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Jerry Garcia

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.

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.

Andrea Duhon would like you to vote for someone else in her HCDE primary

Andrea Duhon

As you may recall, Andrea Duhon has been appointed to the HCDE Board of Trustees to replace Josh Flynn. As you may also recall, Duhon had filed for a different position on the HCDE Board in the March primary. If that sounds a bit confusing, it is, but don’t worry, I’m here to help. I had a conversation with Duhon about this, and we had the following question-and-answer exchange to clarify the situation:

1. What is your current status with the Board?

I was appointed to the Precinct 3, Position 4 seat on December 18th and took my first vote that day. This is the same seat I ran for in 2018, receiving 49.7% of the vote. Josh Flynn, who had won the election, resigned from his position in order to run for State Rep in HD138, leaving a vacancy which could be filled based on a board vote. The term will be up in 2024.

2. Why are you still on the Primary ballot?

The deadline to have my name removed from the primary ballot was December 17th, the day before my appointment to the board. I was unable to have it removed before the deadline.

3. What should voters do?

I’m asking voters to choose a different candidate in Democratic Primary for HCDE Trustee At-Large, position 7. I look forward to being able to affect change while in my current position and am excited about the diverse group of Trustees that will make up the HCDE board after the 2020 election.

Me again. The bottom line is that once the short window to withdraw from the primary has passed, you’re on the ballot (barring death or some other disqualification) whether you want to be or not. See the Jerry Garcia situation for another example of this. The reason why you should vote for one of the other candidates is that Duhon doesn’t want or need to be the nominee in Position 7 At Large now that she is already the Trustee in Precinct 3 Position 4. The best way to ensure that someone other than Andrea Duhon is the nominee is to vote for one of the other candidates. Your choices are:

David W. Brown
Obes Nwabara
W. R. “Bill” Morris, who does not have any campaign presence I can find, but who does have a questionable voting history.

So make a good choice this March for HCDE Trustee Position 7 At Large, and make sure that choice is not Andrea Duhon, because Andrea Duhon is already on the HCDE Board of Trustees. Thanks very much.

Don’t count the other Jerry Garcia out yet

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

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

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

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

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

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

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

This ballot isn’t big enough for two Jerry Garcias

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

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

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

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

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

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

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

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

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

[…]

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

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

Federal lawsuit filed against Precinct 2 Constable over campaign practices

Hoo boy.

Chris Diaz

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

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

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

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

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

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

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