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Hidalgo County

More early data from State Rep districts

From Derek Ryan on Twitter:

Couple of things, as we wait for the rest of the data – I hope to get at least a draft canvass from Harris County soon, and may look at some other counties’ data as I can; the full state data will likely be published in March or so.

– I have covered some of this, all from Harris County. Ryan’s data is around the state.

– I previously noted that HDs 31 and 74 were pretty purple already; I would expect HD34 to join them when that data is available. I should note that despite those Trump numbers, the Dems in those districts did just fine – Rep. Ryan Guillen won HD31 with 58%, Rep. Abel Herrero took HD34 with over 59%, and Eddie Morales won the open HD74 with 54%. If we’re going to argue that Democrats were too ambitious in 2020 – I would not make that argument, but I have seen others at least suggest it – then one might also argue that Republicans were not ambitious enough.

– I have no doubt that Republicans will take these numbers under serious consideration, and I won’t be surprised if they try to draw another Republican-friendly district in the Valley, to accompany HD43.

– Which doesn’t mean they’ll succeed. Someone reminded me on Twitter that Cameron County voted for George W. Bush in 2004. He also got almost 45% in Hidalgo County, and almost 57% in Nueces County. Republican Presidents running for re-election have done well in South Texas before. Perhaps we all forgot about that. We know now that was not the start of a trend.

– That said, I believe that a county or district electing a candidate from one party while supporting Presidents and Senators from another party is an unstable situation, one that sooner or later topples over. See: all of the rural districts that used to elect Democrats to Congress and the Lege while voting 60-70% Republican otherwise, and Sarah Davis in HD134. If statewide Dems do well in these districts again in 2022 and 2024, we can go back to thinking of them as blue. If not, then we do indeed have a whole new ballgame.

(The same is true, of course, for the urban/suburban districts that Republicans won but Biden carried. In those at least we have more than one election’s worth of data to contemplate.)

– And again, we should remember that the Biden/Trump numbers are just one data point. As noted, it’s entirely possible in some of these districts that Trump’s numbers will be well above, or well below, the norm. We’ll need to consider the entire range.

– The implied question in all of this is, what does this data mean for 2022? The answer is, we just don’t know. We haven’t had two elections in a row that looked the same in this state. There are plausible scenarios that make 2022 potentially good for Dems, and that make 2022 bad for Dems. Hard to believe, I know, but we have to let the things happen that will affect those possible outcomes.

More to come as we get more data. Reform Austin is also on this.

So what happened in the Latino counties?

Let’s go to the data:


County       Trump  Clinton    Trump    Biden
=============================================
Bexar      240,333  319,550  303,871  440,823
Cameron     29,472   59,402   48,834   63,732
Dimmit         974    2,173    1,384    2,264
El Paso     55,512  147,843   81,235  168,801
Frio         1,856    2,444    2,812    2,421
Hidalgo     48,642  118,809   89,925  127,391
Jim Hogg       430    1,635      831    1,197
Jim Wells    5,420    6,694    7,077    5,094
Maverick     2,816   10,397    6,881    8,324
Nueces      50,766   49,198   64,467   60,749
Presidio       652    1,458      721    1,463
Starr        2,224    9,289    8,224    9,099
Webb        12,947   42,307   18,985   32,442
Willacy      1,547    3,422    2,437    3,097
Zapata       1,029    2,063    2,032    1,820
Zavala         694    2,636    1,490    2,864

Total      453,643  779,320  641,116  931,555

County      Trump% Clinton%   Trump%  Biden%
============================================
Bexar        42.9%    57.1%    40.8%   59.2%
Cameron      33.2%    66.8%    43.4%   56.6%
Dimmit       31.0%    69.0%    37.9%   62.1%
El Paso      27.3%    72.7%    32.5%   67.5%
Frio         43.2%    56.8%    53.7%   46.3%
Hidalgo      29.0%    71.0%    41.4%   58.6%
Jim Hogg     20.8%    79.2%    41.0%   59.0%
Jim Wells    44.7%    55.3%    58.1%   41.9%
Maverick     21.3%    78.7%    45.3%   54.7%
Nueces       50.8%    49.2%    51.5%   48.5%
Presidio     30.9%    69.1%    33.0%   67.0%
Starr        19.3%    81.7%    47.5%   52.5%
Webb         23.4%    76.6%    36.9%   63.1%
Willacy      31.1%    68.9%    44.0%   56.0%
Zapata       33.3%    66.7%    52.8%   47.2%
Zavala       20.8%    79.2%    34.2%   65.8%

Total        36.8%    63.2%    40.8%   59.2%

Webb County totals are early voting only – they have taken their sweet time getting those results. I have no prescriptions to offer, and even if I did, I’d be the wrong person to listen to for them. I’m just reporting what happened. As others have observed, in some counties Biden met or exceeded Hillary Clinton’s numbers from 2016, but Trump greatly increased his numbers from that election. You may recall that in the last NYT/Siena poll, Nate Cohn observed that higher turnout, at least beyond a certain point, didn’t actually benefit Biden, because sufficiently high Latino turnout wasn’t in his favor. Starr County was a particularly shocking example of that, but we see that in some larger counties like Hidalgo and Cameron, and to a lesser extent El Paso as well. In some counties – Maverick, Jim Hogg, Jim Wells, Willacy – it appears some Clinton voters may have switched to Trump, or not voted while non-participants from 2016 came in. Bexar County was the only clear improvement for Biden. If you had to pick only one county for that, Bexar would be the one, but there’s only so much it can do.

You can look at this two ways. Hillary Clinton netted 346K votes, while Biden netted 290K. That’s not all that much, but there’s the ground we could have gained given the higher turnout as well as the ground we lost. If Biden had performed at exactly the same level as Clinton, he’d have netted 415K votes. Adjust the final score to account for that, and Biden would have lost by four and a half points, instead of almost six. Wouldn’t have mattered in this case, but it wouldn’t have taken much. Plus, you know, better to make your task easier rather than harder.

Like I said, I have no solutions to offer. Plenty of smart people have plenty of ideas, and quite a few of them were raising issues before the election. Might be a good idea to listen to them. All I’m saying is that whatever happened here, it wasn’t what we wanted. If we want to avoid a repeat, we better get to work.

Hollins asks for some slack on when mail ballots are received

From the inbox:

Chris Hollins

On Wednesday, August 19, 2020, Harris County Clerk Chris Hollins sent a formal request to Governor Greg Abbott requesting that Governor Abbott extend the deadline by which county election administrators can receive mail ballots. The deadline for most mail ballots is currently either 7:00 p.m. on Election Day (November 3) or, if postmarked by Election Day, 5:00 p.m. the day after Election Day (November 4). To alleviate Harris County residents’ fears after recent news coverage detailing expected delays from the United States Postal Service, the Harris County Clerk’s Office seeks to extend the deadline by which all mail ballots postmarked on or before November 3 may be received by election officials to at least Monday, November 9, 2020 –– the same deadline that currently exists in Texas for military voters.

“This November, we are predicting record voter turnout, and my office is receiving thousands of vote-by-mail applications,” said Harris County Clerk Chris Hollins. “As the situation stands now, a mail ballot postmarked on Election Day is unlikely to be received in our office the following day. We know that voting by mail is the safest way to vote ––I hope that the Governor accepts this request to avoid disenfranchising thousands of Harris County voters due to mail delays beyond our control.”

He tweeted about this as well. Given the great uncertainties caused by the ongoing sabotage of the postal service, it makes all kinds of sense to allow ballots that were postmarked by Election Day be received up to the statutory deadline for military and overseas ballots. You know how every time there’s a really close election and a call for a recount, they wait a few days until military and overseas ballots are all in? That’s because the election isn’t really over until that happens. If we’re waiting for those ballots anyway, why not wait for the likely small number of non-military or overseas ballots that may have gotten delayed in delivery? Especially this year, of all years.

Among other things, that would make life a lot easier for local election officials.

Data gathered by the Tribune from nine major counties — Harris, Tarrant, Bexar, Travis, Collin, Denton, El Paso, Fort Bend and Hidalgo — showed that at least 2,639 of 198,947 votes cast by mail-in ballot [in the July elections] went uncounted. (Dallas County did not provide data.) Some were derailed by mistakes, like returning ballots without a signature. But Harris County alone accounted for 2,034 ballots that weren’t counted based on tardiness. Overall, at least 2,155 ballots went uncounted because they arrived too late.

For most people voting absentee, Texas counties must receive completed ballots by Election Day. If they’re postmarked by 7 p.m. that day, they’ll be counted if they come in the next day by 5 p.m. The U.S. Postal Service recommends that Texans ask for mail-in ballots no later than 15 days out from that due date. But state law allows voters to request the ballots up until a week and a half before Election Day, so some may not receive their ballots until it’s too late to mail them back in time.

The misalignment between the state’s deadlines and USPS processes is hardly novel, but the ill-matched timelines will be newly tested this general election as more Texans are expected to try to vote by mail to avoid the health risks of voting in person. At the same time, a troubled U.S. Postal Service is facing cost-cutting measures and ensuing mail delivery delays.

Although they represent a small sample in a low-turnout election, the mailing woes that kept voters from being heard in the July runoffs are spurring local election officials and voting rights advocates to work to minimize similar problems come November.

“What we have been telling voters is that [voting by mail] is the safest and most secure way to vote, period, in a global pandemic,” said Ali Lozano, voting rights outreach coordinator with the Texas Civil Rights Project. But some local officials “are fully aware that they have to do something because there is just no possible way they can maintain the same infrastructure and handle the inevitable influx of ballots they’re going to get.”

During the runoffs, the state’s deadline for requesting mail-in ballots — 11 days out from Election Day — left a troop of Harris County election workers, including County Clerk Chris Hollins, working furiously on the Sunday of July Fourth weekend to send ballots to the last of the voters whose applications had come in.

The county had been told by the U.S. Postal Service that Texans hoping to have their votes counted should send back their completed ballots at least one week before the state’s deadline for accepting mail-in votes. On that timeline, the Harris County voters whose applications for ballots were being processed that Sunday would possibly end up receiving their ballots on the same day they were already supposed to be on their way back to the county. And that was under the best-case scenario.

“We were well ahead of the cutoff legally, but in a COVID scenario, meeting the legal deadline is not helpful to voters,” Hollins said. “It leaves them very much in a pinch.”

[…]

Harris County’s to-do list for November includes purchasing more mail-sorting equipment and hiring hundreds of temporary workers who will be solely focused on processing voting-by-mail applications and ballots. Harris County posted voting-by-mail numbers in a typically small runoff election approaching general election figures, Hollins said, and the county will continue to encourage eligible voters to use the vote-by-mail option in the fall. With thousands of ballot styles to draw up for the general election, the complex endeavor requires ballot requests to be processed by hand.

The runoff election “was taxing on our system, so thinking about an election that’s going to be seven or eight times larger than that in the fall, our operation has to be seven or eight times larger,” said Hollins.

But not all Texas counties can attain that sort of exponential growth. In the mostly Republican county of Aransas — population 24,763 — the elections department is typically a two-person office. During the March primary, it took Election Administrator Michele Carew and her deputy eight days to get through mail-in ballot requests from Republican voters while still preparing for in-person voting.

Aided by the election funding her county received through the federal coronavirus relief package, Carew hired an election worker solely dedicated to mail-in ballots. But Aransas is facing a continuous stream of applications that will need to be fulfilled while the county prepares to manage six extra days of early voting that Gov. Greg Abbott ordered for the fall.

“Every day, we get up to a dozen requests,” Carew said. “Before, it used to be far and few between.”

Neither Abbott’s office nor the Texas secretary of state’s office responded to questions on what guidance the state is providing to local election officials on handling the dueling deadlines.

Big surprise there. This would be a small change, it would likely affect a small number of ballots, and it would make the system fairer and easier for the people who run it to operate. Seems pretty straightforward to me.

Masks up

We solved Greg Abbott’s riddle, so all is well now, right?

With Gov. Greg Abbott’s apparent blessing, Bexar and Hidalgo counties have imposed a new mask rule for local businesses, saying they must require employees and customers to wear masks when social distancing isn’t possible. The move appears to open a new way for local officials to require mask use in certain public spaces after Abbott stymied prior efforts by local officials to put the onus on residents.

Bexar County Judge Nelson Wolff’s and Hidalgo County Judge Richard Cortez’s orders comes after Abbott issued an executive order June 3 banning local governments from imposing fines or criminal penalties on people who don’t wear masks in public.

Wolff’s order states that, starting Monday and running through the end of the month, businesses in Bexar County must require face masks “where six feet of separation is not feasible” before the business risks facing a fine of up to $1,000. Cortez’s order states businesses in Hidalgo County will risk being fined starting Saturday and will remain in effect until further notice.

The orders also state that, consistent with Abbott’s executive order, “no civil or criminal penalty will be imposed on individuals for failure to wear a face covering.” Later in the day, San Antonio Mayor Ron Nirenberg signed an update to his emergency health order to express support for and adopt Wolff’s order, saying that, as the number of coronavirus cases increase in the city, “masks are our best line of defense.”

[…]

“I’m pleased that the Governor has changed his mind. I’m asking our county lawyers and business leaders to look at this and plan to make a proposal for the Commissioner’s Court to look at very soon,” Dallas County Judge Clay Jenkins said in a statement, who said he’s already looking into whether he’ll follow suit.

A spokesperson for Harris County Judge Lina Hidalgo said they are checking with the county attorney’s office on Wolff’s order, adding that “we’re not any safer today than we were in March. There is no vaccine. No cure. We remain very concerned about the trajectory of hospital admissions.”

Texas Attorney General Ken Paxton’s office had already warned officials in big cities, including San Antonio, to roll back “unlawful” local emergency orders that featured stricter coronavirus restrictions than those of the state, while hinting of lawsuits if they do not. Paxton’s office declined to comment on Wolff’s order Wednesday.

See here for some background. The city of Austin has already issued a similar order, and I figure it’s just a matter of time before Harris and Dallas and a bunch of other places follow suit. I feel confident saying that the wingnut contingent will not take this lying down, so the question is whether they fight back via Hotze lawsuit, or do actual elected Republicans with their own power and ambition like Ken Paxton get involved? And when they do, what inventive technique will Abbott find to shift the blame to someone else this time?

Primary precinct analysis: Who did what in the RRC race

The Railroad Commissioner primary was a bit like the Senate primary – multiple candidates (though not nearly as many), not a whole lot of money, but the candidate who did best in fundraising was also the leading votegetter. Here’s a look at the top 25 counties in terms of votes cast for the Railroad Commissioner’s race:


County    ALONZO   CASTAÑEDA    STONE   WATSON      Total
=========================================================
All        503,666   592,770  380,236  277,578  1,754,250
HARRIS      77,618    85,166   59,552   40,428    262,764
DALLAS      56,824    57,822   48,718   36,255    199,619
TRAVIS      30,199    97,284   37,641   20,290    185,414
BEXAR       50,228    62,708   22,880   16,583    152,399
TARRANT     35,318    36,767   28,238   25,021    125,344
COLLIN      15,227    22,793   18,487    9,250     65,757
EL PASO     25,353    21,426    6,750    7,065     60,594
FORT BEND   12,550    14,895   16,826   12,685     56,956
DENTON      10,804    21,541   14,966    6,851     54,162
WILLIAMSON  11,031    19,375   10,852    9,924     51,182
HIDALGO     24,057    15,382    6,617    3,699     49,755
CAMERON     11,849     9,267    3,691    3,558     28,365
WEBB        13,080     7,841    2,455    1,850     25,226
HAYS         5,161     6,451    6,152    4,059     21,823
MONTGOMERY   4,820     5,963    5,248    3,898     19,929
NUECES       7,364     5,914    3,146    2,424     18,848
BRAZORIA     4,643     4,659    4,961    4,502     18,765
GALVESTON    4,020     5,225    4,914    3,127     17,286
BELL         4,818     4,619    4,056    3,577     17,070
JEFFERSON    4,640     3,132    3,704    4,813     16,289
LUBBOCK      3,462     3,858    2,741    2,081     12,142
MCLENNAN     2,308     3,078    3,623    2,290     11,299
SMITH        2,536     2,512    2,466    2,985     10,499
BRAZOS       3,000     3,429    2,571    1,488     10,488
ELLIS        2,524     2,266    2,410    1,737      8,937

Chrysta Castañeda

Chrysta Castaneda, who led the pack with nearly 34% of the total vote, also led the way in 13 of these 25 counties, including the top six and eight of the top ten. That’s a pretty good recipe for success in the runoff as well. She led in Dallas County, which is the home of runnerup Roberto Alonzo, who represented a State House district in Dallas County for 26 years. Alonzo led in the five big predominantly Latino counties – El Paso, Hidalgo, Cameron, Webb, and Nueces – plus Bell and Ellis Counties. Castaneda leads Alonzo by five points going into the runoff, which is hardly insurmountable, and other than Travis County her lead over him in the biggest counties was small. I feel like Castaneda’s big lead in Travis County is a significant advantage for her for the runoff. It’s hard to project anything based on past primary runoffs because the data set is so small, but given that there will be a Senate runoff as well, and given that Travis County was also a strong performer for MJ Hegar, it could deliver a decent margin for Castaneda in May. If that happens, it may be hard for Alonzo to make up the ground elsewhere.

Of the other candidates, Kelly Stone led in Fort Bend, Brazoria, and McLennan Counties, while Mark Watson topped the field in Smith and Jefferson. There’s another similarity to the Senate race – everyone got to be a leader of the pack. I have no idea how their voters might go in the runoff – neither has made any endorsement, as far as I can tell, and in all honesty that likely would be just a marginal factor. Turnout always drops quite a bit in primary runoffs, and with the coronavirus situation happening now, who knows what effect that may have. I see Castaneda as the solid favorite in this race, but Alonzo can pull it off if he can get his own message out.

Primary precinct analysis: Everyone did something in the Senate primary

MJ Hegar

So while we wait for actual precinct data from the primary, I thought I’d take a look at some county-level data from the non-Presidential races, as they have the county-by-county breakdown on the SOS election night pages. The US Senate primary, with its twelve candidates overall and five topping ten percent seemed like a good spot to do a deeper dive. The main problem is just presenting that much data, as my usual style of doing a table of numbers isn’t going to work well – it’ll be much too crowded and will be hard to spot the interesting bits. So what I thought I’d try was to focus on the counties with the most voters, and to see who did the best in them. I put everything in a spreadsheet, and sorted by total number of voters for each county. I settled on the top thirty to report on, which gave me a good geographic spread and included some big counties that don’t have many Democrats and some smaller counties where nearly everyone voted Democratic. From there, I pulled out the five top performers in each county, to see what story that could tell me.

Rather than try to present that in some form of table here, which would have taken a lot of tedious text formatting on my part, I just put the result into its own spreadsheet, which you can see here. For each of these counties, I reported the top five candidates and gave their vote totals and vote percentage. The top five performers change from one county to the next, so the five selected are listed above each county’s numbers. I think it makes sense, but have a look and let me know if it’s confusing. I’m now going to summarize what I found from this exercise.

MJ Hegar finished first 15 times and second seven times. Only in Webb and Maverick counties did she not finish in the top five. She was especially strong in the Central Texas area as expected, but also finished first in places like Harris, Collin, Denton, Fort Bend, and Montgomery. To me, her performance versus everyone else’s is the difference between having a campaign that has sufficient funding to actually do advertising and other voter outreach, and not having it.

Sen. Royce West

Royce West finished first five times and second four times. He finished outside the top five ten times, including in such large counties as Bexar and El Paso. He won big in Dallas and won Tarrant, but he trailed Hegar in Collin and Denton and finished fifth in Travis. I’ll be honest, I’m not sure what his path to winning the runoff is.

Cristina Tzintzún Ramirez had five firsts (Bexar, El Paso, Cameron, Nueces, Brazos) and five seconds (Travis, Webb, Guadalupe, Maverick, Bastrop), but finished outside the top five ten times, including in places like Harris and Hidalgo where you’d think she’d have done better. She finished behind Sema Hernandez at least nine times, and behind Annie Garcia at least ten times. (I say “at least” because there were a few instances in which neither was in the top five, and I didn’t go back to see where they fell.) I thought Tzintzún Ramirez had the potential to be a force, and I still hope she runs for something in the future, but someone who can’t consistently top no-money, no-organization candidates like those two is not exactly encouraging. Tzintzún Ramirez was the Bernie candidate, and you have to ask what good that did her. Actually, if you’re a Bernie person, you really should ask why it is that the larger Bernie movement didn’t provide any noticeable fundraising support for her, and clearly didn’t give her much of a boost in the polls. If you want to see candidates like that actually win races, you really ought to think about those questions. She has endorsed Royce West in the runoff, but I’m not sure how much that will matter.

Did I mention that Annie Garcia, a candidate who had raised less than $22K as of February 12, finished fourth in this race, ahead of people who had run and won elections before like Chris Bell and Amanda Edwards? I have to think that being called “Annie ‘Mama’ Garcia” on the ballot probably helped her in places where people didn’t know that much about the slate. It also makes me wonder why she got to be “Mama” but Carole Keeton Strayhorn didn’t get to be “Grandma”. What exactly are the rules for that, anyway? Be that as it may, Garcia won Webb, Lubbock, and Maverick counties, while finishing second in El Paso, Williamson, Cameron, Hays, and Nueces. She finished in the money in 22 of the 30 counties, more than either West or Tzintzún Ramirez. If you had bet me that a month ago, you would have won my money.

Sema Hernandez won Hidalgo County and Chris Bell won Brazoria, so there are all your first place winners. Hernandez, for those few people who insisted her showing in 2018 made her a legitimate candidate this time around despite raising even less money than Garcia and failing to file any finance reports until Q3 this year, shows up in 18 of these 30 counties, but was mostly shut out of the top ten, finishing fifth in Harris, fifth in Bexar, and fourth in El Paso, failing to break ten percent in any of them. She did finish second in Brazoria County, while Bell was runnerup in Harris, Fort Bend, Galveston, and Lubbock. Amanda Edwards (Montgomery, Bell, Comal) and Michael Cooper (Jefferson) also had second place finishes. Edwards had ten third-place finishes, three fourths, and four fifths, while Cooper also finished fourth in Webb and Maverick, and fifth in Smith.

So that’s six candidates with at least one first place finish, and eight with at least one first or second place finish. Believe it or not, the other four candidates – go ahead, name them right now, I double dog dare you – also had at least one top five finish:

Victor Harris – Hidalgo County, third
Adrian Ocegueda – Cameron County, fifth
D.R. Hunter – Nueces County, fifth
Jack Daniel Foster – Maverick County, fifth

Let’s just say we’ll probably never have an election quite like this one again. I’ll have more of this analysis/trivia for you in the coming days. I’m still waiting for a canvass from Harris County.

Let’s talk turnout

Just a few random bits and pieces about turnout from the primaries. On the one hand, I think it’s great that Dems got the turnout that we did, in Harris County and around the state. On the other hand, I spent a lot of time pooh-poohing the notion that Republicans’ 1.5 million to 1 million advantage in the 2018 primaries didn’t mean anything for that November, and I’m not going to change that tune now that Dems outdrew them this March. Primary turnout and November turnout are two different things, so let’s appreciate the turnout we got this March on its own merits.

There were 2,076,046 votes cast for Democratic presidential candidates, and 2,008,385 votes cast for Republicans. The crappy election night results pages do not break these out by vote type, so I can’t tell you how many early or mail votes were cast for each candidate, which also means I can’t tell you what Election Day overall turnout looked like compared to early voting for each party. I can give you that picture for Harris County:


Year    Mail    Early    E-Day  E-Day%
======================================
2008   9,448  169,900  231,560   56.4%
2010   7,193   33,770   60,300   59.5%
2012   8,775   30,136   35,575   47.8%
2014   8,961   22,727   22,100   41.1%
2016  14,828   72,777  139,675   61.5%
2018  22,695   70,152   75,135   44.7%
2020  26,710  114,501  180,692   56.1%

Final Harris County turnout for Dems 321,903, and for Republicans 192,985. Well short of 2008, and thus of my own projections, but still pretty darned strong.

Of some interest is turnout in other counties, though again that is not to be mistaken for a deeper meaning about November. Be that as it may, Democrats saw a lot more action in the suburbs.

Democratic primary turnout was up 59% across metropolitan Dallas-Fort Worth.

OK, so the region probably isn’t flipping blue anytime soon, not with Republicans in power and an incumbent president and U.S. senator up for re-election this fall.

But something unusual is happening.

In notoriously conservative Collin and Denton counties, Democrats doubled turnout and outvoted Republicans — in Collin, by 15,429 votes.

“I think the Democrats have been working real hard the last several years,” said Denton County Republican Chairman Jayne Howell, a rural Denton County realtor.
this huge Democratic turnout will wake some people up.”

Democrats saw hard-fought campaigns at the top of the ticket while Republicans only had to choose local nominees, so maybe the numbers aren’t surprising.

But overall, Democrats outvoted Republicans by 22% across the four core metropolitan counties, three of them traditionally solid red.

Republican turnout was down 43% from 2016, when the Ted Cruz-Donald Trump and Hillary Clinton-Bernie Sanders races ignited both parties.

Here are the Presidential numbers in select counties:


County        2016D    2016R    2020D    2020R
==============================================
Bexar       114,524  132,583  170,762   80,785
Brazoria     12,942   39,247   21,661   35,667
Collin       40,034  116,676   84,350   68,909
Dallas      159,086  175,122  231,688   83,304
Denton       32,506   96,060   67,092   66,621
El Paso      54,742   28,805   68,132   18,343
Fort Bend    39,206   68,587   69,540   57,212
Harris      222,686  327,046  321,903  192,985
Hidalgo      58,366   18,666   59,486   12,378
Montgomery   12,677   90,740   25,487   64,138
Tarrant     104,440  213,993  152,676  122,802
Travis      144,144   84,844  223,233   42,043
Williamson   31,141   67,392   60,677   43,868

Couple of points to note here. One is that Republicans really do get a lot of their strength in the smaller counties, since overall they had almost as many votes as Democrats in the primaries. Two, it’s very likely they didn’t have all that many races of interest, not just at the top but also fewer hot primaries for Congress, the Lege, and maybe county offices. Lots of things can drive turnout, and in their absence you mostly get the hardcore voters. And three, Travis County really punches above its weight. Respect, y’all.

I was to take a closer look at how the various candidates did around the state in future posts, but after a few minutes of poking through the Presidential numbers, I recognized it was pointless. The top counties by vote total for any candidate you looked at, from Biden to Tulsi, was basically just a recitation of the biggest counties. The best percentages for the non-Biden and Bernie candidates were generally in the very smallest counties – Bloomberg, for example, got 50% of the vote in King County. That represented exactly one vote out of two cast; Bernie got the other one. It just wasn’t worth a full post. I think there may be some more interesting info in the Senate race, but the SOS’ crappy election night returns site doesn’t have a county-by-county canvass yet. I’ll get back to that later, and of course after I get the canvass from our County Clerk, I’ll do my usual thing here as well.

Primary early voting: Comparing 2020 to 2016

The Chron looks into the early voting numbers around the state.

Experts cautioned that early voting data should be taken with a grain of salt — for one because the subset of people who vote early aren’t necessarily representative of the entire state.

Texans who vote early tend to be older, economically well-off and better educated and tend to live in urban and suburban areas as opposed to rural ones, according to a 2010 study by Austin Community College.

A lot could change by Super Tuesday, March 3 — in particular how South Carolina’s primary on Saturday might affect undecided Democratic voters in Texas. An untold number of Texans declined to vote early as they held out for those results; others who may not have voted otherwise may be spurred into action by a shift in the race.

“Let’s put it this way: So much happens every day in politics, voters want to wait until the last minute to decide,” Rottinghaus said. “So we could see turnout bigger on election day because you’re going to see more things happen between the end of early voting and election day.”

Voting has also become more accessible for a wider swath of Texans after four of the top five largest counties in 2019, including Harris and Bexar, moved to allow countywide vote centers, meaning polling places are open to all voters no matter where they live. That switch could also boost turnout.

Republican strategist Derek Ryan said the high numbers of voters casting Republican ballots early surprised him, especially with a noncompetitive presidential primary.

“There isn’t really anything necessarily motivating people at the top of the ticket,” Ryan said. “But turnout right now on the Republican side is above what it was in 2008 and 2012. It’s actually closer to what turnout was at this point in 2016 with a contested presidential primary.”

Ryan said he attributes that to the strength of Trump supporters who are “trying to send a message that they’re behind him,” as well as the number of competitive congressional races across the state.

While Democrats’ numbers are high, Ryan said he expected to see the presidential race propel even greater turnout, and he noted that they are still nowhere near the explosive turnout of 2008 when Barack Obama and Hillary Clinton were going head-to-head for the presidential nomination. That year, turnout in the primary was at about 23 percent for Democrats, with 2.8 million casting ballots, compared to about 11 percent for Republicans, or 1.3 million votes.

Rottinghaus, however, said that year may not be the best comparison point, considering that an unknown number of Republicans were said to have voted in the Democratic open primary as part of “Operation Chaos” to hurt Obama’s chances. Obama and Clinton were also much different candidates, both very well-known and with strong establishment support, compared with the assortment of candidates available to 2020 voters, he said.

With all due respect, I’m not sure how much stock I’d put in a 2010 study of early voting patterns, as we’ve had quite a bit more data since then. Remember, in the November 2008 election, projections of final turnout in Harris County and statewide were wildly optimistic because early voting wound up being a much bigger percentage of final turnout than expected, and that was because we had been used to it being a small share of the electorate. That’s no longer the case, though as we’ve discussed here which type of election it is factors greatly into the calculation. I would expect that a 2020 version of that 2010 study would find different patterns now.

As for the claims about Republican voting in the 2008 Democratic primary, surely by now we can approach a more objective answer to this question. How many people who had a previous Republican primary history but voted Democratic in 2008 then went on to vote in the Republican primary again, in 2010 or 2012? My guess is that it’s a relatively small number, but my point is that someone can actually calculate that number, so no one has to guess any more. In his final email on the primary early vote, Derek Ryan takes a crack at it. I think there’s still work to be done there, but at least he made the attempt, which I appreciate.

We know two things going into Tuesday. One is that overall, nearly as many people voted in the Democratic primary as the Republican primary: 1,085,144 on the Republican side and 1,000,288 Democratic, in each case with a few small counties not having reported yet. And two, where each party’s votes come from is very different.

Let’s take a closer look at that latter statement. Here’s how the top 15 counties performed in 2020 primary early voting:


County   Republican  Democratic
===============================
Harris      104,787     139,256
Dallas       40,996      94,048
Tarrant      68,485      69,508
Bexar        47,101      90,162
Travis       22,901     108,721
Collin       41,400      40,664
Denton       41,366      33,672
El Paso       9,119      33,071
Fort Bend    37,812      34,146
Hidalgo       7,093      46,327
Williamson   23,555      29,621
Montgomery   35,936      10,673

Total       480,551     729,869

Democrats got 73.0% of their total early vote from these big 15 counties. For Republicans, it was 44.3% from the big 15. That’s a significant difference, and I’d say a continuation of the trends we saw that began in 2016 and really blossomed in 2018 where the vote shifted very heavily in the cities and suburbs towards Democrats and in the rural areas towards Republicans. We don’t have early voting information for the other counties in 2016 so we can’t say how big this effect is for the primaries, but we certainly saw it in action in November of 2018.

Now here are the same top 15 counties in 2016:


County   Republican  Democratic
===============================
Harris      131,145      85,793
Dallas       64,274      57,436
Tarrant      95,088      44,308
Bexar        61,139      54,651
Travis       32,350      61,014
Collin       59,739      17,662
Denton       46,298      13,420
El Paso       8,242      17,799
Fort Bend    28,999      14,518
Hidalgo       9,542      43,458
Williamson   31,745      12,981
Montgomery   41,491       4,606

Total       610,052     427,946

It’s important to remember that Republican primary turnout in 2016 was 2.8 million, and for Democrats it was 1.4 million, so we should expect to see bigger Republican totals in almost any subgroup from 2016. To me, the most interesting bit is the big increases in Democratic early voting numbers in Tarrant and the big, historically red suburbs. I would not call what we are seeing here as a clear indicator of continued Democratic growth in these places, but it sure beats the alternative of being stagnant from 2016. I’ll take a much closer look at these numbers after the election.

For grins, I looked at nine more counties, mostly larger, mostly Republican though Dems made gains in 2016 and especially 2018. Many of these feature at least one competitive State House race for November. Here are the EV numbers for these counties in 2020:


County   Republican  Democratic
===============================
Brazoria     24,318      10,163
Nueces        7,865       9,531
Bell         10,964       7,668
Lubbock      18,848       7,047
McLennan     11,430       5,213
Hays          9,315      12,818
Brazos        8,333       4,571
Comal        12,156       4,879
Guadalupe     9,759       4,356

Total       112,988      66,246

Here are those same counties from 2016:


County   Republican  Democratic
===============================
Brazoria     18,313       4,882
Nueces       11,234      11,344
Bell         14,398       3,554
Lubbock      22,919       5,120
McLennan     12,282       2,624
Hays          9,213       6,629
Brazos        9,535       2,328
Comal        13,067       2,370
Guadalupe     8,704       2,321

Total       119,665      41,172

Again, some growth on the Democratic side, with a small decline for Republicans, as before with the caveat about overall turnout. I don’t really have a point to make here, I just got curious and wanted to see this for myself. If nothing else, it’s given me some things to look at again once all the voting is over.

The Muscovy ducks of Pearland

The things you learn.

The bird sanctuary city of Pearland is encouraging residents to take matters into their own hands to address the growing problem of Muscovy ducks that have reportedly taken residence in the city.

Known for their red, warty-spotted faces and black, white, and brown plumage, Muscovy ducks are often considered a “problem duck.” Feral populations of Muscovy ducks are known to be aggressive and can cause property damage, transmit disease and create problems through competition with native species, according to the U.S. Fish and Wildlife Service.

According to the city of Pearland, the ducks have been spotted throughout the city, often frequenting the neighborhoods of West Oaks and Westwood Village. In response to the growing population, the city has advised residents they can lawfully shoot or dispose of the animals themselves.

“The general public has the legal authority to address the ducks—including Muscovy duck nests, eggs, and hybrids—on their property, without the requirement of a permit,” the city stated in a Nov. 1 release.

Residents are allowed to shoot and kill the ducks on their own property if: they are allowed permission by their respective homeowner’s association or landowner; if they are located outside of city limits; and if they use a nontoxic shot or nontoxic bullets, according to the release. The discharge of a firearm is “generally illegal” inside city limits.

If a resident destroys a duck within the city’s legal parameters, they must dispose of the animal through burial or incineration. Residents are not allowed to keep, consume, sell, offer to sell the duck or release the duck in another location.

Instead of shooting, residents can capture and transport the animals to Hidalgo, Starr, or Zapata County. A 2010 law deemed Muscovies an invasive species in the U.S. with the exception of these counties, where they are considered native and can be released, according to the Texas Wildlife Rehabilitation Coalition (TWRC.)

Turns out Muscovy ducks have been a problem for a few years now, and not just in Texas. And now it’s pitting neighbor against neighbor, as some just want to be kind to their web-footed friends while others…do not. I literally had no idea about any of this. Thanks to Mary Flood for flagging this.

The children will count us

Great idea for something that shouldn’t have to be the case.

Teresa Flores knows the costs of a census undercount as well as anyone.

As the executive director of the Hidalgo County Head Start Program, one of the area’s most underfunded services, she watched low funding after a 2010 undercount cap the program’s maximum enrollment around 3,600 students.

More than 14,000 other children could qualify for the program, Flores estimates, but she barely has enough money to maintain the current level of enrollment — even with additional state grants.

Many of her students come from immigrant and non-English speaking households, two groups that are among the hardest to count in Texas. Though the efforts to add a citizenship question to the 2020 census form failed, she’s spoken with families who still fear inquires into their citizenship. But as someone with a long-established role in the community, Flores said she’s been able to relieve anxieties about sending information to the government and correct misinformation. By herself though, she can’t do that for everyone.

In looking for new approaches to census engagement — ones that residents can trust — the Hidalgo County committee focused on getting a complete count of the area’s population is increasingly targeting its outreach toward an unconventional group of residents: children and teenagers.

“When parents come and sign their children in and out, we’re able to speak with them about their participation,” Flores said. “Children could be the best people to continue those conversations all night long once they get home, and ease those concerns on a long-term basis.”

[…]

Victoria Le isn’t sure whether her parents filled out census forms in 2010. But after working on a complete count campaign at her school, the 18-year-old said she’s making sure they do this time.

Le is a recent graduate of Alief Early College High School in southwest Houston, where she and 15 other students spent months researching new approaches to fighting an undercount and marketing those plans to hard to count residents. Their work was initially regarded by other students as nothing more than a minor passion project, Le said.

Then the group threw its first major event last spring, where students competed for prizes as they learned more about the census and ways to get their families engaged.

“It was just an insane success,” said Jordan Carswell, the program’s director. “When people see half the student body showing up and going completely crazy over census games, they start asking questions. They knew how to get their peers energized, and when you see how passionate they are about it, it’s hard to not to feel the same way.”

Carswell said the campaign came together when Houston Mayor Sylvester Turner asked him to get students involved with census engagement. Alief ISD is part of Houston and Harris County’s joint $4 million effort to achieve an accurate count. There’s also a coalition of more than 50 local nonprofits and organizations working with them to mobilize communities.

I think this is both great and awful. It’s great that there’s such creativity and commitment to getting as full and accurate a Census count as possible. It’s awful that our Legislature refused to offer any help to cities to achieve that. That has left cities like Houston and others to their own devices, because what else can they do? There was a time when everyone agreed that the Census was important, and getting it right was vital to all of our interests. The only way forward from here is to elect more people who still think that way.

The people who would have been denied the opportunity to vote in 2016

There were a lot of them.

Still the only voter ID anyone should need

At least 16,400 Texans who voted in the November election wouldn’t have been able to cast ballots if the state’s voter identification law had been in full effect, state voting records show.

[…]

Through a public records request to the Texas secretary of state’s office, the American-Statesman obtained copies of the more than 16,400 Reasonable Impediment Declarations signed by Texans in the November election. More than 2,300 of the forms, legal affidavits punishable with a perjury charge if found to be false, were signed by Travis County voters.

The voters who signed the affidavits were concentrated in urban areas, with six counties alone — Harris, Travis, Dallas, Collin, Tarrant and Hidalgo — accounting for more than half of them.

Those voters arrived to the polls without one of the seven forms of ID, but were able to vote after signing the form and providing a voter registration certificate, birth certificate, utility bill, bank statement, government check or any other government document that included the registered voter’s name and address.

To sign the forms, all of those voters would’ve had to have been registered to vote and to produce documentation proving who they were.

[…]

Former Texas Secretary of State Carlos Cascos, an appointee of Gov. Greg Abbott who stepped down after overseeing the November election, said the potential of 16,400 voters being turned away was less worrisome in light of the fact that about 9 million Texans voted.

“When you put it in perspective, to me it’s not a large number,” said Cascos, a Republican.

Asked if that meant those voters would have been disenfranchised, Cascos said, “I would agree. That is a way to look at it.”

And, he observed, the number of potentially disenfranchised voters “might not be important for a presidential race or a statewide race, but it very well might matter for local votes, where there can be really small margins.”

“At the end of the day, we want to make sure every qualified Texan who can vote should be allowed to vote,” he said, “(16,000) people wanted to vote and got to vote, so that’s great.”

Cascos is right – sixteen thousand out of nine million isn’t that much. He’s also right that every single one of them would have been disenfranchised had they been turned away, and for no valid purpose. That sixteen thousand just represents the people who tried to vote. We don’t know how many others didn’t bother to show up because they didn’t know that they could have voted – it’s not like the state’s “outreach” was terribly effective. And those sixteen thousand voters who would have been disenfranchised, plus those however many who actually were in this one election, are way way way more than the total number who have ever been credibly accused of any form of vote fraud. As long as we’re putting things in perspective, let’s keep that in mind as well.

Statewide review: 2016 was like 2008, but not in a good way

vote-button

There’s no point in beating around the bush, so I’ll just come out and say it: Despite the excitement about increases in voter registration and heavy early voting turnout. statewide Democratic candidates outside of Hillary Clinton generally did not do any better than their counterparts in 2008. Republican statewide candidates, on the other hand, were generally setting new high-water marks for vote totals. Every statewide Republican other than Wayne Christian topped Donald Trump’s 4,681,590 votes, with all of them but one besting it by at least 100,000. Meanwhile, only Dori Contreras Garza’s 3,598,852 votes exceeded President Obama’s 2008 tally. Overall turnout was up in Texas (in absolute numbers, though not in percentage), but while Dem turnout was better than 2012, it didn’t hit any new heights. I fear we may be at a plateau, as we have been in the off years since 2002.

Why am I not more encouraged by Hillary Clinton’s 3.8 million-plus total? Because I estimate at least 100,000 of her votes came from people who supported Republicans in other races, and because the dropoff from her total to downballot candidates was enough to show no visible growth. For these purposes, I’m using judicial races as my metric, as I believe it is a better proxy for partisan intent. I used as a baseline for comparison between 2012 and 2016 two Court of Criminal Appeals races – the 2012 Sharon Keller/Keith Hampton race, and the 2016 Mike Keasler/Robert Burns race. I believe these contests are low enough profile to draw a relatively small number of crossovers, and in this particular case they were the only such races each year to have just a Libertarian candidate in addition, thus allowing for a more apples-to-apples comparison. I put all the county totals into a spreadsheet and then calculated the difference between the two. From a Democratic perspective, there’s good news, so-so news, and bad news.

I’ll get to the news in a second. You can see the spreadsheet here. I’ve put a list of the 62 counties in which Democrats gained votes from 2012 to 2016 beneath the fold. Take a look and then come back, and we’ll talk about what I think this means.

Ready? Democrats really killed it in the big urban counties. Harris, Bexar, Travis, El Paso, and Dallas combined for nearly 240,000 more Democratic votes in 2016, compared to 83,000 for the Republicans, a net of over 150K. Dems took such a big step forward in Harris County that HD144 might not really be a swing district any more, while HDs 132, 135, and 138 are now in the picture as pickup opportunities, with HD126 a little farther out on the horizon. I’ll have more to say about Harris County beginning tomorrow, but I feel like maybe, just maybe, we’ve finally turned a corner. I know that the off-year turnout issue is a problem until we can demonstrate that it’s not, but I believe it’s getting hard to dispute the assertion that there are just more Democrats in Harris County than there are Republicans. I also believe that national conditions will be different in 2018 than they were in 2010 and 2014. Doesn’t mean they’ll necessarily be better, but they will be different, and when you’ve consistently been on the short end of the stick, having conditions change – even if you don’t know how they will change – is a risk you ought to be willing to take.

Democrats also showed a nice gain in the big Latino counties (Hidalgo, Cameron, and Webb), while netting over 9,000 votes in Fort Bend. I’ll be looking at Fort Bend data later as well, and while this wasn’t enough to push any non-Hillary Dems over the top there, it’s a step in the right direction.

The so-so news is that Dems more or less held steady in most of the big suburban counties, by which I mean they mostly lost a little ground but not that much. Other than Fort Bend, Dems posted a solid gain in Hays County and barely gained more votes in Brazoria County than the GOP did. They had modest net losses in counties like Tarrant, Collin, Denton, and Williamson, such that one might feel we are at or near an inflection point in those counties. In math terms, the second derivative is approaching zero. This is a genteel way of saying that we’re falling behind at a slower pace. Better than falling behind in huge chunks, but still not good news.

The bad news is that in several other suburban counties, and basically all the non-Latino rural ones, Democrats got crushed. Montgomery County continues to be a sucking chest wound, with 21,087 more Republican votes and 8,432 more Dems. Comal County is Montgomery’s little brother, with continued steady growth and a deep red tint that shows no signs of abating. And if you’re old enough to remember when Galveston County was reliably Democratic, well, the score here is 10,335 more votes for the GOP, and 1,521 more for the Dems. So, yeah.

It’s the rural counties where things really become dreary. I said the Dems gained votes over 2012 in 62 counties. That means they lost votes in 192 others. Now, most of these are small counties, and the losses themselves were small in most of them; the average loss was 323 votes. But Republicans gained an average of over 700 votes in each of those counties, and as they say after awhile it adds up. Plus, some of these counties are now more exurban than rural, and like the suburbs are seeing steady growth. Two examples for you are Johnson County, northwest of Travis and home of Cleburne, and Parker County, west of Tarrant where Weatherford is. Those counties saw a combined voter registration increase of about 20,000. Of that, 17,201 were Republican and 449 were Democratic. That right there is enough to negate the Democratic net gain in Dallas County.

The single most eye-catching item in here is Polk County, up US59 between Houston and Lufkin; Livingston is the county seat. Unlike Johnson and Parker, it has about the same number of voters as it did four years ago. The difference is that in 2012 fewer than half of registered voters bothered, while this year nearly everyone did. Turnout in the Presidential race in Polk County was an mind-boggling 89.48%, and nearly the entire increase came from Republicans. In this CCA comparison, Mike Keasler got 12,183 more votes than Sharon Keller did, while Robert Burns improved on Keith Hampton by only 1,845 votes. All this with only 38,530 total registered voters. OMG, to say the least.

So what should we be doing about this? Well, we should keep doing what we’re doing in the urban counties, because it definitely bore fruit this year. I’d like to think we’re starting to maybe get a little traction in the suburbs, at least some of them, but it’s going to take a lot more resources and an effort that doesn’t just gear up at campaign time to really get that going. Mostly, we need to have a way to make sure we’re being heard in these places, because I don’t think we are, not outside of the faithful who are there. If I were a fabulously wealthy person who wanted to move the needle outside the urban counties, I’d throw a bunch of money at the Texas Organizing Project and ask them to figure out (and execute) a way to do for these suburbs and exurbs what they’ve been doing in Pasadena. It’s slow and methodical and just one piece of the puzzle, but we have got to start somewhere.

Data on the counties where Dem turnout grew is beneath the fold. More to come over the next week or so.

(more…)

State settles birth certificate lawsuit

Good.

After undergoing mediation, the state of Texas has reached an agreement with undocumented families in a lawsuit over its denial to issue birth certificates to children born in the U.S. to undocumented immigrants.

The state will clarify and expand the types of secondary forms undocumented immigrants can use to prove their identity, according to attorneys representing the group of undocumented parents and their U.S-born children who filed a lawsuit against the Texas Department of State Health Services.

Previously, immigrants in Texas could request birth certificates for their children if they had two secondary forms of ID, including Mexican voter registration cards and foreign IDs with a photo.

In the agreement, the state said it would accept voter ID cards received by undocumented immigrants in Texas by mail under recent changes to Mexican law, the attorneys said. Until earlier this year, the Mexican voter registration cards could only be obtained in Mexico.

The state also agreed to accept certain documents Central American parents can obtain from their consulates in the U.S. as secondary forms of ID if they are signed and stamped by consular officials. Under the agreement, the list of acceptable secondary documents was also expanded to include other supporting documents, such as copies of utility bills, paycheck stubs and letters relating to public assistance benefits, according to the families’ lawyers.

“We feel confident that undocumented parents with children born here will be able to access their children’s birth certificates,” said Marinda van Dalen, a staff attorney with Texas Rio Grande Legal Aid.

See here and here for the background. The plaintiffs’ argument was that the state had no basis for changing its rules for what ID it would and would not accept, and the state’s defense to that argument didn’t resonate with the judge, so given all that a settlement seems like the best outcome all around. With the exception of the immigration executive order lawsuit, it hasn’t exactly been a great month in the courts for the state of Texas, has it? A statement from the Senate Hispanic Caucus is here, and the NYT and the Observer have more.

Dolly Elizondo to run for CD15

This bears watching.

Dolly Elizondo

Dolly Elizondo, a Texas Realtor and local Democratic activist, said Thursday she will run in the state’s 15th District, a campaign that, if successful, could make her the first Latina to represent the Lone Star State in Congress.

Elizondo joined a growing intra-party fight for the seat, rated Safe Democrat by the Rothenberg & Gonzales Political Report/Roll Call, which is being vacated by Rep. Rubén Hinojosa, D-Texas, for the first time in two decades.

“I am a firm believer that ordinary people such as myself need to participate in government. While we have struggled, have had to work hard and fight for resources, we’ve been able to overcome those obstacles and succeed,” she said in a statement. “Now it is our responsibility to get involved and advocate for others.”

Elizondo’s announcement came less than two weeks before the Dec. 14 filing deadline. Already, two other Democrats – lawyers Vicente Gonzalez and Juan Palcios Jr. – have begun their campaigns for the March 1 primary. No Republican has entered the race.

Elizondo’s website is here. That last bit in the story is not true – there are at least two Republicans running, according to The Monitor, which previewed Elizondo’s announcement; the stories that accompanied Rep. Hinojosa’s retirement announcement also noted Republican opposition. And Elizondo isn’t just a “local Democratic activist”, she’s the former Hidaldo County Democratic Party chair. This is what you get from a DC-based publication. Anyway, Elizondo will try to do what other Latina candidates have not been able to. She has drawn some interest from Emily’s List, which ought to help her in the primary if they throw in. I wouldn’t necessarily call CD15 “safe”, though in a Presidential year it should be pretty favorable to Democrats. It would still be best to have a strong candidate running. Elizondo has been on the radar for several years now. It would be way cool if she were to be that candidate.

Oral arguments in birth certificate lawsuit

Here we go.

U.S. District Judge Robert Pitman heard oral arguments in a lawsuit filed by a group of undocumented parents and their U.S.-citizen children against the state Department of State Health Services, which has effectively blocked the children from obtaining birth certificates.

The families allege that the department has violated the children’s constitutional rights by ordering local county registrars to stop recognizing Mexican consular IDs — known as a matrícula consular — and foreign passports without valid visas, as proof of identification that the parents may use to obtain the vital records. The state argues the documents are susceptible to fraud.

“Is this a solution in search of a problem?” Pitman asked assistant attorney general Thomas Albright, representing the agency, health Commissioner Kirk Cole and State Registrar Geraldine Harris. “What makes this burden necessary?”

Pitman’s remarks came after he told the state’s attorneys he would not allow them to debate the importance of birth certificates, a document he said was “the primary evidence of U.S. citizenship.”

The hearing came after the families asked for an emergency injunction ordering the health department to identify two acceptable forms of identification parents can use to obtain birth certificates.

Attorney Jennifer Harbury, representing the families, reiterated her belief that Texas changed its policies without warning in reaction to the national debate over illegal immigration that reached a fever pitch in 2011. After that, she said, Texas became the only state in the country to prevent undocumented immigrants from getting birth certificates.

But Albright said the families haven’t proven their case enough for Pitman to grant the emergency order, and instead said the issue should play out through a regular trial.

“There is no burden on us to say ‘We’re great. Our rule is perfect,’” he told Pitman. “Today is just one step in what is a longer process. I don’t think they’ve argued the proof that you need.”

Albright also focused on the Mexican matrícula, conceding it has been made more secure and tamper proof but saying it is still susceptible to fraud.

Harbury said the families would be amenable to a ruling that excluded that document from a list of approved items. Her argument, she said, is that nothing else is currently acceptable.

“Forty-nine other states accept another form [of ID],” she said.

Though he seemed to question more than one of the state’s claims, Pitman also appeared hesitant to make a decision without more information. It’s unclear when he will rule.

See here, here, here, and here for the background. If you get the impression that the state didn’t have the strongest argument for its defense, you wouldn’t be alone.

Judge Robert Pittman did not offer many clues about his feelings on the case during the three-hour hearing, but he did grill Albright about the extent of birth certificate fraud, asking several times whether the new state policy was a “solution in search of a problem.”

“If you’re asking if there’s some statistical analysis … I don’t have that,” Albright conceded.

He was quick to add, however: “That’s not my burden.”

Still, the judge did not grant the emergency order, and it is not clear when he will rule. So until then, things will continue to be as they were. The Observer has more.

More on the state’s refusal to issue birth certificates

The Observer follows up.

Two legislators have weighed in on the controversy over Texas’ refusal to grant birth certificates to some children of undocumented families. On Wednesday, Sen. Juan “Chuy” Hinojosa, D-McAllen, vice chair of the Senate Committee on Finance, sent a letter to Texas Department of State Health Services Commissioner Kirk Cole, referencing an Observer story published online Monday. He wrote that he was “alarmed” by the article as well as “a lawsuit that surfaced this week” over the agency’s refusal to issue birth certificates to people born in the United States.

At least 17 families have joined the lawsuit filed last month by Texas RioGrande Legal Aid attorney Jennifer Harbury and Texas Civil Rights Project attorney Jim Harrington.

In his letter to Cole, Hinojosa noted that 13 of the 17 plaintiffs are residents of Hidalgo County, in his Senate district. “By denying these birth certificates, DSHS is denying these children their U.S. citizenship. These children were born in the United States, are United States citizens, and are entitled to receive their own birth certificates.”

State Rep. Ramon Romero, Jr., D-Fort Worth, also sent a letter to Cole. “Any person born in Texas deserves all documentation and privileges concomitant with being both a United States and Texas citizen,” he wrote. “The U.S. Constitution speaks directly to the issue of birthright citizenship. It makes clear that birthright citizenship is a matter of constitutional right.”

Harbury says she’s grateful the legislators are weighing in on the matter. At the crux of the lawsuit is the state’s sudden decision not to honor the matricula consular, which is an official photo ID issued by Mexican consulates to Mexican nationals living in the U.S. In the past, Texas has deemed the matricula consular an acceptable form of ID.

In his letter to Cole, Hinojosa noted that the state’s “new policy” has never been “stated or even publicly proposed.”

See here for the background. What’s interesting is that while the Observer story from this week appears to be the catalyst for this issue getting wide attention, the lawsuit was filed in May. That happened as the Legislature was winding down and the state was getting walloped by floods, so perhaps it’s understandable that it went under the radar. Be that as it may, people are paying attention now. The DSHS claim that this has been their policy since 2008 seems awfully weak, and the evidence we have points to this being spurred on by the influx of Central American kids several months ago. Whatever the case, it’s clearly unconstitutional. The state is filing its response next week. I hope whoever the judge is will act quickly. Daily Kos, Hair Balls, and the Latin Post have more.

Lawsuit filed over state refusal to issue birth certificates

I’m sure this won’t be contentious at all.

For nearly 150 years, the United States, under the 14th Amendment, has recognized people born here as citizens, regardless of whether their parents were citizens.

But Texas has other plans. In the last year, the state has refused to issue birth certificates to children who were born in Texas to undocumented parents. In May, four women filed a civil rights lawsuit against the Texas Department of State Health Services alleging constitutional discrimination and interference in the federal government’s authority over immigration.

Jennifer Harbury, a lawyer with Texas RioGrande Legal Aid, who is representing the women, said the deluge of birth certificate refusals began last winter. “I’ve never seen such a large number of women with this problem,” she says. “In the past someone might be turned away, but it was always resolved. This is something altogether new.”

According to the lawsuit, the women who requested birth certificates for their children at the state’s vital statistics offices in Cameron and Hidalgo counties were turned away because of insufficient proof of their identities. State law allows the use of a foreign ID if the mother lacks a Texas driver’s license or a U.S. passport.

But employees at the offices, which are run by the Texas Department of State Health Services, told the women they would no longer accept either the matricula consular, which is a photo ID issued by the Mexican Consulate to Mexican nationals living in the U.S., or a foreign passport without a current U.S. visa. Undocumented Central American women are also being turned away because they only have a passport without a U.S. visa. “They are locking out a huge chunk of the undocumented immigrant community,” says Harbury.

[…]

James Harrington, an attorney with the Texas Civil Rights Project, is also representing the undocumented families. The legal team is seeking a court order to reinstate the use of the matricula consular and foreign passports as valid proof of identity for undocumented mothers.

“Even in the darkest hours of Texas’ history of discrimination, officials never denied birth certificates to Hispanic children of immigrants,” said Harrington in a written statement. “Everyone born in the United States is entitled to the full rights of citizenship.”

Here’s the Express-News story from May that the Observer post references; it has some more detail so read it as well. Just as a reminder, the 14th Amendment grants birthright citizenship, so I have no idea on what ground the Department of State Health Services thinks it has to stand. Here’s a bit from a press release from MALC that expands on that:

Recently, several parents were denied birth certificates for their U.S. born children by employees at offices administered by the Department of State Health Services, after administrators declined to accept their foreign government forms of identification. This is a major departure from prior practice, as parents had been able to obtain a copy of their child’s birth certificate by providing their passport or a consular ID from their country of national origin in lieu of a US-issued ID.

“The legal standing for this prerequisite is questionable. No section under Texas’s Health and Safety Code mandates that the Department require verification of immigrant status or national original before the issuance of a birth certificate to the parents of an American-born child. This practice also runs counter to the 14th Amendment of the United States Constitution, which grants citizenship to all children born in the United States, regardless of whether their parents are citizens.

The full statement is here. I’d hope this would spur a quick reversal, but I know better than to expect it. We’ll see what the courts have to say. TPM has more.

Abbott and the Latino vote

The Trib drops a number on us.

I guess I need to find a new Abbott avatar

Along with his 20-point margin of victory, Gov.-elect Greg Abbott accomplished something on Election Day that many naysayers doubted the Republican could: He took 44 percent of the Hispanic vote.

For Texas conservatives, Abbott’s performance indicated that Republicans are making headway among this increasingly crucial voting bloc, which tends to lean Democratic. But upon taking office, Abbott will find himself in turbulent political waters.

[…]

But election results show that despite Republican outreach efforts, Abbott does not have a strong hold on areas of the state where most of the population is Hispanic, particularly the border counties Abbott repeatedly visited during his campaign.

In Cameron County, which Abbott had set out to win, he garnered 42 percent of the vote while Davis took 55 percent. He fared worse in Hidalgo County, with only 35 percent of the vote to Davis’s 63 percent.

The results could prove troublesome for a party looking to hone its outreach efforts as the state’s Hispanic population swells. Although they make up less than a third of eligible voters in the state, Hispanics are expected to make up a plurality of Texas’ population by 2020.

Abbott outpaced his predecessors in winning support among Hispanics, but navigating the crosscurrents of appealing to a far-right base and conservative Hispanics continues to prove difficult for Republicans when it comes to immigration.

The article is about how Abbott is going to try to balance his madrina-friendly image with the ugly xenophobia of his party. I’m not going to prognosticate about that – lots of people have been opining about what the Abbott-Dan Patrick dynamic is going to be like – but I am going to focus on those numbers. I presume that 44% figure comes from the exit polls we were promised. I know they were done and I’m aware of some complaints about their methodology, but I’ve seen basically no reporting or other analysis on them. Be that as it may, I’m going to do three things: Check the actual results to see if they line up with the 44% figure given, compare Abbott to Rick Perry in 2010, and I’ll hold the third one back till I’m ready to show you the numbers.

Comparing Latino voting performances is always a bit dicey, since the best we can do at this level is use county and State Rep district data, which is a reasonable enough rough approximation, but which can be distorted by the presence of non-Latino voters, especially if Latino turnout is lower than expected. But it’s what we’ve got, and we can at least draw some broad conclusions. A full comparison to Rick Perry in 2010 won’t be possible until all the legislative district data is published by the TLC in early 2015, but we’ll use what we do have. Here’s a look at county comparisons:

County Perry Abbott White Davis ========================================== Cameron 40.82% 42.01% 57.30% 55.46% El Paso 36.76% 37.25% 61.29% 60.32% Hidalgo 31.75% 34.79% 66.82% 62.70% Maverick 26.83% 26.27% 71.86% 70.27% Webb 22.92% 28.86% 75.60% 68.03%

So yes, Abbott did improve on Rick Perry, but not by that much. In Cameron County, which as the Trib story notes Abbott was claiming he wanted to win, he beat Perry by a bit more than one point. He did do three points better in Hidalgo and six points better in Webb, but only a half point better in El Paso and a half point worse in Maverick. Again, this is incomplete data – the State Rep district data will tell a better story – but if Rick Perry was scoring in the low thirties in 2010, it’s hard for me to say that Abbott did any better than the mid-to-upper thirties. It’s an improvement, and he gets credit for it, but I don’t see how you get to 44% from there.

I do have State Rep district data for Harris County, so let’s take a look at that:

Dist Perry Abbott White Davis Dewhurst LCT ============================================================ HD140 27.9% 32.2% 70.7% 66.3% 31.6% 65.9% HD143 29.6% 35.0% 68.9% 63.7% 33.4% 63.9% HD144 45.2% 51.7% 52.7% 46.3% 50.8% 46.0% HD145 36.3% 40.8% 62.0% 57.2% 41.6% 54.8% HD148 36.3% 39.1% 61.6% 58.7% 45.0% 50.8%

The caveat here is that the Hispanic Citizen Voting Age Populations (Hispanic CVAPs) are lower in these districts than in many other Latino districts. HD140 is the most Latino, at 60.6%; by comparison, the lowest CVAP in the six El Paso districts is 59.4%, with the other five all being greater than 70% and three of the six topping 80%. Be that as it may, Abbott clearly beat Perry here, by four to six points. That also comes with an asterisk, however, since as we know Bill White outperformed the rest of the Democratic ticket on his home turf by about six points. I included the David Dewhurst/Linda Chavez-Thompson numbers as well here to serve as a further point of comparison. Add it all up, and Abbott got 39.6% of the vote in Latino State Rep districts in Harris County. That’s impressive and a number Democrats will have to reckon with, but it’s still a pretty good distance from 44%.

I’ll revisit this question later, once the TLC has put out its data. In the meantime, there’s one more dimension to consider: How well Greg Abbott did in 2010 versus how well he did in 2014:

County Abb 10 Abb 14 ========================== Cameron 48.21% 42.01% El Paso 42.43% 37.25% Hidalgo 37.72% 34.79% Maverick 26.31% 26.27% Webb 29.12% 28.86% Dist Abb 10 Abb 14 ========================== HD140 35.1% 32.2% HD143 37.2% 35.0% HD144 54.0% 51.7% HD145 46.4% 40.8% HD148 48.6% 39.1%

Now of course this isn’t a real apples-to-apples comparison. Abbott was running for Attorney General in 2010 against a candidate who had no money and a self-described “funny name”. That’s a formula for him to do better. Of course, one could say that voters in these places liked him more when he had a lower profile. The more they heard about him, the less likely they were to vote for him. Make of that what you will.

2014 Day Four EV totals

EarlyVoting

Here are your Day 4 EV totals and the full 2010 EV totals. Mail ballots continue to be strong, up a bit from Day Four in 2010, but in person totals continue to lag. Overall, 2014 now trails 2010 at this point in the process by about 5,000 votes, with about 142,000 having been cast so far this year. As we discussed last time, the mix of voters is more important than the totals. So far, indications for Harris County say “better than 2010 for Dems, but not where we want to be yet”. If the pattern for this year is like it was in 2012, Saturday is the key day. It would be nice to do better than that before then.

Here are the statewide three day totals and the comparable figures from 2010. As we have seen on other days, overall turnout is up thanks in large part to the strong mail ballot returns. The TDP sent out an email earlier today taking a victory lap for that. I hope they have reason to brag, but I don’t have any data on it.

Finally, a couple of turnout-related news stories. From the Statesman, a reminder that we don’t yet know who it is that is turning out, and from the Monitor a story about strong EV turnout in Hidalgo County. We can’t say yet that more early voting will necessarily mean higher final turnout, but that’s still encouraging to see.

UPDATE: Almost forgot: Check out Drive for Democracy and volunteer to help drive someone to the polls. And for my Heights friends, why not have breakfast with Leticia Van de Putte on Saturday morning before heading to the polls?

2014 Day Three EV totals

But first, a little angst.

EarlyVoting

I feel a bit uncomfortable after Day Two of Early Voting in Person. Here are a couple of concerning tweets from yesterday:

Scott Braddock ‏@scottbraddock 2h2 hours ago
Those Harris County early vote totals are not good for Democrats. *If* Texas is a battleground, #Houston is ground zero #TxLege

And:

Teddy Schleifer @teddyschleifer • 5h 5 hours ago
Dems excited by big vote-by-mail numbers here in Harris County, but in-person down 25%. Not good for them. #HOUNews | http://blog.chron.com/houstonpolitics/2014/10/in-person-early-vote-turnout-still-down-in-harris-county/ …

Here is from Chron.com:

The number of voters showing up at Harris County’s 41 early-vote locations was down by 25 percent for the second straight day on Tuesday, according to tallies released by the County Clerk.

A total of 20,380 registered voters cast a ballot on Tuesday, more than 7,000 fewer voters than cast one on the first Tuesday of early voting during the last midterm election in 2010. While Monday’s results revealed a massive increase in the number of mail ballots received this fall, the number received on Tuesday slightly trailed those seen on the corresponding Tuesday in 2010. A majority of the vote-by-mail ballots typically arrive on the first day.

A total of 21,612 votes were cast Tuesday, 1,232 of them mail ballots. On Monday, the first day of the two-week early-voting period, 61,735 total votes were cast.

A Commentary review of Early Voting locations likely frequented by African American and Latino voters shows a slight decrease in voter turnout as compared to the 2010 numbers after Day Two. Sure Dems are doing better with the mail ballots but we have to increase the Early Voting in Person numbers – or else. What is happening out there?

Here are your Day Three totals, and here are the full 2010 EV totals. As was the case with Day Two, in person totals are below what they were in 2010, though there were more absentee ballots received. The grand total so far for 2014 is 107,433, while the comparable total for 2010 was 107,782, so we are now officially a smidgen behind 2010. Does that mean we’re doomed?

Well, that depends on who is turning out. We’ve been through this before, but let’s remember, “turnout” doesn’t just mean Democrats. Republican voters count towards “turnout” too, and as you may recall they turned out like gangbusters in 2010. One of the prerequisites for Democrats doing well, or at least doing better, this year was for Republican turnout to come back down to earth. If what we’re got here is a Democratic increase combined with a Republican decrease, that would be pretty good, no?

Now bear in mind, the early vote gap – both in person and mail ballot – from 2010 in Harris County was pretty massive. A review of the 2010 numbers suggests it was about 59-39 in favor of the GOP, with mail ballots going 68-31 and in person early votes being 58-40. There’s a lot of room for Ds to go up and Rs to go down without the leader changing.

There are two indicators to suggest that the gap has narrowed considerably, though not all the way. One is that while Campos’ observation about Latino EV locations is accurate, it’s not the whole story. Here are the three day totals for the heaviest EV locations in GOP districts, then and now:

Location name SRD 2010 2014 ===================================================== Champion Forest Baptist Church 126 4,110 3,206 Kingwood Branch Library 127 4,075 2,823 Freeman Branch Library 129 4,190 3,044 Cypress Top Park, Cypress 130 3,548 3,052 Trini Mendenhall Community Center 138 3,839 3,048

Those are some pretty steep declines. Some of this I would attribute to the large increase in absentee votes, as I believe some of that represents people changing their behavior from voting early in person to voting by mail. Some of it I would (hopefully) attribute to the surge of 2010 Republican voters abating. Greg’s Day Two analysis, which suggests mail ballots are running about 50-50 and overall turnout being about 46% Dem, supports that. No question, we’d like to see Dem in person performance improve, but those mail ballots count, too, and they’re clearly making a difference. The usual pattern is that Dems turn out big on Saturday and generally participate more in Week 2, so we’ll see if that holds. Right now, all signs clearly point to Dems doing considerably better than they did in 2010. Doing better than 2010 is not that high a bar to clear, of course, so there’s still room to go up. Just don’t fixate on the “total turnout” number without at least considering where that turnout is coming from.

At the state level, the picture is interesting. The two day EV results for 2014 on the SOS webpage show an overall increase over 2010, fueled entirely by the massive uptick in mail ballots. Democratic counties like Dallas, Travis, El Paso, Hidalgo, and Cameron are up a bit. So are Republican counties like Montgomery, Collin, Williamson, and Denton, but Galveston is down and Fort Bend is flat. Tarrant is way up, but that’s Wendy Davis’ home turf. Again, it’s a function of who is showing up. I don’t have enough information to make any guesses.

Bottom line, keep calm and keep working to turn out our voters. There’s a Walk2Vote event at UH-Downtown tomorrow, to turn students out there. If you really want to make a difference, consider helping out with Drive for Democracy, which aims to help people who need a ride to the polls get them. I’m told they have identified around 1000 voters who need a ride to the polls and are recruiting volunteers to help with those rides. I can’t think of a better way to get involved. Check ’em out, and sign up to help if you can.

A closer look at the turnout issue in 2014

I wrote yesterday about turnout for this year’s election. The main problem that Democrats face this year is that turnout has basically been flat for them since 2002 in the off year elections. I began to write a post to illustrate this last year, back when Battleground Texas was being viewed as a long-term experiment in increasing Democratic turnout, before we had Wendy Davis and a race we want and hope to win this year, but between the endless legislative summer and the short turnaround into the 2013 elections, not to mention the change in story line for this year, I never finished it. Now that we’re focusing on 2014, this is the time to polish that off.

I had previously suggested that BGT set some benchmarks for the 2014 election, back when we didn’t have anyone running statewide. We have the candidates and an updated mission now, but we still need to be clear about where we start out. What I did was take a look at the county by county results in the contested Railroad Commissioner races of 2006 and 2010. I did this for two reasons: One, generally speaking a low-level race like that is almost entirely a recapitulation of party ID, and two, 2006 Democratic candidate Dale Henry and 2010 Democratic candidate Jeff Weems got nearly identical vote totals – 1,752,947 for Henry, and 1,757,183 for Weems. I’m not taking into account their percentages or the vote total of any other candidate, because we’re focusing exclusively on Democratic turnout. The first questions to consider, therefore, are where did Weems do better than Henry, and where did he do worse? Here are the counties in which Weems did the best relative to 2006:

County Henry Weems Diff ==================================== Harris 253,845 335,689 81,844 Dallas 192,780 210,021 17,241 Hidalgo 27,213 44,372 17,159 Fort Bend 41,013 55,472 14,459 Bexar 116,909 128,360 11,451 Webb 12,012 19,451 7,439 Travis 121,035 125,283 4,248 Maverick 2,427 4,719 2,292 Collin 40,184 41,712 1,528 Hays 13,146 14,497 1,351 Williamson 29,684 30,910 1,226

I’ve said before that Harris County Democrats did not have a turnout problem in 2010. This is the clearest example I can give of that. All of these are counties where you’d like to see the Democrats improve, and where there is room for such improvement. It’s especially heartening to see gains in counties like Hidalgo, Webb, and Fort Bend. Maverick County deserves special mention because it’s easily the smallest county on this list, but still produced a decent-sized gain for the Dems. That’s mostly because overall turnout in Maverick in 2006 was a pathetic 14.8%. Turnout in 2010 was still only 24.1%. That’s in a county that went 72% Democratic in 2010, meaning there’s plenty of room to add a couple thousand more votes to the D column. I’d consider an improvement in Maverick County to be a necessary yardstick for measuring BGT’s progress in 2014.

Given that Weems got about as many votes as Henry, the fact that there were counties in which he gained means there were counties in which he lost as well. In fact, there were far more counties in which Weems lost ground than ones in which he gained. Here were the biggest losers:

County Henry Weems Diff ==================================== Nueces 30,018 24,021 -5,997 Tarrant 127,293 121,721 -5,572 Johnson 10,140 6,123 -4,017 Wichita 9,577 5,803 -3,774 Grayson 9,935 6,190 -3,745 McLennan 20,680 17,211 -3,469 Galveston 28,718 25,279 -3,439 Angelina 8,611 5,367 -3,244 Orange 8,060 4,903 -3,157 Parker 7,838 4,988 -2,850 Lubbock 14,537 12,169 -2,368

The good news is that Tarrant excepted, these are not strategic counties for Democrats. Of course, a vote lost in Wichita or Angelina is still a vote that has to be made up somewhere if you don’t want to lose ground overall. BGT clearly understands this, and I have no doubt that they will put resources into places like these in order to maximize Democratic turnout, even if it means just moving the needle a few points in a dark red county. The challenge is to give a reason for Democrats in places where there are no local Democratic candidates running for anything a reason to show up. I don’t envy them the task.

It should be noted that some of the counties listed above lost voters during the period. By the same token, there were numerous counties that gained quite a few voters between 2006 and 2010. Here’s a look at the 20 counties that had the largest increase in registered voters and how the Dems did in them.

County Growth Grow % Diff 06 AV% 10 AV% Ratio ============================================================ Collin 42,851 11.22% 1,528 10.52% 9.82% 0.93 Fort Bend 41,272 15.41% 14,459 15.32% 17.95% 1.17 Travis 38,234 6.75% 4,248 21.38% 20.73% 0.97 Denton 31,242 9.37% 904 10.13% 9.51% 0.94 Williamson 29,242 14.02% 1,226 14.24% 13.00% 0.91 Montgomery 22,928 10.10% -915 8.49% 7.35% 0.87 Harris 19,198 1.00% 81,844 13.23% 17.32% 1.31 Hidalgo 16,531 5.90% 17,159 9.72% 14.96% 1.54 Hays 12,609 14.73% 1,351 15.36% 14.76% 0.96 Tarrant 12,414 1.34% -5,572 13.77% 12.99% 0.94 Brazoria 7,252 4.43% -351 12.57% 11.83% 0.94 Bexar 7,172 0.80% 11,451 13.01% 14.17% 1.09 Guadalupe 6,768 9.95% -191 10.90% 9.66% 0.89 Cameron 6,552 3.91% -323 12.47% 11.82% 0.95 Parker 6,189 9.13% -2,850 11.56% 6.74% 0.58 Webb 6,097 6.01% 7,439 11.84% 18.09% 1.53 Comal 5,879 8.66% -706 10.22% 8.45% 0.83 Rockwall 5,706 14.22% -262 9.32% 7.59% 0.81

“Growth” is the increase in voter registrations; “Grow %” is the percentage increase. “Diff” is the difference between Weems’ vote total and Henry’s, so a positive number means Weems had more votes and a negative number means Henry had more. “06 AV%” and “10 AV%” is the ratio of Democratic votes to all registered voters, which is basically a straight up measure of turnout. “Ratio” is the ratio of the 06 AV% to the 10 AV%, so numbers greater than one are good. It’s good that the Dems gained votes in places like Collin, Denton, Hays, and Williamson, but they didn’t keep up with the increase in registered voters. This is what I was trying to get at with my earlier post about BGT’s efforts in Collin County. There’s a voter registration component to that, but the much bigger piece of that puzzle is reaching out to the Democrats and would-be Democrats that are already there and convincing them that their vote this fall really matters even if they lack local candidates to back, or if the local candidates they have face much longer odds than the statewide slate. It matters for this election and it matters for the future elections. We can’t just turn out voters in the strongholds, we have to turn them out everywhere. Democrats can’t and won’t be competitive statewide until that happens.

Gallup’s poll of Latinos in Texas

I have four things to say about this.

Texas Hispanics are decidedly Democratic in their political party preferences, 46% to 27%, but that 19-percentage-point Democratic advantage is much smaller in Texas than the average 30-point gap Democrats enjoy among the Hispanic population in the other 49 states. And white Texas residents are decidedly more Republican (61%) than the average among whites residing in other states (48%), complicating whether Texas will turn into a “blue” Democratic state in future elections.

Political Preferences by Race

With an increasingly large minority population, including the second-largest Hispanic population of any state, Texas has the potential to see a once-in-a-generation political re-alignment, which could transform the nation’s largest reliably Republican state.

These latest results come from 2013 Gallup Daily tracking poll data, which consists of 16,028 Hispanics nationwide, including 2,536 Hispanics residing in Texas. The Lone Star state is experiencing significant changes in its population — it is one of the top destinations for state to state migration — and these data provide a crucial, updated look into Texan Hispanics’ political preferences over the past year.

Texas holds a gubernatorial race this year, and some Democratic operatives are hoping Texas’ evolving demographic makeup will allow them to more effectively compete for the governor’s mansion. In 2010, Gov. Rick Perry was re-elected handily, defeating his Democratic opponent by 13 percentage points.

In Texas, GOP Making Small but Meaningful Gains With Hispanics

Relative to 2008 — the year of President Barack Obama’s landslide presidential victory — Texan Hispanics have gradually become more Republican, even as the percentage of Hispanics identifying with or leaning toward the Republican Party has remained relatively stable nationwide. The six-percentage-point gap between the percentage of Texan Hispanics and Hispanics living in all other states who identify or lean GOP is the highest it has been in over six years.

Hispanic Party Identification, Republican Party

Meanwhile, Hispanics living in Texas have followed the broad national trend in terms of primarily identifying as Democrats. The 46% of Texan Hispanics who now lean or identify Democratic is seven points below the 2008 crest; by contrast, U.S. Hispanics living in the other 49 states report support of the Democratic Party that has declined by a slightly smaller four points between 2008 and 2013.

Hispanic Party Identification, Democratic Party

1. I presume this was a poll of registered voters. It would have been interesting if they had also asked about how often they voted in recent elections. There’s polling evidence that suggests lower-propensity Hispanics are almost as strongly Democratic when they do vote as African-American voters, while higher-propensity Hispanics are considerably less Democratic than Hispanic voters as a whole. Would have been cool to have gotten another data point on that. Be that as it may, it remains the case that Latinos heavily favor Democratic candidates, and even if the gap is smaller than it is nationally, there’s nothing to suggest that boosting turnout among them would be anything but an unalloyed good for Dems. And on a side note, at least this poll may mean that it will be cited as the “official” level of Latino support for the GOP in Texas, and not whatever figure Mike Baselice retrieves from his nether regions. For that and that alone, this is a good result.

2. I’m deeply suspicious of that 20% “Independent/No Lean” number. There’s scads of evidence nationally to show that the number of true could-go-either-way indies is tiny, and they’re usually a proxy for the less engaged folks that just plain don’t vote much. Again, an additional question or two about recent voting history, broken out by R/D/I would have been instructive. If I had to bet, I’d say some of these respondents don’t vote much, and some others may just be mad at their party for whatever the reason and refuse to identify with them. Self-declared party ID moves around a lot more than actual voting behavior.

3. As far as the poll result goes, I think the level of Latino support for Republicans is about right, but I’m not sure about the trend. I’ve discussed this topic ad nauseum, so let me just cut to the chase and say that by every indicator I’ve examined, the level of support for Democratic candidates in Latino areas went up from 2008 to 2012, not down. I’ll repeat myself one more time and say that some questions about actual voting behavior would have shed a lot more light on this survey. Being me, I couldn’t leave it at this and got to wondering if there were some other way to corroborate or contradict the evidence from this poll. What I came up with was to look at the level of Republican primary voting in some heavily Latino counties. Here are the numbers:

GOP primary turnout County 2008 2010 2012 ===================================== Cameron 4,822 4,601 5,311 El Paso 18,727 15,386 11,556 Hidalgo 5,753 5,015 6,401 Webb 1,232 1,224 1,189 Total 30,534 27,221 24,457 Registered voters County 2008 2010 2012 ===================================== Cameron 167,656 171,024 174,077 El Paso 372,000 375,128 371,321 Hidalgo 290,454 290,097 291,724 Webb 100,606 105,012 106,579 Total 930,716 941,261 921,701

Let’s be clear, this is an extremely crude measure. I wouldn’t use this to make a point, I’m just looking to see if there’s any correlation to the Gallup charts. The answer appears to be “not really”. The numbers ticked up in Cameron and Hidalgo, and declined in El Paso and Webb. Note that even in these predominantly Latino counties, the people casting these GOP primary votes could still be majority Anglo. We just don’t know. All I can say is that this tidbit of anecdotal evidence neither corroborates nor refutes the hypothesis. I’d need a much more precise measuring tool to be able to say.

4. While the Latino support for Republicans feels about right to me in this poll, the Anglo support for Republicans feels a little low. I’d have pegged it closer to 70%, based on polls and results from 2012. I have a hypothesis that will drop a couple of points post-Obama, but that’s just intuition, not based on any empirical evidence. I do think Wendy Davis et al will need to chip into that if she/they want to have a shot at winning this fall. I think if the Rs are getting only 61% of the Anglo vote in November, they could be in trouble.

From the “Wooing Latino Voters: You’re Doing It Wrong” department

Greg Abbott visits McAllen and gives the locals his best reason why they should vote for him.

Gubernatorial candidate Greg Abbott called for unity between Republican candidates and Hispanics in McAllen on Monday, with the promise of being in South Texas much more.

As evidence voters should elect him governor in 2014, Abbott cited the 27 lawsuits he’s brought against the federal government as Texas attorney general, and he spoke of fighting against human trafficking in the Rio Grande Valley.

McAllen is in Hidalgo County, which in 2012 voted 70.3% to 28.6% for President Obama. Many of those lawsuits involve the Affordable Care Act, the environment, and the Voting Rights Act. Latinos – Hidalgo County is 90.9% Latino – are among the strongest supporters of Obamacare, and will be the main focus of its rollout, since so much of the nation’s – and the state’s – uninsured population is Latino. Latinos are also big supporters of having the EPA set standards to reduce air pollution, and of President Obama using executive power to fight climate change. And of course Latinos also strongly support the Voting Rights Act.

So go right ahead, Greg Abbott. Talk about those 27 lawsuits and how deeply committed you are to fighting President Obama and his efforts to expand access to health care, clean up the environment, and protect voting rights. I’m sure Latino voters will be listening.

More counties for Medicaid expansion

All of these are from last week. Bexar County:

It’s constitutional – deal with it

On a bipartisan vote, Bexar County commissioners Tuesday urged Texas lawmakers to expand the state’s Medicaid program and take advantage of federal matching funds under the Affordable Care Act.

“From 2014 to 2017, expansion will bring $27.2 billion in federal revenue to Texas for just over $3 billion in state investments,” said County Judge Nelson Wolff.

In Bexar County, the expansion “would provide insurance for more than 200,000 currently uninsured” residents, Wolff said.

The court’s resolution noted that Texas has the nation’s highest percentage of uninsured residents, 24 percent, and Bexar County has 396,000 uninsured.

Unanimous approval of the resolution came after the head of the University Health System said the county stands to gain $53 million a year.

[…]

Precinct 3 Commissioner Kevin Wolff, the court’s lone Republican, said it was difficult to support the resolution but did so because significant funds were at stake.

“I will support this even though philosophically our governor is right” in opposing expansion, Wolff said.

“This has got to be fixed at a different level than ours,” he added.

Hidalgo County:

Hidalgo County Commissioners Court has become the first governmental entity in the Rio Grande Valley to pass a resolution in support of expanding Medicaid to include coverage for adults.

The resolution, which was supported both by the RGV Equal Voice Network and Valley Interfaith, passed unanimously on Tuesday.

“We are very grateful county commissioners have supported this resolution to expand Medicaid, particularly since Hidalgo County has the highest rate of uninsured people,” said Ann Williams Cass, chair of the RGV Equal Voice Network’s health working group.

“This will allow the parents in a family of four that makes less than $14 an hour to qualify for Medicaid coverage.”

Cass said Hidalgo County needs healthy families and a healthy workforce. “This is opportunity to get over $400 million a year in federal money for the first three years for Adult Medicaid in Hidalgo County,” she said.

Cass paid tribute to the work of Texas Well and Healthy, Center for Public Policy Priorities, the Children’s Defense Fund. All three are supporting the expansion of Medicaid to include adults. “They have offered us so much help. They deserve credit for all the hard work they have done,” Cass said.

Travis County:

With more than $200 million a year at stake, the Travis County Commissioners Court is urging the Legislature to expand Medicaid coverage to more needy people in Texas, the state with the highest rate of uninsured residents.

The court spent time Tuesday tweaking the resolution that it passed last week to satisfy its lone Republican member, Gerald Daugherty. It was approved unanimously, 5-0. Austin Interfaith leader Oralia Garza Cortes called the bipartisan support “absolutely critical” and said that sister organizations of the advocacy group in Dallas and Bexar counties helped pass similar resolutions this month.

Austin Interfaith and its allies hope those efforts put pressure on the Legislature to expand Medicaid, a central but now optional part of the federal health care law.

See here for the original story. Cameron County joined in last week as well. A long and getting longer list of organizations that support Medicaid expansion, put together by Progress Texas and Texas Well & Healthy, can be found here. Despite Harris County Judge Ed Emmett’s support of Medicaid expansion, I am not currently aware of any action on Harris County Commissioners Court’s part to pass a resolution. It should be noted, however, that while counties are the ones that are on the knife’s edge for this, other government entities can call on Rick Perry and the Legislature to act as well. Both Austin City Council and Waco City Council have passed resolutions or legislative agendas in support of Medicaid expansion. It would be great if Harris County Commissioners Court got in the game, but there’s no reason for Houston City Council to sit out.

One more thing. PDiddie, who was at the big rally for Medicaid on Tuesday, reminds us that Medicaid expansion isn’t just about saving lives, it’s also about making them worth living.

Then there are the personal stories. For example: my father, 86, who had a good job all his working life and then a comfortable retirement, is at medium-to-end-stage dementia and has essentially outlived his assets. So it’s humiliating enough for seniors like him who find themselves at the prospect of spending the very end of their lives on the government dole (when they are even capable of understanding that). But because health care providers are refusing new Medicaid patients — in large part because the state pays its Medicaid bills very slowly — people like him are falling straight from middle class all the way through the shredded safety net.

And people like him have no advocates. My dad can’t write a letter or an e-mail; can’t make a phone call, can’t go to a townhall meeting to speak to his state rep, can’t march at a rally. You know what’s even worse about his situation, though? If he lived in Arizona, or New Jersey, or Florida, he would be getting covered. Because their conservative governors can see the benefits of expanding Medicaid. Not our governor, though.

Everyone who is in a position to do something about expanding Medicaid but refuses to do so should be required to look Perry and his dad in the eye and explain themselves to them. Maybe that would finally break the grip of whatever madness it is that envelops them. BOR has more from the rally.

Did Ted Cruz do better in Latino areas than other Republicans?

Lisa Falkenberg drops the following tidbit in her post-election column on why the GOP in general and in Texas needs to figure out how to appeal to Latino voters.

In Texas, the best data so far show a 70-30 split for Obama among Hispanic voters, according to Rice University political science chairman Mark Jones. Romney performed several points worse than Sen. John McCain did in 2008. At the same time, Jones points out, Hispanics became a larger share of the vote in Texas, going from 20 percent in 2008 to 25 percent in 2012.

Republican Ted Cruz, who will become the first Hispanic U.S. senator from Texas, may have received a boost linked to his surname. Exit polling showed he outperformed Romney and Republican congressional candidates by 6 percent.

In the long run, Republicans can’t rely on surnames to appeal to Hispanics, although a few more on the ballot wouldn’t hurt.

“They’re going to have to reach out and do more than say that ‘Hispanics have values that are similar to ours.’ That’s an old refrain, which apparently is not bearing any fruit with the Hispanic population,” says Tatcho Mindiola, associate sociology professor and director of the Center for Mexican American Studies at the University of Houston.

Falkenberg doesn’t say what exit polls she was looking at. The Latino Decisions poll of Texas only asked about the Presidential race and Democrats in general, so it’s of no help here. Be that as it may, we can approach this question by comparing how Cruz did in heavily Latino counties to how Romney did. Here’s how he fared in the five counties I looked at last week.

County Obama Romney Sadler Cruz ========================================== Cameron 49,159 24,955 41,930 27,881 El Paso 112,273 56,517 101,467 59,237 Hidalgo 97,879 39,786 88,316 41,591 Maverick 8,302 2,171 6,550 2,674 Webb 37,592 11,074 30,431 14,943

Some of Paul Sadler’s dropoff in votes from President Obama can be attributed to the usual downballot effect, but clearly Cruz outperformed Romney, and given his higher vote totals there had to be some Obama/Cruz voters in each of these counties. In fact, if you look at all of the counties in Texas where Cruz received more votes than Romney, you get the following list: Webb, Cameron, Ellis, Hidalgo, Maverick, Willacy, Starr, Zapata, Zavala, Dimmit, Kleberg, Jim Hogg, Brooks, Jim Wells, Frio, Culberson. So yes, he did do better in heavily Latino areas, and I’m sure I’ll find the same effect in Harris County when I get precinct data.

There’s a bit more to this, however. It wasn’t just Cruz who benefited from being Latino and having a non-Latino opponent in these counties. For example, the Libertarian candidate running against Railroad Commissioner Barry Smitherman was a Latino. Take a look at how he did versus how other non-Latino Libertarians did in statewide races where the Republican had no Democratic opponent. Here’s Cameron County, for example.

Railroad Commissioner - Unexpired Term Barry Smitherman REP 25,866 48.72% Jaime O. Perez LIB 23,875 44.97% Josh Wendel GRN 3,347 6.30% Justice, Supreme Court, Place 2 Don Willett REP 32,963 62.76% Roberto Koelsch LIB 19,555 37.23% Justice, Supreme Court, Place 4 John Devine REP 30,797 58.42% Tom Oxford LIB 17,212 32.65% Charles Waterbury GRN 4,707 8.92% Judge, Court of Criminal Appeals Place 7 Barbara Hervey REP 32,107 61.09% Mark W. Bennett LIB 20,448 38.90% Judge, Court of Criminal Appeals Place 8 Elsa Alcala REP 36,619 68.72% William Strange LIB 16,664 31.27%

The same pattern holds for El Paso, Hidalgo, Maverick, and Webb counties. In the latter two, Libertarian candidate Perez scored a majority of the vote against Smitherman, which just blows my mind, and you will see the same effect for Latino Democratic candidates for the Fourth Court of Appeals, all of whom wound up winning. These were all low-profile, low-information races – even the Senate race was mostly below the radar, with Cruz avoiding debates and not running many ads, while Sadler barely had the money to do any advertising – so it’s not too shocking. Because of all this, I’d be careful about drawing any firm conclusions regarding Cruz and Latino voters. Latino voters have a stronger belief in the role of government and by a sizable majority support the Affordable Care Act and believe that the federal government should ensure that all people have access to health insurance. Needless to say, these views are incompatible with those of Ted Cruz. Unfortunately, we’ll have to wait till 2018 to see how these voters will behave when they have a fuller understanding of what Ted Cruz is about.

UPDATE: Latino Decisions did ask about the Senate race specifically, and you can see the result here, which shows Sadler leading Cruz 65-35. I didn’t see that at the time I wrote this post.

First pass at analyzing the 2012 results

This is kind of a brain dump, based on the information available now. I’ll have plenty more to say once precinct data has been released.

– The current tally in the Presidential race on the Secretary of State webpage, with comparison to 2008, is as follows:

2008 Votes Pct =========================== McCain 4,479,328 55.45% Obama 3,528,633 43.68% 2012 Votes Pct =========================== Romney 4,542,012 57.19% Obama 3,285,200 41.36%

Slight uptick for Romney over McCain, slightly larger downtick for Obama. My sense is that this is mostly a turnout issue, that Obama’s coalition was mostly intact but not quite as fired up as in 2008, much like what we saw nationally. I think that’s fixable, but it’s going to take the same thing to fix it (money money money) as it has always been. I mean, Team Obama invested millions in a turnout operation in various parts of the country, and by all accounts it was successful. What effect might that have had here? I hope someday to find out.

– For all my skepticism of the polling in Texas, the pollsters were fairly in the ballpark on Romney’s margin of victory. I have to say, had you told me on Monday that Romney was going to win here by 16 points, I would never have believed that Wendy Davis and Pete Gallego would have won, and I would have doubted Dems’ ability to win the four contested seats in the Lege that they did. But they did, which is both a tip to the skill of the redistricters and a reminder that things could have been better. Overall, I’d grade it as a B- for Texas Dems – the Davis, Gallego, and Craig Eiland wins were huge, but there were missed opportunities, especially in Harris and Dallas Counties, where too many judges lost in the former and two Democratic legislative challengers fell just short in the latter.

– I don’t want to dwell too much on the legislative races, since we’re going to get a new map once the San Antonio court incorporates the DC Court’s ruling into their lawsuit, but there will clearly be more opportunities in 2014. Still, it should be apparent by now just how steep the hill is. Dems came close to parity in the Lege last decade in large part to a sizable rural contingent and an ability to win seats in otherwise-Republican districts. Well, the rural Dems are virtually extinct, and outside of Davis and maybe Eiland I doubt there were any crossover stars this time around; I’ll know for sure when I see precinct data. I still think there will be opportunities for both based on the forthcoming school finance ruling and 2013 legislative session, but we’re a long way from each and candidates still need to be found.

– One question I had going into this race was how well Obama would do in predominantly Latino areas. In 2008, Obama lagged behind the rest of the Democratic ticket in these areas, possibly due to lingering resentment over Hillary Clinton’s loss to him in the primary, but as we know Democrats nationally and Obama specifically have seen Latino support go up since then. Here’s a quick and dirty comparison to 2008 in some heavily Latino counties that will have to do until I get precinct data:

County 08 Obama 12 Obama 08 turnout 12 turnout ======================================================== Cameron 64.08% 65.72% 43.37% 41.46% El Paso 65.87% 65.63% 47.67% 44.58% Hidalgo 69.01% 70.42% 42.83% 45.59% Maverick 78.20% 78.60% 40.43% 37.84% Webb 71.44% 76.56% 44.40% 44.28%

Nice gain in Webb, modest gains in Cameron and Hidalgo. It’s a start.

– Congressional loser Quico Canseco is whining about fraud.

Gallego finished 13,534 votes ahead of Canseco early Wednesday morning.

“The race is not over, and it won’t be until all votes are properly and legally counted,” Canseco said in a statement the morning after the election.

Gallego campaign spokeswoman Rebecca Acuna said there is “no way” voter fraud occurred. “This just shows a lot about [Canseco’s] character, because he chose to go this route” rather than concede and congratulate Gallego, she said.

Canseco’s campaign alleges that officials in Maverick County double- or triple-counted some of the early vote sheets. A complaint to the Secretary of State indicates that Canseco’s campaign found a minimum of 57 duplicate votes when reviewing a list provided by the Maverick County Elections Office. The campaign also alleges that another county used photocopied ballots, a criminal offense, and that an extended delay in counting votes from other counties left “other questions unanswered.”

“There are too many disturbing incidents to declare this race over,” Scott Yeldell, Canseco’s campaign manager, said in a statement. “During the next several days we will be looking into these reports to assure only legal votes have been counted in this election.”

But Acuna said even if all the votes from Maverick County — where Gallego received 6,291 more votes than Canseco — were excluded, Gallego still would have come out ahead. “His argument — it’s not at all valid,” she said. “We won this race; it’s simple math.”

I don’t expect this to go anywhere.

– In Harris County, those last nine precincts were finally counted. Obama’s margin of victory in the county inched up to 585 votes, but as far as I can tell none of the downballot races were affected. Obama’s total was down about 6000 votes from 2008, while Romney improved on McCain by about 13,000 votes. Still, as noted in the comments yesterday, provisional ballots have not yet been counted, and overseas ballots are still arriving, Judges Kyle Carter (1,499) and Tad Halbach (2,786) had the smallest margins in those races, while Mike Sullivan also had a close shave, winning by 2,498 votes and a 48.94% plurality thanks to the presence of a Libertarian candidate that received 2.34%. I still don’t think any races are likely to change, but I daresay all three of these gentlemen will not rest easy until the counting has truly ceased.

– I have to mention a couple of national stories. First, Tuesday was a great day for marriage equality.

Voters in Maryland and Maine legalized same-sex marriage by popular vote Tuesday, the first time in U.S. history that gay marriage has been approved at the ballot box.

In Maryland, voters approved marriage equality 52 percent to 48 percent with 93 percent of precincts reporting, according to the Associated Press. The state government passed legislation legalizing same-sex marriage, but opponents succeeded in putting the issue on the ballot in November.

“Over these past few weeks, Marylanders joined together to affirm that for a free and diverse people of many faiths — a people committed to religious freedom — the way forward is always found through greater respect for the equal rights and human dignity of all,” Maryland Gov. Martin O’Malley (D), a champion of marriage equality in the state, said in a statement late Tuesday.

The AP also declared Maine voters had approved same-sex marriage Tuesday after defeating a referendum on it just three years ago, a sign of how quickly Americans’ views on the issue are evolving. With 57 percent of precincts reporting, the ballot measure led 54 percent to 46 percent.

In a third victory for gay rights advocates, Minnesota voters defeated a state constitutional amendment that would have banned same-sex marriage, according to CNN and the AP. Thirty other states have gay marriage bans on the books, including North Carolina’s, approved as recently as May 2012.

Proponents of marriage equality were still hoping Wednesday for a fourth victory in Washington, where a measure to approve gay marriage was still too close to call as of Wednesday morning.

Remember when this was an issue used to bludgeon Democrats? Never again, and thank goodness for it.

Poor John Cornyn. At the beginning of this year, you could have gotten lower odds on the Astros winning the World Series than the Democrats not only holding the Senate but making gains. Yet that’s exactly what happened.

“It’s clear that with our losses in the presidential race, and a number of key Senate races, we have a period of reflection and recalibration ahead for the Republican Party,” the Texas Republican said in a statement released by the National Republican Senatorial Committee, which he directs. “While some will want to blame one wing of the party over the other, the reality is candidates from all corners of our GOP lost tonight. Clearly we have work to do in the weeks and months ahead.”

As of early Wednesday morning, Democrats (with an assist by an Independent in Maine) had picked up four Republican seats while losing just one of their own. Not a single Democratic incumbent was defeated.

Cornyn, who hopes to win a party leadership position in the new Congress, is now explaining the reasons for the 2012 failure.

“We know that our conservative vision is the right one to secure a stronger America for future generations,” Cornyn said in his statement. “We know that we are the party of big, bold ideas with the courage to fight for what’s right even if it’s not politically expedient. It was that courage and that vision that led to important gains for our party in 2010. But all of us should continue to learn from both our victories and our defeats, and work together to build an even stronger Republican Party.”

Basically, the Republicans had first and goal at the one yard line. Then, after a false start, two quarterback sacks, and an intentional-grounding penalty, their 50-yard field goal attempt was blocked by Elizabeth Warren, and returned for a touchdown by Joe Donnelly. The Democrats then added insult to injury by going for two and converting successfully. You just cannot overstate the degree and the stunningness of the turnaround in fortune. And if Big John thinks that the Republicans should just keep doing what they’ve been doing, well, I won’t try to persuade him otherwise.

– Other results of interest: The city of Austin will adopt City Council districts, while League City banned red light cameras. At least some things never change.

That’s all for now. PDiddie, Mark Bennett, Murray Newman, Harold Cook, and TM Daily Post have more, while Texas Parent PAC takes a victory lap.

New map, new opportunities: Outside the urban areas, part 1

Here’s the first post in my series of analyses of the new districts. I’m using 2008 electoral data, since the next election is a Presidential year, and I feel confident that the districts were drawn with an eye strongly towards protecting Republican gains in such a year. Without further ado, here we go.

HD12

District: 12

Incumbent: None

Counties: McLennan (part), Limestone, Falls, Robertson, Brazos (part)

Best 2008 Dem performance: Sam Houston, 46.67%

This district contains parts of Jim Dunnam’s old district, with the eastern part of the old HD57 being chopped off and reconstituted to accommodate Marva Beck. Lack of an incumbent is a big part of the draw here. A big downside is the eight point spread from the top of the ticket – neither Obama nor Noriega cracked 40% – to the Sam Houston number, which suggests that any Democratic candidate may have to swim against the tide. Lack of an incumbent also means you can’t accuse the other guy of voting to gut public education. Not a top priority, and may never be on the radar, but deserves a decent candidate for the first go-round at least.

HD17

District: 17

Incumbent: Tim Kleinschmidt (first elected in 2008)

Counties: Lee, Bastrop, Caldwell, Gonzales, Karnes

Best 2008 Dem performance: Susan Strawn, 48.27% (plurality)

Big change in this district, which used to contain Burleson, Colorado, Fayette, and parts of Brazos. Basically, it shifted south. Bastrop is the population center, and it was a purple county in 2008, with Strawn and Sam Houston scoring pluralities there. The more it becomes an Austin suburb a la Hays and Williamson, the better the prospects for a win. This district was on the radar for Dems in 2008 as an open D seat and in 2010, and I expect it will continue to be.

HDs 32 and 34

District: 32
District: 34

Incumbent: Todd Hunter (HD32, first elected in 2008); Raul Torres and Connie Scott (HD34, first elected in 2010)

Counties: Nueces

Best Dem performance in 2008: For HD32, Sam Houston, 46.20%. For HD34, Sam Houston, 58.83%

HD32 can charitably be described as a reach if Hunter runs for re-election. Nueces County has been trending away from the Democrats, the three counties that were removed from HD32 (Aransas, Calhoun, and San Patricio) were a net winner for Juan Garcia, whom Hunter defeated in 2008, and Hunter has done very well both in terms of fundraising and moving up the ladder in his two terms. However, it’s the worst kept secret in the state that Hunter wants to run for Congress, and if that map is at all favorable to him this seat may be open in 2012. So keep that in the back of your mind.

I’ll be honest, I’m not really sure why Torres and Scott were paired, unless they were considered to be hopeless cases for salvation. This is the more Democratic part of Nueces, with all Dems in 2008 winning a majority, up to 20 points in their favor downballot. This has got to be one of the easiest pickup opportunities for the Dems in 2012.

HD35

District: 35

Incumbent: Jose Aliseda (first elected in 2010)

Counties: Atascosa, LaSalle, McMullen, Live Oak, Bee, San Patricio, Duval

Best 2008 Dem performance: Sam Houston, 50.77%

Republicans have been trying to carve out a South Texas district for themselves for awhile, and this one may be their best shot going forward. The good news for them is that McCain and Cornyn scored solid wins in 2008, with McCain getting nearly 55% and Cornyn 51%. The bad news is that Dems carried the rest of the races, with Houston, Strawn, and Linda Yanez all getting majorities. Aliseda got into one of the more entertaining kerfuffles during the House debate over HB150; I don’t know if he got what he wanted or not, but what he got is a very swingy district that may be a battleground through the decade.

HD41

District: HD41

Incumbent: Aaron Pena (first elected as a Democrat in 2002, switched parties after the 2010 election)

Counties: Hidalgo (part)

Best Dem performance in 2008: Sam Houston, 60.15%

I can’t think of a single seat the Democrats would like to win more than this one. Technically, Pena is the incumbent in HD40, and Veronica Gonzales is the incumbent in HD41, but as the Legislative Study Group noted:

CSHB150 also radically changes Hidalgo County districts in an effort to squeeze a partisan performing district out of the existing population. The incumbent in HD 40 would only represent 1.5 % of his current district, and the incumbent in HD 41 would only represent 1.1 % of her district. The gerrymandered map in Hidalgo County takes great pains to draw the incumbents in HD 40 and 41 into almost entirely new districts, narrowing down to one city block at times.

For this reason, the district numbers were swapped, thus giving Pena and Gonzales most of their previous constituents back. Despite being on the Redistricting Committee and drawing what one presumes was the best map he could for himself, Pena isn’t exactly sitting pretty. The low score among Democrats was Obama’s 54.83%, with everyone but Jim Jordan getting at least 56%. Do his constituents love him enough to overcome the party label or not? Assuming he does run for re-election, that is.

Peña said he is in employment negotiations with a law firm that would require him to move out of the Valley. If he does take the job, he said, he won’t seek office in 2012.

In other words, he’s got a graceful way out if he decides that he can’t win his custom-designed district. We’ll find out soon enough. More non-urban areas coming up next.

Solomons State House map 2.0

Go to http://gis1.tlc.state.tx.us/ and check out Plan H134 for a revised State House map from House Redistricting Chair Burt Solomons. Here’s the Harris County view:

Harris County, take two

Still 24 districts, with either Rep. Scott Hochberg or Rep. Hubert Vo on the outside looking in. In this variation, HD143 goes back to being an East End seat, and HD148 regains some of its old territory in the Heights, but my part of the Heights gets moved into HD145, which would make me a constituent of Rep. Carol Alvarado. As with Rep. Ana Hernandez Luna, I would be delighted to be her constituent, but heartbroken not to be Rep. Jessica Farrar’s constituent. HD134 gains a little more outside the Loop territory, but most of the districts on the west side look not too different than they were before. Beyond Harris County, the only thing I looked for was the weird uterus-shaped HD149 that surrounds and passed through Williamson County. It’s still there. You’ve got to be a little desperate to maintain Republican hegemony if you’re drawing districts like that.

Also, State Rep. Garnet Coleman has submitted a plan, Plan H130. The Harris view:

Rep. Coleman's map for Harris County

That one has 25 seats in Harris County, so Reps. Hochberg and Vo can remain. It also puts me back into HD148, which just feels right. And as we turn our eyes to Williamson County, we see no uterine districts. All of which means that this map won’t be given a moment’s thought.

With regards to Rep. Hochberg, I note that someone has been whispering into Burka‘s ear.

I haven’t discussed Hochberg’s plans with him, but I did hear from sources close to Sarah Davis that she expects Hochberg to move into her district and run against her.

I don’t know who his sources are and I don’t know who his sources’ sources are, but I do know that I have not heard anything like this from Democrats as yet. In fact, the reaction many of us had was that it was Rep. Vo who’d gotten the short end of the stick, since the HD137 drawn (in the original map, anyway; I can’t vouch for the revised map just yet) has more of Hochberg’s precincts in it than Vo’s. I personally thought Vo might be better off running against Rep. Jim Murphy in HD133, since as noted before it might be viable for him. Burka’s sources may be right and they may be wrong, I’m just saying that I’m not hearing the same buzz that he is.

Finally, a couple of stories from the Monitor and the Guardian about redistricting in South Texas and the disposition of Hidalgo County. I figure they wind up getting shafted again, which is to say business as usual.

UPDATE: The following was sent out by email from Karen Loper, Rep. Vo’s campaign manager, last night:

Message from Hubert Vo for help with redistricting

The Texas House Committee on Redistricting  has re-drawn the district lines of the State Representatives and  filed the plan as HB150.   District 149 which is Hubert Vo’s district has been eliminated.  Many of the  precincts in his district have been moved to other districts which breaks up the voting strength of all  ethnicities including the Vietnamese.  The only 3 current Vo precincts left after they move the others are combined with District 137.

Letters should be sent as soon as possible to the redistricting committee.  We have attached two sample letters to email or fax – one is for you to use if you live in District 149 and the other should be sent if you live somewhere else.  These letters will be used  for  the committee and also will be sent to the Department of Justice (DOJ) where the redistricting map must be approved .

All you have to do is date the letter and type in your name and address at the bottom.   You can make additions to the letter if you wish to do so. The letters should not argue the Democratic and Republican point because that is not part of the DOJ’s concerns.  You can email or fax the letter. The e-mail address and fax number are listed below.  PLEASE SEND A COPY TO HUBERT VO ALSO

SEND YOUR LETTER TO:

[email protected] or Fax (512) 463-1516

AND SEND A COPY TO:

[email protected] or Fax (512) 463-0548

Sample letters were included. You can see them here and here.

MALC files redistricting lawsuit

This is the second lawsuit that has been filed in the state of Texas related to the Census and redistricting. And to think, we don’t even have a map produced by the Redistricting Committee yet.

A group of Hispanic lawmakers has filed a lawsuit against Gov. Rick Perry and the state of Texas, seeking to halt redistricting activities based on what they say are flawed and discriminatory undercounts of Hispanics during the 2010 U.S. Census.

The lawsuit by the Mexican American Legislative Caucus, filed Tuesday in Hidalgo County, alleges census officials missed 4 percent to 8 percent of the population with their special door-to-door counts in low-income colonias, unincorporated shantytowns settled largely by illegal immigrants.

The suit would apply to decennial redistricting maps currently being drawn for the Legislature, Congress and the State Board of Education.

An accurate count would mean more state and federal representation for Hispanic border and urban areas, including Cameron and Starr counties, as well as areas of Dallas and Houston, MALC spokeswoman Christina Gomez said.

There’s more on the story in The Monitor, and you can see a copy of the lawsuit here. The first lawsuit was filed in February by a group of North Texas voters who claim that only citizen populations should be used to draw legislative boundaries. You can see that lawsuit here, and there are some good comments noting the legal history of such claims in this Trib story. The irony, as noted by several people, is that if you remove undocumented immigrants from the population count, Texas surely would not have gotten four more Congressional seats. Anyway, the game is officially on, and there are likely to be more lawsuits before the inevitable one that directly challenges whatever maps are ratified (if any are) gets filed. Years ending in one are such fun.

Early voting, Day One

One day of early voting is in the can, and when all was said and done 26,051 in person votes were cast. In 2006, 8,545 in person early votes were cast. You can see a spreadsheet of 2006 daily EV results here. Daily 2010 EV results will be here.

I voted yesterday at the Metro Multi-Service Center on Gray and though there were a lot of voters, there were also a lot of available voting machines, so I got right in. Apparently, at some other locations, there was some trouble, though not of the mechanical kind.

Harris County Attorney Vince Ryan expects to meet this morning with the county’s Democratic and Republican chairmen after receiving complaints of possible voter intimidation on the first day of early voting on Monday.
The complaints came from predominantly minority precincts.

“We have a long way to go in this election, and we’re committed to having it done lawfully and successfully,” said Terry O’Rourke, first assistant Harris County attorney.

The complaints, he said, came from Kashmere Gardens, Moody Park, Sunnyside and other predominantly minority neighborhoods. The complaints included poll watchers “hovering over” voters, “getting into election workers’ faces” and blocking or disrupting lines of voters waiting to cast their ballots.

[…]

True the Vote, a nonprofit organization founded by several Tea Party activists who go by the name King Street Patriots, had promised to verify voters’ credentials at polling places, but it was unclear whether complaints involved members of the group.

“I’m pretty confident that’s who it is,” said Gerry Birnberg, chairman of the Harris County Democratic Party. “Just connect the dots. No. 1, too much of the same thing was going on at each of the polling locations. No. 2, it’s consistent with what they announced they were going to do.”

Yeah, I’m pretty sure that’s who it is, too. And I’m glad Vince Ryan is in the County Attorney’s office, because I’m confident he’ll thoroughly investigate this and ensure that nothing illegal is going on. If you encounter anything like this, this is all you need to know to cast a vote.

To vote, a person may present one of the following documents: a voter registration card, a driver’s license, a picture identification of any kind, a birth certificate, a U.S. Citizenship or Naturalization certificate, a U.S passport, a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. First time voters who registered by mail and did not provide their driver’s license number or identification number will need to provide another form of identification other than their voter registration certificate.

Don’t let anyone stop you from exercising your right to vote.

Beyond that, the big question is about turnout. Out of curiosity, to see if there are any clear indicators of a surge in partisan voting, I compared the totals in the different State Rep districts. Here’s how that looks:

2006 final Strong R = 74,821 = 43.7% Medium R = 19,117 = 11.2% Medium D = 32,971 = 19.2% Strong D = 39,756 = 23.2% 2006 Day One Strong R = 3,411 = 39.9% Medium R = 1,004 = 11.7% Medium D = 1,821 = 21.3% Strong D = 1,912 = 22.4% 2010 Day One Strong R = 12,240 = 47.0% Medium R = 2,314 = 8.9% Medium D = 4,689 = 18.0% Strong D = 6,125 = 23.5%

I define as follows:

Strong R = HDs 126, 127, 128, 129, 130, 135, 136, 150
Medium R = HDs 133, 138, 144

Medium D = HDs 134, 137, 149
Strong D = HDs 131, 139, 140, 141, 142, 143, 145, 146, 147, 148

I excluded the downtown location from all calculations, so the percentages don’t sum to 100. Combining the two:

2010 Day One R = 55.9% 2010 Day One D = 41.5% 2006 final R = 54.9% 2006 final D = 42.4% 2006 Day One R = 51.6% 2006 Day One D = 43.7%

Lots of things to keep in mind here. Early voting in general is more prevalent now than it was in 2006, when a smidge fewer than 30% of all votes in Harris County were cast early in person. That’s especially true this year, when everyone has been urged to vote early due to the fire that destroyed all of the county’s voting equipment. I’d guess that at a minimum, we’ll have double the in person early vote total from 2006. This is also a very crude way to gauge partisan interest, since even the strong partisan districts can have big pockets of voters from the other party. We’ll know a lot more when the roster of who voted gets released, so we can see what precincts these voters are in. Finally, strong early voting isn’t particularly predictive of final turnout. A lot of these early voters are just people who would have voted on Election Day in previous years. It’s way too early to make any guesses about final turnout, but it will be important to not overestimate based on EV totals.

The vote by mail totals are way up as well, with a bit more than twice as many mail ballots being sent in 2010 than in 2006. Mail ballots tend to be heavily Republican, but I expect that this too is mostly a shift in voting behavior rather than an increase in votes. I also figure more Democrats than usual requested absentee ballots, as an alternative to early voting. But we’ll see how it goes.

Campos has a comparison to 2008, which is interesting but not quite the same thing, as Presidential years draw very different voting populations. The early vote totals for the top 15 counties are not up yet, so we can’t say how things look elsewhere, though Hidalgo County showed good numbers for Monday. Again, how much of that is an increase in voters and how much is a shift in voting behavior is unclear. We’ll know more soon enough. BOR has more.

So much for Abbott’s big “voter fraud” case

Back in 2005, Attorney General Greg Abbott announced with a flourish a rash of arrests in South Texas on various counts of voter fraud. These arrests, some of which were announced while the Lege was debating a voter ID bill, were cited as evidence by Abbott of an “epidemic”, for which voter ID was naturally the solution. Many of these cases ultimately wound up being dismissed, with the last batch in Hidalgo County getting dropped last week.

In 2005, Belasquez and seven other politiqueras — operatives paid by campaigns to collect votes — were indicted on charges they mishandled ballots of elderly and disabled voters during their work on the McAllen mayoral race earlier that year.

At the time, Texas Attorney General Greg Abbott, a Republican, described the case as yet another reminder that “voter fraud is occurring on a large scale when viewed statewide, and consequently, our state elections are significantly impacted.”

Hidalgo County District Attorney Rene Guerra, a Democrat, cautioned local politicians that the indictments should serve as a warning to all those who thought they could get away with tampering with local elections.

But despite the fanfare, nearly all the charges have been dismissed five years later.

[…]

The problem with all the McAllen voter fraud cases, said Guerra during a recent interview, was that the investigations were weak, pushed on his office by the Texas Rangers and the attorney general and nearly impossible to prove at trial.

Many of the allegations involved politiqueras purportedly pressuring disabled and elderly voters to select certain candidates on their mail-in ballots. But without actually proving the election workers filled out or changed the ballots themselves, it was nearly impossible to convince a jury that criminal activity occurred, the DA said.

“I don’t care what party you’re from, you’re going to have people out hustling votes,” he said. “In some places, they’ll call them politiqueras. In others, they’ll call it paid campaign staff.”

See here, here, and here for some background. One thing that’s been true in all of the cases Abbott has pushed is that they involved mail in ballots, which as I’ve observed would be unaffected by any legislation that required photo ID to vote in person. Abbott and his allies, of course, never drew that distinction, since the purpose of the voter ID legislation that keeps getting pushed in the Lege isn’t about stopping the kind of voter fraud that actually happens, it’s about making it harder for certain people to vote. In the end, even the fraud cases that Abbott claimed to have found turned out to be a whole lot of nothing. It’s no surprise to me.