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Jerry Davis

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

Anna Eastman

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

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

2018

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

2016

Winners – CD15, HD27
Losers – SBOE6

2014

Winners – Senate, SBOE13
Losers – HD105

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

2010
Winners – CD10, HD76*

2008
Winners – CD32, RRC

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

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

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

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

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

Runoff roundup

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

US Senate – MJ Hegar versus Royce West

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

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

Railroad Commissioner – Chrysta Castaneda versus Roberto Alonzo

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

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

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

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

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

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

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

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

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

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

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

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

HCDP statement on Natasha Ruiz

From the inbox:

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

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

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

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

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

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

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

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

HD142 and the case of the mystery candidate

WTF?

Rep. Harold Dutton

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

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

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

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

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

Davis didn’t disagree with Dutton’s assessment.

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

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

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

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

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

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

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

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

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

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

2020 primary results: State races

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

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

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

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

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

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

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

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

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

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

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

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

The interviews I didn’t do

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Endorsement watch: More State Reps

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

Natali Hurtado in HD126:

Natali Hurtado

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

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

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

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

Akilah Bacy in HD138:

Akilah Bacy

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

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

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

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

Rep. Jarvis Johnson in HD139:

Rep. Jarvis Johnson

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

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

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

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

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

Rep. Harold Dutton in HD142:

Rep. Harold Dutton

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

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

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

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

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

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

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

Chron overview of the HD142 primary

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

Rep. Harold Dutton

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

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

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

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

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

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

[…]

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

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

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

January 2020 campaign finance reports: City of Houston

We’re done with the 2019 Houston election cycle, but there are still things we can learn from the January 2020 campaign finance reports that city of Houston candidates and officeholders have to file. Other finance report posts: My two-part look at the State House was here and here, Harris County offices were here, statewide races were here, and SBOE/State Senate races were here.


Candidate     Raised      Spent     Loan     On Hand
====================================================
Turner       359,567    780,735        0     293,503
Peck           1,075     17,435    5,000          72
Davis          4,000     14,164        0     139,068
Kamin         24,158     93,810        0      18,717
E-Shabazz     14,394     18,965        0       2,145
Martin        14,600     48,754        0     148,989
Thomas        20,263     21,642        0      11,675
Travis         9,850     70,904   21,000      51,484
Cisneros      15,050     44,687        0      24,169
Gallegos      16,850     46,055        0      76,776
Pollard        4,525     25,007   40,000       1,882
C-Tatum       16,250      8,520        0      71,747
Knox           6,900     29,075        0       4,302
Robinson      11,625     82,515        0      40,735
Kubosh        14,770     31,570  276,000      94,540
Plummer       71,168     83,491   21,900      11,068
Alcorn        21,535     76,313        0      16,374
Brown          1,650    102,340   75,000      14,128

Bailey             0      2,400    2,600          70
Jackson       43,845     18,338        0      28,343

Buzbee         1,903    460,888        0      63,531
King          29,925    161,047  420,000      11,567
Parker             0     38,750        0      26,184
Laster             0     12,579        0     162,209
Salhotra      24,010     75,837        0       9,060
Sanchez       40,056     92,678        0      10,636
Edwards          499    109,812        0      89,987

HouStrongPAC       0     10,000        0      51,717

Nominally, this period covers from the 8 day report before the November election (which would be October 27) to the end of the year, but for most of these folks it actually covers the 8 day runoff report to the end of the year, so basically just the month of December. In either case, this is the time when candidates don’t raise much but do spend down their accounts, as part of their GOTV efforts. For those who can run for re-election in 2023, they will have plenty of time to build their treasuries back up.

Mayor Turner will not be running for re-election again, but it’s not hard to imagine some uses for his existing (and future) campaign cash, such as the HERO 2.0 effort or the next round of city bonds. He can also use it to support other candidates – I’m sure he’ll contribute to legislative candidates, if nothing else – or PACs. That’s what former Mayor Parker has done with what remains of her campaign account. Nearly all of the $38,750 she spent this cycle went to the LGBTQ Victory fund, plus a couple of smaller contributionss to Sri Kulkarni, Eliz Markowitz, and one or two other campaigns. Tony Buzbee has restaurant bills to pay, and those endless emails Bill King spams out have to cost something.

Others who have campaign accounts of interest: As we know, Jerry Davis has transferred his city account to his State Rep campaign account. I’ve been assuming Mike Laster is going to run for something for years now. The change to four-year Council terms may have frozen him out of the 2018 election, when he might have run for County Clerk. I could see him challenging a Democratic incumbent in 2022 for one of the countywide offices, maybe County Clerk, maybe County Judge, who knows. It’s always a little uncomfortable to talk about primary challenges, but that’s what happens when there are no more Republicans to knock out.

Other hypothetical political futures: Dave Martin could make a run for HD129 in 2022 or 2024, or he could try to win (or win back) Commissioners Court Precinct 3 in 2024. If Sen. Carol Alvarado takes my advice and runs for Mayor in 2023, then maybe State Rep. Christina Morales will run to succeed her in SD06. If that happens, Robert Gallegos would be in a strong position to succeed Morales in HD145. Michael Kubosh wasn’t on my list of potential Mayoral candidates in 2023, but maybe that was a failure of imagination on my part. As for Orlando Sanchez, well, we know he’s going to run for something again, right?

You may be wondering, as I was, what’s in Amanda Edwards’ finance report. Her activity is from July 1, since she wasn’t in a city race and thus had no 30-day or 8-day report to file. Her single biggest expenditure was $27K to Houston Civic Events for an event expense, and there were multiple expenditures categorized as “Loan Repayment/Reimbusement” to various people. Perhaps she has transferred the balance of her account to her Senate campaign by this time, I didn’t check.

Most of the unsuccessful candidates’ reports were not interesting to me, but I did want to include Raj Salhotra here because I feel reasonably confident that he’ll be on another ballot in the short-term future. The HISD and HCC Boards of Trustees are both places I could see him turn to.

Last but not least, the Keep Houston Strong PAC, whose treasurer is former Mayor Bill White, gave $10K to Move to the Future PAC. That’s all I know about that.

The Jerry Davis situation

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

CM Jerry Davis

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

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

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

[…]

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

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

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

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

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

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

To date, no one has challenged Davis’ eligibility.

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

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

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

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

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

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

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

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

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

January 2020 campaign finance reports: State House, part 1

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

Undrai Fizer, HD126
Natali Hurtado, HD126

Sam Harless, HD126

Josh Markle, HD128
Mary Williams, HD128

Briscoe Cain, HD128
Robert Hoskins, HD128

Kayla Alix, HD129

Dennis Paul, HD129
Ryan Lee, HD129

Bryan Henry, HD130

Tom Oliverson (PAC), HD130

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

Gina Calanni, HD132

Angelica Garcia, HD132
Mike Schofield, HD132

Sandra Moore, HD133

Jim Murphy (PAC), HD133

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

Sarah Davis, HD134

Jon Rosenthal, HD135

Merrilee Beazley, HD135
Justin Ray, HD135

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

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

Jarvis Johnson, HD139
Angeanette Thibodeaux, HD139

Senfronia Thompson, HD141
Willie Franklyn, HD141

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

Shawn Thierry, HD146
Ashton Woods, HD146

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

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

Lui La Rotta, HD148

Michael Walsh, HD150

Valoree Swanson, HD150


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

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

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

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

Alix           2,141     1,343        0         898

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

Henry          3,385     2,901        0       3,385

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

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

Calanni       82,002    24,571        0      70,770

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

Moore          2,000     2,539        0       1,502

Murphy       120,076   132,583        0     487,913

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

Davis         89,750    76,040        0     230,958

Rosenthal     70,841    42,143        0      41,320

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

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

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

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

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

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

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

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

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

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

Walsh              0        33        0          33

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

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

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

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

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

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

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

After-deadline filing review: Houston area

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

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

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

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

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

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

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

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

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

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

All have filed who are going to file

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

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

– News item #1: Commissioner Steve Radack retires.

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

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

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

[…]

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

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

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

[…]

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

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

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

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

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

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

Bonton is running for the seat again this cycle.

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

– News item #3:

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

– News item #4:

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

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

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

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

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

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

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

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

It could be March before District B gets to vote in their runoff

And honestly, by the same calculations, it could go later than that.

Cynthia Bailey

The Houston City Council District B runoff could be delayed until March if a lawsuit contesting last month’s election result is not resolved by Monday, the Harris County Attorney’s office said.

The third-place finisher in the race filed the contest, arguing that second-place finisher Cynthia Bailey’s felony conviction bars her from holding public office.

Meanwhile, incumbent District B Councilman Jerry Davis said he intends to hold the seat until a successor is elected, while Harris County Precinct 1 Commissioner Rodney Ellis said the runoff should not have been delayed.

“There’s a lot of people out there that are angry,” Ellis said at this week’s Commissioners Court meeting on Tuesday. “And to be honest with you, I’m angry as well.”

Assistant County Attorney Douglas Ray said Dec. 9 is the deadline to place District B on the Jan. 28 ballot, which also will feature the runoff for the vacant District 148 seat in the Texas House of Representatives. The county will begin sending mail ballots for that election next week, Ray said.

“We don’t want to have to run another election in addition to the ones that we’re already doing,” Ray said.

A hearing on the election contest has been scheduled for Friday.

See here for the previous update. According to the Secretary of State, the deadline to send out the mail ballots for the March primary election is January 18th. That means that if we don’t have a resolution by the 9th, we have a bit less than six weeks to get resolution in time to have the election in March. Otherwise, the next opportunity is May. Isn’t this fun?

The District B race was a topic of discussion at Commissioners Court, where Ellis questioned whether the county should have yanked the runoff from the ballot. He suggested the county attorney could have sought to quickly dismiss Jefferson-Smith’s suit so the runoff could proceed as scheduled.

Ellis said the county’s decision sets a dangerous precedent where any disgruntled party could cause delays to an election.

“We’re going to be the laughingstock of the country if there’s some last-minute challenge, and then somehow we’re going to affect the presidential primary on Super Tuesday,” Ellis said.

County Judge Lina Hidalgo suggested the county attorney’s office develop a strategy to more quickly resolve election challenges in the future.

To be fair, the fact that the state law in question is ambiguous and has not been resolved by a court is part of the problem. Short of declaring Bailey ineligible when she filed, I’m not sure what the County Attorney can do or could have done. That said, I Am Not An Attorney, and they are (it’s right there in the name), so maybe they can think of something. Whatever they do think of, getting that law fixed needs to be a priority as well.

City and county leaders have said they support keeping Davis on council until his replacement is named.

“Although his term will expire on January 2, 2020, the City expects Council Member Jerry Davis to serve on a holdover basis (if necessary) until his successor is elected and qualified for office,” said Alan Bernstein, communications director for Mayor Sylvester Turner.

While some question whether that may run afoul of the city’s term limits, Davis and county officials said the Texas Constitution allows him to stay.

“All officers of this State shall continue to perform the duties of their offices until their successors shall be duly qualified,” Article XVI of the Constitution says.

I’m fine with this as well, but we all know this is another lawsuit waiting to happen, right? Lord help us if Davis is on the winning side of a 9-8 vote in Council in 2020. It sure would be nice if we get a verdict by Monday.

Lawsuit filed over District B candidate eligibility

All right then.

Cynthia Bailey

Renee Jefferson-Smith, who trailed Cynthia Bailey by 168 votes in unofficial returns, sued the city of Houston and Harris County Thursday, contending that Bailey’s 2007 conviction for forging a $14,500 check makes her ineligible to appear on the ballot.

The Texas Election Code says candidates are eligible to run for office if they have not been “finally convicted” of a felony from which they have “not been pardoned or otherwise released from the resulting disabilities,” though the law does not define “resulting disabilities.”

In the state district court lawsuit, which seeks an injunction and temporary restraining order to bar Bailey from appearing on the ballot, Jefferson-Smith also argued that Bailey may have committed perjury by affirming in her candidacy application that she had not been convicted of a felony.

Though the law appears to prohibit convicted felons from seeking office, candidates with felony records successfully have reached the ballot in HoustonAustin and San Antonio, and the law has yet to be thoroughly tested in court.

For now, Bailey is set to face Tarsha Jackson in the District B runoff. The district, which covers several north Houston neighborhoods including Fifth Ward and Acres Homes, currently is represented by term-limited Councilman Jerry Davis. Jackson finished atop the 14-candidate field with 20.8 percent of the vote in Tuesday’s election.

[…]

In the petition filed Thursday, Jefferson-Smith also contended that Bailey’s criminal record “will guarantee a victory for the other runoff candidate and deny voters in District B a real choice.”

Replacing Bailey in the runoff, Jefferson-Smith argued, would give voters “the opportunity to choose between two eligible candidates for the position of Council member for District B, thus ensuring that District B voters are not disenfranchised.”

Jefferson-Smith declined to comment through a spokesperson, though she posted about the lawsuit on Facebook Thursday.

“I had a decision to make, and believe me it was extremely tough, so please understand; this lawsuit and fight is not about me, it’s about the people in District B,” she wrote.

Jackson said she was disappointed Jefferson-Smith filed the lawsuit, and argued that Bailey should not be kept off the ballot.

“I’ve spent my whole life fighting for criminal justice reform and fighting for people to have a second chance. All the candidates knew she had a criminal record when the story came out,” Jackson said, referring to a Chronicle story published last month. “She finished second despite the story, and I think she should be able to finish the race.”

As you well know, I Am Not A Lawyer, so I have no idea what the courts will make of this. I expect we will get a quick decision, likely followed by a quick appeal to the 1st or 14th Court of Appeals, which in turn will either rule or refuse to take up the matter in short order.

Bailey’s status was reported by the Chron in October in a story that was primarily about residency requirements. You will note that three other candidates who were on the ballot were in the same boat, though none of them came close to advancing. You may also recall that former Geto Boy Willie D decided not to file in District B over concerns about his own status. I wonder what he’s thinking right now.

I don’t have a problem with the filing of the lawsuit, especially if one believes that Bailey would be prevented from taking office in the event she won because of her status. We don’t know that would happen, but it could and it seems likely that someone would take legal action to force the question. I would have preferred to adjudicate the question before the actual election, precisely to avoid issues like this, but the courts in their wisdom prefer to only get involved after elections. I’d also prefer for people like Bailey and Willie D to be able to run for office after they finish serving their sentences, but at the very least the law in Texas is unclear on that. I’ll keep an eye on this and we’ll see what the courts have to say.

July 2019 campaign finance reports: Open City Council seats, part 1

There are seven more Council races to examine, all open seats thanks to a couple of incumbents either stepping down (Steve Le in F) or running for something else (Dwight Boykins in D, at least for now). I’m going to split these into two posts, with Districts A, B, and C in this one. A look at the Council races with incumbents, plus the Controller’s race, is here. As before, my look at the January 2019 finance reports for Houston candidates is here, and all of the finance reports that I have downloaded and reviewed are in this Google folder. Except for the reports that were filed non-electronically, which you can find here. Erik Manning’s invaluable spreadsheet remains my source for who’s in what race.

Amy Peck – District A
Mehdi Cherkaoui – District A
Iesheia Ayers-Wilson – District A

Robin Anderson – District B
Cynthia Bailey – District B
Patricia Bourgeois – District B
Alvin Byrd – District B
Karen Kossie-Chernyshev – District B
William Dennis – District B
Tarsha Jackson – District B
James Joseph – District B
Alice Kirkmon – District B
Alyson Quintana – District B
Renee Jefferson Smith – District B
Rickey Tezino – District B
Ben White, Jr – District B
Huey Wilson – District B

Kendra Yarbrough Camarena – District C
Candelario Cervantez – District C
Anthony Dolcefino – District C
Rodney Hill – District C
Abbie Kamin – District C
Shelley Kennedy – District C
Greg Meyers – District C
Bob Nowak – District C
Daphne Scarbrough – District C
Mary Jane Smith – District C
Kevin Walker – District C
Amanda Kathryn Wolfe – District C


Candidate     Raised      Spent     Loan     On Hand
====================================================
Peck          31,697     15,122    5,000      20,185
Cherkaoui     11,500      8,681    8,000       2,818
Ayers-Wilson

Anderson      1,465         820        0         540
Bailey        7,400       3,787        0       3,612
Bourgeois
Byrd         15,809      10,731    2,500       7,195
K-Chernyshev
Dennis        1,000           0        0       1,000
Jackson      24,813       5,306        0      20,787
Joseph
Kirkmon
Quintana     10,868       4,632        0       6,505
Smith        53,167      27,958        0      25,208
Tezino
White
Wilson

Camarena     13,638          12        0      13,625
Cervantez     1,954          46        0       1,908
Dolcefino     2,836           0        0       1,750
Hill
Kamin       175,490      44,557        0     141,382
Kennedy      39,651      40,600	       0       6,677
Meyers       25,722      10,004   20,000      34,297
Nowak        13,186       8,697        0       4,488
Scarbrough   31,195       5,849        0      22,195
Smith        58,906      20,696        0      38,209
Walker
Wolfe            63          43        0          20

District A is pretty straightforward. Amy Peck, currently the Chief of Staff for incumbent Brenda Stardig and a two-time candidate (2009 and 2013) before this, is the seeming front-runner. She’s the fundraising leader and there are no other brand-name Republicans in this race for an open Republican seat, which when you look at the field size in basically every other open seat race is kind of a miracle. That said, her haul so far is hardly a deterrent, and there’s still a few weeks for anyone on the fence to jump in. If the election were today, I’d make her the solid favorite. Ask me again after the filing deadline.

District B is always a fascinating mixture of experienced candidates with solid backgrounds and resumes, perennials and gadflies, and intriguing outsiders who could upend the conventional wisdom. Alvin Byrd has been Chief of Staff to two different Council members. Tarsha Jackson was a force with the Texas Organizing Project with a long record of advocacy on criminal justice issues. Cynthia Bailey is a longtime civic activist who’s leading efforts to fight illegal dumping and clean up trash. Renee Jefferson Smith had a day named for her by City Council following her Harvey recovery work. And of course, there’s Willie D of the Geto Boys. He joined the race too late to do any fundraising; the others I named account for the bulk of what has been raised, with Smith in the lead. There are some great candidates running here in a race that won’t get much attention outside the district. That’s a shame.

The district that will get most of the attention, only partly because about half of all the candidates running for anything are here, is district C. Abbie Kamin is the fundraising powerhouse by far, but it’s a big field and it won’t take that much to make it to the inevitable runoff. Kamin is an advocate for voting rights and refugees and generally makes you wonder what you’ve done with your entire life when you look and she what she’s done so far. This is a purple district with a roughly even mix of Republican and Democratic candidates, with Kamin, 2010 candidate for HD138 Kendra Yarbrough Camarena, and entrpreneur/activist Shelley Kennedy as the leading contenders in the latter group. (Nick Hellyar was there with them till he moved to the At Large #4 race.)

Mary Jane Smith is the leading fundraiser among the Republican candidates. Interestingly, her bio notes her political activism and campaign experience, but doesn’t say which party she’s been active with. That’s easy enough to figure out with a little Google searching, but I do find it curious that she wouldn’t fly her flag proudly on her own webpage. (Also, too, if you were a power broker in the last election for a county party chair, you aren’t an “outsider” in any meaningful political sense.) Anyway, Greg Meyers is a former HISD Trustee who ran against State Rep. Hubert Vo a few years ago, and Daphne Scarbrough (you can find her webpage yourself) is a longtime anti-Metro zealot. And yes, Anthony Dolcefino is the son of Wayne. You can’t say there aren’t choices in this race. I’ll fill you in on the rest tomorrow.

Two Geto Boys are better than one

Again I say, sure, why not.

Willie Dennis

William James Dennis, a rapper who goes by the stage name Willie D, has filed a campaign treasurer’s report to run for city council, becoming the second member of the Houston-based hip-hop group Geto Boys to seek a council seat.

Dennis filed a report Thursday with the city secretary’s office indicating he will run for District B, joining a field of 11 candidates.

Councilman Jerry Davis represents the district, but he has served the maximum number of terms and cannot run for reelection.

Hilton Koch, a Houston furniture dealer who is serving as campaign treasurer, confirmed Monday that Dennis is seeking the District B seat.

It is unclear, however, whether Dennis legally can be a candidate for council because he is a convicted felon.

[…]

The other candidates in the District B race are Robin Anderson, Cynthia Bailey, Patricia Bourgeois, Alvin Byrd, Karen Kossie-Chernyshev, Tarsha Jackson, James Joseph, Alyson Quintana, Renee Jefferson Smith, Ben White Jr. and Huey Wilson.

As the story notes, fellow Geto Boy Scarface is in for District D, the seat vacated by Dwight Boykins (assuming there are no backsies), where he currently faces a smaller field. I don’t know how Dennis’ past conviction will affect his candidacy, but having a conviction appears to have discouraged Booker T from running for Mayor (to be sure, there may well be other reasons why he hasn’t followed through on that). My opinion is that if you have completed your sentence you should be free and clear, but as far as I know that proposition has not been tested in the courts. So we’ll see. In the meantime, I will note that I am most familiar with District B candidates Alvin Byrd, who lost in the runoff to incumbent Jerry Davis in 2011, and Tarsha Jackson from her time with the Texas Organizing Project. Cynthia Bailey has sent out the most campaign emails, at least among candidates who have bought email lists that include mine.

July 2018 finance reports: City of Houston

Every level of government requires finance reports in January and June, whether or not there is an active election cycle in that year. That includes the city of Houston, whose january report data we inspected here. Our next election is in 2019, and while this is still traditionally a little early for there to be much activity, there are the finance reports. Here’s what we’ve got:


Candidate       Office    Raised      Spent     Loan    On Hand
===============================================================
S Turner         Mayor   585,267    137,758        0  2,260,407

C Brown     Controller    13,070     17,650        0     59,164

M Knox      At Large 1    28,225     12,691        0     62,856 
D Robinson  At Large 2    61,650     21,468        0    162,079
M Kubosh    At Large 3    72,475     23,841  276,000     82,360
A Edwards   At Large 4    40,345     26,349        0    147,883
J Christie  At Large 5     3,263      6,055        0     25,918

B Stardig       Dist A    56,439     24,738        0    116,794
J Davis         Dist B    22,750     12,487        0    147,300
E Cohen         Dist C    33,990     18,591        0     57,264
D Boykins       Dist D   126,000     55,556        0     96,400
D Martin        Dist E    43,900     17,226        0    123,730
S Le            Dist F     4,000      6,445   30,823     10,570
G Travis        Dist G    69,468     81,775   21,000     56,571
K Cisneros      Dist H    34,399      5,660        0     49,176
R Gallegos      Dist I    32,875     21,319        0     80,288
M Laster        Dist J    20,330      7,524        0    173,358
M Castex-Tatum  Dist K    15,375        339    3,788     43,822

A Parker                       0     10,383        0     82,854
L Green                    5,500     42,118        0     40,492
Lift the Cap PAC               0          0        0      3,987
Citizens to Keep               0      1,803        0     47,564
 Houston Strong

As you may recall, there wasn’t much in the way of fundraising for anyone except Mayor Turner last time. I don’t know if it’s due to the time of year, the approach of the next election, or the overall political climate, but as you can see nearly all of our elected officials have been busy. The report for Martha Castex-Tatum, who was elected in May to succeed the late Larry Green, is in a shorter period than everyone else since she had to post 30-day and 8-day reports for her cycle; the others are all for the full January through June time frame.

Looking at these numbers, only Jack Christie has acted like the term-limited Member that he is. Brenda Stardig, Jerry Davis, Ellen Cohen, and Mike Laster have been more or less business as usual. I’ve speculated before about the possible future ambitions they may have, and I don’t have anything to add to that. I’m sure there’s a reason why the three non-Cohen members have been stockpiling the loot like this, but until they do something tangible it’s hard to say what that might be.

Which doesn’t mean we can’t speculate at all. I look at what Dwight Boykins and David Robinson are doing and I wonder a little. Both are on the ballot next year for their final terms (as always, modulo future rulings in the interminable term limits litigation), and while Robinson had to fend off four challengers and win in a runoff in 2015, Boykins cruised home unopposed. It could be that Robinson is merely gearing up for the next battle while Boykins is doing his best to keep potential opponents at bay. It could also be that they’re looking beyond their next term to a time when both the Mayor’s office and the Controller’s office will be open seats. I have no idea and no evidence – like I said, I’m just speculating. Dave Martin is also in that “one more term and has a lot of cash” group, but we don’t tend to elect Mayors who fit Martin’s political profile, though perhaps Controller might appeal to him.

Be all that as it may, this is the first time since we switched to four-year terms and no blackout period for fundraising that we’ve seen incumbents establish a clear financial advantage for themselves. No one on the outside has yet taken a concrete step (like designating a campaign treasurer and raising their own money) towards running for a Council seat, but do keep in mind there are several now-former candidates for Congress in town who likely have some cash remaining in their coffers (sorry, I’m only checking on still-active candidates). Surely it would not be a surprise if one or more of them decided to act more locally next year. Given that possibility, it’s hard to blame any of the members who are up for re-election next year to take precautions.

The remaining reports I included because they’re there. As we learned after the death of El Franco Lee, the remaining funds in Larry Green’s campaign account are to be distributed by his campaign treasurer, whose name is Kevin Riles. As we see from Lee’s July report, there’s no particular rush to do whatever that turns out to be. I don’t remember what Citizens to Keep Houston Strong was about, but Bill White is their treasurer. I’m sure we’ll see plenty more PACs and PAC activity as we move towards referenda for firefighters’ pay parity and the revenue cap.

Deterring dumping

Tough problem, good use of technology.

[Radny] Scales, a Harris County Environmental Crimes Unit lieutenant, and his team of nine investigators depend heavily on video cameras to crack down on illegal dumping, a crime that disproportionally affects the city’s poorest neighborhoods.

The City Council voted last month to add 22 cameras to create a portfolio of nearly 150 total. Precinct 1’s nearly $600,000 program also includes a fleet of drones, as well as several full-time employees.

It’s paying dividends: A two-year program started in 2016 to catch those who illegally dump their trash in remote locations across Houston yielded 694 investigations and 396 charges.

“It’s been working for the city as a whole — better than what we thought,” said Jerry Davis, the councilman for District B, who initiated the program to catch illegal dumping.

The majority are people charged in the crime are private citizens: The average offender is a 50-year-old who dumps 75 pounds of waste, according to statistics the county provided. Contractors looking to dodge the expense of paying to throw away their garbage at a designated facility account for just 20 percent of offenders.

[…]

Beyond just being eyesores, illegal dumping sites present serious consequences, including being safety hazards and serving as a breeding ground for potentially disease-ridden mosquitoes, snakes and other wildlife. Dumping sites can also contribute to flooding and could potentially have a serious impact in future weather disasters.

“When you have drains that have been stopped up because people put furniture and tires and plastic, it’s going to cause flooding,” [Precinct 1 Constable Allen] Rosen said.

Illegal dumping is a big problem in some parts of the city, and has been for a long time. Video cameras are basically the only realistic hope for catching the perpetrators in the act, but it takes a lot of them because stuff gets dumped all over the place. It’s good some real resources being put into this, because it’s a real quality of life issue for a lot of people. I hope this is big enough and sustained enough to put a serious dent in the problem.

January 2018 finance reports: City of Houston

We didn’t have any city of Houston elections in 2017, and while we ought to have some charter amendments on the ballot in 2018 we won’t be voting for people till next year. Still, everyone has to file campaign finance reports. Let’s see how everyone has been doing since last July.


Candidate       Office    Raised      Spent     Loan    On Hand
===============================================================
S Turner         Mayor   308,744    123,288        0  1,901,225

C Brown     Controller     1,400     19,559        0     62,811

M Knox      At Large 1    36,125      8,191        0     51,946
D Robinson  At Large 2    41,575     12,117        0    126,924
M Kubosh    At Large 3     8,575      7,364  276,000     32,267
A Edwards   At Large 4    16,900     24,311        0    140,866
J Christie  At Large 5     1,264      3,892        0     28,711

B Stardig       Dist A     3,750     18,173        0     89,964
J Davis         Dist B     5,934     15,988        0    137,038
E Cohen         Dist C    10,100     31,528        0     41,691
D Boykins       Dist D    27,950     66,249        0     18,492
D Martin        Dist E     2,510     26,887        0     92,371
S Le            Dist F    21,800     11,237   30,823     13,015
G Travis        Dist G    27,050      8,211   76,000     70,817
K Cisneros      Dist H    
R Gallegos      Dist I    32,850     12,963        0     69,181
M Laster        Dist J       300      8,510        0    161,402
L Green         Dist K    29,100     36,617        0     77,110

I started writing this post before the tragic death of CM Larry Green. CM Green was among the members who are term-limited; the others are Stardig, Davis, Cohen, Laster, and Christie. I did not find a finance report for Karla Cisneros; she had $25,336 on hand in the July ’17 report. No one raised a whole lot – not a big surprise, especially given how there was already a bunch of Congressional fundraising going on in the latter half of 2017 – and in fact many people spent more than they took in. If one of the potential negatives to the change to four-year terms was that it gave incumbents that much more time to accumulate cash, I’d say that effect has so far been muted. Among the first-termers, Amanda Edwards was a big money-raiser in 2015 and Greg Travis still has loan money. Mike Knox got a boost in this period, which he will need because he’s got a big target on his back for 2019. Steve Le doesn’t have much on hand, but he too can self-fund to an extent.

While those term-limited candidates continue to be among the top cash-holders, none of them increased their shares during this period. I continue to believe that at least some of them have another candidacy in their near-term future, but that’s just my impression. Some of the possibilities they may contemplate will depend on how the 2018 elections go. Let’s not get ahead of ourselves, though. I’m just reporting what we know now. I’ll check back in July. Look for a post on the HISD and HCC reports as soon as I can get around to it.

Looking ahead to 2019

Yes, yes, I know. We’ve barely begun the 2018 cycle. Who in their right mind is thinking about 2019? I plead guilty to political insanity, but the beginning of the year is always the best time to look forward, and just as 2018 will be unlike any election year we’ve seen before, I think 2019 will be unusual, too. Let’s just take a moment to contemplate what lies ahead.

I’ve posted this list before, but just to review here are the Council members who are term-limited going into 2019:

Brenda Stardig – District A
Jerry Davis – District B
Ellen Cohen – District C
Mike Laster – District J
Larry Green – District K
Jack Christie – At Large #5

There is an opportunity for progressives to elect a candidate more favorable to them with CM Christie’s departure, and his At Large colleagues Mike Knox and Michael Kubosh will also draw attention. Against that, I would remind everyone that Bill King carried Districts C and J in 2015, so we’re going to have to play defense, too.

It is too early to start speculating about who might run where, but keep two things in mind. One is that there’s likely some pent-up demand for city offices, since there won’t have been an election since 2015, and two is that some number of people who are currently running for something in 2018 will find themselves on the sidelines by March or May, and some of them may decide to shift their focus to a more local race. The point I’m making here is expect there to be a lot of candidates, and not just for the term-limited offices. I don’t expect Mayor Turner to be seriously challenged, but I do expect the firefighters to find someone to support against him. Finally, I expect Pasadena to be a hotbed of action again for their May elections, as Democrats missed by seven votes in District B winning a majority on Pasadena City Council.

The following HISD Trustees are up for election in 2019:

Rhonda Skillern-Jones – District II
Sergio Lira – District III
Jolanda Jones – District IV
Diana Davila – District VIII

Skillern-Jones was forced into a runoff in 2015, but she then won that easily. Lira was elected this year to finish Manuel Rodriguez’s term. Jolanda is Jolanda, and no election that includes her will ever be boring. Davila sued to get on the Democratic primary ballot for Justice of the Peace, but was not successful. I have to assume whoever runs against her will make an issue of the fact that she was job-hopping in the interim.

The following HCC Trustees are up for election in 2019:

Zeph Capo – District 1
Dave Wilson – District 2
Neeta Sane – District 7

It is too early to think about who might be running for what in Houston and HISD. It is very much NOT too early to find and begin building support for a good candidate to run against Dave Wilson and kick his homophobic ass out of office. That is all.

Mayor introduces new recycling deal

There’s some stuff to like in this, and there are also questions to be answered.

Mayor Sylvester Turner

The city would send all 65,000 tons of bottles, cans and boxes its citizens recycle each year to a new processing facility to be built in northeast Houston under a 20-year deal Mayor Sylvester Turner will present to City Council next month.

The contract with Spanish firm FCC Environmental, worth up to $57 million, would allow citizens to again put glass in their 96-gallon green bins, along with cardboard, newspaper, steel cans, aluminum and plastic.

Turner, faced with a poor commodities market and rising recycling costs upon entering office last year, negotiated away hard-to-process glass in hammering out a two-year stopgap deal with the city’s current contractor, Waste Management.

Council members raised enough concerns about the new contract’s length and cost and the speed at which it was being considered that Turner canceled a Tuesday committee hearing on the topic minutes before it was to begin and pulled it from Wednesday’s council agenda.

Turner stood firmly behind the deal at a Wednesday news conference, however, saying the proposal would not only return glass to the city’s recycling program but also would require FCC to share in the risk of a crash in the commodities market, ensuring the city never pays more to recycle than it would pay to throw the same materials in a landfill.

“When you take a look at what this offers, let me simply say: state-of-the-art technology, a brand-new facility, including glass, capping the floor of what the city would have to pay should the market turn down,” Turner said. “This is an excellent deal.”

Under the proposed deal, if the revenue generated by selling recycled materials is less than $87.05 per ton, the city would pay FCC the difference, up to a maximum of $25 per ton. If the materials sell for more than $87.05, the city would get a quarter of that excess revenue.

Under the current Waste Management contract, the city’s per-ton processing fee is $92, and there is no cap on the city’s costs. Houston’s per-ton costs have ranged between $20 and $53 per ton under that deal.

Prior to the commodities market crash, the city paid a $65-per-ton processing fee.

The FCC contract also would have the city borrow $2.4 million to add eight new trucks to its aging fleet and repay the loan at a 10 percent interest rate. That is significantly higher than what the city would pay if it borrowed the money itself.

[…]

Councilman Mike Laster, who was to chair the canceled committee hearing on the topic Tuesday, echoed his colleague [CM Jerry Davis].

“There’s still a lot of a lot of questions to be answered,” he said. “That gives me concern, and I look forward to doing all I can to get the best information.”

Texas Campaign for Environment’s Rosanne Barone said the contract’s processing fee and the interest rate on the $2.4 million loan are concerning. A broader worry, she said, is whether the contract leaves the city enough flexibility to capitalize on any improvements in its recycling policies in the future. Her group long has pushed the city to adopt a plan that would help it divert more waste from landfills.

“Using taxpayer money to take out a loan for $2.4 million on eight trucks is not a good use of taxpayers’ money at all,” she said. “But the more important message here is, is this a contract that is going to be functional in the long term?”

That processing fee, which was mentioned several paragraphs after the first section I quoted above and not in any of those paragraphs that discuss current and past processing fees, is $87 per ton. Which is a lot more than the previous deal we had with Waste Management, when they took glass and commodities prices were good, but a bit less than what we’re paying now. Like CM Laster, I’d like to know more before I make any evaluations of this. Having glass included in curbside pickup again is good, and having a price guarantee is good. I don’t quite understand the loan arrangement for buying more trucks, and the length of the contract could be a concern as well. Let’s learn more and see what if any options exist to make changes. The Press has more.

When might the Supreme Court speak on the Houston term limits lawsuit?

So as you know there is an ongoing lawsuit over the language used in the 2015 referendum that altered the city’s term limits ordinance. It was filed shortly after the election, with the city winning the first round in district court. Appeals are ongoing, with the most recent ruling coming this past January on a procedural matter. In addition to all this, the plaintiff in the original suit filed a writ of mandamus with the Supreme Court on June 2 that asks them to direct the district court judge to vacate his previous order allowing the 2015 result to stand and to require city elections this November. I’m on the plaintiff’s attorney’s email list (for my sins, no doubt) and as he sent out a missive last week urging his followers to contact the Supreme Court and ask them to rule on the writ in time for an election to occur, I figured I ought to bring this up.

So as we are now halfway through June, I have to think that time is rapidly running out for a non-farcical election to be conducted this November. Normally at this time, multiple candidates for a variety of offices, especially the open ones, will have been at work for months. There are always people who pop up to run in July and August, including a few at the filing deadline, but by this point you usually have a pretty good idea of who is out there. Funds have been raised, materials have been printed, websites and social media presences have been built, volunteers have been recruited, etc etc etc. Campaigns require resources, and one of those resources is time. We’re basically four months out from the start of early voting. To get a campaign up and running from scratch, especially for an At Large position, that’s not a whole lot of time. It could be done, but it would greatly favor those who already have some of the other resources, namely money and some amount of name recognition. In other words, incumbents and people who can write a check to get their campaign going quickly.

For what it’s worth, the Supreme Court issued a ruling requiring a vote on HERO on July 24, 2015, which was in response to a writ of mandamus. That was about a referendum and thus didn’t directly involve any candidates, though I’d argue that it had a negative effect on the pro-HERO side, since the antis had been gearing up for a campaign for some time by then. Let’s call that the outer bounds of when a writ mandating city elections for this year may happen, though really I’d say that’s too late. Bear in mind that Council members Brenda Stardig, Jerry Davis, Ellen Cohen, Mike Laster, Larry Green, and Jack Christie are all in their last terms one way or the other, so if those terms wind up ending this year instead of 2019, a whole gaggle of hopefuls are going to have to get up to speed immediately. There’s no question that the Supreme Court has no qualms about meddling in the affairs of the city of Houston, but that doesn’t mean it feels compelled to do so. We ought to know soon enough.

Houston will get involved in the SB4 fight later this month

Very good to hear.

Mayor Sylvester Turner plans to ask City Council to vote this month on joining lawsuits challenging the constitutionality of Texas’ new “sanctuary cities” law, ending months of equivocation on the controversial immigration enforcement measure.

If City Council votes to sue, Houston would join San Antonio, Austin, Dallas and several other local governments already challenging the state or planning to do so.

“I will ask this month City Council to consider and vote to join the lawsuits challenging the constitutionality of SB4,” Turner tweeted Thursday morning, after the Houston Chronicle ran a front page story about his decision to remain on the sidelines of debate over the statute.

Here’s that front page story. You can see what a change of direction this is.

Mayor Sylvester Turner

Turner has asked the city attorney’s office to review the law known as Senate Bill 4, which allows police to ask people their immigration status if detained even for a routine traffic stop, but otherwise continues to deflect questions about whether he plans to challenge it.

That has meant carefully sidestepping the term “sanctuary city,” while touting Houston as a diverse, “welcoming city” and assuring residents that Houston police will not violate their constitutional rights.

On Wednesday, the mayor attempted to redirect attention to Austin by urging Houstonians to take up their concerns at the Capitol, even though the law has been signed and the Legislature is not slated to revisit the issue during its July special session.

“The right forum to reconsider Senate Bill 4 before it goes into effect on Sept. 1 is Austin, Texas, and I’d encourage people to write to call to drive or go to Austin,” Turner said. “Go to Austin by the hundreds, by the thousands, and ask those who authored, voted for and signed Senate Bill 4 to repeal Senate Bill 4. Those of us around this table, we cannot repeal Senate Bill 4, as we did not author Senate Bill 4.”

So Houston may follow in the footsteps of San Antonio and Bexar County and Dallas, if Council goes along. According to the full Chron story, it looks like that will happen.

Houston could sue over SB4 without City Council approval, but Turner nonetheless promised a vote. City Council is in recess next week, meaning a vote would come June 21 at the earliest.

As of Thursday, the left-leaning City Council appeared to be breaking along party lines, with Democratic members largely favoring a lawsuit and Republican members generally opposed.

District I Councilman Robert Gallegos, who supports a lawsuit, said he worried the law could tear families apart if it causes more parents to be deported, calling it “an open door for racial profiling.”

District C Councilwoman Ellen Cohen also plans to vote to sue, citing concerns that the law could discourage victims from reporting crimes, echoing law enforcement leaders across the state, including Houston Police Chief Art Acevedo.

“We now have a percentage of the population that, out of fear for their own lives and deportation, won’t report, and it jeopardizes women’s lives and others,” Cohen said.

At-large Councilman Michael Kubosh said he opposes a lawsuit because of the potential cost.

“I don’t want to spend the money on a lawsuit that’s already been well-funded by other cities,” Kubosh said. “It won’t have an effect on the outcome of the case.”

He and others also worried that suing the state could put Houston at risk for losing federal funding.

Two council members, Mike Laster and Brenda Stardig, declined to say how they would vote, and at-large Councilman Jack Christie said he was likely to abstain.

“I’m not in favor of suing people to just show where we stand,” Christie said. “We show where we stand by example.”

There’s a sidebar on the story with a vote count for when this does come before Council (and while it could come as early as June 21, you can bet your bottom dollar someone will tag it for a week). Counting Mayor Turner, there are eight Yeses, five Nos, Christie’s abstention, and three who declined to comment or could not be reached. Of those three, I’d expect two Yeses – Mike Laster, who has since suggested on Twitter that he would likely vote in favor, and Jerry Davis – and one No, Brenda Stardig. You should probably reach out to your Council member and let them know how you feel about this. In the meantime, I agree with Campos, this would not have happened, at least at this time, had not there been pressure from the Texas Organizing Project and the DREAMers. Activism works, y’all. The Press has more.

January 2017 campaign finance reports: Houston officeholders

Normally, at this time I would be scanning through Houston candidate campaign finance reports, to see where incumbents stand at the start of the season. Of course, barring near-term court action there is no season for Houston municipal officeholders this year, and unlike past years they have been able to raise money during what had once been a blackout period. It’s still worth it to check in and see what everyone has, so let’s do that.


Name        Raised     Spent     Loan     On Hand
=================================================
Turner     681,972   177,867        0   1,312,028

Stardig *   39,361    24,088        0      79,980
Davis *      8,500    27,439        0     154,707
Cohen *      8,350    21,563        0      77,451
Boykins     26,400    23,820        0         186
Martin       4,250    17,469        0      95,896
Le          13,100    13,519   42,823       2,023
Travis           0    12,984   76,000      23,606
Cisneros     7,500    15,295      273       4,959
Gallegos    20,834    14,742        0      33,077
Laster *     3,000     6,292        0     145,071
Green *     10,000    52,652        0     107,248

Knox         6,275    20,061        0      16,737
Robinson    44,750    15,277        0      52,408
Kubosh      10,925    12,907  276,000      20,824
Edwards     42,401    18,379        0     110,660
Christie *   1,367    22,653        0      18,563

Brown       30,520    52,814        0      41,245


Parker           0    36,503        0     136,368
King             0        50  650,000           0

Asterisks indicate term-limited incumbents. I included Annise Parker and Bill King mostly out of curiosity. Parker can’t run for anything in Houston, but if she does eventually run for something else she can transfer what she has in this account to whatever other one she may need.

Clearly, Mayor Turner has been busy. Big hauls by incumbent Mayors are hardly unusual, it’s just that Turner had the benefit of more time to make that haul. A few Council members plus Controller Chris Brown were busy, though there was nothing that was truly eye-popping. I didn’t look at the individual forms beyond the totals page, so I can’t say what everyone spent their money on, but if I had to guess I’d say recurring fees for things like consultants and websites, plus the usual meals, travel, donations, and what have you. Loan amounts always fascinate me – you have to wonder if any of them will be paid back. Probably not.

It’s not too surprising that the term-limited members are among those with the largest cash on hand totals. They have had the longest to build it up, after all. I have to assume some of them – in particular, Jerry Davis, Mike Laster, and Larry Green – have a run for something else in their future. For what will be mostly a matter of opportunity. Of those who can run again in 2019, I’ll be very interested to see how their fortunes change between now and the next two Januaries. One way or another, 2019 ought to be a busy year.

A look ahead to Houston’s 2017 elections

I want to return to something in that story about Mayor Turner’s 2017 agenda, which was near the bottom but which is a very big deal for the coming year:

A lawsuit over the ballot language used last year to extend terms to a maximum of two four-year terms, from three two-year terms, hovers in the background.

A state district judge ruled in March that the language was “inartful” but legal, and the case now is under appeal.

At stake in the near term is whether Turner and members of City Council must run for re-election in 2017 or wait until 2019.

See here for the background. Usually around this time I’m writing about the upcoming election year and what we have to look forward to. Thanks to this lawsuit, we could have a year with no city elections, or a year in which nobody knows we have city elections until April or May and everyone operates on an insanely accelerated schedule from there. With that in mind, let’s look at our Year of Elections 2017 with a frame of The Elections We Will Have, The Elections We May Have, and The Elections We Could Have.

The Elections We Will Have

Whatever else happens with the term limits lawsuit, there will be elections in HISD and HCC. The following trustees for each board are up for election this year:

HISD – Anna Eastman (District I), Mike Lunceford (District V), Greg Meyers (District VI), Anne Sung (District VII), Wanda Adams (District IX)
HCC – Carolyn Evans-Shabazz (District 4), Robert Glaser (District 5), Chris Oliver (District 9)

Mike Lunceford is not running for re-election, so his seat will be open. Greg Meyers has already submitted his resignation, and a replacement Trustee will be selected by the Board in January. It is not clear if the Board will prefer a caretaker who will not run for election in November or if the new member will try to stake a claim. Anne Sung of course won the special election to succeed Harvin Moore a couple of weeks ago. Whatever happens in November, the Board will have three different members in the traditionally Republican districts than it had at the start of 2016. That has some negative potential, as all three were devoted to public schools in a way that is not necessarily characteristic of modern Republicans, meaning that whoever wins in November could be more antagonistic than what we are used to seeing. We’ll have a better idea when we know who is selected to replace Meyers, and who emerges to run for these seats. As for Eastman, she is my Trustee and as far as I know she is in for another term, but I haven’t spoken to her in the last few weeks, and she has not made any formal announcements. I’m not aware of any reason why Adams would not run for another term.

In HCC, both Shabazz-Evans and Glaser won elections to complete the unexpired terms for trustees who had resigned following their 2011 campaigns. Evans-Shabazz was appointed to replace Carroll Robinson in District 4 in May of 2015, and then was unopposed for election. Glaser won a contested race to succeed Richard Schechter in 2013; appointed replacement Leila Feldman did not run for the seat. Oliver is a multi-term incumbent who easily defeated a challenger in 2011. Sometimes there are interesting things to say or look forward to in these races. This is not one of those times.

There will also be some number of constitutional amendments on the ballot in November, but we won’t know what they are until May or so when the Legislature finishes its business. If the term limits lawsuit goes down, preserving the new four-year terms for city officeholders, these referenda will be the only guaranteed items on your ballot this year.

The most interesting race in the area that is not in Houston will be in Pasadena, where Mayor Johnny Isbell is term-limited out and where the City Council lines may or may not be redrawn, pending the ruling in the voting rights lawsuit that is currently in the judge’s hands. That election will be in May. Other area cities such as Bellaire, West U, Sugar Land, and Rosenberg, also have elections in May. I hope to have some more information about some of these races in a subsequent post. Also of interest in May will be the San Antonio elections, where Mayor Ivy Taylor has some competition for a second full term. I’m sure I’ll do some writing about that as well.

The Elections We May Have

In addition to the statewide ballot propositions, there are two local ones that could be on your November eSlate machine, both of which could be quite contentious. Mayor Turner has stated his intention to put a referendum about the revenue cap on the ballot this year, though one presumes that could change if his pension reform bills do not pass. You can be sure that the opposition to this, mostly from the likes of Paul Bettencourt and no doubt with the help of the statewide Republican cabal, will be ferocious and very well-funded. Which in a way will be good for Mayor Turner, because if he can successfully cast this as a partisan issue, especially a “statewide Republicans meddling in our business AGAIN” issue, he ought to at least begin with the larger share of the vote. Getting those people to vote, whether or not there are other city elections to draw them out, will be the challenge. I suspect Mayor Turner doesn’t do anything without planning out how it will go, so I sure hope he has a plan for this one.

The other possible ballot item we might have is an updated Metro Solutions plan, which may include more rail construction projects, possibly including another shot at the Universities Line. This has been floated as an option by Metro Chair Carrin Patman, but it is not yet clear that it would be on the ballot, and if it would be there this year if so, and it is not yet clear what the scope of it would be. Needless to say, any rail component would generate some opposition, with a new Universities Line plan bringing out the usual suspects, some of whom would already be fully engaged in a revenue cap fight. It’s an interesting question whether you’d rather have this item on the ballot by itself, or in the same space as a revenue cap item. I’m glad that’s not my call to make.

The Elections We Could Have

This is the one that is entirely contingent on the Supreme Court, which as we know has not hesitated to stick its collective nose in our electoral business. If the 2015 term limits referendum is thrown out for having insufficiently clear wording, then the people who will be the most affected are the Council members who are in their last terms: Brenda Stardig, Jerry Davis, Ellen Cohen, Mike Laster, Larry Green, and Jack Christie. Cohen’s District C and Laster’s District J represent challenges for Democrats, as Bill King carried both districts in the 2015 Mayoral runoff. The ideal District C candidate is in the Anne Clutterbuck-Ellen Cohen spectrum, while the low turnout District J will always be a bit of a wild card. Against that, Dems will have opportunities in both Christie’s At Large #5 and first-term CM Mike Knox’s AL #1, though as we have discussed before, cattle call races with lots of similarly-profiled Democrats have benefited Republican citywide candidates in the recent past. The ideal here is for a candidate who begins with a lot of backing to get in and largely hoover up all the support – think Melissa Noriega in 2007, or Amanda Edwards in 2015.

I don’t want to spend too much time on this, as it’s even more speculative than usual, but I do want to at least put a marker on it, since if these elections do happen they may happen all at once, with little warning and not much time to prepare. I’ll be keeping an eye on this, and will be ready for either a busier or more relaxed interview season this fall.

What Council members think about the Uber threat

I was scrolling through Facebook and came upon this post from CM Michael Kubosh:

Mayor Turner wants UBER to stay, but they must follow the city’s ordinance that requires a CRIMINAL BACKGROUND CHECK and FINGERPRINTS. Council Member Michael Kubosh said that all public service drivers for buses, cabs, train, limos, shuttles and jitneys require the same CRIMINAL BACKGROUND CHECK and FINGERPRINTS. They must follow the rules. They came to Houston during the 2014 Rodeo operating illegally and the City Council changed the Ordinance to make room for their business model. NOW LOOK WHAT THEY ARE WANTING.

Which got me to wondering about other Council members and what they thought. Of the five Council members that voted against the original ordinance in 2014, four remain on Council: Kubosh, Jack Christie, Jerry Davis, and Mike Laster. I went looking, via Google, Facebook, and Twitter, to see who else has had something to say.

And the answer is, most of them have not said anything as yet. One who has is Brenda Stardig, who is the Chair of the Public Safety committee:

CM Dave Martin was quoted in one of the stories I blogged about after Uber issued its ultimatum:

“If you don’t want to follow the rules we all agreed to, have a good opportunity in another city,” District E Councilman David Martin said. “But we cannot be blackmailed when it comes to public safety.”

And that’s pretty much it for actual opinions. The only other Council member to say something was Greg Travis:

Mayor Sylvester Turner wants uber to stay in Houston, but wants the company to operate under the same rules as other transportation companies. Uber wants to eliminate regulation for its drivers to have city fingerprint check. Rather, uber wants to use its own background check. Mayor says uber’s background check inadequate. Your thoughts?

Comments on that post ran more in Uber’s favor than against, for what it’s worth. Also for what it’s worth. all four of these Council members – Kubosh, Martin, Stardig, and Travis – are Republicans; so is Jack Christie among the No votes from 2014, while Davis and Laster are Dems. I mention that mostly to note that if Uber is trying to make a free-market/deregulation argument, it’s not working on the kind of people you’d think it might work on. This discussion is just getting started, and Lord knows Uber is willing and able to dump a ton of resources into winning it, so this is hardly a final whip count. But clearly, Uber has some ground to make up to win this one.

RIP, One Bin For All

It had a good run, but at the very least the timing was all wrong.

The One Bin For All program would let Houstonians throw all trash in the same bin, to be separated for recycling later. The hope was to push up Houston’s low recycling rate. But now the city could end up with no recycling at all.

The city council on Wednesday delayed a vote on a new contract with Waste Management, which would cost the city about $3 million more per year because commodity prices for recyclables are low.

Several council members are calling for suspending recycling until that changes.

The One Bin program was not mentioned at all in the discussion.

It turns out Mayor Sylvester Turner is not a fan.

“I’ve looked at and read the paper that’s been presented from what was done,” he said. “I’m not convinced that that is something I want to move forward with right now, if at any time, but it’s not a part of this conversation.”

See here for the last update. Mayor Turner had spoken in generalities about One Bin before now – I’d have to go back and re-listen to the interview I did with him for the 2015 election, but that’s how I remember him speaking about it then as well – so this is a rhetorical shift for him. It’s not exactly a policy shift in the sense that he had never committed to doing anything with One Bin, so think of it more as a door being closed.

As for the Council action, the Chron story from Wednesday before the meeting suggested some pushback on continuing the recycling contract with Waste Management, but nothing more than that.

Until now, Waste Management would resell the recyclables, deduct a $65-per-ton processing fee and give 70 percent of the remaining revenue to the city. If the firm’s costs exceeded the fee the city paid, Waste Management ate the difference. Those terms meant the city could make $25 per ton two years ago, when recyclables were bringing $100 per ton.

Now, with commodities prices at lows not seen since the 2009 recession, Waste Management has been dropping or renegotiating its contracts with Houston and many other cities.

If City Council approves the new deal, the city next month will begin paying a $95-per-ton processing fee. With commodities now earning $48 a ton, that means each ton of material recycled will cost Houston almost $50, at least in the near term.

That’s nearly double what it would cost to truck the recycled items to the landfill, where the tipping fee is $27 per ton.

And, with Mayor Sylvester Turner warning that layoffs will be needed to close a projected $126 million budget gap by July, some council members are inclined to quit recycling until the market improves.

“As much as we are for recycling, I’m also against cutting people that are actually doing city services,” said Councilman Michael Kubosh. “It’s going to hurt to lay people off and then to tell them we laid them off because, ‘Well, we want to recycle.’ We’ve got to think it through.”

Councilman Jerry Davis, whose District B is home to landfill facilities, disagreed, citing studies showing negative health outcomes for those near dump sites.

“If we stop recycling, we’re going to have more crap taken to landfills in District B,” Davis said. “With the rate we’re growing, we have to find a way to get rid of our waste in an efficient manner. What are we going to do when all our landfills are full? I understand commodities are down, but it’s a cycle. I don’t think we need to steer away from sustainability because the market is somewhat volatile.”

See here for the background. The single-stream recycling program has been pretty popular, so I kind of doubt it’s in any danger, but I’m not surprised that there was some grumbling about possibly having to pay for something we used to make money off of. And if the words “garbage fee” are forming on your lips, you may want to bite your tongue.

If you were concerned Mayor Sylvester Turner could consider pushing a new garbage fee to cover that cost, however, think again.

As Turner put it, when asked at today’s post-City Council meeting press conference:

“No. I have never contemplated a garbage fee. When it’s come up, I’ve said to members of my own staff I’m not going to advocate a garbage fee and I’m not going to support a garbage fee. So, absolutely not, no.”

I don’t agree with that – at the very least, I think we ought to keep the option open – but that doesn’t appear to be the case. We’ll see what Council does with this next week.

Chron story on Locke running for Commissioner

It’s officially official now.

Gene Locke

Gene Locke

Harris County Precinct 1 Commissioner Gene Locke, appointed to fill the unexpired term following the sudden death of longtime Commissioner El Franco Lee last month, said Tuesday he may seek the nomination for the powerful local office in the November election.

Locke said he has not made a final decision, but his statement signals a shift for the former city attorney, who previously said he intended to return to his job as a lawyer and spend time with his family after the end of the current term in December.

It also would conflict with County Judge Ed Emmett’s previously stated desire to appoint a caretaker commissioner who would not seek the job beyond Dec. 31

“It’s the number of people who I respect that are asking me to consider it,” Locke said Tuesday.

He declined to name those asking him to run and said he needs to talk to his family about it. He did not give a timetable for when he would make a decision.

[…]

After Lee’s death on Jan. 3, several people announced interest in the office, including Houston Councilmen Jerry Davis, Dwight Boykins and Larry Green. State Sen. Rodney Ellis, D-Houston, said last month that he intends to run, sacrificing 25 years of legislative seniority.

“I have a lot of respect for Gene Locke and appreciate anyone who wants to serve the public,” Ellis said in a statement Tuesday.

Davis said the possibility of Locke seeking the nomination would not change anything for him.

“Right now, it’s just the opportunity to talk to different people and see what they want in the county commissioner,” he said.

Harris County Democratic Party Chairman Lane Lewis said Locke had not told him if he was interested in the nomination.

You heard it here first. I mean, look, there are 130 or so precinct chairs who will make this decision. Locke’s task, or any other challenger’s task, is to convince enough of them to make him their first or second choice. I don’t know how that’s going to go, but it will be a campaign and an election like nothing else we’ve seen anytime soon.

More Commissioner hopefuls make themselves known

The race is on.

El Franco Lee

With former city attorney Gene Locke in place to finish the late Harris County Commissioner El Franco Lee’s term, Democratic players are quickly emerging as candidates in the November general election.

State Sen. Rodney Ellis, D-Houston, said late Thursday that he intends to run, sacrificing 25 years of legislative seniority in a bid for a powerful local office. City Councilmen Jerry Davis, Dwight Boykins and Larry Green said Friday they have begun campaigning, such as it is, under these unusual circumstances. Councilman C.O. Bradford said constituents had encouraged him to run, and he’s considering it.

[…]

Ellis was the first to go public with his campaign efforts. He began researching what it would take to run for the county position, since his name is on the November ballot for state senator.

A legal memo prepared for county Democratic chair Lane Lewis outlined a path by which Ellis said he could seek the ballot spot. In mid-June the Democratic party chairs for Precinct 1 will vote for a candidate to replace Lee on the ballot.

If the party chose him for commissioner, Ellis could withdraw his name from the ballot for state senator, which would trigger a second process by the Democratic leaders to pick a Democrat for state Senate.

Ellis said a move to local office would bring him back to his political roots.

“I started out in local politics in 1983” to run for the City Council, Ellis said. “I left a great job I loved as chief of staff of a U.S. congressman, Mickey Leland.”

Despite having passed 600 bills in the Legislature, Ellis said, he sees himself as “very much an activist” on local issues like urban homesteading and criminal justice.

When he ran for the state Senate, he always planned to find a path back to local office, “probably to run for mayor,” Ellis said. “I have done a lot of thinking, a lot of praying on this.”

This is from the fuller version of yesterday’s story regarding new Commissioner Gene Locke and Ellis’ first-in-line announcement. Good timing has its rewards. I don’t have much to add except to note again what I’m looking for in a new Commissioner. I’ll leave it to you to decide which of these candidates may fit what I have in mind.

Other runoff results

Here are the rest of the winners from yesterday:

Controller: Chris Brown

At Large #1: Mike Knox

At Large #2: CM David Robinson

At Large #4: Amanda Edwards

At Large #5: CM Jack Christie

District F: Steve Le

District H: Karla Cisneros

District J: CM Mike Laster

HISD II: Rhonda Skillern-Jones

HISD III: Manuel Rodriguez

Here are the Chron stories for the Council/Controller and HISD races. A couple of stray thoughts:

– Chris Brown and David Robinson are to me the big winners of the make-it-partisan strategy that was employed. I was especially worried about Robinson, because an elevated level of African-American turnout would not necessarily favor him. But both won Harris County, by larger margins than Turner (15,000 votes for Robinson, 9,000 for Brown), and both won Fort Bend, so I have to think that the message about who was the Democrat got through.

– That said, I strongly suspect that undervoting was a key in these races, and also in the AL1 race. Brown won early voting by about the same margin as Turner did, but then also won on Election Day. Robinson led early voting by a smaller margin than Turner, mostly on the strength of absentee ballots. He then dominated Election Day. On the flipside, Georgia Provost trailed in early voting, losing in absentee ballots while barely leading the in person early vote. Basically, she collected 10,000 fewer in person early votes than Turner did, while Mike Knox lost only 5,000 votes off of King’s total. This is something I plan to look into more closely when I get the precinct data.

– A lot was made before the election about King leading the vote in District C. It was a small lead, and a lot of District C voters went for Adrian Garcia, Steve Costello, and Chris Bell. If I had to guess right now, I’d say Turner won District C, but other races may be all over the place. King clearly got some crossovers, almost surely more than Turner did, but how many will be hard to tell. I really think the undervotes will tell a big part of the story.

– I’m sad to see CM Richard Nguyen lose, but I can’t say I’m surprised. Again, I’ll be interested to see what the precinct data says. After the Mayor’s race, this one had the lowest undervote rate, at 8.77%.

– Amanda Edwards’ and Karla Cisneros’ wins means that Council will have four women but only one Latino. I’m guessing that’s going to cause some angst.

– Here’s my guess at a whip count if and when another HERO comes up:

Likely Yeses – Robinson, Edwards, Davis, Cohen, Cisneros, Gallegos, Laster, Green

Likely Nos – Knox, Kubosh, Stardig, Martin, Le, Travis

Voted No originally, but maybe could be swung – Christie, Boykins

Counting Mayor Turner, a worst case vote would likely be 9-7 in favor. It would be nice to focus some effort on Christie and Boykins and maybe get that to 10-6 or 11-5. It’s a small thing, but I’d hate to give the other side the talking point that HERO 2.0 was less popular on Council than the original was. If it’s not possible to move that needle, then aiming to take a couple of seats to make up the difference and trying again after 2019 might be the best course of action. Christie’s term will be up, while Mike Knox and Steve Le could be targeted. By the same token, Jerry Davis, Ellen Cohen, and Mike Laster will also be termed out, and those seats would need to be defended, so this strategy has some risk as well. I’m just thinking out loud here. Point being, it’s never too early to start thinking about this sort of thing.

Anyway. Congratulations to all the winners. May you all fulfill your promises to make Houston a better place.

Overview of the open Council seat runoffs

Kind of late in the cycle given the number of lesser known candidates in these races, and not nearly complete, but here it is anyway.

Amanda Edwards

Amanda Edwards

In addition to the first open mayor’s race in six years, Houstonians can expect to see at least four new faces on City Council next year – three of which will come from contests to be decided in Saturday’s runoff election.

In the At-Large 1 race, former police officer Mike Knox faces photographer and philanthropist Georgia Provost.

[…]

In the At-Large 4 race, municipal finance lawyer Amanda Edwards faces former Harris County Department of Education trustee Roy Morales.

Edwards, who has served on nonprofit boards such as Project Row Houses, worked in the Georgia Legislature while in college, then for U.S. Rep. Sheila Jackson Lee, D-Houston, before heading to Harvard Law School.

City Council must better articulate Houston’s goals, she said, so it does not work at cross purposes by retaining what she views as suburban parking rules, for instance, in areas primed for the sort of density that would enable bicycling and walking.

She said voters must be asked to modify a decade-old cap on city property tax collections at least to protect public safety spending, and rising pension costs also must be addressed.

“I can’t think of more complicated, pressing issues than some of the ones we face right now,” she said.

[…]

The race to replace term-limited Ed Gonzalez in largely Latino District H pits elementary school teacher Karla Cisneros against HPD community service officer Jason Cisneroz.

Cisneroz, an Army veteran, worked at City Hall as a staffer for Gonzalez and former Harris County Sheriff Adrian Garcia. Cisneroz said he believes a staffing shortage at HPD can be resolved, in part, by more effectively coordinating calls for service with other law enforcement agencies.

Cisneroz has emphasized the economic disparities in District H. Corralling stray dogs and catching illegal dumpers, he said, also would be top priorities. He also called for an independent “developer integrity unit” to make sure new projects do not adversely affect roads and drainage in the area.

“People talk about inequality all the time,” Cisneroz said. “I’m living it every day.”

Cisneros, too, has focused much of her campaign on inequality in the district, pointing to her experiences teaching elementary school on both sides of Interstate 45. The former Houston school trustee said many of the city’s tax increment reinvestment zones, which keep some property tax revenues within their boundaries for public improvements, have “institutionalized inequality.” Cinseros said she would work to limit the expansion of these zones and to disband others.

Not very conducive to excerpting, so read it all yourself. If there isn’t a story in today’s paper about the At Large #2 and #5 runoffs, I’ll be very disappointed. I mean, we could have a very different Council next year, with a ton of new faces, and yet I’d bet most of the voters who will cast a ballot today couldn’t name more than one or two of the eight At Large candidates off the top of their heads. I expect the undervote rates to be pretty high – not as high as they were in November, but in excess of 20% per race. We’ll see.

The Forward Times points out another notable aspect of today’s races.

This election is not like any other in Houston’s rich history.

After the November election, Council Members Jerry Davis (District B), Dwight Boykins (District D) and Larry Green (District K) were all re-elected to council. With Council Member C.O. “Brad” Bradford being term-limited, that reduces the number of African American council members to three. As a result of the general election results, however, Houstonians now have an opportunity to vote to have seven African Americans serving on Houston City Council at the same time, by voting for candidates in four At-Large city council races.

In the At-large Position 1 race, entrepreneur Georgia Provost faces Mike Knox; in the At-Large Position 2 race, Rev. Willie R. Davis squares off against incumbent David Robinson; in the At-Large Position 4 race being vacated by term-limited C.O. “Brad” Bradford, attorney Amanda Edwards faces Roy Morales; and in the At-Large Position 5 race, Sharon Moses faces incumbent Jack Christie, who defeated two-term incumbent Jolanda Jones, who fell short in her quest to complete her final term.

Not only would there be seven African Americans serving on Houston City Council, but in the race to replace outgoing Mayor Annise Parker as mayor of the city of Houston, Sylvester Turner also has a chance to be the 2nd African American mayor in Houston’s history. That would make a total of eight African Americans around the horseshoe at Houston City Council.

Some of those eight are better than others, obviously, but no question we could have a historic result. The story notes that we could have had six elected African Americans in 2011, but fell short when Jolanda Jones was defeated. Provost and Moses also have the chance to be the first African American women on Council since Wanda Adams’ departure in 2013. It will be interesting to see whatever happens.

What the passage of the term limits referendum means

It’s a little unclear from this story.

calvin-on-term-limits-for-dads

The passage of Proposition 2 also means some current officeholders will be able to serve longer than the six years they originally signed up for.

Current freshman council members will now be able to serve two more 4-year terms, for a total of 10 years. Those serving their second terms will be permitted a final term of four years, for a total of eight years. Those finishing their third terms this year, including Mayor Annise Parker, are not permitted to run again.

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Polls did show voters were more likely to oppose the measure when told incumbents could benefit, but there was no organized campaign on either side – aside from some radio ads and phone calls funded by GOP state Sen. Paul Bettencourt – and the ballot language did not detail the impact on incumbents. Ultimately, it passed by a wide margin.

Barry Klein, who was involved in the original fight to pass Houston’s term limits in 1991, lamented that his small-government colleagues were too occupied with other issues to mount a campaign.

“The citizens of Houston used to get four elections over eight years and now will get only two, and I think we’re all worse off for that. I really do think it weakens accountability,” Klein said. “The special interests will find it easier now because when they get their man in place they won’t have to worry about him getting replaced because of term limits.”

I don’t often agree with Barry Klein, but on this matter I do. I voted against Prop 2 because I think two-year terms for city officeholders are the better idea. Increasing the number of terms they could serve is to me the much better idea, but that’s not what was on the ballot. We can argue all we want about how much voters understood Prop 2, but first let’s be clear on what this does mean, because the wording of this story is confusing. Searching my archives, I found this story from August, when the term limits item was put on the ballot. Here’s the key paragraph:

The change, if passed, would take effect for officials elected this fall. Current freshman council members could pick up two four-year terms and those serving their second term would be permitted one four-year term. Elected officials who are already term-limited would not be affected by the change.

So the next municipal election will be in 2019, and at this point all terms have become four years. Anyone elected for the first time this year – Greg Travis, for example – can run again in 2019 and serve a total of eight years. Council members elected to their third term this year, like Jerry Davis and Ellen Cohen, can serve until 2019, also for a total of eight years. This is why the original idea was to not put the change into effect until 2020, so no current members would get extra time. And the real lucky duckies, the people who were first elected in 2013, like Michael Kubosh, can run again in 2019, and if he wins he will get to serve a total of 10 years.

So. Did you know this going in? I admit, I didn’t, but then I was always a No vote on Prop 2, so this particular detail more or less didn’t matter to me. If you voted for Prop 2, does seeing this change your mind?

One side effect of this change, which I doubt has received any consideration, is that the turnout level in HISD and HCC elections will vary dramatically in years with and without city elections. How many voters do you think will show up for Trustee races in 2017 if there are no Mayor or Council races on the ballot? I mentioned this as a potential problem for the idea of moving city elections to even years, and it’s as true here. I suppose that’s not the city’s problem, and if anyone in HISD thought about it they didn’t think loudly enough for the rest of us to hear, but there it is. What effect might this have in the off-year odd-numbered elections? Other than lower turnout, hard to say. Maybe it makes it easier for upstarts to get traction, maybe it helps incumbents stay entrenched. We’ll just have to see.

Endorsement watch: For Jerry

The Chron makes another easy call by endorsing CM Jerry Davis for a third term in District B.

CM Jerry Davis

CM Jerry Davis

In this race Davis is the only candidate who understands how the system functions and how a council member can pull the levers of power at City Hall to benefit his constituents.

In the private sector, Davis, 42, serves as executive director of Making It Better, a nonprofit youth program.

In his time on council, he has worked to place security cameras to catch illegal dumpers. He also successfully promoted a controversial tax incentive to encourage Krogers to expand its distribution center in northeast Houston. While we question the efficacy of these enticements, it shows that Davis uses every tool at his disposal to fight for District B.

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The councilman said he supports the Houston equal rights ordinance, but only came to that position after talking with people and educating himself. It is an education that plenty of other politicians could use.

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As Davis faces his third and final term, there is simply nobody else in this race who can match his knowledge and experience. Voters better start looking now for an effective replacement when term limits force him from office.

I agree on all counts. I didn’t do interviews in District B this year, but I have spoken with CM Davis twice before, most recently in 2013. The next Mayor will be glad to have CM Davis on Council with him.