Erica Davis has not yet filed for County Judge. County Clerk Teneshia Hudpseth is the only non-judicial incumbent without a primary opponent so far.

Far as I can tell, all of the county judicial slots have at least one filing in them, except for a couple of Justice of the Peace positions. George Risner, the JP in Precinct 2, Place 2 (all JP Place 2 slots are on the ballot this year) has not yet filed, amid rumors that he is mulling a challenge to Commissioner Adrian Garcia. Incumbent Angela Rodriguez in JP precinct 6 has not yet filed. No Dem challengers yet in precincts 4 or 8.

Other judicial races: Sorry, I don’t have the bandwidth for this right now. I’ll review it after today.

And that’s all I’ve got. See you on the other side. As always, leave your hot gossip in the comments.

July 2021 campaign finance reports: Harris County

PREVIOUSLY: Congress

There will be plenty of crucial races in Harris County in 2022. Because of the Democratic sweep in 2018, all of the countywide offices are held by Dems, meaning this is the first non-Presidential year in which Democrats will be running for re-election. That also includes two of the three Democratic members of Commissioners Court, which obviously has played a huge role in Harris County politics these past two-plus years.

It’s early in the cycle, but that doesn’t mean that no one has an announced opponent. There are a few names out there that I hadn’t heard before I went looking. That’s another reason why these July-the-year-before rituals are worth doing – you never know what you’ll find. With that, let’s get started.

Lina Hidalgo, County Judge

Adrian Garcia, County Commissioner, Precinct 2
John Manlove, County Commissioner, Precinct 2
Jack Cagle (SPAC), County Commissioner, Precinct 4
Clarence Miller, County Commissioner, Precinct 4

Teneshia Hudspeth, County Clerk

Marilyn Burgess, District Clerk
Desiree Broadnax, District Clerk

Dylan Osborne, County Treasurer
Stephen Kusner, County Treasurer


Name             Raised      Spent    Loans    On Hand
======================================================
Hidalgo         660,776    102,858    1,400  1,023,311

Garcia          948,820    102,120        0  1,735,396
Manlove          53,750         46   10,000     53,703
Cagle           990,021    164,080        0  1,291,557
Miller           10,243      2,093        0      8,013

Hudspeth          1,066      5,597    1,000      6,162
Burgess           3,068      7,207        0      8,207
Broadnax            325         75        0        249
Osborne               0        174        0        505
Kusner              100          0        0        100

Probably a few names on there that you don’t recognize as well. Let’s take it from the top.

The big question surrounding County Judge Lina Hidalgo, now that she has officially announced her re-election bid, is whether she would draw a primary challenger. As we’ve discussed before, there are many reasons why someone might challenge Judge Hidalgo in the primary, none of which are directly related to the job she has done. One thing that may scare off potential rivals is a show of force in the fundraising department, which I’d say we have here. Hidalgo was not a big fundraiser in 2018, which is no surprise given she was running against a well-established incumbent and was a first-time candidate that was widely underestimated. She has stepped things up in the last year – as of July 2020, she had $371K on hand, after having raised $173K in that filing period. She wasn’t on the ballot, and surely didn’t want to compete with Dems who were, but still. She’s showing she can raise money with anyone, and she would start out in a primary with a big cash advantage. Maybe that scares off competitors and maybe it doesn’t, but it definitely sends a message.

I should note that if you search for campaign finance reports on the HarrisVotes website, and you sort by Office, you will see that there is another person listed for County Judge, Juanita Jackson. My first thought was that she is challenging Hidalgo next year, but I needed to double check that, because we have seen people whose intended office is actually one of the County Court benches be listed like this before. Indeed, it appears that Jackson is really running for Harris County Criminal Court #10 – the picture there matches the one on her Facebook page, and it appears she may have run for a similar position in 2010. I feel pretty confident she is not challenging Judge Hidalgo but the incumbent judge on that bench, Lee Harper Wilson.

Both of Hidalgo’s colleagues on Commissioners Court who are up in 2022 do appear to have opponents, though both are November challengers. Running against Commissioner Adrian Garcia in Precinct 2 is John Manlove, a former Mayor of Pasadena and a two-time Congressional candidate. He previously ran for CD22 in 2008 – he finished third, behind Shelley Sekula Gibbs and eventual winner Pete Olson – and for CD36 in 2014, following Steve Stockman’s switch to the Senate race – he finished third again, though this time much farther out of the money. Of his modest total, all but one donation was for at least $1,000, so this is not what you might call a grassroots movement. His report lists a $10,000 contribution to himself, and also a $10K loan – it’s on the Subtotals page, not the topline summary. I don’t know if the is an error is in how he filled out the form or if he double-counted that $10K. Not that big a deal, and he may file a corrected report, we’ll see. Garcia’s total speaks for itself and it’s what you’d expect from someone in his position.

The same can be said for Jack Cagle, who has been a Commissioner for longer than Garcia but who is (for now, at least) in a less competitive district. Remember, Commissioners Court will be redistricted as well, and we have no idea yet what that map will look like. Clarence Miller has been running for this position for awhile – I know I have spoken to him, maybe in early 2020, it must have been in person because I can’t find a written message. He doesn’t have a lot of cash to show for it yet, but he’s there and he’ll have an easier time of things when in person events begin happening with frequency again.

Teneshia Hudspeth was on the ballot in 2020 to complete the unexpired term of office that had been vacated when Diane Trautman resigned. She is now running for a full term and has no opponents as yet. Generally speaking, County Clerk is not a big fundraising office, so her totals here are perfectly normal.

The other two incumbents, both in their first terms, appear to have opponents. Desiree Broadnax looks like a primary opponent for District Clerk Marilyn Burgess, and according to her personal Facebook page, she works at the Harris County District Attorney’s office. I didn’t find anything for “Stephen Kusner” at first, until I made the obvious decision to look for Steve Kusner, and there I found the announcement of his candidacy. While I infer that Desiree Broadnax is a Democrat, it’s quite obvious that Steve Kusner will be running as a Republican. As with County Clerk, neither of these races draws much in the way of campaign contributions. Everyone will rise or fall more or less on the topline partisan vote in the county.

Finally, while I didn’t include them in the table above, there are two other reports of interest. As you know, I’ve been checking in on the finances of the late El Franco Lee, since there was over $3 million in his account at the time of his death. While there was a report in 2019 that “all campaign funds have been allocated for the El Franco Lee campaign account in accordance with the guidelines from the Texas Ethics Commission”, there still remains $900K in his account, with expenditures of just $1,000 over the past six months. The deadline for disposing of the rest of that is 2022.

The other report belongs to the now-retired Steve Radack, who remains with $1.1 million on hand. As with Lee, he can give it to other candidates or campaigns, the state or county Republican Party, the state treasury, a tax-exempt charity, a school or university for a scholarship program or as a refund to donors who gave in the final two years the candidate accepted contributions. He has a deadline of 2026 to do something with the funds.

So that’s what’s going on at the county level. I’ll take a look at the city of Houston – yes, I know, there are no municipal elections, but they can fundraise now and I like to check in – and HISD/HCC next. Let me know what you think.

SOS Hughs resigns

In retrospect, I should have seen this coming.

Ruth Hughs

Texas Secretary of State Ruth Ruggero Hughs announced Friday she will step down from her post as the state’s top elections official, less than two years into her term.

The decision comes after Republicans in the Senate failed to take up her nomination, which was required for her to remain in the role past this legislative session. Hughs oversaw the presidential election last year, in which Harris County officials implemented several alternative voting measures, including 24-hour voting and voting by drive-thru.

Republicans have vilified the county’s efforts as part of their ongoing effort to discredit the election results, and have put forth legislation this session to crack down on what they see as opportunities for fraud at the ballot box. Democrats and voting rights advocates have called the effort voter suppression.

Hughs is the second Texas Secretary of State in a row to leave after the Senate did not confirm an appointee of Gov. Greg Abbott.

[…]

The departure, effective at the end of this month, leaves a hole for the Republican governor to fill as he faces reelection to a third term late next year. Under state law, legislators won’t vet Abbott’s next choice until they reconvene again in 2023.

SOS Hughs’ statement about her resignation is here. She was in many ways the opposite of the incompetent partisan hack David Whitley, who resigned almot exactly two years ago following his botched voter registration purge attempt.

It was easy to forget about Hughs because she didn’t make a lot of news. What did her in was that her office approved the various election innovations that Harris County (and others) put forth last year in response to COVID. For all of the caterwauling and litigation over drop boxes and drive-through voting and overnight hours and sending absentee ballot applications to voters who hadn’t specifically requested them, there was nothing in existing law that said those things were illegal. We all know what happened next, and so here we are.

The later version of the Chron story makes this more clear.

While Republicans have not publicly expressed any lack of faith in Hughs, Democrats point to her office’s assertion that Texas had a “smooth and secure” election in 2020.

“Apparently, that wasn’t what leadership wanted to hear,” said Rep. Donna Howard, D-Austin, in a tweet on Saturday.

The “smooth and secure” line became a highlight of the Democrats’ fight against a slew of Republican voting restrictions in the ongoing legislative session.

The Republican-led Senate is backing voting restrictions, saying they are needed to prevent fraud at the polls, despite no evidence of widespread cheating.

In pushing against the legislation, Democrats pointed to testimony from one of Hughs’ top deputies, Keith Ingram, director of elections.

“In spite of all the circumstances, Texas had an election that was smooth and secure,” Ingram told lawmakers in March, referring to the effect of the pandemic. “Texans can be justifiably proud of the hard work and creativity shown by local county elections officials.”

[…]

Chris Hollins, the former Harris County Clerk, said it was clear to him that Hughs’ office was under “intense partisan pressure” in 2020. Hollins said the county generally worked well with the secretary of state’s office in the 2020 elections until legal battles began over the county’s voting expansions. That’s when communication between the two offices abruptly ended, he said.

“They were supportive of us until, it seemed like, somebody of power put in a call to the governor’s office and told them not to be supportive of us,” said Hollins, now a vice chair for finance with the Democratic Party.

Across the country, “secretaries of state and election administrators have stood up and said ‘no, this was a free and fair and secure election,’ but that fact flies in the face of this entire lie that they’re trying to build, so folks who stand behind those facts have to go,” Hollins said.

“On the ultimate question of was this a safe and secure election, they said yes,” he said. “Right now the Republican Party line is no. So if you don’t bend to that, if you don’t bend to this ‘Big Lie,’ you are ousted.”

I had been wondering if Hughs had come under pressure last year to reject what Harris County (and again, other counties as well) was doing or if this is all an after-the-fact reaction to her office’s actions. Seems likely it’s the former, but maybe once she’s free of her constraints she’ll let someone know. I hope a reporter or two tries to chase that down regardless. Whatever the case, it doesn’t speak well for the state of our state’s democracy. In theory, if the massive voter suppression bill passes, a lot of this might not matter because so many of these previously un-quantified actions have now been explicitly outlawed, which leaves a lot less room for counties to get clever and SOSes to give them that latitude. But there are always new frontiers to explore, and I expect the big urban counties are not going to go quietly. The next SOS will have an opportunity to put a thumb on the scale – and that’s before we consider future voter roll “cleanup” efforts – and I would expect the next Abbott appointee to be fully versed on that. Get ready to have these fights all over again, this time with more resistance. The Trib has more.

A bit of business pushback against voter suppression

It’s a start, but much more is needed.

A group of 72 Black business leaders are calling on companies to publicly oppose a series of bills being advanced by Republicans in at least 43 states that could dramatically curb access to the ballot box.

The New York Times reported on Wednesday that Black corporate executives are rallying around a letter that pushes back on a Georgia law that voting rights advocates have said will make it harder for Black people to vote.

“There is no middle ground here,” Kenneth Chenault, a former chief executive of American Express and one of the letter’s organizers told the Times. “You either are for more people voting, or you want to suppress the vote.”

The letter — which urges corporate America to publicly oppose new laws that would restrict the rights of voters — comes after major Atlanta-based corporations, including Coca-Cola and Home Depot, failed to formally condemn the bills restricting voting rights.

The letter’s powerhouse group of signers include Roger Ferguson Jr., CEO of TIAA; Mellody Hobson and John Rogers Jr., the co-chief executives of Ariel Investments; Robert Smith, CEO of Vista Equity Partners; and Raymond McGuire, a former Citigroup executive who is running for New York City Mayor.

Also among the letter’s long list of supporters were Richard Parsons, a former chairman of Citigroup and chief executive of Time Warner, and Tony West, the chief legal officer at Uber.

[…]

While voting rights and advocacy groups, including the ACLU and NAACP, have filed a series of lawsuits against the bill in the wake of its passage, a majority of corporations have remained largely mum on the legislation.

Delta Air Lines CEO came forward and issued a memo on Wednesday calling the final bill “unacceptable,” suggesting that it hinged on the premise of former President Donald Trump’s false claims about a stolen election.

The group of executives stopped short of calling out specific companies for their inaction, but are asking big corporations to dedicate resources to  fighting voting rights restrictions.

The executives are hoping that big companies will help short circuit dozens of similar bills in other states from being signed into law.

Like Texas, for example. Former Harris County Clerk Chris Hollins has sounded the alarm and called for the business community to get involved as well. I unfortunately think it’s already too late – remember, when there was a lot of business resistance to the bathroom bill in 2017 (which the likes of Dan Patrick viewed with contempt), it was underway well before the session began. We’re already pretty far into the process, and there hasn’t been a peep in Texas as yet, other than some progressive groups taking out ads urging businesses to get involved, which is still a couple of steps away from meaningful action. Things are starting to move in Georgia, but of course that’s after their heinous bill has been signed into law. Sometimes it just takes that much longer for the forces that oppose evil to get its act together. It’s still worth the effort, but time is fast running out.

The Republican attack on Harris County voting

It’s straight up retaliation for Harris County getting positive national attention for going out of its way to make it easier to vote in 2020.

Harris County made a big push to expand mail-in and early voting during the 2020 election, offering options never before seen in Texas such as 24-hour polling places and drive-thru voting.

Republicans in the Legislature are now moving to make sure it never happens again, targeting the county with sweeping voting restrictions they hope to enact ahead of the 2022 midterm elections that they say are necessary to prevent voter fraud.

A priority Senate bill filed this week would prohibit local election officials from sending out mail ballot applications to voters who have not requested them, another step Harris County pioneered during the 2020 election. The bill would also ban certain early voting opportunities, including drive-thru voting and early voting before 7 a.m. and after 7 p.m.

The goal of Senate Bill 7 is “to make sure that the election process is fair and, equally important, to make sure that Texans know it’s fair,” said bill author Sen. Bryan Hughes, R-Mineola. “As people lose faith in the process, as people don’t think their vote is going to be counted accurately or doubt whether the process is secure, they’re going to be discouraged, they’re going to be less likely to vote.”

Harris County Judge Lina Hidalgo said the voting methods targeted by Senate Republicans in the bill resulted in higher turnout among voters of both parties in the county, adding that it saddens her to see any proposals to limit voting and make access to the ballot box a partisan issue.

“The proposed voting restrictions in SB7 are political theater that sadly harms voters of both parties,” Hidalgo said. “Policies grounded in the Big Lie — the falsehood that mass voter fraud exists — are wrong and only harm our democracy.”

Former County Clerk Chris Hollins, who enacted all the get-out-the-vote measures in 2020, said the bill was “certainly targeted at Harris County in particular.” He noted that over 100,000 voters used drive-thru voting last year and 10,000 took advantage of extended polling hours, and not all were Democrats.

Republicans are “trying to make sure that those people do not cast votes in the future,” Hollins said. While election administrators “come up with innovative ways to better serve voters … Republicans are doing everything that they can to disenfranchise voters.”

See here for the previous post on this topic. Look, we all know the arguments for these new restrictions are bullshit. Republicans scream about “voter fraud” and “election integrity” because it’s what they do. It doesn’t matter that people who voted Republican also took advantage of these opportunities, the point is that they originated in a Democratic county by Democratic officials and on balance they benefited Democratic voters more because there were more Democratic voters to begin with.

You can sign up to testify against these bills, and if you are someone who used drive through voting or overnight voting or know someone who did I’d encourage you or them to testify. It won’t change anything, but you can at least make the Republicans who want to make it harder for you to hear your story. The one thing we can do is win enough elections in 2022 and beyond to begin to remove these needless burdens on voting. (Remember, “Making It Easier To Vote” is one of my 2022 campaign planks.) The federal legislation that has passed the House and awaits action in the Senate if enough Democratic Senators decide that keeping the filibuster as is does not and should not give Republicans a total veto over their agenda would help, as it would require laws like these to go through preclearance, where they would surely fail. Republicans are making it harder for you to vote because they can. Until they lose that power, they will continue to exercise it.

Republicans want to ban voting at night

Give me a break.

Chris Hollins

Texas Republicans have made it clear that voter suppression is a legislative priority, and one of their biggest targets involves Harris County.

State Rep. Jared Patterson filed a bill last week that would restrict voting hours at early voting locations to between 6 a.m. to 9 p.m. On Twitter, Patterson argued that his bill was filed in response to early voting that occurred in Harris County.

“I filed HB 2293 because of irregularities in Harris County polling hours of operation and the opportunity for voter fraud when no one is looking,” wrote Patterson.

Though many Texas Republicans have claimed the 2020 election was rampant with voter fraud, Texas Attorney General Ken Paxton has produced only 16 cases, which all involved incorrect addresses.

In 2020, Harris County utilized a number of innovations to safely increase voter turnout in the midst of the COVID-19 pandemic. Eight voting locations throughout the city held early voting until 10 p.m. and one day of 24-hour voting. The locations were strategically placed in neighborhoods that were most likely to benefit workers with non-traditional hours.

According to the Houston Chronicle, over 10,000 Harris County residents voted overnight from October 29 to October 30. The former county clerk for Harris County, Chris Hollins noted on Twitter that HB 2293 would impact “first responders, medical professionals, and shift workers.”

Of course, the overnight early voting locations were from the same early voting locations that had operated during the day. Indeed, the ones that had nighttime hours just stayed open past the usual closing times. The allegations of “irregularities” and “fraud” are just shibboleths, meant to demonstrate continued fealty to Donald Trump and the Big Lie of the 2020 election. The purpose of this bill is simply to make voting less accessible. The least they could do is to be honest about that.

This is hardly the only bill to restrict voting – John Coby has rounded up a bunch more, and of course there’s a crap-ton of voter suppression bills in statehouses around the country, with states that President Biden flipped like Arizona and Georgia on the forefront. Democrats can stave off some of this if they can overcome the ridiculous obstacles in the Senate (which include a couple of their own Senators) and pass the two voting expansion bills the House has approved. These bills cover a heck of a lot, and if you want to look at it in a particular way, they’re targeting Texas with these two bills.

“It would be a huge, huge deal for Texas voters,” said Grace Chimene, president of the League of Women Voters of Texas, a group that supports the legislation. “It’s like having a new Voting Rights Act that would protect the rights of voters, make it fair and equal access to voting here in Texas.”

State lawmakers are now pushing a slew of new restrictions on voting, including bills that would make voting by mail more complicated and would scale back hours for polling places.

The federal legislation would stop those efforts, but its changes to how political boundaries are drawn may have some of the biggest effects on Texas, where Republicans control the Legislature and are expected to draw districts that benefit GOP candidates for the next 10 years as Texas becomes an increasingly competitive state. Texas lawmakers will also be drawing boundaries for two to three more seats in Congress.

The bill would take redistricting out of the hands of lawmakers and create independent panels to draw boundaries — something already in place in several states.

The bill also includes provisions to prevent the drawing of districts to break up communities of color, which could have a big impact on Texas’ increasingly diverse — and Democratic trending — suburbs, said Michael Li, an expert on redistricting who serves as senior counsel for the Brennan Center for Justice at New York University.

The legislation would create a legal framework to test districts for gerrymandering and would expedite the legal challenges that are almost certain to follow Texas’ new maps, as well.

“This is the pushback to all the efforts going on in states including Texas to rollback longstanding voter practices,” Li said.

From your lips to Joe Manchin’s ears, Michael. Still, there’s real work to be done here, which very much includes winning enough state offices to pass our own voting rights bills. We know how hard that’s going to be. On the plus side, passing the two federal bills might make Ken Paxton’s head explode, and that should make anyone want to support them.

Precinct analysis: County Clerk 2020 and 2018

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor

We weren’t supposed to have a County Clerk race on the ballot in 2020, but we did following the health-related resignation of Diane Trautman in May. That gave us a battle of Stan Stanart, former County Clerk whom Trautman had deposed in 2018, and Teneshia Hudspeth, former chief elections person under Stanart. Hudspeth won easily, and though her 835K total votes were on the lower end for Democratic countywide candidates, her 53.76% of the vote was pretty close to Trautman’s 54.60% from two years before. The 2018 election was a non-Presidential year, with record turnout for such a contest, and the 2018 Clerk race also featured a Libertarian candidate, so comparisons are a bit tricky. My advice is to look at Hudspeth’s percentages compared to Trautman’s. Here’s the 2020 race:


Dist  Stanart Hudspeth Stanart% Hudspeth%
=========================================
CD02  181,707  151,509   54.53%    45.47%
CD07  153,335  147,437   50.98%    49.02%
CD08   26,037   14,710   63.90%    36.10%
CD09   37,941  119,087   24.16%    75.84%
CD10  103,442   58,506   63.87%    36.13%
CD18   60,497  178,172   25.35%    74.65%
CD22   22,018   19,747   52.72%    47.28%
CD29   50,483   99,634   33.63%    66.37%
CD36   83,484   47,160   63.90%    36.10%
				
SBOE4 108,536  332,265   24.62%    75.38%
SBOE6 389,609  343,285   53.16%    46.84%
SBOE8 220,799  160,413   57.92%    42.08%
				
SD04   56,013   22,252   71.57%    28.43%
SD06   58,816  115,690   33.70%    66.30%
SD07  237,989  168,687   58.52%    41.48%
SD11   77,992   45,722   63.04%    36.96%
SD13   38,148  158,482   19.40%    80.60%
SD15  115,748  191,422   37.68%    62.32%
SD17  118,870  122,163   49.32%    50.68%
SD18   15,368   11,547   57.10%    42.90%
				
HD126  39,346   32,856   54.49%    45.51%
HD127  54,464   34,684   61.09%    38.91%
HD128  48,497   21,457   69.33%    30.67%
HD129  48,407   34,399   58.46%    41.54%
HD130  70,686   31,495   69.18%    30.82%
HD131  10,184   44,299   18.69%    81.31%
HD132  51,079   47,460   51.84%    48.16%
HD133  51,079   35,518   58.98%    41.02%
HD134  49,424   56,156   46.81%    53.19%
HD135  36,914   36,293   50.42%    49.58%
HD137  10,430   20,635   33.57%    66.43%
HD138  32,119   30,383   51.39%    48.61%
HD139  15,914   44,364   26.40%    73.60%
HD140   9,567   21,385   30.91%    69.09%
HD141   7,122   35,961   16.53%    83.47%
HD142  14,114   41,357   25.44%    74.56%
HD143  12,295   23,775   34.09%    65.91%
HD144  13,990   16,257   46.25%    53.75%
HD145  15,404   26,341   36.90%    63.10%
HD146  11,411   43,173   20.91%    79.09%
HD147  15,494   52,686   22.73%    77.27%
HD148  22,919   35,897   38.97%    61.03%
HD149  21,718   30,328   41.73%    58.27%
HD150  56,366   38,803   59.23%    40.77%
				
CC1    94,155  277,561   25.33%    74.67%
CC2   152,576  141,645   51.86%    48.14%
CC3   229,070  206,538   52.59%    47.41%
CC4   243,143  210,221   53.63%    46.37%
				
JP1    94,708  161,313   36.99%    63.01%
JP2    34,728   47,948   42.00%    58.00%
JP3    52,202   67,235   43.71%    56.29%
JP4   236,302  181,977   56.49%    43.51%
JP5   205,591  211,174   49.33%    50.67%
JP6     8,522   26,546   24.30%    75.70%
JP7    18,695   99,939   15.76%    84.24%
JP8    68,196   39,833   63.13%    36.87%

Nothing we haven’t seen before by this point. It’s possible Stanart did a little better than expected because of name recognition, but who can tell. The 2018 analysis was part of a package deal. Here’s the County Clerk’s race on its own:


Dist  Stanart Trautman  Gomez  Under Stanart%   Traut%  Gomez%
==============================================================
CD02  135,427  116,744  6,717  6,221   52.31%   45.09%   2.59%
CD07  116,383  116,488  5,648  6,706   48.79%   48.84%   2.37%
CD08   17,784   10,221    679    520   62.00%   35.63%   2.37%
CD09   23,329   93,625  2,504  2,376   19.53%   78.37%   2.10%
CD10   71,172   39,707  2,623  1,970   62.71%   34.98%   2.31%
CD18   39,159  138,311  4,892  4,087   21.47%   75.84%   2.68%
CD22   15,265   15,184    857    711   48.76%   48.50%   2.74%
CD29   30,313   82,449  3,916  2,627   25.98%   70.66%   3.36%
CD36   60,467   35,918  2,452  2,036   61.18%   36.34%   2.48%

SBOE6 287,300  269,837 14,477 15,045   50.26%   47.21%   2.53%

HD126  29,277   24,586  1,293  1,074   53.08%   44.58%   2.34%
HD127  41,017   25,198  1,634  1,260   60.45%   37.14%   2.41%
HD128  34,735   15,876  1,142    915   67.12%   30.68%   2.21%
HD129  35,567   26,799  1,739  1,582   55.48%   41.80%   2.71%
HD130  51,064   22,942  1,722  1,365   67.43%   30.30%   2.27%
HD131   6,110   34,855    864    717   14.61%   83.33%   2.07%
HD132  32,579   32,090  1,680  1,023   49.10%   48.37%   2.53%
HD133  40,721   28,089  1,552  2,192   57.87%   39.92%   2.21%
HD134  37,977   47,211  2,090  3,692   43.51%   54.09%   2.39%
HD135  26,584   27,712  1,379  1,033   47.75%   49.77%   2.48%
HD137   7,257   16,167    678    552   30.11%   67.08%   2.81%
HD138  23,336   23,515  1,257  1,100   48.51%   48.88%   2.61%
HD139  10,545   35,238  1,128    961   22.48%   75.12%   2.40%
HD140   5,269   17,569    722    490   22.36%   74.57%   3.06%
HD141   3,921   26,852    622    438   12.49%   85.53%   1.98%
HD142   8,579   30,125    850    662   21.69%   76.16%   2.15%
HD143   7,405   20,178    952    699   25.95%   70.71%   3.34%
HD144   8,949   13,629    786    450   38.30%   58.33%   3.36%
HD145   9,596   21,809  1,226    834   29.41%   66.84%   3.76%
HD146   8,082   34,044    931  1,065   18.77%   79.07%   2.16%
HD147  10,013   42,972  1,576  1,316   18.35%   78.76%   2.89%
HD148  15,587   29,671  1,907  1,695   33.05%   62.91%   4.04%
HD149  14,042   23,985    859    785   36.11%   61.68%   2.21%
HD150  41,087   27,535  1,699  1,354   58.43%   39.16%   2.42%

CC1    61,603  218,965  6,875  6,563   21.43%   76.18%   2.39%
CC2   105,901  114,124  6,772  5,028   46.69%   50.32%   2.99%
CC3   164,601  157,515  7,843  8,035   49.89%   47.74%   2.38%
CC4   177,194  158,043  8,798  7,628   51.50%   45.94%   2.56%

I included undervotes in the county candidates’ analyses in 2018 because I was trying to analyze the effects of straight ticket voting as well. As I said, if you compare just the Democratic candidates’ percentages, you see that Hudspeth and Trautman had fairly similar performances, with the drops we have noted before in some of the Latino districts. Trautman knocked it out of the park in HD134, which was more Republican in 2018. Hudspeth had among the higher scores this year in HDs 131 and 141. I fully expect she’ll build on her performance in 2022, when she will be the incumbent running for re-election, though as always the first question is what will the national atmosphere look like.

Do we still have to worry about the Elections Administrator’s office?

I’m a little hesitant to bring this up, but…

Isabel Longoria

This year, Harris County began the process of consolidating the two offices that have historically handled elections — the county clerk and the tax assessor-collector’s office — under one roof.

Isabel Longoria, a special advisor on voting rights to the county clerk, was sworn in to lead the new office last month.

“Fundamentally the office is shifting from being reactive to proactive,” Longoria told the Signal. “Under the tax office and county clerk offices, since elections and voter registration were just one part of what they did, it was always kind of like, ‘oh shit elections are coming, now what’ or ‘oh shit, we’ve got to register voters, now what’ — now we have the capacity to say that this is our focus year-round.”

Harris County voters are already benefiting from some new practices, some they can see and some they can’t. Election results in the county are now updating every thirty minutes, and behind the scenes, election officials are working more closely together. For example, Longoria said the heads of both the voter registration and elections department were in the same room at NRG on election day.

[…]

Earlier this month, Texas Attorney General Ken Paxton sent a letter to Harris County informing them that Longoria’s newly created office did not exist. Paxton argued that the county violated Texas election code by creating the office without the proper timing and without appropriately informing the Texas Secretary of State. He gave the county two weeks to take “corrective action” before his office would intervene.

Harris County Commissioners Court was unmoved by the threat, the county attorney replied to Paxton detailing the paperwork, and nothing has come of it since. And business as usual has continued at the elections administrator’s office, Longoria said.

“I think he just wanted to make sure we filed our paperwork, and we did,” Longoria said. “That’s it. It’s one of those things where… yeah… nothing happened.”

That story was published on December 14, right after the District B runoff, which was the first election fully administered by the new office. It was also two weeks after Ken Paxton’s temper tantrum about the slow notification of the office’s creation and the appointment of Longoria as the chief. It’s now been four weeks since Paxton raised the possibility of taking Harris County to court if they didn’t take “corrective action” within two weeks. I guess Vince Ryan’s email to Paxton settled the matter, which suggests that maybe Paxton was making a much bigger deal over a minor boo-boo than he needed to make. Of course, he’s been a pretty busy man since then, what with being raided by the FBI and trying to overturn the election and all, so maybe he just hasn’t gotten back around to this. Sometimes these things just take longer than you think they will, you know?

The Harris County Election Security Task Force

I hadn’t realized that this was a thing, but it was and I’m glad it was.

A task force formed to ensure the security of the November election in Texas’ biggest county has found no evidence of wrongdoing after finishing its work.

The Harris County Election Security Task Force was made up of the Harris County Precinct 1 constable’s office, the district attorney’s office, the county attorney’s office and the county clerk’s office. In a report published Friday, the task force said it “received approximately 20 allegations of wrongdoing that needed to be elevated to the level of a formal investigation.”

“Despite claims, our thorough investigations found no proof of any election tampering, ballot harvesting, voter suppression, intimidation or any other type of foul play that might have impacted the legitimate cast or count of a ballot,” the report says.

[…]

The task force operated from Oct. 13 through Nov. 3, which was Election Day, according to the report. Undercover officers made 6,311 visits to 122 early voting and 806 Election Day polling sites. The task force responded to 77 calls for service. And it used four explosive-detecting K-9 units to to make 323 sweeps of polling locations, as well as “continual sweeps” while voters dropped off ballots at NRG Stadium on Election Day. (The task force found no explosives.)

“We all worked together to ensure our elections, which are the lifeblood of democracy, were free and fair and that any and all allegations were thoroughly investigated,” Ogg said.

The report is here, and it’s an easy read. This is good from a pragmatic perspective, in that it was good for the various law enforcement agencies to work together and coordinate efforts, and it was good from a transparency perspective, as each incident is detailed along with the response and resolution. You should read through the incident reports, which begin on page 8 and are the bulk of the document. Incident #2 was the subject of some fever-swamp “reporting” on right wing websites – a fellow Democrat who had come across one of those stories emailed me about it early on, and I noted in my reply to them the various ways in which it sounded like BS – while incident #22 was the Aguirre situation, which the report noted was referred to the DA’s office. The fact that in addition to responding to calls from the public, the task force made regular proactive checks on voting locations to ensure their safety was retroactively reassuring to me. It also had an actual, positive effect, unlike the fear-mongering and snipe hunting our state leaders engaged in. Put this down as another innovation from 2020 that we should keep on doing in the future.

Ken Paxton’s attempted jihad against Harris County

Wow.

Best mugshot ever

Attorney General Ken Paxton tried to get the Trump administration to revoke millions in federal COVID relief funding that Harris County budgeted for expanding mail-in voting earlier this year, newly revealed records show.

Paxton wrote in a May 21 letter to Treasury Secretary Steven Mnuchin that Harris County’s plan was an “abuse” of the county’s authority and an “egregious” violation of state law. The letter was obtained and published by the Citizens For Responsibility and Ethics in Washington.

“We respectfully ask the department to scrutinize its award of CARES Act funding to Harris County in light of the county’s stated intent to use federal funding in violation of state law, and to the extent possible, seek return of any amounts improperly spent on efforts to promote illegal mail-in voting,” Paxton wrote. “Without implementing adequate protections against unlawful abuse of mail-in ballots, the department could be cast in a position of involuntarily facilitating election fraud.”

The letter to Mnuchin illustrates the lengths Paxton went in his efforts to stop Harris and other counties from making it easier to vote by mail during the pandemic, which included suing Harris County as it tried to send mail ballots applications to all 2.4 million of its registered voters. The mail-ballot application push was part of the county’s $27.2 million plan to expand voting options, funded in large part through CARES Act money.

[…]

The Treasury Department did not immediately respond to a request for comment on whether Mnuchin heeded Paxton’s request to investigate how Harris County used the funding.

In a written statement, County Judge Lina Hidalgo said that the loss of the funds “would have knocked the floor out of our citizens’ ability to vote safely” during an important election held in the middle of a global pandemic.

“This attempt to cut off emergency federal funding for fellow Texans is indefensible,” she said. “To do so in secret is truly a shame and I’m relieved this is now out in the open.”

Members of the Texas Democratic Party accused the attorney general of “picking fights” to distract from his personal life.

“In the middle of the biggest pandemic in American history, every Texan should have been afforded the opportunity to vote as safely as possible. Indicted Texas Republican Attorney General Ken Paxton continues to try to pick fights to distract away from his personal life and his abuse of office. Paxton is a carnival barker who has made Texas a laughingstock with his ridiculous inquiries and lawsuits. To restore trust in the Attorney General’s office, we must all band together to vote him and his abuse of power out in 2022.”

I suppose if there’s one thing that the year 2020 has been good for, it’s to serve as a reminder to me that I am still capable of being shocked. I can’t say that I’m surprised, because it was clear from the beginning that then-County Clerk Chris Hollins’ aggressive efforts to make voting easier, ably funded by Commissioners Court, were going to draw a heated response. I guess I had just assumed that the lawsuits filed by Paxton and others against the various things that Hollins pioneered were the response, with bills filed in the 2021 Legislature the culmination, but I had not expected this.

It is interesting that Paxton chose to fire this particular shot in secret. We would have found out about it at the time if he had succeeded, of course, but it’s strangely out of character for Paxton to do something like this under cover of darkness. Say what you will about Ken Paxton, the man does not lack confidence in the correctness of his positions. I don’t know what his motivation was for not being front and center about this – I mean, we saw the lawsuit he filed to overturn the election. Shame, or fear of being publicly dragged, are not inhibitions for him. Maybe he was afraid of spooking Secretary Mnuchin, who is generally less cartoon-y in his villainy. I’m open to suggestion on this point.

The story mentions that this letter came from the Citizens for Responsibility and Ethics in Washington (CREW), which led me to this:

CREW obtained Paxton’s letter to Mnuchin as part of a Freedom of Information Act lawsuit against the Treasury Department, which remains ongoing.

The lawsuit in question is over the appointment of Louis DeJoy as Postmaster General. We might never have found out about this scurrilous and cowardly action otherwise.

I was going to spend more time in this post pointing out that Paxton’s allegations were 1) essentially baseless, and 2) should have been made in a lawsuit, as this would have fallen squarely under his law enforcement authority if Harris County were indeed breaking the law as he claimed, but honestly that CREW article laid it out thoroughly, so go read that for those details. The main takeaway here is that this wasn’t just a partisan dispute, which could and should have been carried out in public as so many other mostly ginned-up voting “controversies” this year were, it was 100% unadulterated bullshit from our despicable Attorney General. He’s not feeling any pressure to step down from his fellow Republicans, and do brace yourself for a pardon from our Felon in Chief, so it really is up to us to vote his sorry ass out in 2022. The Texas Tribune has more.

Commissioners Court rejects Paxton allegation about Elections Administrator

Straight to the point.

Best mugshot ever

The Democrats on Harris County Commissioners Court on Tuesday rejected an opinion from Texas Attorney General Ken Paxton in which he said they illegally created an independent elections office and hired an administrator.

The move invites a potential lawsuit from the attorney general, which Precinct 1 Commissioner Rodney Ellis said he was confident the county would win.

“This is another example of (Attorney) General Paxton using his office to attack the voting rights of Texans,” Ellis said.

He noted that Paxton sued to prevent counties from installing more than one drop box for mail-in ballots during this fall’s general election. The attorney general also convinced the Texas Supreme Court to block Harris County’s plan to send mail ballot applications to all 2.5 million registered voters. Paxton also had issued an opinion suggesting the county’s drive-thru voting arrangements violated the state election code.

[…]

In a written response to Paxton Tuesday, [County Attorney Vince] Ryan acknowledged that Harris County had not promptly informed the state of those actions. He said, however, that Texas law says the delays do not change their validity.

Harris County joined more than 100 other Texas counties in creating an independent elections office, which combines the election management role of the county clerk with the voter registration duties of the tax assessor-collector.

The three Democrats on Commissioners Court voted in favor of the change, arguing it is more efficient. The two Republicans were opposed, saying it created an administrator who is unaccountable to voters.

The court was similarly divided in Tuesday afternoon’s discussion. Democratic County Judge Lina Hidalgo dismissed Paxton’s threat as a distraction and said Longoria must be able to do her job.

Precinct 4 Commissioner Jack Cagle, a Republican, said Ellis’s criticism of Paxton was unfounded. The attorney general has a duty to ensure the law is followed, he said.

“When Paxton says we didn’t follow the rules, I don’t think there is some evil intent,” Cagle said.

See here for the background, and let’s put aside for the moment the laughable idea that Ken Paxton has any moral authority when it comes to telling people to obey the rules. I dismissed Paxton’s threats as mere bluster, but I’m an Internet smartass. There are no real consequences when I’m wrong about something. I certainly hope Vince Ryan is right about this – and as a side matter, I hope incoming County Attorney Christian Menefee was consulted and is on board with this, because it will be his mess to clean up if Ryan and the rest of us are wrong. I guess we’ll find out soon enough if we’re about to be dragged into a prolonged court battle, or if this was indeed just hot air. The Texas Signal and the Chron’s Erica Greider have more.

Interview with Isabel Longoria

Isabel Longoria

Following on to my interview with Chris Hollins, today I have for you a conversation with our brand new and first-ever Election Administrator in Harris County, Isabel Longoria. Longoria is a former legislative staffer who ran for City Council in District H in 2019 and lost in a runoff to incumbent CM Karla Cisneros. She was hired by Hollins to be part of the County Clerk’s election staff for the 2020 election, so when she stepped into the Administrator role it was mostly a continuation of what she had already been doing. If you’ve ever talked with Longoria before, you know she’s a highly detail-oriented person who can go deep into the weeds on policy and technical issues, and she has an abiding love for the elections process. We talked about all that and more:

We enter now into a fallow period for local elections – it’s an off year for Houston, and who knows what will happen with the HISD Trustees. I’ll do what I do with the races that are on the docket, but in the meantime if you think there’s someone I really ought to talk to and whose insights would be of interest to you and my other readers, let me know.

Paxton has a tantrum about the Harris County Election Administrator

Someone is going to have to help me understand this, because I’m clearly missing something.

Best mugshot ever

Harris County failed to follow the Texas Election Code when it created an independent election administration office, rendering the office and the appointment of Isabel Longoria as administrator null and void, according to Attorney General Ken Paxton.

In a Nov. 25 letter to the county attorney’s office, Paxton said Harris County did not inform the secretary of state in a timely fashion, as required by law, when it created the new office in July and when an administrator was selected in October to run it.

“As a result, neither the Commissioners Court’s July 14, 2020 order nor the Election Commission’s October 30, 2020 appointment of (Isabel) Longoria to the position holds any legal weight,” Paxton wrote. “In short, the Harris County Office of Election Administrator does not exist.”

Longoria’s appointment should be rescinded, the attorney general said.

County Clerk Teneshia Hudspeth referred questions to County Judge Lina Hidalgo, who deferred to the County Attorney’s office. First Assistant County Attorney Robert Soard said all required documentation regarding the election administration office has been sent to the secretary of state.

“We feel confident that, after they review this, all misunderstandings will be cleared up,” Soard said.

Longoria said in a statement that the county attorney had advised her there were no procedural issues with the creation of her office; she will continue working.

[…]

The Election Code requires counties to inform the secretary of state within three days of creating an elections administration office. Within six days, it must inform the state of the appointment of an administrator.

Paxton said Harris County waited two weeks to inform the secretary of state it had created the elections administration office and three weeks to formally disclose the hiring of Longoria as administrator, a senior aide in the County Clerk’s Office.

Harris County must take “corrective action” within 14 days, the attorney general said, or the state may take the issue to court. Paxton did not respond to a question asking why his office did not address Harris County’s error in July.

County Attorney Vince Ryan placed an item on Tuesday’s Commissioners Court agenda to discuss the matter.

Here’s the relevant statutes relating to an Elections Administrator:

Sec. 31.031. CREATION OF POSITION. (a) The commissioners court by written order may create the position of county elections administrator for the county.

(b) The order must state the date the creation of the position of administrator is effective. The effective date may not be later than 12 months after the date the order is adopted.

(c) To facilitate the orderly transfer of duties on the effective date, the order may authorize the commissioners court to employ the administrator-designate not earlier than the 90th day before the effective date of the creation of the position, at a salary not to exceed that to be paid to the administrator.

(d) Not later than the third day after the date the order is adopted, the county clerk shall deliver a certified copy of the order to:

(1) the secretary of state; and

(2) each member of the county election commission.

Sec. 31.032. APPOINTMENT OF ADMINISTRATOR; COUNTY ELECTION COMMISSION. (a) The position of county elections administrator is filled by appointment of the county election commission, which consists of:

(1) the county judge, as chair;

(2) the county clerk, as vice chair;

(3) the county tax assessor-collector, as secretary; and

(4) the county chair of each political party that made nominations by primary election for the last general election for state and county officers preceding the date of the meeting at which the appointment is made.

(b) The affirmative vote of a majority of the commission’s membership is necessary for the appointment of an administrator.

(c) Each appointment must be evidenced by a written resolution or order signed by the number of commission members necessary to make the appointment. Not later than the third day after the date an administrator is appointed, the officer who presided at the meeting shall file a signed copy of the resolution or order with the county clerk. Not later than the third day after the date the copy is filed, the county clerk shall deliver a certified copy of the resolution or order to the secretary of state.

(d) The initial appointment may be made at any time after the adoption of the order creating the position.

The relevant sections relating to timing are highlighted in bold. As was noted in the comments to the Chron story, there’s nothing in the laws to say what happens if a county, for whatever the reason, fails to do the paperwork in a timely fashion. Saying that the appointment is null and void for being a few days late is to be the equivalent of saying that because there were a couple of precincts in Wayne County that didn’t exactly balance we need to throw out every vote in the county. I may not be a lawyer, but I can tell when the remedy doesn’t fit the alleged infraction. And if we’re going to be super-technical about it, then let Commissioners Court rescind and re-appoint Longoria today, and notify the Secretary of State later in the day via email, fax, Fed Ex, town crier, and unfurling a giant poster with Isabel Longoria’s picture on it outside the SOS office tomorrow morning. Will that suffice?

This part puzzles me even more:

Republican State Sen. Paul Bettencourt, R-Houston, a frequent critic of local Democrats, urged Commissioners Court to revoke Longoria’s appointment.

“Appointing an administrator of elections in the nation’s third largest county should have been made by following the prescribed legal process to the letter,” Bettencourt said in a statement. “The attorney general’s letter is specific that the duties of that office should be returned to the elected county clerk and tax assessor-collector.”

The dispute is the latest in a series of disagreements between Texas leaders and Harris County officials over how the state’s largest county runs its elections. Paxton and state Elections Director Keith Ingram see their actions as reigning in rogue local leaders; Hidalgo and county officials view them as unnecessary micromanagement.

I mean, we’re aware that all of the election innovation that made Ken Paxton and Paul Bettencourt SO MAD last month was done by the County Clerk, right? Not a non-partisan official whose bosses include the Chair of the Harris County GOP? I’m trying real hard here, but I fail to see what they think they’d be gaining by putting Teneshia Hudspeth in charge of running elections. Do they think she wouldn’t keep doing what she did while Chris Hollins and Diane Trautman were in charge? Have they forgotten that she’s an elected Democrat? Seriously, what is their angle here? I mean, other than being little pettifoggers with a grievance. Like I said up front, someone help me understand this one.

Interview with Chris Hollins

Chris Hollins

To put a bow on this long, strange trip that was the 2020 election season, I have a couple of interviews to bring you with key players from the election. The first is with Chris Hollins, the now-former Harris County Clerk who stepped into that role in June, just before the primary runoffs were to take place and as the second COVID wave was beginning. Hollins had the task of putting new processes in place to make that runoff election safe and successful, then scaling it all up for November, when about ten times as many people would be participating. We know how well that turned out, and how much acclaim Hollins got for his team’s achievements and his leadership, so let’s just go right to the interview, in which we go into greater detail about what happened and what we learned from this crazy election.

Next up: An interview with Isabel Longoria, the first-ever Harris County Election Administrator. Let me know what you think.

I remain pessimistic about the chances of good voting bills passing

This Trib story suggests that with Republicans doing well in the high turnout 2020 election, and with the emergency measures that were implemented to expand voting access, the odds of getting a bill passed to make some forms of voting easier are as good as they’ve ever been.

Lawmakers and voting rights groups have been fighting over updates to Texas’ election systems for years, but issues heightened by the coronavirus pandemic have launched a new conversation over voter access.

This January, primarily Democratic lawmakers heading into the next legislative session are honing in on problems like backlogs in processing voter registrations, an unprecedented flood of mail-in ballots and applications that overwhelmed some elections offices, and a lack of viable alternatives to voting in person.

Outnumbered by GOP members in both chambers, Texas Democrats have seen their efforts to expand voter accessibility thwarted at virtually every turn for years.

But the pandemic-era challenges combined with strong Republican performance at the polls — which may have been boosted by record-breaking voter turnout across the state — has some lawmakers and political operatives believing there’s potential for conservatives to warm up to voting legislation that could improve accessibility.

A main reason is that voters of all political camps experienced some of these new ideas when they were introduced during the pandemic — things like drive-thru voting pilot programs, multiple ballot drop-off sites, turning in mail ballots during early voting and extended early voting — or realized that others, like online registration, would have made voting in the pandemic easier.

“My guess is [lawmakers are] going to hear from their Republican voters that they like to do this, and there will start to be Republicans championing these things, and they’re championing them from a majority point of view,” said Trey Grayson, a former Republican Kentucky secretary of state who was previously director of the Institute of Politics at Harvard University. “I would be shocked in five years if Texas didn’t have more of these reforms in place.”

Quinn Carollo Jr. is one of those Republican voters who said he applauded efforts in Texas to make it easier to vote. He was thrilled by Texas’ lengthy early voting period — which had been expanded from two weeks to three weeks because of the pandemic. He moved in recent years from Alabama, which doesn’t have early voting.

“There was plenty of opportunity to get by there and vote without dealing with a lot of lines on Election Day,” said Carollo, a 49-year-old transportation manager for a chemical company in Houston. “So I really enjoyed that. I’m all for it.”

Carollo said he’d like to see the longer voting period become a permanent part of Texas law, along with other reforms that might make voting easier and more accessible.

[…]

Bills already filed include legislation that would allow for online voter registration for those with driver’s licenses or state IDs, on-site voter registration at the polls during early voting and on election day, making election days state holidays, universal mail-in balloting, easing voter ID restrictions and allowing felony probationers and parolees to vote.

The idea of moving registration online is worth considering, given that some 41 other states have already implemented it, said Justin Till, chief of staff and general counsel for Republican state Rep. Greg Bonnen, R-Friendswood, who sponsored the 2019 bill that eliminated mobile polling sites and who has filed election fraud legislation to be considered this session.

“I don’t think it would be a problem if we were to transition. I know a lot of people are still hung up on the IT security part of it, which I get.” Till said. “So long as it’s a sound system, it will work fine and the other states that have implemented it thoughtfully have done so successfully.”

Till said Bonnen’s office would consider measures that could ease or expand access during early voting and eliminate long travel and wait times, such as extending the early voting period to three weeks and allowing counties to keep polling sites open beyond the state required minimum.

“If you can achieve that satisfaction point where everyone gets an opportunity to vote as quickly and as easily as they can, then you’re good,” Till said.

Voting rights advocates say that the experiences of millions of new voters in Texas this year could translate into election changes that are driven by the voters, not politics.

“I think a lot of people that had not been affected by some of the problems in our election systems were affected this time,” said Joaquin Gonzalez, staff attorney for the Texas Civil Rights Project. “So there are probably a lot more legislators who are hearing about it more from all walks of the aisle.”

A new “driving force” behind some legislation will be pressure to address or retain some voting initiatives that were born out of the pandemic, said Derek Ryan, a Republican consultant and voter data analyst in Austin.

These could include increased access to curbside voting, extended early voting periods and expanding countywide voting and online voter registration — the latter of which Ryan said was hit or miss with Republicans and “one of those issues that kind of splits the party.”

Among those that are anticipated but haven’t been filed yet are bills dealing with drive-thru voting, allowing 24-hour polling sites and making permanent a pandemic-era order by GOP Gov. Greg Abbott extending the early voting period to three weeks — all of them ideas that first appeared in some counties during the pandemic, several activists and lawmakers said.

”I think that after any election, we figure out that there are better ways to do things, and so there’s always some election legislation that kind of tries to clean up some of the process, but I think you’re probably going to see that even more so because of the pandemic,” Ryan said.

Maybe, but I’m going to see some hard evidence of this before I buy into the idea. The one place where maybe I can see something happening is with online voter registration, mostly because Republicans made a show of trying to register new voters this cycle, and running into the same problems everyone else who has ever tried to do this has run into, and that was even before the pandemic hit. The fact that there’s a staffer for a Republican legislator talking about it is of interest. I’m willing to believe something may happen here. As for everything else, my counterarguments are as follows:

1. The first bill out of the gate is a bill to restrict county election administrators from sending vote by mail applications to eligible voters, for no particular reason other than Paul Bettencourt’s sniffy disapproval of Chris Hollins doing it. It’s not an auspicious start, is what I’m saying.

2. While Greg Abbott did extend the early voting period and did allow for mail ballots to be dropped off during the early voting period (before then cracking down on where they could be dropped off), all of the prominent innovations like drive-through voting and 24-hour voting and multiple drop boxes were pioneered by local election administrators, most of whom were Democrats, with Chris Hollins in Harris County and Justin Rodriguez in Bexar County being among the leaders. I’d feel like this would be more likely if Abbott and the Lege were ratifying Republican ideas, rather than giving their stamp of approval to Democratic inventions. I admit that’s attributing a level of pettiness to Abbott and the Republicans in the Lege, but if we’re talking about the process being driven by feedback from the voters, I’ll remind you that the chair of the state GOP, several county GOP chairs, activists like Steven Hotze, and more were the plaintiffs in lawsuits that targeted not only the Hollins/Rodriguez-type innovations, but also Abbott orders like the third week of early voting. Plus, you know, the extreme animus that Donald Trump fed into Republican voters about mail ballots and other vote-expanding initiatives. What I’m saying is that while some Republican voters undoubtedly liked these new innovations and would approve of them becoming permanent, the loudest voices over there are dead set against them. We’d be idiots to underestimate that.

3. All of which is a longwinded way of saying, wake me up when Dan Patrick gets on board with any of this. Nothing is going to happen unless he approves of it.

4. Or to put it another way, even if these innovations help Republicans, even if everyone can now say that expanding turnout is just as good for Republicans as it is for Democrats, it’s still the case that making it harder to vote is in the Republican DNA; I’m sure someone will post that decades-old Paul Weyrich quote in the comments, to illustrate. I don’t believe that the experience of one election is going to change all these years of messaging.

5. To put that another way, Republicans might be all right with things that make it easier for them to vote, as long as they don’t make it easier for Democrats to vote. They’re absolutely fine with things that make it harder for Democrats to vote – and by “Democrats” I mostly mean Black voters, as far as they’re concerned – and if those things also make it harder for some of their people to vote, it’s an acceptable price to pay. Making it easier to vote, as a principle, is not who and what they are. I’ll be happy to be proven wrong, but until then I’ll be taking the under.

Our nanny state and vote by mail applications

Sen. Paul Bettencourt purses his lips and wags his finger and is very disappointed in your county government.

Republican state lawmakers have filed bills to codify the Texas Supreme Court decision that blocked Harris County from sending mail ballot applications to all of its 2.4 million registered voters.

Senate Bill 208, authored by Sens. Paul Bettencourt, R-Houston; Brandon Creighton, R-Conroe; Brian Birdwell; Bob Hall and Kel Seliger, would stop election officials from sending absentee ballot applications, regardless of eligibility. State Rep. Valoree Swanson, a Republican from Houston, filed a companion bill, House Bill 25.

“We must recognize the obvious that we didn’t need to mail 2M+ absentee ballot applications to registered voters in Harris County to have a record 11.2 million Texas voters cast their ballots in November,” Bettencourt said in a statement. “It is important to note that the 66.2% turnout in 2020 was without wasting taxpayer money by doing shotgun mailings to everyone on the voter roll.”

Harris County Clerk Christopher Hollins’ plan to do so, an attempt to make voting easier during the pandemic, was thwarted after the county’s Republican Party sued. The Texas Supreme Court ruled in early October that Hollins would be exceeding his authority, though two lower courts had previously approved of the mass mailings.

Hollins had already sent out nearly 400,000 applications to Harris County voters who were 65 and older by the time the suit arose. The proposed legislation filed this month would extend to even such mailings to eligible voters because they would prevent counties from sending any unsolicited mail ballot applications.

Emphasis mine. So that first sentence about codifying the State Supreme Court decision is misleading, since this bill would now prohibit something the Court explicitly allowed. Let’s be clear about that.

Let’s also be clear that there’s no valid justification for this bill. If the voters of Harris County don’t like the way that Commissioners Court appropriates and spends money, the voters of Harris County have a simple and direct way to express that disapproval. This is Paul Bettencourt and others expressing their disapproval of Harris County voters, because he has that power.

I’m sure there will be more bills like this one, and while most of them probably won’t pass I’ll be surprised if this one manages to fail. the good news, for what it’s worth, is that the Harris County Democratic Party can continue its very successful campaign of sending mail applications to its voters, then following up with them to ensure they get and return their mail ballots. I won’t be surprised if there’s some dropoff in mail voting in the next couple of elections, as people were motivated to vote by mail due to the pandemic, but I’d expect most of those voters to just go back to voting in person. This is a legislative temper tantrum, and it can some day be fixed, but don’t forget that it happened. Republicans like Paul Bettencourt want it to be hard to vote, and they will do what they can to make it hard to vote. We should make a bigger deal about this in our campaigns.

The poll workers’ stories

Some good news.

With a record 2,431,457 registered voters on the rolls in Harris County, there were several reasons poll workers expected a huge turnout and they got it, but not on Election Day.

Two judges working two of the locations in northwest Harris County with the largest turnouts in the county both saw voters take advantage of extra days and utilize extended hours for voting.

“It was impressive the number of people who turned out,” said John Baucum who served as precinct judge at the city of Jersey Village location.

Harris County set a record for the total number of voters ever participating in an election with 1,649,573 casting ballots, but it fell just shy in the percentage of registered voters who showed up at the polls with 67.84 percent.

The last time a presidential race garnered more than 70 percent of the voters in Harris County was in 1992 when Bill Clinton defeated incumbent President George W. Bush. At least 71.68 percent or 942,636 of the 1,315,010 registered voters cast their vote in the election.

While the voter rolls have increased almost twice that number since 1992, participation seems to be on an uptick and so is early voting.

“Yes, it’s the most voters we’ve ever had,” confirmed Roxanne Werner, director of community relations for Harris County Clerk Chris Collins.

[…]

Baucum said he believed the process in his precinct was fair.

“Voting day, when they come into that center, you want them to know that their vote counts, that the process was fair, and their ballot was in secret. I think as a team we make sure that it happens,” he said.

Baucum was grateful for his staff who worked tirelessly to ensure a fair election.

One of the difficulties with staffing, especially on election day, is securing rare interpreters.

“We have to be prepared for any voter to walk in,” he said. “Before countywide voting, we would have a Spanish and English interpreter, and maybe in southwest Houston you might have had a Chinese or Vietnamese interpreter, now we’re required to have all of them. We were able to have all of those plus one of our clerks spoke Portuguese and German,” he said. “We were probably overprepared.”

“Those are the challenges you see with countywide voting. We’ve been able to find the people to fill those spots,” he said.

For Matt Harris, serving as an alternate judge for the Richard and Meg Weekley Community Center was exciting since the location led the county in early voting with 29,810.

“This was my first time. It was an interesting experience. I’m glad I did it and I’ll probably continue to do it,” he said. “I think it’s important for my age group to be involved in the process.”

The 38-year-old moved to Texas from Illinois a decade ago in search of job opportunities.

“My wife graduated from college right after the recession hit Illinois really hard. We tried things there for a while, but nothing panned out,” he said.

They pulled up roots and moved to the Houston area where they found 30-40 postings for her job versus only two or three for the same in Illinois.

He took the training for being a precinct judge twice.

“Originally I was scheduled to work the primaries in March and didn’t get to and did the training a second time which was very helpful,” he said.

He also received a reference manual which provided invaluable information for judges.

He said the Weekley Center has been a voting location for at least the 10 years he’s lived in the area.

Until he moved to Texas, he really wasn’t involved in politics so much.

“I always pushed it to the side because it’s (Illinois) always been a blue state and I’m conservative,” he said.

As we now know, final turnout was 1,656,686 after provisional ballots were cured. Both of the election workers quoted are Republicans, and as you can see they both thought the process was fair, accessible, and generally well done. It would be nice if some of our Republican leaders felt that way, too. Honestly, if the Chron wants to talk to a couple of election workers and let them tell their stories every week till we run out of them, that would be fine with me. The single best thing to come out of this election – OK, the second best thing – was the joy and enthusiasm so many people had for participating in it, for feeling like their votes mattered and their voices were heard. I’ve lived my entire life in an atmosphere of cynicism and detachment towards our democracy, and this is the first time I can recall it being more cool to be into it than to be sarcastic about it. It’s better this way.

A few words about election security

Lisa Gray talks to my friend Dan Wallach about everybody’s favorite subject.

If I’m aiming to steal an election, what’s the best way to go about it? Are mail-in ballots the easiest?

If your goal is to steal an election, there are so many different things you could do. Really the question is, are you trying to be stealthy about it? Or are you perfectly OK with making a giant public mess? Because if you don’t mind making a mess, the easiest way to steal an election is to break the voter registration system — to cause long lines, to cause voters to give up and walk away.

But it would be totally obvious if that had happened. And at least as far as we know, it hasn’t happened. The other obvious way that you can break an election is, of course, with misinformation. If you can convince the voters to vote in a way different than they were originally planning — because of a conspiracy theory or whatever — that’s also an excellent way of manipulating the outcome of an election.

Manipulating voting machines in the tabulation process is actually a lot more work, especially if you want to do it subtly. And at least so far, that doesn’t seem to be happening.

Are mail-in ballots inherently less reliable than votes counted on Election Day?

Once we have paper ballots, whether they’re paper ballots that are cast in person, or paper ballots that are returned through the mail, the security of that system is actually pretty good. I’m not as worried about ballot-box stuffing and things like that. The things that concern me more are when you have a system with no paper at all — which, of course, is how we vote here in Harris County.

This is probably the last year that Harris County will be using that electronic paperless voting system. We’ll see.

Probably the place where we’re seeing the most excitement with tight elections now is in Georgia. The state of Georgia used to use a paperless electronic system that would have been relatively straightforward to manipulate, if that was what you wanted to do.

But they’ve replaced it! The whole state of Georgia now votes using a “ballot marking device,” where you touch the screen, select your preferences, and then it prints a paper ballot. As long as Georgia voters actually bother to look at it, and say, “Yep, that’s who I was planning to vote for,” the risk of undetected tampering goes down significantly.

[…]

How should we handle future elections? Those eSlate machines have got to go. But what else, for American elections’ sake, do we need to do?

Let’s start with Harris County. Harris County is using a type of voting machine that they first purchased in the early 2000s. They had a warehouse fire in 2010, so all of our machines are actually quite a bit newer than that, because after the fire, they had to buy new ones.

Those are new versions of ancient tech? My adult kids voted for the first time in Harris County this year, and they were both astounded by what they called “1990s technology.” Those clunky dials! It’s like using a Blackberry in 2020.

It’s exactly like using a Blackberry in 2020. It’s time for these machines to be retired. Our previous county clerk Diane Trautman had said that that was her plan, and she’d started the process — vendors doing dog-and-pony shows, members of the community invited to show up and watch presentations. All of that was in process when COVID hit.

[Trautman resigned because of health problems, and Chris Hollins was an interim replacement.] Now we are going to have an appointed election administrator, Isabel Longoria, who handles voter registration and manages elections. So Longoria is going to be responsible for picking up where this all left off. I don’t know their timeline. I don’t know their plans. But definitely it’s time to move on from the eSlates.

I expect that they will be very interested in having a bigger vote-by-mail solution. The state may or may not make it easier for voters to vote by mail. That’s an unfortunately partisan process, even though it shouldn’t be. All Washington State, Oregon and Colorado vote by mail — 100% of the vote.

But Texas doesn’t believe in no-excuse vote by mail, so I expect that we’re also going to see new voting machines of some kind. Every new voting machine that’s worth buying prints a paper ballot of some sort. That is likely the direction that we’re headed.

There will be pricing issues and cost issues. There will be questions like, Does it support all of the languages that Harris County requires? Does the tabulation system do all the things that we need? Is the vendor going to give us a good price? All that is in play. This is as much about a large government procurement process as it is about voting in particular.

I expect that will all play out next year. They will announce a winner of the procurement, and then we’ll start seeing these new machines used in smaller elections, where there are fewer voters and there’s less attention being paid. In a smaller election, things can go wrong, and it won’t be the end of the world.

Most of this is familiar to us, from the swan song of the eSlate machines to the plans to get new voting machines for the 2021 elections, which will be an off year for city races, thus making it even smaller than usual. I’ll be keeping a close eye on what kind of machines we may get, as this will be the first major task of Isabel Longoria’s tenure as Election Administrator. Lisa and Dan also talk about the exemplary voting experience we had here in Harris County in 2020, which we all hope and expect will be the template going forward. Check it out.

Federal judge denies Hotze petition

Hopefully, this will be the end of this particular nonsense.

A federal judge Monday rejected a request by a conservative activist and three Republican candidates to toss out nearly 127,000 votes cast at drive-thru polling sites in Texas’ most populous, and largely Democratic, county.

The ruling by U.S. District Judge Andrew Hanen, a George W. Bush appointee, follows two earlier decisions by the all-Republican Texas Supreme Court rejecting similar efforts by Republicans challenging the validity of drive-thru voting in Harris County. Although Hanen’s ruling is still expected to be appealed quickly, it appears to clear the way for counting the early voting drive-thru ballots on Election Day.

In his ruling from the bench, Hanen said he rejected the case on narrow grounds because the plaintiffs did not show they would be harmed if the drive-thru ballots are counted. He noted, however, that the U.S. 5th Circuit Court of Appeals could think differently if the cases reaches them.

If he had ruled on the larger issues in the case, Hanen said he would have rejected the request to toss out votes already cast. But Hanen said he would have shut down Harris County’s drive-thru polling places for Election Day, because the tents being used for the sites don’t qualify as “buildings” under state election law.

“If I were voting tomorrow … I would not vote in a drive-thru just out of my concern as to whether that’s illegal or not,” he said. “I am going to order the county to maintain all the drive-thru voting records … just in case the 5th Circuit disagrees.”

Ten percent of Harris County’s in-person early voters cast their ballots at the county’s 10 drive-thru locations. Dismissing the votes would have been a monumental disenfranchisement of voters in a presidential election besieged with fights over voter suppression and fraud.

The judge ruled from the bench after a hearing with plaintiffs, the county and numerous Texas and national voting rights and political groups joining Harris County to argue that the drive-thru program was legal under Texas election law.

See here, here, and here for the background. This is obviously a great relief, because as ridiculous as this lawsuit was, the cost of an adverse ruling was sky-high. There will be an appeal, but it looks like that will be to stop drive-through voting on Election Day, not to continue the pursuit of throwing these votes out. I think.

On that note: You saw Judge Hanen’s words about voting at a drive-through location today. Drive-through locations will be open today, and if you have the need to use one, then use it. I believe there’s form you can use to attest to your need to vote curbside, which is legally different than drive-through and which is expressly allowed under Texas law (the whole dispute here ultimately boils down to the allegation that drive-through voting is an illegal expansion of curbside voting). Otherwise, I agree with the lawyers who say just park and go inside to vote. Don’t take the chance that this could come up again after the election.

Statements from the ACLU and the Texas Civil Rights Project are beneath the fold, and a statement from the Texas Democratic Party is here. This Twitter thread by Raffi Melkonian is a terrific blow-by-blow account of the hearing and ruling, with some explanations thrown in for the non-lawyers. The Chron, Houston Public Media, the Press, Mother Jones, Politico, and Daily Kos have more.

UPDATE: And so the appeal is happening in the night. Here’s another Twitter thread to keep track. I hope like hell I don’t have to rewrite this whole damn post in the morning.

UPDATE: As of 9 PM, no actual filing yet.

UPDATE: OK, the petition has been filed. They are just asking for drive-through voting to be halted for Election Day. Stay tuned.

UPDATE: Hopefully, this is the final final update:

You can see the denial in its glory here. The remaining drive-through location will be at the Toyota Center, which no one can deny is a building; the reason that Judge Hanen would have halted drive-through voting on Election Day is because the law is actually different for Election Day than it is for early voting, specifying “buildings” instead of “structures”. At this point, there really isn’t anything left to litigate. Happy voting to whoever will be doing so today.

(more…)

Today is Election Day

It almost feels unreal, doesn’t it? Like some people have been saying while on line at voting locations, we’ve been waiting four whole years for this. Now it’s here, Texas is considered a swing state, the Lege is in play, multiple Congressional districts are up for grabs, turnout is off the charts. And also we’ve got feral lunatics out on the highways and filing frivolous lawsuits, and of course a malevolent and unpredictable President who’s a coward and a bully but also has a whole lot of minions willing to do dirty work for him. So yeah, these are anxious times.

Your task is to vote, if you haven’t already. And when I say “vote”, I mean vote for Joe Biden and MJ Hegar and Democrats up and down the ballot, because there’s only one way we’re going to get those Trump minions out of power and that’s to vote them out. There are over 800 locations available in Harris County today, with voting from 7 AM to 7 PM. Find a convenient and not-too-crowded location and do the thing. As long as you’re on line by 7 PM you get to vote, but really, don’t wait that long. Make a plan to get there as early as you can.

I will of course be up till all hours this evening following the returns, and will post stuff as I can. The few days after an election are chaotic for me under the most benign and normal of circumstances, so things may be a little weird for the rest of the week. We’ll get through this together. I’m on Twitter and will probably have some things to say while we’re parsing the numbers tonight.

I’m assuming there will be a press release from the County Clerk about today’s voting, and I will add it to this post when I get it. It was a busy day for them yesterday, obviously. I want to thank and congratulate the entire staff of the Clerk’s office, from Chris Hollins on down, for doing such a fantastic job running this election. I truly hope the innovations they implemented and the commitment they showed to making it easier for people to vote become the new normal statewide. Let’s also not forget Judge Hidalgo and Commissioners Ellis and Garcia for putting up the money for this. Voting could have always been this convenient. Now that we know that, let’s never go back to how it was before.

I’m not in the predictions business, but feel free to say what you think will happen today in the comments. I’ll have the data when it’s available.

UPDATE: Who needs a press release when you have a Twitter thread?

A few thoughts about Election 2020 before Tuesday

Just a brain dump, to get this all out there before we find out what happened. Let’s start with this:

After the conclusion of three weeks of early voting, 9.7 million Texans have cast ballots, crushing previous early voting totals in the state and setting Texas on a course for record turnout in this Tuesday’s general election.

At least 9,709,376 voters cast early ballots, according to preliminary final numbers released by the Texas Secretary of State and the counties on Saturday morning. That is 57.3% percent of registered voters, just shy of the overall turnout of 59.4% in 2016 by 2 percentage points.

Of those early votes, 8,738,363 were cast in person; 971,013 were cast by mail.

Early voting, which Gov. Abbott extended by six days this year because of the coronavirus pandemic, has already eclipsed total votes during the 2016 general election, when 8,969,226 Texans voted.

Texas has added 1.8 million registered voters since the 2016 election. Texas has not surpassed 60% turnout of registered voters since the early 1990s.

Harris County, Texas’s most populous county, leads the state with 1.4 million votes cast. Among large counties, Collin County outside of Dallas has the highest early voting turnout with 69%.

As we have discussed before, high turnout is generally more favorable to Democrats, but not universally, and there’s been plenty of activity in heavily Republican counties:

Comal County is like Montgomery County’s little brother, and Guadalupe is pretty Republican, too. That said, it’s important to keep in mind the distinctions between “percentages”, especially when we are talking about increases, and absolute numbers. Comal County cast 62K ballots total in 2016; I don’t know what their early voting numbers were in 2016, but a 26% increase over their final turnout would be close to 80K votes. Harris County has had a *net increase* of over 80K votes so far, with Election Day still to come. A 26% increase in total final turnout in Harris County would mean about 1.67 million total voters, or an increase of about 350K from 2016, and at this point that’s the low end. In short, Harris County is big. Always keep that in mind.

If you go back to the Derek Ryan report from Thursday, when “just” nine million people had voted, the electorate at that point was 52.1% female, and 43.4% male. (Not all people specify their gender on their voter registration.) Assuming that hasn’t radically changed as of Friday, that means that something like 800K more women than men have voted in Texas. (In Harris County, the gender ratio was 55.3 to 44.3, a gap of a bit more than 150K.) Given the greater preference for Joe Biden among women, that could be a factor in how this election turns out.

Now let’s talk about how easy, or not-easy, it was to vote in Texas this year. There’s a lot, but I’ll try to be concise. Let’s start with this:

Maybe bullet points will help.

– I agree – and have said on this blog – that the actual impact of the “one dropoff location” order and rulings is minimal. Hell, I didn’t even know that dropping off mail ballots was a thing you could do until this year. I think it’s fair to say that the number of people who have used this option in the past can be counted on your fingers. I don’t know how many people would have used it this election, but even if we’re talking five figures, it’s on the order of five percent of total turnout. People had plenty of other options available to them, including the Reliant Arena dropoff location (which is in many ways more accessible than the Clerk’s office downtown), the US mail, and voting in person. I have a hard time believing anyone was truly disenfranchised by this.

– But all of that is beside the point. The multiple dropoff locations, all at official County Clerk offices, was consistent with the letter and intent of the law, and the amended order to limit them to one, which came more than two months after Harris County announced its dropoff plan, was an obvious partisan exercise that had no basis or reason other than to make voting less convenient, and to slap down an innovative Democratic County Clerk in a heavily Democratic county. On every level, this was a screw-you to Chris Hollins and Harris County.

– Yet even there, we must acknowledge that Greg Abbott did in fact expand access to voting. That third week of early voting was huge – I’m sure that Allen West and the seething hordes of the Republican base are super pissed about that. Plus, the fact that mail ballots could be dropped off during early voting at all was the result of Abbott’s executive order, the same one that allowed for the extra week of early voting. State law as written only allows mail ballots to be dropped off on Election Day. Abbott expanded that. He weaseled out later on, but he was weaseling on himself

– So one might claim, as John Cornyn did on Twitter, that it can’t be all that hard to vote in Texas, because so many people are doing it this year. But once you get past Abbott’s original executive order – which, you may recall, the State GOP and Harris County GOP, among others, tried to kill via the courts – it was local officials, with Harris County Clerk Chris Hollins as the exemplar, backed by $31 million from the Democratic majority on Commissioners Court – that did all the work to make it easier. And again, Republicans from Greg Abbott and Ken Paxton down to dregs like Steven Hotze and Jared Woodfill, fought them every step of the way.

– Finally, we have to acknowledge that whatever was done to make voting easier this year, we started from a baseline of voting not being easy, in so many ways. One big reason why the effect of the “one mail ballot dropoff location per county” ruling was minimal is precisely because access to mail ballots is so limited, and we saw that play its way out in the courts. If counties had to spend large amounts of money setting up early voting locations, it’s in part because the Legislature took away the option of temporary voting locations in the 2019 session, not to mention the removal of straight-ticket voting, which meant it would take longer for people to vote and might lead to longer lines at voting locations. We haven’t even talked about Texas’ notoriously strict voter ID law, or its refusal to allow online voter registration or same-day voter registration, or its recent efforts to purge voter rolls, or the problems of how hard it is for people with disabilities to vote, and on and on and on. If we have heroic levels of turnout this year, it’s in spite of all these obstacles.

– So my bottom line is that while turnout this year has been truly remarkable, and I hope that the results will be equally remarkable, none of this should obscure the fact that we have a lot of room to improve. And the only way that will happen is if we win enough election to make the systemic changes we need.

Hope that wasn’t too long. I’m out of thoughts for now. Go vote if you haven’t already.

SCOTX rejects Hotze petition to throw out drive through votes

One piece of good news.

A legal cloud hanging over nearly 127,000 votes already cast in Harris County was at least temporarily lifted Sunday when the Texas Supreme Court rejected a request by several conservative Republican activists and candidates to preemptively throw out early balloting from drive-thru polling sites in the state’s most populous, and largely Democratic, county.

The all-Republican court denied the request without an order or opinion, as justices did last month in a similar lawsuit brought by some of the same plaintiffs.

The Republican plaintiffs, however, are pursuing a similar lawsuit in federal court, hoping to get the votes thrown out by arguing that drive-thru voting violates the U.S. constitution. A hearing in that case is set for Monday morning in a Houston-based federal district court, one day before Election Day. A rejection of the votes would constitute a monumental disenfranchisement of voters — drive-thru ballots account for about 10% of all in-person ballots cast during early voting in Harris County.

[…]

Curbside voting, long available under Texas election law, requires workers at every polling place to deliver onsite curbside ballots to voters who are “physically unable to enter the polling place without personal assistance or likelihood of injuring the voter’s health.” Posted signs at polling sites notify voters to ring a bell, call a number or honk to request curbside assistance.

The Harris County Clerk’s Office argued that its drive-thru locations are separate polling places, distinct from attached curbside spots, and therefore can be available to all voters. The clerk’s filing with the Supreme Court in the earlier lawsuit also said the Texas secretary of state’s office had approved of drive-thru voting. Keith Ingram, the state’s chief election official, said in a court hearing last month in another lawsuit that drive-thru voting is “a creative approach that is probably okay legally,” according to court transcripts.

Plus, the county argued in a Friday filing that Texas’s election code, along with court rulings, have determined that even if the drive-thru locations are violations, votes cast there are still valid.

“More than a century of Texas case law requires that votes be counted even if election official[s] violate directory election laws,” the filing said.

See here and here for the background. I’m glad to see SCOTX affirm my faith in them. They’re partisan, but I didn’t think they would want to set their reputations, and the court’s legitimacy, on fire for such a blatant and sloppy effort to disenfranchise thousands of people. So we’ve got that going for us, which is nice.

There’s still the matter of that federal lawsuit, for which there will be a hearing this morning at 10:30. I have no idea when there might be a ruling – it’s not out of the question that the judge could rule immediately upon the completion of the hearing – but it’s still looming out there. If you were one of the 126K+ drive-through voters, you can add yourself to the lawsuit as an intervenor, and put your experience on the record. Just fill out this form – quickly, the hearing is at 10:30 as noted – and you’ll have done your part. Here’s hoping. The Statesman has more.

UPDATE: From Twitter:

The attached brief is custom-made to convince a partisan Republican judge to throw out the plaintiffs’ petition. Let’s hope this helps.

Hotze and Woodfill take their fight against drive-thru voting to federal court

Just another quiet Saturday…

Mark can be a bit of an alarmist, but that doesn’t mean he’s wrong. For what it’s worth, Rick Hasen thinks this suit is without merit, though again worth worrying about given the deranged nature of parts of the federal judiciary these days.

Mark Stern flagged this new lawsuit filed in federal court which seeks to throw out over 100,000 ballots cast by Harris County, Texas voters who voted using drive-thru voting in Texas. There was an earlier lawsuit in state court seeking to block this means of voting on grounds that it purportedly violated Texas law, but the Texas Supreme Court rejected that claim. This new lawsuit is making the same novel claims under the “independent state legislature” doctrine that any actions by any state court or state agency not specifically authorized by the legislature is an unconstitutional usurpation of the legislature’s power. It’s this same audacious and unproven theory that formed the background for the outrageous 8th Circuit order this week over segregating ballots in Minnesota. The lawsuit has been assigned to Judge Hanen (a judge who had struck down all of Obamacare at one point before being reversed), who has already scheduled a hearing.

On the merits, this case should be a sure loser, but given how crazy things are getting in the federal courts these days, I cannot be 100 percent confident in my predictions. Here are some of the reasons this suit should be thrown out decisively

You can click over and read Hasen’s reasons, and you can read these threads by law professor Michael Morley and Buzzfeed News reporter Molly Hensley-Clancy for more reasons. You should also remember that at the end of the day, Jared Woodfill is a complete moron, and anything that relies on his legal acumen is likely to fall well short of the mark. Again, that doesn’t mean that a pliant federal judge won’t give him what he wants. It just means that would be the only reason why he’d succeed. Democracy Docket has intervened, and Josh Marshall, whose post alerted me to Mark Joseph Stern’s tweets, has more.

In the meantime, the State Supreme Court will also be dealing with this tomorrow.

The Texas Supreme Court drew alarmed attention Friday after directing Harris County to respond to a petition that seeks to invalidate more than 117,000 votes cast in drive-thru lanes.

The court’s interest came as an unwelcome surprise to voting advocates and Harris County officials who were banking on a quick dismissal of the petition, filed by two GOP candidates and a Republican member of the Texas House.

[…]

The petition — filed by state Rep. Steve Toth, R-The Woodlands, GOP activist Steven Hotze and two Republican candidates in Harris County — argued that drive-thru voting is an illegal expansion of curbside voting, which state law reserves for voters who have an illness or disability that could put them at risk if forced to enter a polling place.

The court responded by giving Harris County until 4 p.m. Friday to file a legal brief responding to the petition, raising fears that the Supreme Court was giving consideration to tossing out tens of thousands of ballots.

However, it takes only one justice on the nine-member court to request a response to a petition, and there is no way of knowing how many justices were interested in Harris County’s response because the court does not disclose that information.

In addition, before tossing out the votes, the court would have to acknowledge that 117,000 Harris County voters had visited a drive-thru polling site by Thursday night, including more than 42,000 drive-thru votes that were cast since justices first had a chance to stop the practice a week earlier but did not.

In a memo prepared for Harris County on the issue, noted Austin lawyer C. Robert Heath said the bid to void drive-thru votes faces the daunting challenge of overcoming a key legal supposition — that state laws are to be interpreted in favor of preserving the right to vote.

“If a court or other authority were to decide to invalidate those votes, it would require ignoring or overruling more than a century of Texas law,” Heath concluded.

In the brief requested by the Supreme Court, Harris County lawyers argued that there is nothing illegal about drive-thru voting, nor can votes cast that way be considered illegal.

“Uncountable votes are those that resulted from clear fraudulent behavior,” they argued. “There is nothing about an eligible voter casting an in-person vote from their car that renders their vote illegal, fraudulent, or not countable.”

The brief argued that drive-thru voting is just another polling choice with a different structure. Vehicles enter the voting area, typically a large individual tent, one at a time. A clerk checks each voter’s photo ID and has them sign a roster before handing over a sanitized voting machine.

More importantly, the county said, drive-thru voting was approved by the Texas secretary of state’s office before being adopted and was used, without objection, in the July primary runoff election.

Reform Austin also covered this, with a focus on Harris County’s response, so go check that out. This is another reason why we need comprehensive legislation, at both the state and national levels, to clarify, affirm, and assert the right to vote, and to explicitly ratify different methods to expand voting access. If nothing else, that is needed to ward off future bullshit lawsuits like these.

As for this one, I maintain my belief that SCOTX is unlikely to do anything radical. You are free to freak out as you see fit over either of these.

UPDATE: Here’s the Chron story on this.

UPDATE: If you participated in drive-through voting and want to intervene in this federal lawsuit, fill out this form.

November 2020 Early Voting Day Eighteen: Records were broken

I know, I skipped Day Seventeen, but since the daily EV totals came in at a more manageable hour last night (since early voting once again ceased at 7 PM), I was able to get the latest totals in.

So Thursday was our first ever (but hopefully not last) experience with 24-hour voting. How did it go? Let’s start with a tweet to illustrate:

It was just before 10 PM that Harris County officially set a new record for election turnout.

Harris County on Thursday broke its all-time voter turnout record with one day of early voting remaining, the Harris County Clerk’s Office announced on Twitter.

The office had not released the early voting numbers as of press time. Eight polling locations remained open overnight into Friday.

[…]

Harris County Clerk Christopher Hollins created an ambitious $27 million election plan for this year, making several changes that include nearly tripling the number of early voting sites, adding drive-thru voting, sending mail ballot applications to all registered seniors and hiring more than 11,000 poll workers.

Those additions also included a 24-hour voting period from Thursday to Friday — a gesture that experts characterized as largely symbolic.

“Even if they net only a few voters, it speaks volumes about the clerk’s commitment to making voting easy to everyone,” said University of Houston political scientist Brandon Rottinghaus.

You can call it symbolism if you like, but that commitment really matters. We should have at least one all-night voting option in every election going forward, and Harris should not be the only county doing it.

The rest of the state is voting heavily, too.

The number of voters who cast ballots in the Texas early voting period this year has now surpassed the total number of people who voted in all of 2016.

Through Thursday, 9,009,850 have voted so far this year, with one day of early voting left. That amounts to 53% of registered voters. In 2016, 8,969,226 Texans cast a ballot in the presidential race. Texas has added 1.8 million registered voters since the 2016 election, and overall percentage turnout is still below 2016’s turnout of 59.4%.

By the time all the Election Day votes and mail-in ballots are counted, Texas will likely hit record-breaking turnout levels this election, surpassing 60% of registered voters for the first time since the early 1990s. The surge in votes is in part due to high turnout during early voting and increases in registered voters in Texas’ growing urban and suburban counties. But other factors of timing are also at play.

At Gov. Greg Abbott’s order, Texas voters received an extra six days of early voting in hopes that the polls will be less crowded during the ongoing coronavirus pandemic. The added time, coupled with a push from leaders in both parties for Texans to cast their ballots early, could be a reason for a boost in early turnout so far, experts say.

All true, but some places have been doing more early voting than others.

Let’s see where we wound up, and we’ll take some guesses about where we’re headed. The Day Eighteen daily EV totals are here. You can find the daily totals for 2008 and 2012 (and 2016 as well, but I’ve got a separate link for it) here, for 2016 here, and for 2018 here. Let’s put this baby to bed.


Election     Mail      Early      Total
=======================================
2008       52,502    678,312    754,499
2012       66,310    700,216    766,526
2016       94,699    882,580    977,279
2018       89,098    766,613    855,711
2020      170,410    709,428    879,838

As a reminder, I’m just comparing the last two weeks of 2020 early voting to the two weeks of early voting in other years. There were another 554K in-person ballots cast before the starting point of this table. The mail totals are up to date. It’s a little confusing, I know, but it was impossible to make a direct comparison otherwise.

Also as a reminder, the mail vote totals here are the totals through the last day of early voting. More mail ballots come in over the weekend and till Tuesday, so the final tally for mail ballots that you see on the Election Night returns are higher. That will be the case this year as well. As of Friday, 68.0% of all mail ballots have been returned. We might get to 70% by Tuesday, which all things considered would be pretty good.

I vividly remember how dumbfounded we all were with the 2008 early voting totals. Early voting was still relatively new in 2008, and up till that point it was still the case that most actual voting happened on Election Day. That led to some pretty wild projections of final turnout for 2008, all predicated on the belief that only half of all the people who were going to vote had voted. As you may imagine, that turned out to be wrong, and this was the beginning of the period when we came to expect most of the voting to happen before Election Day. (Note that for lower-turnout odd-year municipal elections, it is still the case that most voting happens on Election Day.)

There’s a bit of a 2008 feel to this election, both in terms of (mostly Democratic) enthusiasm, but also for the “we’ve never seen anything like this before” sensation. I won’t argue with anyone who thinks turnout will be less than usual on Election Day, but what might we expect? Here’s how our comparison elections have gone:


Year     Early    E Day  Early%
===============================
2008   746,061  442,670  62.76%
2012   775,751  427,100  64.49%
2016   985,571  353,327  73.61%
2018   865,871  354,000  70.98%

“Early” counts mail and early in person votes. Again, remember that these are now the final mail totals, which include the ones that came in after the last day of early voting. Going by this, you might expect between 25 and 30 percent of the vote to happen on Tuesday. I can be persuaded that the range for this election is more like 20-25%. That’s still another 300K votes or so, which is consistent with 2016 and 2018


Vote type       Mon     Tue     Wed     Thu     Fri     Week
============================================================
Mail          6,407     569   4,652    5,460  3,572   20,660
Drive-thru    5,448   6,145   6,403    7,873  9,564   35,433
In person    46,727  50,746  50,726   61,301 77,170  286,670
Total        58,582  57,460  61,781   74,634 90,306  342,763

Vote type     Week 1    Week 2    Week 3      Total
===================================================
Mail          75,504    74,246    20,660    170,410
Drive-thru    54,105    39,264    35,433    128,802
In person    499,099   348,227   286,670  1,133,096
Total        628,708   461,737   342,763  1,435,221

My totals have the same math error in them from yesterday, which happened sometime this week, so while the final Mail and Total vote type values are correct, they don’t add up if you do the sums yourself. This is the peril of adding up the Drive-thru totals manually and subtracting them from the Early values to present them as two separate entries. I somehow managed to avoid screwing that up until Wednesday or so, and now I can’t make them balance. It is now my mission in life to get our new Elections Administrator to provide these subtotals going forward and spare me this shame.

My thoughts on final turnout haven’t changed. Assuming the early plus mail vote is 80% of final turnout, then we will see about 360K voters on Tuesday, which gets us up right to 1.8 million, or close to 75% turnout overall. Even if you think we’re at 85% of final turnout, we’re still talking almost 1.7 million voters, which is about 68% turnout. Hell, we’re already at 58% turnout for the county. People have shown up to vote, bigtime.

Here’s the Derek Ryan email for Thursday.

Yesterday, Texas surpassed the total turnout from the 2016 General Election. A total of 9,033,154 people have voted through yesterday. In 2016, 8,969,226 people voted. That is impressive, but Texas’ population has grown and the number of registered voters has grown as well, so it’s not surprising that the number of people who vote has increased. What amazes me even more is that we’re at 53.3% turnout. If 500,000 people end up voting today (we’ve averaged 512k each day), that would put turnout at 56.2%. The total turnout percentage in 2016 was 59.4%. We could end early voting only three percentage points away from matching the 2016 turnout percentage.

So, yes, I am still of the belief that we will surpass 12 million voters / 73% turnout. If I’m wrong, you have my permission to withhold payment for providing these daily reports. If I’m right, feel free to create a GoFundMe account to raise funds to send me to Las Vegas where I can put my prediction skills to real work.

There are still 3.6 million registered voters who voted in at least one of the last four General Elections (2012, 2014, 2016, and/or 2018) who have NOT voted yet.

Voters who have most recently voted in a Republican Primary have a 400,000 vote advantage over voters who have most recently voted in a Democratic Primary, but that advantage pales in comparison to the 4,182,000 people who have voted early and have no previous Republican or Democratic Primary election history.

Let’s talk about that 4.1 million number for moment. The presidential and statewide campaigns likely have modeling data they use to determine who these people are and who they likely voted for. I can’t provide that sort of detail. What I can provide is a breakdown of this group based on how their precinct has performed in the past. Of the 4.1 million voters without primary history, 1.7 million live in precincts which typically vote 60%+ Republican; 1.2 million live in precincts which typically vote 60%+ Democratic; and 1.2 million live in precincts in the 40% – 59.9% range. Naturally, there are Democrat voters who live in Republican precincts and Republican voters who live in Democratic precincts, so it is important to note that this isn’t a precise measure for determining any outcomes. What it can provide us is an idea as to where these voters are coming from within the state.

The full report is here. I’ll append the final email when I get it. I may have some further thoughts about this EV process before Tuesday. I hope you’ve enjoyed this trip through the data.

Meet your new Election Administrator

Solid choice.

Isabel Longoria

The Harris County Elections Commission on Friday appointed Isabel Longoria as the county’s first election administrator, who will assume the voter registration and election management duties that currently fall to the county clerk and tax assessor-collector.

Longoria, a 32-year-old currently serving as a special adviser to the county clerk on voting rights, will lead the new elections administration office created by Commissioners Court in July. Most of the large urban counties in Texas already had adopted the administrator model, which allows one official to be responsible for all election-related duties.

County Clerk Christopher Hollins, who is running the current general election, will step down from his role next month. He previously told the Chronicle he had no interest in the administrator job.

[…]

An obscure five-member body called the county election commission selected Longoria on a 3-2 vote. County Judge Lina Hidalgo, Hollins and Harris County Democratic Party Chairwoman Lillie Schecter voted in favor; Harris County Republican Party Chairman Keith Nielsen and Tax Assessor-Collector Ann Harris Bennett were opposed.

Nielsen and Bennett previously had objected to appointing an elections administrator who is not accountable to voters.

Harris County will still have an elected county clerk and tax assessor-collector. However, they no longer will be responsible for any election-related duties. Historically, the roles were bifurcated because the tax assessor until the 1960s was responsible for collecting a poll tax.

See here for the background, and give my interview with Commissioner Ellis a listen to understand why he pushed for this. I was at best ambivalent about the idea, but he did a lot to persuade me. Picking Isabel Longoria, who is smart and accomplished and will for sure be a force for good with respect to voting rights and expanding access to the vote, does even more. I know that the ideal was to have someone in place before the election, so that person could get familiar with Harris County’s elections operations, but Longoria is already there, so that’s also a plus. Here’s an interview I did with Longoria last year when she was a candidate for City Council District H. I think she’ll do a great job, and I have high expectations.

One last, desperate attempt to kill drive-though voting

These guys really suck. Not much more can be said.

A new challenge to Harris County’s drive-thru voting sites, filed by two GOP candidates and a Republican member of the Texas House, asks the state Supreme Court to void ballots “illegally” cast by voters in cars.

That could put more than 100,000 ballots at risk, drawing sharp criticism from Democrats and raising fears among voters, including those with disabilities and others who were directed into drive-thru lanes as a faster method of voting.

[…]

One of the unsuccessful challenges was filed by the Republican Party of Texas. The second was from the Harris County GOP, activist Steven Hotze, and Sharen Hemphill, a GOP candidate for district judge in Harris County. Neither petition sought to void votes.

That changed with the latest petition filed shortly before 11 p.m. Tuesday by Hotze, Hemphill, GOP congressional candidate Wendell Champion, and state Rep. Steve Toth, R-The Woodlands.

The new petition asks the all-Republican Supreme Court to confiscate memory cards from voting machines at drive-thru locations and reject any votes cast in violation of state election laws.

The petition argues that drive-thru voting is an illegal expansion of curbside voting, which state law reserves for voters who submit a sworn application saying they have an illness or disability that could put them at risk if forced to enter a polling place.

“Hollins is allowing curbside/drive-thru voting for all 2.37 million registered voters in Harris County. This is a clear and direct violation of his duties,” the petition argued.

But Hollins has said drive-thru voting is just another polling place with a different layout and structure, and that it was approved by the Texas secretary of state’s office before being adopted.

Vehicles form lines and enter the voting area one at a time, where a clerk checks each voter’s photo ID, has them sign a roster and hands over a sanitized voting machine. Voting typically takes place in large individual tents, and poll watchers can observe the processing of voters no differently than in traditional voting locations, Hollins has argued.

See here for the previous entry. As I said yesterday, I just don’t believe the Supreme Court will do this. It’s such a drastic step to take, it’s punitive towards a lot of voters who had every reason to believe they were doing something legal, it would be an enormous partisan stain on the court and the justices, four of whom are on the ballot themselves, and as I said if the court felt such an outcome was in play, they could have clearly signaled it earlier to minimize the effect on the voters. Maybe I’m naive, or willfully blind. This just seems like a bridge way too far. I guess we’ll find out.

November 2020 Early Voting Day Sixteen: All through the night

This post is scheduled to publish before 5 AM today. When that happens, voting will still be happening in Harris County.

In Harris County this year, residents can vote where the Rockets or Texans play, from the comfort or their cars, or on Sundays. And on Thursday, they can vote at any time of day.

The County Clerk on Thursday will leave eight early voting sites open for 24-hours, an effort to make voting easier for residents who may have non-traditional schedules or who may be eager to avoid lines.

“Whether you’re a first responder who clocks in and out at 5 a.m., a medical professional working to save lives around the clock, someone keeping shelves full at grocery stores, or a shift worker keeping our port running, we want to give you the opportunity to cast your vote at a time that is convenient for you and four family,” Harris County Clerk Christopher Hollins said in a statement.

The 24-hour option is one of several innovations in Hollins’s ambitious $27 million election plan for this year; others include nearly tripling the number of early voting sites, drive-thru voting, sending mail ballot applications to all registered seniors and hiring more than 11,000 poll workers.

And as I have said before, this is absolutely a thing we should make standard going forward. Massive kudos to Chris Hollins for his innovative thinking, which has made voting in Harris County so much better.

I’d say this deserves a video:

Maybe even two:

The Day Sixteen daily EV totals are here. You can find the daily totals for 2008 and 2012 (and 2016 as well, but I’ve got a separate link for it) here, for 2016 here, and for 2018 here. I’m just going to keep on keeping on with the pretense that early voting actually began last Monday, except with 628K votes already in the bank. The first table is totals for the “normal” early voting time period for each year.


Election     Mail      Early      Total
=======================================
2008       49,558    513,888    563,446
2012       61,972    549,816    611,788
2016       89,271    700,697    789,968
2018       81,609    605,851    687,460
2020      161,378    553,520    714,898

There were 61K votes on, with 4,652 of them coming by mail, making Wednesday busier in person and back to normal for mail. At that same level for Thursday and we’ll be close to 2016 final turnout, and at that same level for both Thursday and Friday and we’ll approach 1.4 million for the EV period. I’ll bet the over for each.


Vote type       Mon     Tue     Wed     Thu     Fri     Week
============================================================
Mail          6,407     569   4,652                   11,628
Drive-thru    5,448   6,145   6,403                   17,996
In person    46,727  50,746  50,726                  148,199
Total        58,582  57,460  61,781                  177,823

Vote type     Week 1    Week 2    Week 3      Total
===================================================
Mail          75,504    74,246    11,628    161,378
Drive-thru    54,105    39,264    17,996    111,365
In person    499,099   348,227   148,199    995,525
Total        628,708   461,737   177,823  1,268,268

I’ve screwed up somewhere in my separation of the drive-through vote from the non-drive-through in-person vote, and as a result my tally is 2,013 less than what shows up on the daily sheet, which has 1,270,281 total votes. I can’t figure it out, but it’s not worth worrying about at this point. If Thursday is even slightly better than Wednesday, we’ll equal 2016 total turnout. I think we’ll make it to 1.4 million by 7 PM tomorrow, but if not we’ll be pretty close.

Here’s the Derek Ryan email.

We have officially surpassed 50% turnout. Through yesterday, 8,525,424 Texans have voted early. It was pointed out to me by The Texas Tribune’s Evan Smith that when we look at the numbers through today (tomorrow’s report), we will have surpassed the total number of people who voted in the 2016 General Election.

As a reminder, there are still four million voters who have voted in a previous General Election who have NOT voted yet. A few weeks ago, I said we would probably get to 12 million votes cast. I’m feeling a little bit better about that prediction.

Have you voted yet?

UPDATE: We made it to the 2016 final turnout level, on Thursday night just before 10. Here’s the press release. I’ll report on the final Thursday numbers tomorrow, and the final EV numbers on Sunday.