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judicial races

The Constitutional amendments

Hey, remember how in odd numbered years there are some number of constitutional amendments to vote on in November? This is the one thing that guarantees you have a reason to turn out regardless of what your city or school district is doing. Reform Austin runs down this year’s tableau. I’m going to zoom in on two of them, one of which I think is good and one of which I think is bad.

Proposition 3 (SJR 27)

What it says: “The constitutional amendment to prohibit this state or a political subdivision of this state from prohibiting or limiting religious services of religious organizations.”

What it means:  Proposition 3 would amend Article 1 of the Texas constitution by adding a new section to prohibit the state or any political subdivision from enacting a law, rule, order, or proclamation that limits religious services or organizations. Arguments against this amendment cite COVID as one valid reason to suspend religious services, approving this proposition would prevent authorities from banning this type of events even during a worldwide pandemic.

Proposition 4 (SJR 47)

What it says: The constitutional amendment changing the eligibility requirements for a justice of the supreme court, a judge of the court of criminal appeals, a justice of a court of appeals, and a district judge.”

What it means: The amendment would change the eligibility requirements for the following judicial offices: a justice of the supreme court, a judge of the court of criminal appeals, a justice of a court of appeals, and a district judge.

New requirements would include:

  • Candidates should be residents of Texas as well as citizens of the United States;
  • Candidates should have 10 years of experience in Texas as a practicing lawyer or judge of a state or county court for candidates of the supreme court, Texas Court of Criminal Appeals, or a court of appeals;
  • Candidates should have  8 years of experience in Texas as a practicing lawyer or judge of a state or county court for candidates of a district court;
  • It would disqualify candidates if their license to practice law was revoked or suspended during experience requirement; and
  • These requirements would be applied to individuals elected or appointed to a term beginning after January 1, 2025.

You can probably guess which one I think is which, but just so we’re clear I’ll be voting for Prop 4 and against Prop 3. I suppose given the recent shadow docket rulings from SCOTUS about local restrictions on religious services during COVID that Prop 3 isn’t actually doing anything that isn’t already the law, but it’s still a bad idea and I refuse to put it in our overstuffed Constitution.

Beyond that, none of the remaining bunch looks all that bad to me. Progress Texas endorses all but Prop 3 endorses five of the eight, opposing 3, 4, and 5. I noted during the session that the one thing missing this time around was an ugly fight over a nasty amendment – on that front at least, it was pretty boring – and you can see why. What do you think about these proposals?

UPDATE: The Trib has more.

UPDATE: I swear, when I looked at the Progress Texas page, I saw Yes for Props 4 and 5. Either I just misread it or they had an error. I actually think those props are OK, though I understand the objections. I’ll have to think about it some more.

Precinct analysis: Congress, part 2

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020
State Senate district comparisons
State House districts 2020, part 1
State House districts 2020, part 2
Median districts
State House district changes by demography
State House district changes by county
SBOE
Congress, part 1

I didn’t want to leave the Congressional district analysis without looking at some downballot races, since I mentioned them in the first part. To keep this simple, I’m just going to compare 2020 to 2012, to give a bookends look at things. I’ve got the Senate race (there was no Senate race in 2016, another reason to skip that year), the Railroad Commissioner race, and the Supreme Court race with Nathan Hecht.


Dist   Hegar   Cornyn  Hegar% Cornyn%
=====================================
01    79,626  217,942  26.30%  71.90%
02   157,925  180,504  45.50%  52.00%
03   188,092  224,921  44.50%  53.20%
04    79,672  256,262  23.20%  74.70%
05   101,483  173,929  36.00%  61.70%
06   155,022  178,305  45.30%  52.10%
07   154,670  152,741  49.20%  48.60%
08   100,868  275,150  26.20%  71.50%
09   168,796   54,801  73.50%  23.90%
10   191,097  215,665  45.90%  51.80%
11    54,619  232,946  18.60%  79.20%
12   129,679  228,676  35.20%  62.00%
13    50,271  217,949  18.30%  79.40%
14   117,954  185,119  38.00%  59.60%
15   110,141  111,211  48.10%  48.60%
16   148,484   73,923  63.10%  31.40%
17   127,560  174,677  41.00%  56.20%
18   178,680   60,111  72.60%  24.40%
19    65,163  194,783  24.40%  73.00%
20   163,219   99,791  60.10%  36.80%
21   203,090  242,567  44.50%  53.10%
22   188,906  214,386  45.80%  52.00%
23   135,518  150,254  46.10%  51.10%
24   165,218  171,828  47.80%  49.70%
25   165,657  222,422  41.70%  56.00%
26   168,527  256,618  38.60%  58.70%
27    98,760  169,539  35.90%  61.70%
28   118,063  107,547  50.60%  46.10%
29    99,415   51,044  64.00%  32.80%
30   203,821   53,551  77.00%  20.20%
31   178,949  206,577  45.20%  52.20%
32   170,654  165,157  49.60%  48.00%
33   111,620   41,936  70.40%  26.50%
34   101,691   93,313  50.60%  46.50%
35   175,861   87,121  64.50%  32.00%
36    78,544  218,377  25.90%  71.90%


Dist   Casta   Wright  Casta% Wright%
=====================================
01    75,893  217,287  25.20%  72.20%
02   153,630  176,484  44.90%  51.60%
03   181,303  220,004  43.70%  53.00%
04    76,281  254,688  22.50%  75.00%
05   100,275  171,307  35.80%  61.20%
06   151,372  176,517  44.60%  52.00%
07   149,853  149,114  48.50%  48.20%
08    97,062  271,212  25.60%  71.40%
09   168,747   51,862  74.10%  22.80%
10   184,189  211,020  44.90%  51.40%
11    53,303  230,719  18.30%  79.10%
12   123,767  227,786  33.90%  62.50%
13    47,748  215,948  17.60%  79.50%
14   114,873  182,101  37.40%  59.40%
15   113,540  103,715  50.50%  46.10%
16   144,436   75,345  62.30%  32.50%
17   121,338  171,677  39.70%  56.20%
18   177,020   57,783  72.60%  23.70%
19    62,123  192,844  23.60%  73.20%
20   165,617   93,296  61.40%  34.60%
21   197,266  234,785  43.90%  52.30%
22   184,521  209,495  45.50%  51.60%
23   136,789  144,156  47.10%  49.60%
24   160,511  167,885  47.10%  49.20%
25   157,323  218,711  40.30%  56.00%
26   160,007  251,763  37.30%  58.70%
27    97,797  165,135  36.00%  60.80%
28   121,898  100,306  52.90%  43.60%
29   102,354   46,954  66.30%  30.40%
30   204,615   50,268  77.60%  19.10%
31   169,256  203,981  43.40%  52.30%
32   168,807  160,201  49.60%  47.10%
33   111,727   40,264  71.10%  25.60%
34   105,427   86,391  53.30%  43.70%
35   173,994   82,414  64.70%  30.60%
36    76,511  216,585  25.40%  72.00%


Dist Meachum    HechtMeachum%  Hecht%
=====================================
01    79,995  215,240  26.60%  71.50%
02   154,787  179,887  45.20%  52.50%
03   185,076  220,662  44.60%  53.10%
04    79,667  253,119  23.50%  74.50%
05   101,813  172,186  36.40%  61.50%
06   155,372  175,793  45.80%  51.80%
07   149,348  154,058  48.20%  49.70%
08    99,434  272,277  26.20%  71.60%
09   170,611   52,213  75.00%  22.90%
10   188,253  212,284  45.80%  51.60%
11    56,146  228,708  19.30%  78.50%
12   129,478  225,206  35.50%  61.80%
13    51,303  214,434  18.90%  78.90%
14   118,324  181,521  38.50%  59.10%
15   115,046  103,787  51.20%  46.20%
16   149,828   73,267  64.20%  31.40%
17   126,952  170,378  41.50%  55.70%
18   179,178   58,684  73.50%  24.10%
19    66,333  190,784  25.20%  72.30%
20   166,733   93,546  62.00%  34.80%
21   200,216  237,189  44.50%  52.80%
22   188,187  210,138  46.30%  51.70%
23   138,391  143,522  47.70%  49.50%
24   164,386  168,747  48.10%  49.40%
25   162,591  218,370  41.60%  55.80%
26   168,621  251,426  39.10%  58.30%
27   100,675  164,273  37.10%  60.50%
28   122,263   99,666  53.50%  43.60%
29   101,662   48,349  66.00%  31.40%
30   207,327   50,760  78.50%  19.20%
31   172,531  198,717  45.00%  51.80%
32   169,325  163,993  49.60%  48.10%
33   112,876   40,077  71.80%  25.50%
34   104,142   84,361  53.80%  43.50%
35   177,097   82,098  66.00%  30.60%
36    78,170  216,153  26.00%  71.90%

	
Dist  Sadler     Cruz Sadler%   Cruz%
=====================================
01    76,441  169,490  30.55%  67.74%
02    84,949  155,605  34.35%  62.92%
03    88,929  168,511  33.52%  63.52%
04    69,154  174,833  27.60%  69.79%
05    73,712  130,916  35.14%  62.41%
06   100,573  143,297  40.12%  57.16%
07    89,471  141,393  37.73%  59.63%
08    55,146  190,627  21.88%  75.64%
09   140,231   40,235  76.35%  21.91%
10   103,526  154,293  38.76%  57.76%
11    45,258  175,607  19.93%  77.32%
12    77,255  162,670  31.22%  65.74%
13    43,022  175,896  19.12%  78.17%
14    97,493  142,172  39.77%  58.00%
15    79,486   62,277  54.55%  42.74%
16    91,289   56,636  59.66%  37.02%
17    82,118  130,507  37.31%  59.30%
18   145,099   45,871  74.37%  23.51%
19    52,070  155,195  24.37%  72.65%
20   106,970   73,209  57.47%  39.33%
21   115,768  181,094  37.32%  58.38%
22    90,475  157,006  35.74%  62.02%
23    86,229   98,379  45.28%  51.66%
24    90,672  147,419  36.88%  59.97%
25   101,059  155,304  37.79%  58.07%
26    77,304  173,933  29.66%  66.74%
27    81,169  125,913  38.11%  59.12%
28    90,481   68,096  55.14%  41.50%
29    71,504   38,959  63.27%  34.47%
30   168,805   44,782  77.58%  20.58%
31    89,486  138,886  37.46%  58.13%
32   103,610  141,469  41.03%  56.03%
33    81,568   33,956  68.96%  28.71%
34    79,622   60,126  55.23%  41.71%
35   101,470   56,450  61.37%  34.14%
36    63,070  168,072  26.66%  71.04%


Dist   Henry    Cradd  Henry%  Cradd%
=====================================
01    67,992  170,189  27.73%  69.41%	
02    78,359  155,155  32.30%  63.95%	
03    80,078  167,247  31.02%  64.80%	
04    64,908  170,969  26.53%  69.87%	
05    69,401  129,245  33.75%  62.86%	
06    96,386  141,220  39.03%  57.18%	
07    80,266  143,409  34.60%  61.81%	
08    51,716  188,005  20.83%  75.74%	
09   138,893   39,120  76.19%  21.46%	
10    94,282  153,321  36.00%  58.54%	
11    44,310  171,250  19.77%  76.42%	
12    72,582  160,255  29.85%  65.90%	
13    42,402  171,310  19.15%  77.36%	
14    96,221  137,169  39.91%  56.89%	
15    81,120   56,697  56.51%  39.50%	
16    90,256   49,563  60.67%  33.31%	
17    77,899  126,329  36.20%  58.70%	
18   142,749   44,416  73.97%  23.01%	
19    50,735  150,643  24.17%  71.76%	
20   102,998   72,019  56.19%  39.29%	
21   103,442  181,345  34.03%  59.66%	
22    85,869  155,271  34.42%  62.24%	
23    85,204   92,976  45.63%  49.79%	
24    83,119  146,534  34.52%  60.85%	
25    92,074  153,051  35.16%  58.44%	
26    71,177  172,026  27.82%  67.24%	
27    79,313  120,235  38.16%  57.84%	
28    94,545   59,311  58.53%  36.72%	
29    72,681   35,059  65.14%  31.42%	
30   166,852   43,206  77.43%  20.05%	
31    82,045  136,810  35.10%  58.52%	
32    92,896  143,313  37.69%  58.15%	
33    81,885   30,941  69.96%  26.43%	
34    82,924   50,769  58.78%  35.99%	
35    97,431   55,398  59.79%  34.00%	
36    62,309  161,751  26.88%  69.79%


Dist   Petty    Hecht  Petty%  Hecht%
=====================================
01    71,467  163,306  29.37%  67.11%
02    84,472  147,576  35.05%  61.23%
03    85,368  161,072  33.16%  62.56%
04    68,551  163,313  28.26%  67.31%
05    72,559  123,012  35.59%  60.34%
06   101,437  133,905  41.29%  54.51%
07    86,596  135,562  37.63%  58.90%
08    55,495  181,582  22.47%  73.53%
09   141,509   36,555  77.91%  20.13%
10   100,998  146,370  38.76%  56.17%
11    47,657  163,669  21.49%  73.81%
12    76,959  153,820  31.79%  63.53%
13    46,099  162,448  21.01%  74.02%
14   100,566  131,348  41.86%  54.67%
15    83,009   53,962  58.27%  37.88%
16    93,997   46,517  63.26%  31.31%
17    82,692  120,206  38.64%  56.16%
18   145,329   41,564  75.56%  21.61%
19    54,458  143,426  26.12%  68.80%
20   109,712   66,441  59.93%  36.29%
21   112,633  172,657  37.12%  56.90%
22    91,252  149,320  36.71%  60.06%
23    90,554   87,003  48.74%  46.83%
24    89,019  139,910  37.09%  58.29%
25    98,663  145,549  37.88%  55.87%
26    76,953  165,377  30.12%  64.73%
27    83,222  114,299  40.30%  55.36%
28    97,850   55,633  60.91%  34.63%
29    74,382   33,124  66.97%  29.82%
30   169,799   39,877  78.96%  18.54%
31    89,084  128,420  38.24%  55.13%
32    97,997  137,060  39.92%  55.84%
33    84,095   28,859  72.01%  24.71%
34    85,950   47,645  61.27%  33.96%
35   102,646   51,225  63.03%  31.46%
36    66,497  154,956  28.85%  67.24%

There are two things that jump out at me when I look over these numbers. The first actually has to do with the statewide totals. Joe Biden cut the deficit at the Presidential level nearly in half from 2012 – where Barack Obama trailed Mitt Romney by 1.26 million votes, Biden trailed Trump by 631K. The gains were not as dramatic in the Senate and RRC races, but there was progress. Ted Cruz beat Paul Sadler by 1.246 million votes, while John Cornyn beat MJ Hegar by 1.074 million; for RRC, Christi Craddock topped Dale Henry by 1.279 million and Jim Wright bested Chrysta Castaneda by 1.039 million. Not nearly as much progress, but we’re going in the right direction. At the judicial level, however, that progress wasn’t there. Nathan Hecht, then running for Supreme Court Place 6, won in 2012 by 908K votes, and he won in 2020 by 934K. That’s a little misleading, because in the only other contested statewide judicial race in 2012, Sharon Keller beat Keith Hampton for CCA by 1.094 million votes, and five out of the seven Dems running in 2020 did better than that. Still, the point remains, the judicial races were our weakest spot. If we really want to turn Texas blue, we will need more of an investment in these races as well.

One explanation for this is that Dem statewide judicial candidates didn’t do as well in at least some of the trending-blue places. Hegar and Castaneda both carried CD07, but only two of the Dem judicial candidates did, Staci Williams and Tina Clinton. All of them carried CD32, but none of them by more than two points, while Biden took it by ten; to be fair, Hegar won it by less than two, and Castaneda had the best performance with a 2.6 point margin. Maybe these folks were motivated by Trump more than anything else, and they didn’t see the judicial races in those terms. I have noted before that Dem judicial candidates did better in CD07 in 2018 than in 2020, so maybe the higher turnout included more less-likely Republicans than one might have expected. Or maybe these folks are in the process of becoming Democratic, but aren’t all the way there yet. Just something to think about.

On the flip side of that, while Hegar underperformed in the three closer-than-expected Latino Democratic districts CD15, CD28, and CD34 – Cornyn actually carried CD15 by a smidge – everyone else did better, and indeed outperformed Biden in those districts. The judicial candidates all carried CDs 28 and 34 by at least six points, with most in the 8-9 range and a couple topping ten, and all but two carried CD15 by a wider margin that Biden’s 1.9 points, with them in the three-to-five range. Still a disconcerting step back from 2012 and 2016, but at least for CDs 28 and 34 it’s still a reasonably comfortable margin. Maye this is the mirror image of the results in CDs 07 and 32, where the Presidential race was the main motivator and people were more likely to fall back on old patterns elsewhere. As with CDs 07 and 32, we’ll have to see where those trends go from here.

After however many entries in this series, I don’t have a whole lot more to say. We’ll be getting new maps soon, and we’ll have a better idea of what the immediate future looks like. I think the last two decades has shown us that there’s only so far out in the future that redistricting will be predictive in such a dynamic and growing state as Texas, but we have seen the winds shift more than once, so let’s not get too comfortable with any one idea. Whatever we get in this session is not etched in stone, and we still have some hope for federal legislation. For now, this is what we’re up against.

Precinct analysis: Congress, part 1

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020
State Senate district comparisons
State House districts 2020, part 1
State House districts 2020, part 2
Median districts
State House district changes by demography
State House district changes by county
SBOE

In addition to the SBOE data, we finally have 2020 election results for the Congressional districts as well. With the redistricting special session about to start, let’s look at where things were in the last election.


Dist   Biden    Trump  Biden%  Trump%
=====================================
01    83,221  218,689   27.2%   71.5%
02   170,430  174,980   48.6%   49.9%
03   209,859  214,359   48.6%   49.6%
04    84,582  258,314   24.3%   74.3%
05   107,494  172,395   37.9%   60.8%
06   164,746  175,101   47.8%   50.8%
07   170,060  143,176   53.6%   45.1%
08   109,291  274,224   28.1%   70.5%
09   178,908   54,944   75.7%   23.2%
10   203,937  210,734   48.4%   50.0%
11    58,585  235,797   19.7%   79.1%
12   140,683  224,490   37.9%   60.4%
13    54,001  219,885   19.4%   79.1%
14   124,630  185,961   39.5%   59.0%
15   119,785  115,317   50.4%   48.5%
16   160,809   77,473   66.4%   32.0%
17   137,632  172,338   43.5%   54.5%
18   189,823   57,669   75.7%   23.0%
19    71,238  195,512   26.3%   72.2%
20   177,167   96,672   63.7%   34.7%
21   220,439  232,935   47.8%   50.5%
22   206,114  210,011   48.8%   49.7%
23   146,619  151,914   48.5%   50.2%
24   180,609  161,671   51.9%   46.5%
25   177,801  216,143   44.3%   53.9%
26   185,956  248,196   42.1%   56.2%
27   104,511  170,800   37.4%   61.1%
28   125,628  115,109   51.6%   47.2%
29   106,229   52,937   65.9%   32.9%
30   212,373   50,270   79.8%   18.9%
31   191,113  202,934   47.4%   50.3%
32   187,919  151,944   54.4%   44.0%
33   117,340   41,209   73.0%   25.6%
34   106,837   98,533   51.5%   47.5%
35   188,138   84,796   67.6%   30.5%
36    82,872  221,600   26.9%   71.9%

Joe Biden carried 14 of the 36 Congressional districts, the 13 that Democratic candidates won plus CD24. He came close in a lot of others – within two points in CDs 02, 03, 10, 22, and 23, and within five in CDs 06, 21, and 31 – but the Congressional map gets the award for most effecting gerrymandering, as the Presidential results most closely matched the number of districts won.

Generally speaking, Biden did a little worse than Beto in 2018, which isn’t a big surprise given that Beto lost by two and a half points while Biden lost by five and a half. Among the competitive districts, Biden topped Beto in CDs 03 (48.6 to 47.9), 07 (53.6 to 53.3), and 24 (51.9 to 51.6), and fell short elsewhere. He lost the most ground compared to Beto in the Latino districts, which is a subject we have covered in much detail. I only focused on the closer districts in my 2018 analysis, but you can see the full 2018 data here. Biden’s numbers are far more comparable to Hillary Clinton’s in 2016 – I’ll get into that in more detail in a subsequent post.

As we have also seen elsewhere, Biden’s underperformance in the Latino districts – specifically, CDs 15, 28, and 34 – was generally not replicated by other candidates down the ballot. Again, I’ll get to this in more detail later, but with the exception of John Cornyn nipping MJ Hegar in CD15, Democrats other than Biden generally carried those districts by five to ten points, still closer than in 2016 but not as dire looking as they were at the top. Interestingly, where Biden really overperformed compared to the rest of the Democratic ticket was with the judicial races – Republicans carried all but one of the statewide judicial races in CD07, for example. We discussed that way back when in the earlier analyses, but it’s been awhile so this is a reminder. That’s also not too surprising given the wider spread in the judicial races than the Presidential race, and it’s also a place where one can be optimistic (we still have room to grow!) or pessimistic (we’re farther away than we thought!) as one sees fit.

I don’t have a lot more to say here that I haven’t already said in one or more ways before. The main thing to think about is that redistricting is necessarily different for the Congressional map simply because there will be two more districts. (We should think about adding legislative districts, especially Senate districts, but that’s a whole ‘nother thing.) I have to assume that Republicans will try to give themselves two more districts, one way or another, but I suppose it’s possible they could just seek to hold serve, if going for the gusto means cutting it too close in too many places. I figure we’ll see a starter map pretty soon, and from there it will be a matter of what alternate realities get proposed and by whom. For sure, the future plaintiffs in redistricting litigation will have their own maps to show off.

For comparison, as I did in other posts, here are the Congressional numbers from 2016 and 2012:


Dist Clinton    TrumpClinton%  Trump%
=====================================
1     66,389  189,596  25.09%  71.67%
2    119,659  145,530  42.75%  52.00%
3    129,384  174,561  39.90%  53.83%
4     60,799  210,448  21.63%  74.86%
5     79,759  145,846  34.18%  62.50%
6    115,272  148,945  41.62%  53.78%
7    124,722  121,204  48.16%  46.81%
8     70,520  214,567  23.64%  71.93%
9    151,559   34,447  79.14%  17.99%
10   135,967  164,817  42.82%  51.90%
11    47,470  193,619  19.01%  77.55%
12    92,549  177,939  32.47%  62.43%
13    40,237  190,779  16.78%  79.54%
14   101,228  153,191  38.29%  57.95%
15   104,454   73,689  56.21%  39.66%
16   130,784   52,334  67.21%  26.89%
17    96,155  139,411  38.43%  55.72%
18   157,117   41,011  76.22%  19.90%
19    53,512  165,280  23.31%  71.99%
20   132,453   74,479  60.21%  33.86%
21   152,515  188,277  42.05%  51.91%
22   135,525  159,717  43.91%  51.75%
23   115,133  107,058  49.38%  45.92%
24   122,878  140,129  44.28%  50.50%
25   125,947  172,462  39.94%  54.69%
26   109,530  194,032  34.01%  60.25%
27    85,589  140,787  36.36%  59.81%
28   109,973   72,479  57.81%  38.10%
29    95,027   34,011  70.95%  25.39%
30   174,528   40,333  79.08%  18.27%
31   117,181  153,823  40.07%  52.60%
32   134,895  129,701  48.44%  46.58%
33    94,513   30,787  72.78%  23.71%
34   101,704   64,716  59.07%  37.59%
35   128,482   61,139  63.59%  30.26%
36    64,217  183,144  25.13%  71.68%

Dist   Obama   Romney  Obama% Romney%
=====================================
01    69,857  181,833  27.47%  71.49%
02    88,751  157,094  35.55%  62.93%
03    93,290  175,383  34.13%  64.16%
04    63,521  189,455  24.79%  73.95%
05    73,085  137,239  34.35%  64.49%
06   103,444  146,985  40.72%  57.87%
07    92,499  143,631  38.57%  59.89%
08    55,271  195,735  21.74%  76.97%
09   145,332   39,392  78.01%  21.15%
10   104,839  159,714  38.77%  59.06%
11    45,081  182,403  19.55%  79.10%
12    79,147  166,992  31.65%  66.77%
13    42,518  184,090  18.51%  80.16%
14    97,824  147,151  39.44%  59.32%
15    86,940   62,883  57.35%  41.48%
16   100,993   54,315  64.03%  34.44%
17    84,243  134,521  37.76%  60.29%
18   150,129   44,991  76.11%  22.81%
19    54,451  160,060  25.02%  73.55%
20   110,663   74,540  58.77%  39.59%
21   119,220  188,240  37.85%  59.76%
22    93,582  158,452  36.68%  62.11%
23    94,386   99,654  47.99%  50.67%
24    94,634  150,547  37.98%  60.42%
25   102,433  162,278  37.80%  59.89%
26    80,828  177,941  30.70%  67.59%
27    83,156  131,800  38.15%  60.46%
28   101,843   65,372  60.21%  38.65%
29    75,720   37,909  65.89%  32.99%
30   175,637   43,333  79.61%  19.64%
31    92,842  144,634  38.11%  59.36%
32   106,563  146,420  41.46%  56.97%
33    86,686   32,641  71.93%  27.09%
34    90,885   57,303  60.71%  38.28%
35   105,550   58,007  62.94%  34.59%
36    61,766  175,850  25.66%  73.05%

Looking at the 2016 numbers, you can begin to see the outlines of future competitiveness. That’s more a function of Trump’s weak showing in the familiar places than anything else, but Democrats got their numbers up enough to make it a reality. Looking back at 2012 and you’re reminded again of just how far we’ve come. Maybe we’ll reset to that kind of position in 2022, I don’t know, but that’s a little harder to imagine when you remember that Mitt Romney won the state by ten more points than Trump did. We’ll be going down that rabbit hole soon enough. As always, let me know what you think.

New felony court coming

Your 2022 ballot is about to get longer.

A new Harris County felony court will open Sept. 1 after decades of population growth and no new criminal district judges.

The addition comes as judges, prosecutors, administrators and defense attorneys battle a massive backlog in the criminal courts, with almost 98,000 docketed cases near the end of July. Almost 54,000 of those cases were felonies, according to the Harris County District Attorney’s Office.

The 22 existing felony judges are each juggling an average of 2,392 cases on their dockets, county data shows.

Gov. Greg Abbott on June 18 signed the existence of the 482nd district court into law. He has not yet selected a judge, and the 11th Administrative Judicial Region of Texas will make a jurist available until an official appointment takes place, said Harris County district court administrator Clay Bowman.

All of the current felony judges are elected Democrats, meaning Abbott could appoint a lone Republican to the bench.

“Will appoint a Republican”, you mean. That person will very likely be voted out next November. There are already going to be a lot of contested Democratic primaries for the judicial positions. This one will surely draw a crowd as well, it just won’t be against a Democratic incumbent.

County Court judge Barnstone resigns

Ugh.

George Barnstone

A Harris County civil court judge has resigned amid several allegations of judicial misconduct, including showing bias or prejudice toward litigants and attorneys on the basis of race, sex or socioeconomic status, according to the State Commission on Judicial Conduct.

George Barnstone, of Harris County Civil Court at Law No. 1, was the subject of six complaints encompassing at least seven allegations of misconduct. Those also included claims he used his judicial office to advance his private interests and made appointments violating the Texas Government Code, which bars conflicts of interest, the resignation agreement states.

He signed the agreement on July 12, records show, and state commission Chair David Hall approved the decision Monday.

[…]

Other complaints — all listed in the agreement — alleged the judge didn’t comply with the law related to awarding attorneys fees or statutory interest post-judgment; failed to give a defendant their right to be heard; failed to treat attorneys with patience, dignity and courtesy; and failed to require and maintain order and decorum in court proceedings.

The state commission had not made any findings related to the complaints, and Barnstone’s resignation will take place instead of disciplinary action, the document reads. The resignation, however, is not an admission of guilt.

Barnstone won’t be able to run for judicial office or sit in a judicial capacity again, the agreement stipulates.

We won’t get a lot of details because the Commission will not make any findings due to the resignation, but all of this sounds bad. I found this story from 2019 while image searching, and that isn’t a good look, either. I’ve known George Barnstone for a few years – he’s a genuinely affable guy – and he made at least one other run for judge before winning in 2016, but it clearly wasn’t a good fit. I’m sorry it came to this, but it’s the right call.

Because this is a County court and not a District court, County Commissioners will get to name a replacement, as they have done before in recent years. Between this and the forthcoming replacement of Sheriff Ed Gonzalez, they’ll have some big decisions to make. I would assume they’ll have a new judge on the bench in a couple of weeks. Get your name in the hat quickly if you think it should be you.

Betsy Price to run for Tarrant County Judge

I don’t usually pay much attention to county races outside the Houston area, but there are some points of interest to discuss about this.

Betsy Price

Outgoing Fort Worth Mayor Betsy Price is running for Tarrant County judge in 2022, attempting a swift return to power in one of the state’s most politically important areas.

Price revealed the decision in interviews with North Texas TV stations that published Thursday morning, telling WFAA that she would make a formal announcement later.

“I promised my family I’d take a month or two off,” Price told WFAA. “I’m just getting this out there softly.”

The news of Price’s decision comes two days after the current county judge, Republican Glen Whitley, announced he would not run for reelection. He has since 2007 been at the helm of the county, the third most populous in the state and a historically Republican place where Democrats have been making inroads recently.

[…]

Price will not be unopposed in the March primary for county judge. Before Whitley made his retirement official, Tim O’Hare, former chairman of the county Republican Party, announced he was running for county judge. He launched with a list of GOP endorsements including current county GOP Chairman Rick Barnes, county Sheriff Bill Waybourn, and five state representatives from the area. O’Hare has since rolled out endorsements from U.S. Reps. Beth Van Duyne of Irving and Michael Burgess of Lewisville.

While Democrats do not have any known candidates for county judge yet, they can be expected to seriously contest the race after the county went their way at the top of the ticket in the last two statewide elections. The Democratic nominee for U.S. Senate in 2018, Beto O’Rourke, won the county, while President Joe Biden carried it two years later.

Here are the Tarrant County election results for 2018 and 2020. It’s widely noted that Beto O’Rourke carried Tarrant in 2018 (by a 49.93% to 49.24% margin) and Joe Biden carried it in 2020 (49.31% to 49.09%), becoming the first Dems in however long to do so. They were also the only Dems to do so. The other statewide candidates in 2018 lost by a range from one point (Justin Nelson) to ten points (Lupe Valdez), while the handful of countywide candidates all lost by about five points. This includes Lawrence Meyers (I assume the former Court of Criminal Appeals justice), who lost to now-outgoing County Judge Whitley by six points.

In 2020, the statewide Dems trailed in Tarrant by four to six points, with countywide candidates losing by six or seven points. One difference between 2018 and 2020 is that in 2018 there were literally no Democrats running for district court positions, while in 2020 there was a Dem in all but two of those races. My assumption is that the Dems will have a full slate of judicial candidates as in 2020 – there’s nothing like the hope of winning to generate that kind of interest.

We used to talk about Tarrant County as a proxy for Texas as a whole electorally. I’ve posted before about how the Presidential results in Tarrant almost eerily echoed the statewide results. That was true from 2004 through 2016, but the Beto breakthrough in 2018 was a sign that things were changing, and indeed Tarrant’s Presidential result in 2020 was several points to the left of the state’s. The county that most closely mirrored the statewide Presidential result in 2020 was Zapata, carried by Trump 52.5% to 47.1%. The closest big counties were Collin, slightly to the left at 51.4% to 47.1%, and Denton, slightly to the right at 53.2% to 45.2%.

Tarrant may have been too Democratic at the top level to be a statewide predictor, but at the District Court level they were much closer to the mark, with results ranging from 52.9% to 47.1% on one end to 53.9% to 46.1% on the other. What this reminds me of is Harris County in 2004, where District Court challengers got between 45.8% and 47.9% of the vote. That doesn’t mean anything for the path Tarrant County is on – Harris did shift a little towards Dems in 2006 before the 2008 breakthrough, in conditions that were very different from what we have now – it’s just an observation.

Finally, I don’t know anything about the other contenders for the GOP nomination for County Judge, but it’s plausible to me that someone like Betsy Price, a known quantity with a low-key style, might perform better against the partisan average than a more Trumpified Republican. Again, I don’t know the players and don’t know how that primary might shape up, but it seems highly unlikely to me that there won’t be a significant pro-Trump presence in that race. Trump is one of the two Republicans to lose Tarrant County since 2018. Make of that what you will.

Supreme Court Justice Eva Guzman stepping down

Interesting.

Eva Guzman

Texas Supreme Court Justice Eva Guzman is resigning from her post effective Friday.

She informed Gov. Greg Abbott of the decision in a letter sent Monday. The news was first reported by the Houston Chronicle.

“With utmost gratitude for the opportunity and gift of public service, I write to inform you that I am resigning from my office,” Guzman wrote in her letter to Abbott, a copy of which was obtained by The Texas Tribune. “It has been the honor of a lifetime to answer this high calling.”

Guzman, a Republican, was appointed to the post in 2009 by then-Gov. Rick Perry as the first Hispanic female on the court. She ran for a full six-year term the next year before winning reelection in 2016. Her second term would have ended Dec. 31, 2022.

Before Perry appointed her to the high court, Guzman served on the 309th District Court in Harris County and the Houston-based Fourteenth Court of Appeals.

[…]

In her letter to Abbott, Guzman did not state a reason for her resignation, fueling speculation that she may have aspirations to run for another office during the 2022 election cycle.

Her resignation will create a vacancy on the state’s highest civil court, which Abbott will be able to fill with an appointment. The court is currently occupied by all Republicans.

I’ll get to the Chron story in a minute, but first two things to note. One is that Guzman was the high scorer in the 2016 election, winning 4,884,441 total votes. That’s over 75K more than the next highest candidate (Debra Lehrmann), and 200K more votes than Donald Trump. She was the strongest Republican in Latino districts, which is not a surprise. If she is running for something else, she will be harder to beat than most. Two, note that at every step of the way – district court, 14th Court of Appeals, Supreme Court – she was appointed first, and ran for a full term later. She’s far from unique in this, of course, I just noted it in this story. The ability to fill judicial vacancies is an underrated power of the Governor’s office. One does wonder what all the incumbent Republican judges and justices who are ready to step down and take a higher-paying job will do when the Democrats finally take that office.

And it usually is for a payday, if it’s not for retirement, when a judge or justice steps down like this. In this case, as that Chron story notes, the speculation is that she wants to run for something else.

One race that Guzman could be contemplating began heating up last week: the Republican primary for Texas Attorney General Ken Paxton’s seat. Land Commissioner George P. Bush — whose uncle, former Gov. George W. Bush, first appointed Guzman to the 309th District Court in Harris County in 1999 — opened up his campaign last week.

AG makes the most sense, at least in the abstract. I mean, she’s not going to run for Ag Commissioner. The question to me is, does she get into the “I Will Gladly Debase Myself For Donald Trump’s Endorsement” sweepstakes, or does she position herself as the non-Trump candidate, with actual accomplishments and conservative bona fides? This is where I admit I’m giving this speculation the side-eye. It’s hard to imagine, at this late date and with no record of sucking up to Trump in the past, that she could out-sycophant either Ken Paxton or George P. Bush. It’s also hard to imagine that there’s enough Republican primary voters who will prefer a non-Trump candidate in this – or almost any – race. I mean, you know who else didn’t do so well in that CD06 special election? Mike Wood, the anti-Trump Republican in that race, who got a whopping 3.2% of the vote. Eva Guzman would do better than that, but I see her as the odd person out in a three-or-more-way race. There’s no evidence that there’s a constituency for that kind of candidate, and as noted it’s awfully late for her to claim to be The One True Trump Candidate. Maybe I’m missing something – maybe she thinks the Lege will draw a Congressional district for her – but I don’t see how this makes sense. We’ll see if I’m right.

Senate approves pointless appeals court

There’s more than one way to attack Democratic appellate court justices.

Sen. Joan Huffman

The Texas Senate passed a bill Wednesday to create a new statewide court of appeals that would hear cases that have statewide significance — including ones that challenge state laws, the constitution or when the state or its agencies are sued.

Currently, when such cases go to the intermediate appellate level, they are mostly heard by the 3rd Court of Appeals based in Austin. That court’s judges are elected by voters in Democratic-leaning Travis County. Senate Bill 1529, though, would send the cases to the new appellate court whose judges would be elected by voters statewide — an electorate that skews Republican.

Some of the state’s highest profile cases could be affected by this proposed court. Bill author Sen. Joan Huffman, R-Houston, said that recent lawsuits surrounding Gov. Greg Abbott’s pandemic emergency orders are examples of types of litigation the proposed court would have jurisdiction over.

Critics say the proposed new court is a Republican attempt to yank jurisdiction of these cases from Democrats.

The Austin-based 3rd Court of Appeals has five Democrats and only one Republican. Currently, all statewide elected judges are Republican, including on the Texas Supreme Court — and it’s likely the proposed court would also be all Republican.

“Since the [3rd Court of Appeals] deals with issues facing state government, it’s a thorn in the Republican Party side,” Mark P. Jones, a political science fellow at Rice University, said in an interview. “And so by transitioning that by moving that to a statewide election where Republicans have the advantage, they would be able to, most likely, flip from being a Democratic majority… to a [5-0] Republican advantage.”

Huffman maintains that she wrote the bill to promote consistency — not for partisan reasons.

“The new court has five justices elected statewide so that all Texans have a voice in electing those who decide cases of statewide significance,” she said from the Senate floor Tuesday. “It’s important for judges deciding cases of statewide importance to be familiar with specialized jurisprudence to provide consistent rulings for state litigants.”

[…]

Democrats on Tuesday raised constitutional concerns related to this bill, asking if the Legislature has the authority to create an appellate court with statewide jurisdiction, overlapping the current district system. Huffman maintains that it does.

“We’ll have to see you in court on this one,” Sen. Nathan Johnson, D-Dallas, said.

Darlene Byrne, chief justice on the 3rd Court of Appeals and a Democrat, said in an interview she thinks the bill is “bad policy and bad for statewide jurisprudence.”

Byrne also said the new structure would promote large campaigns.

“I don’t know of a Supreme Court race that costs less than a million dollars per candidate,” she said. “So this new statewide court is going to be mega-big donors infusing big money to influence the judiciary. And I thought we were trying to get away from that — but apparently not.”

Linda Thomas, a former Republican chief justice of the Texas Fifth District Court of Appeals, said she believed the bill was unnecessary.

“As a retired judge, I think it’s a little disingenuous, and in some ways, insulting to the sitting justices of this state to indicate that they are not capable of handling complex business cases,” Thomas said.

I noted this in passing in my initial post about appellate court redistricting, the bill for which has since been withdrawn for the time being. I tend to agree with Justice Thomas, and I also think that insult was a feature and not a bug. Sen. Huffman’s justification for this new court is ridiculous on its face, because all of the lawsuits in question start out in a district court, with a judge that was elected by local voters in far lesser numbers than for appellate court justices. That’s not exactly conducive to “consistent rulings for state litigants”. Why not go whole hog and create an entirely separate court system for “cases of statewide importance” (whatever that means, and I’ll bet that very topic becomes a contentious point of appeals in itself) so as to avoid local yokel judges making insufficiently erudite rulings? One could argue that Sen. Huffman is actually making a back-handed case for ending the election of judges in the first place. At least that would be a more honest approach to this.

I have no idea what the prospects are for this in the House, but I do feel confident that there will be litigation if and when this does pass. That lawsuit would eventually come before a district court of appeals, as one presumes it would be halted from taking effect pending the litigation, before ultimately being decided by the Supreme Court. I’ll leave it to you to sort out where that all lands on the Irony-o-Meter.

Appellate court redistricting bill withdrawn

I had a post all ready to go yesterday with more on the bill to redistrict the appellate courts, and then this happened on Thursday night:

This is not the end of it – there will be at least one special session on legislative redistricting, after all – but whatever does happen, it won’t be in this session. So the post that I had queued up for Friday morning became out of date, and so here we are. The original post is beneath the fold because it’s still worth reading, so click on for more. Whatever made this delay happen, I’m glad for it. Hopefully we will get a better bill out of this in the end, but we can’t take that for granted. The Chron story from Friday about this is here.

(more…)

Let’s get rid of Democratic appellate court justices

If that’s the Legislature’s goal, then this would be an effective way of accomplishing it.

A Texas Senate committee [heard] public comment Thursday on a controversial proposal to consolidate the state’s 14 intermediate appellate courts into just seven, a move opponents have criticized as gerrymandering but that supporters say will make the courts more efficient and cure knotty court splits.

A committee substitute to S.B. 11 proposes dramatic changes to the organization of the state’s appellate districts: It would combine Houston’s two appellate courts, merge the Dallas and Austin districts together, lasso Waco and Eastland into a division with Texarkana and Fort Worth, and move two San Antonio justices to Midland in a district that would span roughly 500 miles — from Kendall County just southwest of Austin to the state’s western edge and include El Paso — among other changes.

The state’s current number and location of appellate courts largely reflects the state’s demographics, economy and travel conditions of the late 19th and early 20th centuries,
Hunton Andrews Kurth LLP partner Scott Brister wrote in a 2003 Houston Bar Association article.

Brister, who formerly served as a Texas Supreme Court justice and chief justice of the Fourteenth Court of Appeals in Houston, told Law360 the districts need to be updated and consolidated.

“I just think 14 is too many,” he said. “They’re not located where all the people and the cases are.”

Yet opponents of the consolidation plan say it is blatant gerrymandering, and the worst instance of it they’ve seen in the Texas judiciary.

Elsa Alcala, a former justice on the First Court of Appeals in Houston and Texas’ Court of Criminal Appeals, took to Twitter to call out the plan, writing “This has nothing to do with justice and everything to do with electing Republicans to the bench.”

Since the 2018 general election, a wave of Democratic justices have ousted Republican from Texas appellate benches in record numbers, largely concentrated in urban population centers.

Alcala told Law360 that in the past the Legislature has changed jurisdictions one county at a time, but lawmakers have never proposed completely eradicating certain appellate courts like the proposed committee substitute bill does.

“This is the most significant and blatant change I’ve ever seen,” she said.

S.B. 11 originally called for a realignment of five counties that are currently under the jurisdiction of two appellate courts outside of the Houston district to eliminate overlapping jurisdiction between multiple courts.

Details for the new bill were leaked and spread on social media Tuesday, but the bill’s text [hadn’t] yet been made public. Law360 has reviewed a map detailing the new appellate districts as well as a bill summary and a table explaining how the 80 Texas justices would be distributed among the new districts.

According to the bill summary, consolidating the appellate districts would balance a “highly unbalanced” workload across the courts, an issue the Texas judiciary has dealt with for years through a docket equalization program that transfers cases when needed. The summary cites workload data showing that, between 2015 and 2019, the Eighth Court of Appeals in El Paso received an average of 79 appeals per justice compared to 158 appeals per justice in the Third Court of Appeals in Austin.

[…]

During her time on the First Court of Appeals, which has nine justices, Alcala said she would frequently review opinions handed down by her colleagues to make sure she didn’t have any qualms about their rulings. But on a court with 21 justices, it would be impossible to review all those decisions, she said.

Lawyers are also concerned that larger benches could cause issues at the ballot box.

Alcala said there’s already an issue with the public being able to make informed choices during elections about the various judges on the ballot. Expanding the court’s jurisdictions would mean more judges for the public to inform themselves about before voting.

Brister acknowledged that under the committee’s substitute, voting would look different. He would be concerned if he were a judge in Texarkana on the state’s eastern border with Arkansas, for example, because under the new district alignment, there’s a good chance voters from the more populous Fort Worth would control outcomes in the district and knock some small-town judges off the bench.

Christopher Kratovil, managing partner of Dykema Gossett PLLC’s Dallas office, told Law360 he can see both sides of the consolidation argument but believes the committee’s substitute isn’t the proper way to redistrict the state.

“I do think there are some good-faith efficiency arguments for reducing the number of intermediate appellate courts in the state,” he said. “That said, this is not based on efficiency. If we’re being honest about this, it is a partisan gerrymandered map to return control of the majority of the state intermediate appellate courts to the Republican party.”

Other attorneys, like solo appellate practitioner Chad Ruback, are upset that information about the committee substitute bill hasn’t been released ahead of Thursday’s public hearing. The original version of S.B. 11 is currently attached to agenda materials for the meeting.

“That doesn’t give the appellate judiciary — or appellate lawyers who regularly practice in front of them — much time to analyze the potential ramifications of the proposed changes in advance of the hearing,” he said. “That looks awfully suspicious.”

See here for the background. Not being transparent about the process or giving anyone the time to review the bill in question is on brand for the Republicans. To give you a sense of what this looks like, here’s a picture from the story:

This Twitter thread from Dylan Drummond gives you the data:

Maybe the new Fifth Circuit, with Dallas and Travis Counties, or the Third, with Bexar County and South Texas, would lean Democratic. I’d have to do a more in depth analysis. Katie Buehler, the reporter of the story linked above, attended the hearing and reported that Sen. Nathan Johnson said it would be a 5-2 split. Whatever the case, I guarantee you that someone with strong Republican credentials has already done such an analysis, and these districts are drawn in a maximally beneficial way for Republicans. What would even be the point from their perspective if that wasn’t the case?

You’ve read many bloviations from me over the years about why calls to change the way we select judges from the current system of partisan elections to something else were mostly a smokescreen to disguise complaints about the fact that Democrats were now winning many of those elections. It has never escaped my notice that we only began seeing those calls for change after the 2008 election, when Dems broke through in Harris County, and it moved to DefCon 1 following the 2018 election. If nothing else, I thank Sen. Joan Huffman for putting the lie to the idea that the motivating factor behind those calls for change was a fairer or more equitable or more merit-based system for picking judges, or that “taking politics out of the system” had anything to do with it. No, it is exactly what I thought it was from the beginning, a means to ensure that as many judges are Republican as possible. There may well be legitimate merits to rethinking the appellate court system in Texas – I’m not an appellate lawyer, I have no idea – but it’s crystal clear that this ain’t it. This is a full employment program for Republicans who want to be judges. That’s what we’ll get if this bill passes.

Which it has now done from the Senate committee, on a partisan 3-2 vote. For a report from the committee hearing, where multiple appellate court justices from both parties testified against SB11, see Law360 and The Texas Lawbook. This is easily the biggest redistricting matter going on right now it’s getting very little attention so far. (The DMN has a story, but it’s subscriber-only, which limits the impact.) Let’s not let this slip through without being noticed.

UPDATE: The Chron now has a story as well, and it contains this knee-slapper:

Sen. Nathan Johnson, D-Dallas, also an attorney, asked Huffman if she took partisanship into consideration when making the maps.

“Some people think this is going to result in five Republican courts and two Democratic courts,” Johnson said. “Do you think that would accurately represent the partisan breakdown of this state?”

Huffman said she did not consider political makeup in drawing the maps and didn’t know how her plan might alter that.

Yeah, that’s obvious bullshit. Anyone with a list of counties per appellate district and access to recent state election results could tell you in five minutes what the likely orientation of each district would look like. Joan Huffman isn’t stupid, but if that’s what she claims then she thinks the rest of us are.

One more thing:

Another bill introduced by Huffman would create a statewide Court of Appeals that would have exclusive jurisdiction over civil cases of statewide significance filed by or against state agencies or officials. The justices on the court, seated in Austin, would be elected on a statewide ballot. No Democrat has won statewide office since 1994.

That bill was met with similar opposition and accusations of partisan motivation. It, too, was referred to the full Senate on a 3-2 party line vote.

This appears to be SB1529, and I heard about it yesterday for the first time. I have no idea what problem (real, imagined, or political) this is intended to solve. Any thoughts from the lawyers out there?

Republicans take aim at bail reform

Lots of bad ideas in here.

Sen. Joan Huffman

Members of the Texas Senate Committee on Jurisprudence held their first hearing this week over Senate Bill 21, a controversial bail reform bill backed by Republicans.

The purpose of the bill according to its author Sen. Joan Huffman (R-Houston) is to prevent repeat violent offenders from committing new crimes after being released on personal bond. A personal bond is an agreement to appear in court that allows a defendant to be released without any financial obligation, unlike a cash bond or a surety bond with a bail company.

Opponents who testified against the legislation Thursday warned that language of the bill goes much further than simply attempting to keep violent criminals locked up.

“This is a work in progress, I know this bill is not perfect, I know it’s not ready to be passed,” Huffman, who chairs the committee said at the beginning of the hearing.

Under the text of the bill, a person charged with a crime would not be eligible for release if they have recently failed to appear in court for another offense, if they have been charged with any other crime after being released on bond, or if they have been recently convicted of a felony, Class A or B misdemeanor. That includes charges for resisting arrest, possession of marijuana, prostitution and many other non-violent offenses.

To be clear, so-called violent repeat offenders would still be able to be bailed out of jail, just not on personal bond, which waives the financial obligation meant to incentive someone to appear in court.

[…]

Mike Fields, a former Republican judge in Harris County Criminal Court at Law No. 14, testified against the bill calling it an “overreach” and a return to the bad old days.

Fields said he was an original defendant in the O’Donnell lawsuit, the major lawsuit that was filed against the county’s wealth-based bail detention system and which ended in a settlement that allowed for the release of a majority of misdemeanor defendants.

“I switched from my position of opposition to the O’Donnell lawsuit to agreeing with it, I was only one of two judges who did,” Fields said.

He said that the 72 homicides in Harris County committed by people out on bond in 2020 — a figure cited by Harris County District Attorney Kim Ogg earlier in her testimony in support of the bill — were largely done by defendants with surety bond, or bonds posted by a bail bond company.

“I learned after 20 years of being a Republican judge in Harris County, that money does not make us safer,” Fields said. “Conditions make us safer. Assessment makes us safer. Using smarter strategies to keep people who need to be incarcerated, incarcerated, and those who don’t out. That’s what makes us safer.”

Fields said the conflation with misdemeanor and felony cases had led to legislation like SB 21 that would cast a broad net hurting taxpayers and slowing the work of criminal courts.

Emily Garrick, an attorney with the Texas Fair Defense Project, a criminal justice nonprofit and one of the groups involved in the O’Donnell v. Harris County lawsuit, said SB 21 would allow people who don’t have money to stay in jail and those who do to be released from jail despite having similar charges — a violation of the decision by federal judges that ruled Harris County’s wealth-based pre-trial detention system to be unconstitutional for that very reason.

Another aspect of SB 21 grilled during the hearing was the bill’s restrictions on charitable bail organizations, or groups (often churches or advocacy groups) that organize bail funds to help defendants who could otherwise not pay for their release. Among other things, the bill would only allow charitable bail organizations to pay bail bonds for defendants charged with misdemeanors and would restrict them from paying no more than $2,000 for each defendant they want to help.

This Trib story from earlier in March covered a lot of this ground already, while Grits has noted that much of this bill is or will be in conflict with federal court rulings. This is a classic “solution in search of a problem” situation, with a side order of retaliation against Harris County and its Democratic judiciary. It’s very likely that this bill will evolve before it comes to a vote, but it’s much less likely that it will transform into something productive.

Precinct analysis: Fort Bend County, part 2

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

This post is going to focus on the judicial races in Fort Bend County. There are a lot of them – seven statewide, four appellate, five district and county – and I don’t want to split them into multiple posts because there’s not enough to say about them, nor do I want to present you with a wall of numbers that will make your eyes glaze over. So, I’m going to do a bit of analysis up top, then put all the number beneath the fold for those who want a closer look or to fact-check me. I’ll have one more post about the Fort Bend county races, and then maybe I’ll take a crack at Brazoria County, which will be even more manual labor than these posts were.

The point of interest at the statewide level is in the vote differentials between the three races that included a Libertarian candidate and the four races that did not. Just eyeballing the totals and bearing in mind that there’s some variance in each group, the Republican candidate got an increase of a bit more than half of the Libertarian vote total in each district, while the Democrats were more or less around the same level. That comports with the general thesis that Libertarians tend to take votes away from Republicans more than Democrats, though the effect here was pretty small. It’s also a small sample, and every county has its own characteristics, so don’t go drawing broad conclusions. For what it’s worth, there wasn’t anything here to contradict that piece of conventional wisdom.

For the appellate court races, the thing I have obsessed over is the incredibly small margin in the election for Chief Justice of the 14th Court of Appeals, which Jane Robinson lost by 1500 votes, or 0.06 percentage points. We saw in Harris County that she trailed the two victorious Democrats, Veronica Rivas-Molloy and Amparo Guerra, who were part of a trend in Harris County where Latino candidates generally out-performed the rest of the ticket. That wasn’t quite the case in Fort Bend. Robinson again trailed Rivas-Molloy by a little – in overall vote total, Robinson trailed Rivas-Molloy by about two thousand votes, while Republican Tracy Christopher did an equivalent amount better than Russell Lloyd. But unlike in Harris, Robinson outperformed Guerra, by about a thousand votes, and Guerra barely beat out Tamika Craft, who was farther behind the pack in Harris County. I don’t have a good explanation for that, it looks to me just like a weird result that has no obvious cause or correlation to what we saw elsewhere. It’s also the case, as we discussed in part one of the Fort Bend results, that if Dems had done a better job retaining voters downballot, none of this would matter all that much.

Finally, in the district court races (there were four of them, plus one county court), the results that grabbed my attention were in a couple of contests that appeared one after the other. Republican Maggie Jaramillo, running for the 400th District Court, was the closest member of Team GOP to win, as she lost to Tameika Carter by ten thousand votes. In the next race, for the 434th District Court, Republican Jim Shoemake lost to Christian Becerra by twenty-two thousand votes. This was the difference between a three-point loss for Jaramillo, and a six-and-a-half point loss for Shoemake. Jaramillo was the top performing Republican candidate in any race in Fort Bend, while Becerra was sixth best among Dems, trailing Joe Biden, three statewide judicial candidates, and Sheriff Eric Fagan. You may have noticed that they’re both Latinos, though the effect appears to have been a bit greater for the Republican Jaramillo. Becerra was the only Dem besides Biden to carry Commissioners Court Precinct 1, though that may not have been strictly a Latino candidate phenomenon – Elizabeth Frizell had the next highest percentage, with Veronica Rivas-Molloy and Tina Clinton close behind. (Amy Clark Meachum and Staci Williams, both in three-candidate races, came closer to carrying CC1 than any other candidates, but their percentage of the vote was lower.) Again, no broad conclusions here, just an observation.

Click on for the race data, and remember I had to piece this together by hand, so my numbers may be a little off from the official state totals when those come out. County races are next. Let me know what you think.

(more…)

The Republican war against Harris County

To be fair, it’s not just Harris County that’s in the crosshairs, it’s the big urban counties, and cities in general. But it’s real and it’s dangerous and it’s anti-democratic.

Republicans in the Texas Legislature are gearing up to bar local governments from hiring lobbyists, punish cities that reduce their police budgets and restrict county judges’ power during future pandemics when lawmakers convene in Austin later this month.

The measures are sure to escalate the long-running feud between Texas’ conservative leaders and the mostly Democratic officials who run the state’s largest cities and counties. And while higher profile items such as coronavirus relief and redistricting are expected to eat up much of the 140-day session, Republicans have made clear they will carve out time for items such as the lobbying ban.

“In terms of (taxpayer-funded) lobbying, it’s morphed into a kind of partisan struggle,” said Michael Adams, chair of the political science department at Texas Southern University. “The Dems were hoping, particularly in the House of Representatives, they would fare better (in the November elections). But that didn’t happen, and so we still see the dominance of the Republican Party in all branches of the state government. And certainly I think they will send a signal.”

Local officials have been bracing for an especially difficult session since October 2019, when House Speaker Dennis Bonnen was caught on tape saying he had tried to make that year “the worst session in the history of the legislature for cities and counties.” Bonnen said he made his goal evident to “any mayor, county judge that was dumbass enough to come meet with me.”

[…]

Last session, Republicans nearly ushered through a bill to prevent large cities and counties from spending tax revenue on lobbying, but the measure died in the final days when voted down in the House. Bonnen in 2019 announced he would not seek re-election after he was heard on the same tape recording targeting fellow Republicans who opposed the lobbying ban.

Though the Legislature does not begin until Jan. 12, lawmakers already have filed numerous bills related to cities and other local entities. State Rep. Steve Toth, R-The Woodlands, has proposed making cities liable for damages if they release someone from custody who was the subject of a federal immigration detainer request and that person commits a felony within 10 years.

A bill filed by state Rep. Jared Patterson, R-Frisco, would prevent cities and counties from requiring businesses to adopt labor peace agreements — in which employers agree not to oppose unionization efforts in exchange for employee unions agreeing not to go on strike — in order to receive a contract. State Rep. Valoree Swanson, R-Spring, has filed legislation that would allow business owners to halt local laws in court if the law “would result in an adverse economic impact” on the owner.

Swanson also filed a bill that would abolish the Harris County Department of Education, unless voters decide to continue it through a referendum on the November 2022 ballot. Conservative lawmakers have long sought to shutter or study closing the agency, the last remaining countywide education department in Texas.

State Sen. Paul Bettencourt, R-Houston, filed legislation that would codify a Texas Supreme Court decision that blocked Harris County from sending mail ballot applications to every registered voter in the county ahead of the November election. Swanson filed the House companion bill.

That’s a lot, and it doesn’t count the revenue cap, or this little gem that I had been unaware of:

During the 2019 legislative session, Abbott quietly backed a bill that would have maintained the current system in Texas’ rural Republican regions while changing it in more densely populated, mostly Democratic counties. That bill, which failed, would essentially have allowed the Republican governor to pick judges in the state’s Democratic areas, while Republican voters picked judges in the conservative areas.

I have to say, on reading all this my first reaction was why would anyone in Harris County want to be governed by people who hate us and want to do us harm? Sometimes I wonder what it would be like if Harris County were its own state. We’d have something like ten electoral votes all on our own, and we wouldn’t have to deal with this kind of bullshit.

It wasn’t always like this, of course. It’s not that long ago that “local control” was a Republican slogan rather than a quaint idea. But it’s also not that long ago that Harris was a Republican stronghold, and the radical shift in philosophy isn’t a coincidence. It’s very much of a piece with the Trump administration’s attacks on blue states, and of the increasingly bizarre and undemocratic legal arguments being made about this past election, including the one that the Supreme Court briefly considered that federal courts could overrule state courts on matters of state administration of elections. It has nothing to do with federalism or “states’ rights” or local control or any other mantra, but everything to do with the fact that Republicans don’t recognize any authority that isn’t theirs. If they don’t like it, it’s not legitimate, and the laws and the voters can go screw themselves.

This, as much as anything, is the tragedy of Dems not being able to retake the State House. With no check on their power, the Republicans are going to do what they want, and the best we can do is try to slow them down. It makes the 2022 election, and the continued need to break through at the statewide level, so vital. I’ll say it one more time, nothing will change until we can win enough elections to change the balance of power in this state. And if someone can give me an answer to that “how can Harris County become its own state” question, I’m listening.

No consensus on partisan judicial elections

Even the Texas Commission on Judicial Selection can’t agree.

There’s always been room for disagreement on the question of how to select judges in Texas. That won’t change in recommendations by the Lone Star State’s latest commission looking at the issue.

With a report to the Texas Legislature coming due this month, the Texas Commission on Judicial Selection met on Friday to vote on the recommendations it would include for Texas lawmakers to consider. The commission members’ votes were split down the middle when they were asked if Texas should stop electing judges as Republicans or Democrats and switch to a method where a commission initially appoints judges, who then run in retention elections. But the members found more agreement with smaller reforms, such as increasing the minimum qualifications to be a judge or further regulating how judges can use money in their campaigns.

When the final report comes out, it will say that Texas should not continue with partisan judicial elections. But that decision was highly divisive, with an 8-7 vote.

Most of the “no” votes came from Texas senators and representatives—both Republicans and Democrats—who serve on the commission. If their view is similar to their colleagues in the Texas Legislature, the recommendation has a slim-to-none chance of passing the lawmaking body.

“Constituents have relayed to me they do not want to have their rights taken away from them on judges they want to serve on these benches,” said Rep. Ina Minjarez, D-San Antonio.

Sen. Robert Nichols, R-Jacksonville, said he would not take away Texans’ constitutional rights.

“I’m going to be voting to stay with the current method of partisan selection, but I’m encouraging us to increase qualifications on the judges,” he said.

Considering that a majority of the commission did vote to recommend eliminating partisan judge races, Sen. Joan Huffman, R-Houston, said she would not sign off on the commission’s report, and did not want her name associated with it, unless the report clearly explained her disagreement.

“We’re going to set forth exactly what the vote was, so everyone knows what they are agreeing to and what they are not,” replied commission Chairman David Beck, a partner in Beck Redden in Houston who added that Huffman could write a separate statement in the report about her viewpoint.

Another divisive vote asked if the commission should recommend that Texas create a judicial selection commission that would initially appoint judges to the bench, and then they would run in retention elections to keep their seats. The commission was tied on the idea by a 7-7 vote, with one member abstaining. Again, it was the legislator-members of the commission who said no.

See here and here for the background. You know how I feel about this, and I said quite a bit of it in those two posts, so I’ll leave it at that. The Commission‘s report is due today, so we’ll see what they have to say. They did find more agreement on questions of mandating more experience for judicial candidates and for further regulating campaign contributions for judicial races. As a philosophical matter, I’m fine with those ideas, though of course the details will matter. The bottom line here seems to be that there’s zero appetite in the Legislature to make fundamental changes to our judicial election system. As I’ve said many times, until someone actually comes up with a viable alternate system that addresses the actual complaints people have with the current system without introducing other problems, this is how it should be.

UPDATE: Here’s a Trib story about this.

Abbott appoints another statewide judge

From before the holidays:

Judge Michael Keasler

Jesse McClure, a trial judge on a criminal court in Houston, will join the state’s highest court for criminal matters in the new year.

Gov. Greg Abbott appointed McClure, a Republican, to the Court of Criminal Appeals, where he will fill a seat being vacated by Judge Michael Keasler. Keasler, 78, is departing Dec. 31 under Texas’ mandatory retirement law for judges.

McClure was appointed to his current bench by Abbott in November 2019 but lost his reelection bid to Democrat Te’iva Bell last month in an election that saw Democrats sweep Harris County.

Previously, McClure worked as a prosecutor for the Texas Department of Insurance, as an attorney with the Department of Homeland Security and as an assistant district attorney in Tarrant County. He will serve the remainder of Keasler’s term, which lasts through the end of 2022, and then plans to seek reelection.

[…]

A Texas law that requires judges to retire within a few years of turning 75 forced Keasler to step down partway through his six-year term.

In Keasler’s case, the law caused a fair bit of confusion.

Last year, two Democrats pursued the nomination to run for Keasler’s seat, expecting an election, rather than an appointment, in a misunderstanding that even the Texas secretary of state’s office did not escape. Ultimately, given that Keasler served through the end of the year, the seat fell to Abbott to fill, not the voters.

Keasler said that did not influence his decision to serve through the end of the year.

“I know I’m in the fourth quarter, there’s no question about that, I just hope I’m not at the two-minute warning just yet,” he joked.

See here for the background on that confusion. I guess “within a few years of turning 75” does leave some room for interpretation. McClure was Abbott’s second appointment to a statewide bench in the last three months, following the well-timed resignation of now-former Supreme Court Justice Paul Green. For all the biennial debate we have about electing judges versus some other system for naming them, we sure do have a lot of judges on the Supreme Court and Court of Criminal Appeals who got there initially via gubernatorial appointment. Such selections come with no requirement for Senate confirmation, and in nearly every case the newbie judge gets two full years on the bench before having to face the voters. We can as always debate the merits of the system we have, but we should be honest about the way that system actually works.

Precinct analysis: The judicial averages

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2

As you know, I use the average totals and percentages from local judicial races as my go-to metric for determining partisan indexes for each district. That’s because these are two-candidate races, and generally speaking people vote in them on the party label and not on detailed knowledge of the individual candidates. I’ve looked at this data in various ways over the years – in 2018, it was all about undervoting, as my contribution to the deeply annoying great straight-ticket voting debate. This year, I just want to provide as comprehensive a look as I can at what the partisan index of each district is, so without further ado here are the averages and minimum/maximum values for each district:


Dist    Avg R    Avg D  Avg R%  Avg D%
======================================
CD02  180,657  152,260  54.26%  45.74%
CD07  152,705  147,943  50.79%  49.21%
CD08   25,930   14,830  63.62%  36.38%
CD09   37,855  119,136  24.11%  75.89%
CD10  103,043   58,975  63.60%  36.40%
CD18   59,751  178,574  25.07%  74.93%
CD22   21,796   19,965  52.19%  47.81%
CD29   49,285  100,975  32.80%  67.20%
CD36   82,990   47,534  63.58%  36.42%
				
SBOE4 106,801  333,572  24.25%  75.75%
SBOE6 387,513  345,132  52.89%  47.11%
SBOE8 219,698  161,490  57.64%  42.36%
				
SD04   55,837   22,370  71.40%  28.60%
SD06   57,502  117,156  32.92%  67.08%
SD07  236,992  169,822  58.26%  41.74%
SD11   77,482   46,126  62.68%  37.32%
SD13   38,020  158,384  19.36%  80.64%
SD15  114,322  192,386  37.27%  62.73%
SD17  118,535  122,335  49.21%  50.79%
SD18   15,323   11,618  56.88%  43.12%
				
HD126  39,112   33,088  54.17%  45.83%
HD127  54,309   34,783  60.96%  39.04%
HD128  48,197   21,688  68.97%  31.03%
HD129  48,127   34,606  58.17%  41.83%
HD130  70,364   31,748  68.91%  31.09%
HD131  10,092   44,290  18.56%  81.44%
HD132  50,934   47,797  51.59%  48.41%
HD133  50,892   35,660  58.80%  41.20%
HD134  49,172   56,015  46.75%  53.25%
HD135  36,694   36,599  50.07%  49.93%
HD137  10,422   20,732  33.45%  66.55%
HD138  31,922   30,597  51.06%  48.94%
HD139  15,711   44,501  26.09%  73.91%
HD140   9,326   21,677  30.08%  69.92%
HD141   7,106   35,937  16.51%  83.49%
HD142  13,933   41,496  25.14%  74.86%
HD143  11,999   24,126  33.21%  66.79%
HD144  13,786   16,469  45.57%  54.43%
HD145  14,992   26,765  35.90%  64.10%
HD146  11,408   43,008  20.96%  79.04%
HD147  15,323   52,737  22.51%  77.49%
HD148  22,392   36,300  38.15%  61.85%
HD149  21,640   30,536  41.47%  58.53%
HD150  56,160   39,038  58.99%  41.01%
				
CC1    93,365  277,707  25.16%  74.84%
CC2   150,891  143,324  51.29%  48.71%
CC3   228,295  207,558  52.38%  47.62%
CC4   241,461  211,606  53.29%  46.71%
				
JP1    93,441  162,045  36.57%  63.43%
JP2    34,172   48,572  41.30%  58.70%
JP3    51,782   67,626  43.37%  56.63%
JP4   235,236  182,956  56.25%  43.75%
JP5   204,805  212,367  49.09%  50.91%
JP6     8,152   26,921  23.24%  76.76%
JP7    18,654   99,583  15.78%  84.22%
JP8    67,769   40,125  62.81%  37.19%


Dist    Max R    Min D  Max R%  Min D%
======================================
CD02  185,931  148,006  55.68%  44.32%
CD07  159,695  144,247  52.54%  47.46%
CD08   26,439   14,393  64.75%  35.25%
CD09   40,013  116,625  25.54%  74.46%
CD10  105,177   57,133  64.80%  35.20%
CD18   63,096  174,763  26.53%  73.47%
CD22   22,436   19,262  53.81%  46.19%
CD29   55,680   94,745  37.02%  62.98%
CD36   84,840   45,634  65.02%  34.98%
				
SBOE4 117,378  322,667  26.67%  73.33%
SBOE6 401,507  336,009  54.44%  45.56%
SBOE8 224,690  156,133  59.00%  41.00%
				
SD04   56,905   21,704  72.39%  27.61%
SD06   64,474  110,326  36.88%  63.12%
SD07  242,602  164,480  59.60%  40.40%
SD11   79,333   44,482  64.07%  35.93%
SD13   40,293  155,638  20.56%  79.44%
SD15  118,813  187,188  38.83%  61.17%
SD17  124,541  119,169  51.10%  48.90%
SD18   15,619   11,279  58.07%  41.93%
				
HD126  40,053   31,945  55.63%  44.37%
HD127  55,452   33,703  62.20%  37.80%
HD128  49,089   20,798  70.24%  29.76%
HD129  49,387   33,547  59.55%  40.45%
HD130  71,729   30,669  70.05%  29.95%
HD131  11,027   43,306  20.30%  79.70%
HD132  52,228   46,423  52.94%  47.06%
HD133  53,008   34,318  60.70%  39.30%
HD134  53,200   53,340  49.93%  50.07%
HD135  37,600   35,481  51.45%  48.55%
HD137  10,831   20,255  34.84%  65.16%
HD138  32,956   29,493  52.77%  47.23%
HD139  16,700   43,426  27.78%  72.22%
HD140  10,796   20,276  34.75%  65.25%
HD141   7,844   35,148  18.25%  81.75%
HD142  15,015   40,325  27.13%  72.87%
HD143  13,599   22,554  37.62%  62.38%
HD144  14,965   15,326  49.40%  50.60%
HD145  16,455   25,318  39.39%  60.61%
HD146  11,924   42,368  21.96%  78.04%
HD147  16,147   51,800  23.76%  76.24%
HD148  23,754   35,054  40.39%  59.61%
HD149  22,315   29,713  42.89%  57.11%
HD150  57,274   37,933  60.16%  39.84%
				
CC1    98,310  271,971  26.55%  73.45%
CC2   158,199  135,874  53.80%  46.20%
CC3   236,301  201,920  53.92%  46.08%
CC4   248,120  205,046  54.75%  45.25%
				
JP1    99,574  157,709  38.70%  61.30%
JP2    36,841   45,917  44.52%  55.48%
JP3    54,016   65,253  45.29%  54.71%
JP4   240,145  177,376  57.52%  42.48%
JP5   211,698  206,389  50.63%  49.37%
JP6     9,694   25,425  27.60%  72.40%
JP7    19,825   98,162  16.80%  83.20%
JP8    69,422   38,580  64.28%  35.72%


Dist    Min R    Max D  Min R%  Max D%
======================================
CD02  175,786  157,942  52.67%  47.33%
CD07  145,575  154,644  48.49%  51.51%
CD08   25,520   15,264  62.57%  37.43%
CD09   36,275  121,193  23.04%  76.96%
CD10  101,112   61,042  62.36%  37.64%
CD18   56,673  182,314  23.71%  76.29%
CD22   21,218   20,673  50.65%  49.35%
CD29   45,744  105,745  30.20%  69.80%
CD36   81,336   49,507  62.16%  37.84%
				
SBOE4 100,933  342,178  22.78%  77.22%
SBOE6 373,961  359,113  51.01%  48.99%
SBOE8 215,025  167,034  56.28%  43.72%
				
SD04   55,047   23,216  70.34%  29.66%
SD06   53,562  122,474  30.43%  69.57%
SD07  231,452  175,578  56.86%  43.14%
SD11   75,844   48,065  61.21%  38.79%
SD13   36,086  160,806  18.33%  81.67%
SD15  109,597  198,247  35.60%  64.40%
SD17  112,679  127,956  46.83%  53.17%
SD18   15,000   11,985  55.59%  44.41%
				
HD126  38,215   34,107  52.84%  47.16%
HD127  53,344   35,933  59.75%  40.25%
HD128  47,390   22,477  67.83%  32.17%
HD129  46,964   36,012  56.60%  43.40%
HD130  69,298   32,900  67.81%  32.19%
HD131   9,584   44,980  17.56%  82.44%
HD132  49,625   49,260  50.18%  49.82%
HD133  48,359   37,729  56.17%  43.83%
HD134  45,698   59,519  43.43%  56.57%
HD135  35,662   37,653  48.64%  51.36%
HD137   9,997   21,240  32.00%  68.00%
HD138  30,912   31,792  49.30%  50.70%
HD139  14,891   45,442  24.68%  75.32%
HD140   8,496   22,687  27.25%  72.75%
HD141   6,751   36,444  15.63%  84.37%
HD142  13,366   42,296  24.01%  75.99%
HD143  11,100   25,218  30.56%  69.44%
HD144  13,029   17,345  42.90%  57.10%
HD145  14,011   28,167  33.22%  66.78%
HD146  10,824   43,630  19.88%  80.12%
HD147  14,469   53,867  21.17%  78.83%
HD148  21,053   38,031  35.63%  64.37%
HD149  20,955   31,398  40.03%  59.97%
HD150  55,070   40,198  57.81%  42.19%
				
CC1    88,636  283,723  23.80%  76.20%
CC2   146,468  149,847  49.43%  50.57%
CC3   220,181  215,729  50.51%  49.49%
CC4   234,765  219,028  51.73%  48.27%
				
JP1    87,533  168,977  34.12%  65.88%
JP2    32,564   50,632  39.14%  60.86%
JP3    50,336   69,338  42.06%  57.94%
JP4   230,567  188,394  55.03%  44.97%
JP5   197,305  219,993  47.28%  52.72%
JP6     7,269   28,198  20.50%  79.50%
JP7    17,578  100,870  14.84%  85.16%
JP8    66,324   41,925  61.27%  38.73%

There were 15 contested District or County court races, with another 12 that had only a Democrat running. All of the numbers are from the contested races. The first table is just the average vote total for each candidate in that district; I then computed the percentage from those average values. For the second and third tables, I used the Excel MAX and MIN functions to get the highest and lowest vote totals for each party in each district. It should be noted that the max Republican and min Democratic totals in a given district (and vice versa) may not belong to the candidates from the same race, as the total number of votes in each race varies. Consider these to be a bit more of a theoretical construct, to see what the absolute best and worst case scenario for each party was this year.

One could argue that Democrats did better than expected this year, given the partisan levels they faced. Both Lizzie Fletcher and Jon Rosenthal won re-election, in CD07 and HD135, despite running in districts that were tilted slightly against them. The one Republican that won in a district that tilted Democratic was Precinct 5 Constable Ted Heap, who won as his JP colleague Russ Ridgway fell; as previously noted, Dan Crenshaw clearly outperformed the baseline in CD02. The tilt in Commissioners Court Precinct 3 was too much for Michael Moore to overcome, though perhaps redistricting and four more years of demographic change will move things in the Democratic direction for 2024. As for Precinct 2, I believe Adrian Garcia would have been re-elected if he had been on the ballot despite the Republican tilt in that precinct, mostly because the Latino Democratic candidates generally carried the precinct. He will also get a hand from redistricting when that happens. I believe being the incumbent would have helped him regardless, as Jack Morman ran ahead of the pack in 2018, just not by enough to hang on.

The “Republican max” (table 2) and “Democratic max” (table 3) values give you a picture of the range of possibility in each district. At their high end for Republicans, CD02 and SBOE6 don’t look particularly competitive, while CD07 and HD135 look like they really got away, while HD144 looks like a missed opportunity, and JP5 could have maybe been held in both races. HD134 remained stubbornly Democratic, however. On the flip side, you can see that at least one Democratic judicial candidate took a majority in CD07, HD135, HD138, and CC2, while CC3 and CC4 both look enticingly close, and neither HDs 134 nor 144 look competitive at all. If nothing else, this is a reminder that even in these judicial races, there can be a lot of variance.

On the subject of undervoting, as noted in the Appellate Court posts, the dropoff rate in those races was about 4.7% – there wasn’t much change from the first race to the fourth. For the contested local judicial races, the undervote rate ranged from 5.06% in the first race to 6.54%, in the seventh (contested) race from the end. There was a downward trend as you got farther down the ballot, but it wasn’t absolute – as noted, there were six races after the most-undervoted race, all with higher vote totals. The difference between the highest turnout race to the lowest was about 24K votes, from 1.568 million to 1.544 million. It’s not nothing, but in the grand scheme of things it’s pretty minimal.

The twelve unopposed Democrats in judicial races clearly show how unopposed candidates always do better than candidates that have opponents. Every unopposed judicial candidate collected over one million votes. Kristen Hawkins, the first unopposed judicial candidate, and thus most likely the first unopposed candidate on everyone’s ballot, led the way with 1.068 million votes, about 200K more votes than Michael Gomez, who was the leading votegetter in a contested race. Every unopposed Democratic candidate got a vote from at least 61.25% of all voters, with Hawkins getting a vote from 64.44% of all. I have always assumed that some number of people feel like they need to vote in each race, even the ones with only one candidate.

I’m going to analyze the vote in the non-Houston cities next. As always, please let me know what you think.

Precinct analysis: Appellate courts, part 2

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1

Here’s the more traditional look at the Court of Appeals races. Unlike the Supreme Court and CCA, all of these races just have two candidates, so we get a purer view of each district’s partisan measure.


Dist    Chris    Robsn  Chris%  Robsn%
======================================
CD02  184,964  152,768  54.77%  45.23%
CD07  157,736  147,670  51.65%  48.35%
CD08   26,431   14,916  63.92%  36.08%
CD09   39,195  119,621  24.68%  75.32%
CD10  104,717   59,540  63.75%  36.25%
CD18   62,244  178,810  25.82%  74.18%
CD22   22,412   20,080  52.74%  47.26%
CD29   51,407  100,718  33.79%  66.21%
CD36   84,772   47,797  63.95%  36.05%
				
SBOE4 111,462  333,791  25.03%  74.97%
SBOE6 398,123  345,585  53.53%  46.47%
SBOE8 224,293  162,545  57.98%  42.02%
				
SD04   56,898   22,562  71.61%  28.39%
SD06   59,896  116,837  33.89%  66.11%
SD07  241,721  170,662  58.62%  41.38%
SD11   79,273   46,425  63.07%  36.93%
SD13   39,578  158,975  19.93%  80.07%
SD15  118,283  192,558  38.05%  61.95%
SD17  122,640  122,169  50.10%  49.90%
SD18   15,589   11,734  57.05%  42.95%
				
HD126  39,903   33,263  54.54%  45.46%
HD127  55,384   34,979  61.29%  38.71%
HD128  49,071   21,878  69.16%  30.84%
HD129  49,357   34,835  58.62%  41.38%
HD130  71,485   31,992  69.08%  30.92%
HD131  10,547   44,331  19.22%  80.78%
HD132  51,970   48,189  51.89%  48.11%
HD133  52,531   35,414  59.73%  40.27%
HD134  51,636   55,503  48.20%  51.80%
HD135  37,498   36,828  50.45%  49.55%
HD137  10,775   20,855  34.07%  65.93%
HD138  32,788   30,669  51.67%  48.33%
HD139  16,375   44,551  26.88%  73.12%
HD140   9,795   21,511  31.29%  68.71%
HD141   7,493   35,952  17.25%  82.75%
HD142  14,378   41,649  25.66%  74.34%
HD143  12,559   24,038  34.32%  65.68%
HD144  14,250   16,410  46.48%  53.52%
HD145  15,600   26,725  36.86%  63.14%
HD146  11,819   43,211  21.48%  78.52%
HD147  16,024   52,771  23.29%  76.71%
HD148  23,255   36,320  39.03%  60.97%
HD149  22,187   30,741  41.92%  58.08%
HD150  57,197   39,304  59.27%  40.73%
				
CC1    97,397  278,086  25.94%  74.06%
CC2   154,992  143,474  51.93%  48.07%
CC3   234,325  208,116  52.96%  47.04%
CC4   247,164  212,247  53.80%  46.20%
				
JP1    97,730  161,507  37.70%  62.30%
JP2    35,419   48,550  42.18%  57.82%
JP3    53,112   67,814  43.92%  56.08%
JP4   239,927  183,854  56.62%  43.38%
JP5   210,230  213,175  49.65%  50.35%
JP6     8,570   26,891  24.17%  75.83%
JP7    19,569   99,806  16.39%  83.61%
JP8    69,321   40,326  63.22%  36.78%


Dist    Lloyd   Molloy  Lloyd% Molloy%
======================================
CD02  182,465  155,019  54.07%  45.93%
CD07  155,392  149,641  50.94%  49.06%
CD08   26,105   15,215  63.18%  36.82%
CD09   38,009  120,873  23.92%  76.08%
CD10  103,826   60,311  63.26%  36.74%
CD18   59,729  181,164  24.79%  75.21%
CD22   22,012   20,440  51.85%  48.15%
CD29   47,790  104,691  31.34%  68.66%
CD36   83,738   48,699  63.23%  36.77%
			
SBOE4 105,088  340,408  23.59%  76.41%
SBOE6 392,723  350,361  52.85%  47.15%
SBOE8 221,255  165,285  57.24%  42.76%
				
SD04   56,516   22,841  71.22%  28.78%
SD06   55,876  121,303  31.54%  68.46%
SD07  238,891  173,275  57.96%  42.04%
SD11   78,393   47,111  62.46%  37.54%
SD13   38,185  160,335  19.23%  80.77%
SD15  114,913  195,701  37.00%  63.00%
SD17  120,892  123,589  49.45%  50.55%
SD18   15,400   11,900  56.41%  43.59%
				
HD126  39,359   33,787  53.81%  46.19%
HD127  54,725   35,562  60.61%  39.39%
HD128  48,591   22,310  68.53%  31.47%
HD129  48,813   35,233  58.08%  41.92%
HD130  71,017   32,409  68.66%  31.34%
HD131   9,999   44,913  18.21%  81.79%
HD132  51,123   48,982  51.07%  48.93%
HD133  52,075   35,754  59.29%  40.71%
HD134  50,815   56,050  47.55%  52.45%
HD135  36,859   37,440  49.61%  50.39%
HD137  10,494   21,131  33.18%  66.82%
HD138  32,143   31,246  50.71%  49.29%
HD139  15,702   45,174  25.79%  74.21%
HD140   8,932   22,448  28.46%  71.54%
HD141   6,966   36,461  16.04%  83.96%
HD142  13,717   42,333  24.47%  75.53%
HD143  11,615   25,061  31.67%  68.33%
HD144  13,600   17,131  44.25%  55.75%
HD145  14,768   27,651  34.81%  65.19%
HD146  11,569   43,424  21.04%  78.96%
HD147  15,344   53,409  22.32%  77.68%
HD148  22,543   37,048  37.83%  62.17%
HD149  21,838   31,134  41.23%  58.77%
HD150  56,458   39,961  58.55%  41.45%
				
CC1    93,785  281,473  24.99%  75.01%
CC2   150,775  147,845  50.49%  49.51%
CC3   231,120  210,968  52.28%  47.72%
CC4   243,386  215,770  53.01%  46.99%
				
JP1    94,795  164,261  36.59%  63.41%
JP2    33,861   50,188  40.29%  59.71%
JP3    51,723   69,237  42.76%  57.24%
JP4   236,701  186,804  55.89%  44.11%
JP5   206,960  216,197  48.91%  51.09%
JP6     7,778   27,817  21.85%  78.15%
JP7    18,795  100,517  15.75%  84.25%
JP8    68,453   41,035  62.52%  37.48%


Dist    Adams   Guerra  Adams% Guerra%
======================================
CD02  184,405  152,836  54.68%  45.32%
CD07  157,212  147,381  51.61%  48.39%
CD08   26,351   14,919  63.85%  36.15%
CD09   38,998  119,778  24.56%  75.44%
CD10  104,820   59,234  63.89%  36.11%
CD18   61,326  179,332  25.48%  74.52%
CD22   22,218   20,211  52.37%  47.63%
CD29   48,121  104,386  31.55%  68.45%
CD36   84,501   47,871  63.84%  36.16%
			
SBOE4 107,293  337,920  24.10%  75.90%
SBOE6 397,124  345,286  53.49%  46.51%
SBOE8 223,535  162,743  57.87%  42.13%
				
SD04   56,904   22,386  71.77%  28.23%
SD06   56,357  120,880  31.80%  68.20%
SD07  241,466  170,348  58.63%  41.37%
SD11   79,098   46,319  63.07%  36.93%
SD13   39,476  158,887  19.90%  80.10%
SD15  116,690  193,656  37.60%  62.40%
SD17  122,412  121,729  50.14%  49.86%
SD18   15,549   11,745  56.97%  43.03%
				
HD126  39,813   33,289  54.46%  45.54%
HD127  55,237   34,999  61.21%  38.79%
HD128  48,957   21,899  69.09%  30.91%
HD129  49,340   34,653  58.74%  41.26%
HD130  71,559   31,806  69.23%  30.77%
HD131  10,266   44,574  18.72%  81.28%
HD132  51,808   48,208  51.80%  48.20%
HD133  52,597   35,086  59.99%  40.01%
HD134  51,370   55,317  48.15%  51.85%
HD135  37,274   36,945  50.22%  49.78%
HD137  10,724   20,876  33.94%  66.06%
HD138  32,559   30,808  51.38%  48.62%
HD139  16,147   44,644  26.56%  73.44%
HD140   8,966   22,430  28.56%  71.44%
HD141   7,254   36,084  16.74%  83.26%
HD142  14,142   41,863  25.25%  74.75%
HD143  11,744   24,953  32.00%  68.00%
HD144  13,658   17,072  44.45%  55.55%
HD145  14,824   27,584  34.96%  65.04%
HD146  11,928   43,032  21.70%  78.30%
HD147  15,656   53,073  22.78%  77.22%
HD148  22,757   36,812  38.20%  61.80%
HD149  22,195   30,784  41.89%  58.11%
HD150  57,176   39,156  59.35%  40.65%
				
CC1    95,892  278,971  25.58%  74.42%
CC2   152,017  146,563  50.91%  49.09%
CC3   233,933  207,769  52.96%  47.04%
CC4   246,110  212,648  53.65%  46.35%
				
JP1    95,938  162,864  37.07%  62.93%
JP2    34,099   49,931  40.58%  59.42%
JP3    52,405   68,430  43.37%  56.63%
JP4   239,343  183,827  56.56%  43.44%
JP5   209,649  213,147  49.59%  50.41%
JP6     7,852   27,792  22.03%  77.97%
JP7    19,566   99,631  16.41%  83.59%
JP8    69,100   40,329  63.15%  36.85%


Dist     Wise    Craft   Wise%  Craft%
======================================
CD02  187,076  150,161  55.47%  44.53%
CD07  160,323  144,461  52.60%  47.40%
CD08   26,468   14,814  64.12%  35.88%
CD09   39,255  119,480  24.73%  75.27%
CD10  105,224   58,786  64.16%  35.84%
CD18   62,464  178,398  25.93%  74.07%
CD22   22,479   19,942  52.99%  47.01%
CD29   51,350  100,685  33.78%  66.22%
CD36   85,152   47,195  64.34%  35.66%
				
SBOE4 111,160  333,956  24.97%  75.03%
SBOE6 403,452  338,891  54.35%  45.65%
SBOE8 225,179  161,076  58.30%  41.70%
				
SD04   57,202   22,111  72.12%  27.88%
SD06   59,943  116,758  33.92%  66.08%
SD07  242,902  168,936  58.98%  41.02%
SD11   79,698   45,696  63.56%  36.44%
SD13   39,579  158,895  19.94%  80.06%
SD15  119,640  190,784  38.54%  61.46%
SD17  125,186  119,108  51.24%  48.76%
SD18   15,641   11,636  57.34%  42.66%
				
HD126  40,122   32,983  54.88%  45.12%
HD127  55,653   34,618  61.65%  38.35%
HD128  49,175   21,666  69.42%  30.58%
HD129  49,744   34,245  59.23%  40.77%
HD130  71,894   31,468  69.56%  30.44%
HD131  10,420   44,469  18.98%  81.02%
HD132  52,080   47,898  52.09%  47.91%
HD133  53,487   34,292  60.93%  39.07%
HD134  53,678   53,121  50.26%  49.74%
HD135  37,617   36,577  50.70%  49.30%
HD137  10,841   20,738  34.33%  65.67%
HD138  33,111   30,252  52.26%  47.74%
HD139  16,338   44,533  26.84%  73.16%
HD140   9,677   21,649  30.89%  69.11%
HD141   7,162   36,255  16.50%  83.50%
HD142  14,336   41,735  25.57%  74.43%
HD143  12,465   24,123  34.07%  65.93%
HD144  14,238   16,400  46.47%  53.53%
HD145  15,761   26,507  37.29%  62.71%
HD146  12,019   42,980  21.85%  78.15%
HD147  16,327   52,404  23.75%  76.25%
HD148  24,026   35,407  40.43%  59.57%
HD149  22,369   30,513  42.30%  57.70%
HD150  57,250   39,088  59.43%  40.57%
				
CC1    98,291  276,873  26.20%  73.80%
CC2   155,580  142,504  52.19%  47.81%
CC3   236,903  204,782  53.64%  46.36%
CC4   249,017  209,766  54.28%  45.72%
				
JP1   100,430  158,362  38.81%  61.19%
JP2    35,440   48,448  42.25%  57.75%
JP3    52,981   67,919  43.82%  56.18%
JP4   240,598  182,662  56.84%  43.16%
JP5   212,371  210,308  50.24%  49.76%
JP6     8,629   26,793  24.36%  75.64%
JP7    19,649   99,743  16.46%  83.54%
JP8    69,693   39,690  63.71%  36.29%

If you just went by these results, you might think Dems did worse overall in Harris County than they actually did. None of the four candidates carried CD07, and only Veronica Rivas-Molloy carried HD135. They all still carried Harris County, by margins ranging from 6.0 to 8.7 points and 94K to 137K votes, but it’s clear they could have done better, and as we well know, even doing a little better would have carried Jane Robinson and Tamika Craft (who, despite her low score here still lost overall by less than 20K votes out of over 2.3 million ballots cast) to victory.

I don’t have a good explanation for any of this. Maybe the Libertarian candidates that some statewide races had a bigger effect on those races than we think. Maybe the incumbents had an advantage that enabled them to get a better share of the soft partisan vote. Maybe the Chron endorsements helped the incumbents. And maybe the lack of straight ticket voting did matter. The undervote rate in these races was around 4.7%, which is pretty low, but in 2018 it was around 2.7%. Picking on the Robinson race again, had the undervote rate been 2.7% instead of the 4.68% it actually was, there would have been an additional 36,154 votes cast. At the same 53.43% rate for Robinson, she would have received another 19,317 votes, with Tracy Christopher getting 16,837. That’s a 2,480 vote net for Robinson, which would be enough for her to win, by 1,291 votes. Tamika Craft would still fall short, but Dems would have won three out of four races instead of just two.

Of course, we can’t just give straight ticket voting back to Harris County and not the other nine counties. I’m not going to run through the math for each county, but given that Christopher did better in the non-Harris Counties, we can assume she’s net a few votes in them if straight ticket voting were still in effect. Maybe it wouldn’t be enough – remember, there were far more votes in Harris than in the other nine, and the Republican advantage wasn’t that much bigger, so the net would be smaller. It’s speculation built on guesswork, and it’s all in service of making up for the fact that the Democratic candidates could have done better in Harris County with the votes that were cast than they did. Let’s not get too wishful in our thinking here.

So does this affect my advice from the previous post? Not really – we still need to build on what we’re already doing, and figure out how to do better in the places where we need to do better. Maybe a greater focus judicial races is needed, by which I mean more money spent to advertise the Democratic judicial slate. As we’ve observed, these are close races in what is clearly very swingy territory, at least for now. With close races, there’s a broad range of possible factors that could change the outcome. Pick your preference and get to work on it.

Precinct analysis: Appellate courts, part 1

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions

My next two posts in this series will focus on the 1st and 14th Courts of Appeals. These courts are a little strange electorally, as the elections cover ten counties in all, and over the past few elections they have proven to be pretty darned balanced. As we know, turnout in Harris County has gone up a lot in recent years, and the county has gone from evenly split to strongly blue, yet the balance in these ten counties persists. In this post, I’m going to do a bit of a historical review, to look at the trends and see if we can spot the underlying metrics.


2008 - 1st CoA Pl 3 (50.58%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,111,642  70.74%   585,249  52.65%
Others     459,704  29.26%   209,510  45.57%

2012 - 14th CoA Pl 3 (47.74%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,137,580  69.82%   580,356  51.01%
Others     491,673  30.18%   197,511  40.17%

2016 - 1st CoA Pl 4 (48.95%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,273,638  69.00%   671,908  52.76%
Others     572,258  31.00%   231,702  40.49%

2018 - 1st CoA Pl 2 (50.93%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,187,403  68.63%   647,398  54.52%
Others     542,765  31.37%   233,693  43.06%

2020 - 1st CoA Pl 3 (50.76%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,575,122  68.23%   856,056  54.35%
Others     733,364  31.77%   314,644  42.90%

2020 - 1st CoA Pl 5 (50.10%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,573,903  68.24%   845,951  53.75%
Others     732,455  31.76%   309,497  42.25%

2020 - 14th CoA Chief Justice (49.97%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,575,801  68.23%   841,923  53.43%
Others     733,698  31.77%   312,231  42.56%

2020 - 14th CoA Pl 7 (49.57%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,573,716  68.25%   833,925  52.99%
Others     732,057  31.75%   309,115  42.23%

A couple of points of explanation here. For 2008, 2012, 2016, and 2018, I picked the top Democratic performer among the appellate court candidates. For 2008, that meant the one Democratic winner. In 2018, as every Dem won their race, I went with the candidate with the narrowest victory, since what I’m most interested in is the threshold needed to win. For 2020, I included all four candidates.

In each table, I separated out the total votes cast in that race from Harris County, and from all the other counties. “Share” is the share of the vote that came from Harris County, so in the 2008 race 70.74% of the total vote came from Harris County. “DemVotes” is the total number of votes the Democratic candidate got, in Harris and in the other counties, and “Dem%” is the percentage of the vote that Democratic candidate got.

We see that the share of the vote from Harris County has dropped every year, from over 70% in 2008 to a bit more than 68% this year. That doesn’t appear to be predictive of anything, as Dems swept these races in 2018 and won two out of four this year, with the lowest-performing Dem having (by a tiny amount) the largest Harris County vote share. The rise of Fort Bend County as a Democratic bastion has no doubt mitigated the shrinking contribution from Harris, but that points out again the importance of counties around Harris, as the reddening of Galveston and the smaller counties has kept these races competitive. One thing I hadn’t realized till I went through this exercise was that Waller County was quite close to even in 2008, but gave Republicans a 7K vote edge in 2020. Indeed, Dem candidates in Waller in 2020 were getting about the same number of votes as Dem candidates in Waller in 2008, after two cycles of failing to meet the 2008 number, as the Republican vote steadily climbed. As we have discussed before, Jane Robinson lost her race by 0.06 percentage points, or a bit more than a thousand votes out of over 1.5 million votes cast. In a race that close, you can point to many, many ways in which a small difference would have changed the outcome.

That’s one reason why these races interest me so much. For one, the appellate courts were a place where Dems made numerous pickups in 2020, yet still fell a bit short of expectations – I at least thought we’d win all four of these, given how well we’d done in 2018. But as you can see, it wasn’t quite to be. I don’t want to downplay the races we did win – Veronica Rivas Molloy and Amparo Guerra are both terrific candidates, and they are now the only Latinas on that court – I’m just greedy enough to have wanted more.

What’s frustrating to me is that I can’t tell what I think is the magic formula here. The difference between Guerra, who won by four thousand votes and 0.20 percentage points, and Robinson is tiny enough to be rounding error. The main difference is that Guerra won Harris County by ten thousand votes more than Robinson did, while Robinson did five thousand votes better in the other counties than Guerra did (she lost them by 421K while Guerra lost them by 426K). We know that Latinx candidates generally did better in Harris County this year than their peers, but that wasn’t the case outside Harris County. And even if it was, that’s not much of a lesson to learn. It was a game of inches, and we won one and lost one.

Ultimately, I think the path here is the same as the path I’ve described in the various “key counties” posts. We’re starting to move in the right direction in Brazoria County, and if we can keep that going that could be enough to tip the scales to the blue side on a longer-term basis. Basically, if we keep doing what we’re doing we’ll likely be at least competitive in these races, and if we can step it up a bit, especially but not exclusively in Brazoria, we can do better than that. Maybe not the deepest insight you’ll ever read, but it’s what I’ve got.

(Assuming that the judicial districts don’t get redrawn, which I suppose they could. In 2004, the First and Fourteenth districts included Burleson, Trinity, and Walker Counties plus the current ten. We’d have zero chance of winning these races if those three were added back in. I have no idea what the process or criteria for defining the judicial districts is. I’m just saying that if Republicans decided to do something about this, they probably could.)

Next up, I’ll do the district breakdown for these four races in Harris County. After that, more judicial races and then on to the other county races. As always, let me know what you think.

Precinct analysis: Other jurisdictions

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial

You may be wondering “Hey, how come you haven’t reported on data from SBOE and State Senate districts?” Well, I’ll tell you, since the SBOE and Senate serve four-year terms with only half of the races up for election outside of redistricting years, the results in the districts that aren’t on the ballot are not discernable to me. But! I was eventually able to get a spreadsheet that defined all of the relevant districts for each individual precinct, and that allowed me to go back and fill in the empty values. And now here I present them to you. Oh, and as a special bonus, I merged the data from the 2012 city of Houston bond elections into this year’s totals and pulled out the numbers for the city of Houston for the top races. So here you have it:


Dist     Trump    Biden    Lib    Grn  Trump%  Biden%   Lib%   Grn%
===================================================================
SBOE4  110,192  350,258  3,530  1,787  23.66%  75.20%  0.76%  0.38%
SBOE6  371,101  391,911  8,796  2,157  47.95%  50.64%  1.14%  0.28%
SBOE8  219,337  176,022  4,493  1,185  54.69%  43.89%  1.12%  0.30%
								
SD04    55,426   25,561    936    145  67.54%  31.15%  1.14%  0.18%
SD06    61,089  123,708  1,577    770  32.64%  66.10%  0.84%  0.41%
SD07   232,201  188,150  4,746  1,216  54.47%  44.13%  1.11%  0.29%
SD11    77,325   51,561  1,605    389  59.08%  39.40%  1.23%  0.30%
SD13    38,198  166,939  1,474    753  18.42%  80.51%  0.71%  0.36%
SD15   110,485  208,552  3,444  1,045  34.15%  64.46%  1.06%  0.32%
SD17   110,788  140,986  2,706    720  43.41%  55.25%  1.06%  0.28%
SD18    15,118   12,735	   331     91  53.47%  45.04%  1.17%  0.32%

Hou    285,379  535,713  8,222  2,704  34.30%  64.39%  0.99%  0.32%
Harris 415,251  382,480  8,597  2,425  51.34%  47.29%  1.06%  0.30%


Dist    Cornyn    Hegar    Lib    Grn Cornyn%  Hegar%   Lib%   Grn%
===================================================================
SBOE4  110,002  330,420  8,479  5,155  23.62%  70.94%  1.82%  1.11%
SBOE6  387,726  359,196 13,130  4,964  50.68%  46.95%  1.72%  0.65%
SBOE8  220,500  164,540  7,608  2,770  55.76%  41.61%  1.92%  0.70%
								
SD04    56,085   23,380  1,405    393  69.02%  28.77%  1.73%  0.48%
SD06    59,310  115,620  3,609  2,257  32.80%  63.95%  2.00%  1.25%
SD07   237,216  173,948  7,682  2,796  55.64%  40.80%  1.80%  0.66%
SD11    77,887   47,787  2,508    854  60.36%  37.03%  1.94%  0.66%
SD13    39,386  157,671  3,502  2,149  19.43%  77.78%  1.73%  1.06%
SD15   114,616  195,264  6,065  2,657  35.43%  60.35%  1.87%  0.82%
SD17   118,460  128,628  3,892  1,603  46.42%  50.40%  1.53%  0.63%
SD18    15,268   11,859    554    180  54.80%  42.56%  1.99%  0.65%

Hou    297,735  498,078 14,537  7,021  36.43%  60.94%  1.78%  0.86%
Harris 420,493  356,080 14,680  5,868  52.75%  44.67%  1.84%  0.74%


Dist    Wright    Casta    Lib    Grn Wright%  Casta%   Lib%   Grn%
===================================================================
SBOE4  102,521  332,324  8,247  7,160  22.01%  71.35%  1.77%  1.54%
SBOE6  379,555  347,938 16,311  9,217  50.40%  46.21%  2.17%  1.22%
SBOE8  214,771  163,095  8,573  4,631  54.92%  41.70%  2.19%  1.18%
								
SD04    54,997   22,915  1,715    685  68.48%  28.53%  2.14%  0.85%
SD06    54,732  118,635  3,389  2,751  30.49%  66.09%  1.89%  1.53%
SD07   232,729  169,832  9,084  4,902  54.59%  39.84%  2.13%  1.15%
SD11    75,580   47,284  2,906  1,454  59.41%  37.17%  2.28%  1.14%
SD13    37,009  156,577  3,653  3,306  18.45%  78.08%  1.82%  1.65%
SD15   111,109  192,351  6,833  4,347  34.34%  59.45%  2.11%  1.34%
SD17   115,654  124,174  4,931  3,219  45.32%  48.66%  1.93%  1.26%
SD18    15,037   11,590    620    344  54.50%  42.01%  2.25%  1.25%

Hou    286,759  491,191 16,625 11,553  34.47%  59.04%  2.00%  1.39%
Harris 410,088  352,168 16,506  9,455  50.71%  43.54%  2.04%  1.17%

Dist     Hecht  Meachum    Lib  Hecht% Meachum%  Lib%
=====================================================
SBOE4  104,675  334,600 10,745  23.26%  74.35%  2.39%
SBOE6  387,841  349,776 17,294  51.38%  46.33%  2.29%
SBOE8  217,760  164,210  9,466  55.63%  41.95%  2.42%
						
SD04    55,773   22,920  1,721  69.36%  28.50%  2.14%
SD06    56,313  117,884  4,832  31.45%  65.85%  2.70%
SD07   235,317  172,232  9,800  56.38%  41.27%  2.35%
SD11    77,081   47,122  3,169  60.52%  37.00%  2.49%
SD13    37,495  158,731  4,500  18.68%  79.08%  2.24%
SD15   113,248  194,232  7,612  35.94%  61.64%  2.42%
SD17   119,941  123,630  5,196  48.21%  49.70%  2.09%
SD18    15,108   11,836    675  54.70%  42.85%  2.44%

Dist      Boyd   Will's    Lib   Boyd% Will's%   Lib%
=====================================================
SBOE4  104,397  336,102  8,832  23.23%  74.80%  1.97%
SBOE6  380,861  354,806 15,618  50.69%  47.23%  2.08%
SBOE8  217,360  164,288  8,525  55.71%  42.11%  2.18%
						
SD04    55,481   22,982  1,621  69.28%  28.70%  2.02%
SD06    56,932  117,444  4,132  31.89%  65.79%  2.31%
SD07   234,080  173,025  8,683  56.30%  41.61%  2.09%
SD11    76,633   47,377  2,834  60.42%  37.35%  2.23%
SD13    36,755  160,184  3,557  18.33%  79.89%  1.77%
SD15   111,564  195,699  6,798  35.52%  62.31%  2.16%
SD17   116,011  126,731  4,723  46.88%  51.21%  1.91%
SD18    15,162   11,755    627  55.05%  42.68%  2.28%


Dist     Busby   Triana    Lib  Busby% Triana%   Lib%
=====================================================
SBOE4  104,071  335,587  9,074  23.19%  74.79%  2.02%
SBOE6  389,317  343,673 17,392  51.88%  45.80%  2.32%
SBOE8  218,278  162,376  9,125  56.00%  41.66%  2.34%
						
SD04    55,864   22,402  1,739  69.83%  28.00%  2.17%
SD06    55,719  118,801  4,006  31.21%  66.55%  2.24%
SD07   235,948  169,843  9,532  56.81%  40.89%  2.30%
SD11    77,324   46,265  3,101  61.03%  36.52%  2.45%
SD13    37,498  158,536  3,962  18.75%  79.27%  1.98%
SD15   113,780  192,651  7,220  36.28%  61.42%  2.30%
SD17   120,435  121,393  5,349  48.72%  49.11%  2.16%
SD18    15,098   11,746    682  54.85%  42.67%  2.48%


Dist    Bland    Cheng  Bland%   Cheng%
=======================================
SBOE4  112,465  336,620  25.04%  74.96%
SBOE6  401,946  350,154  53.44%  46.56%
SBOE8  225,783  164,516  57.85%  42.15%
				
SD04    57,378   22,793  71.57%  28.43%
SD06    60,243  118,418  33.72%  66.28%
SD07   243,089  172,941  58.43%  41.57%
SD11    79,757   47,134  62.85%  37.15%
SD13    40,242  160,069  20.09%  79.91%
SD15   119,474  194,619  38.04%  61.96%
SD17   124,299  123,453  50.17%  49.83%
SD18    15,712   11,864  56.98%  43.02%


Dist     BertR  Frizell  BertR% Frizell%
=======================================
SBOE4  107,445  340,670  23.98%  76.02%
SBOE6  392,514  355,217  52.49%  47.51%
SBOE8  221,860  166,900  57.07%  42.93%
				
SD04    56,609   23,176  70.95%  29.05%
SD06    57,800  120,402  32.44%  67.56%
SD07   239,113  175,071  57.73%  42.27%
SD11    78,483   47,818  62.14%  37.86%
SD13    38,419  161,433  19.22%  80.78%
SD15   115,389  197,276  36.90%  63.10%
SD17   120,576  125,566  48.99%  51.01%
SD18    15,430   12,046  56.16%  43.84%


Dist     Yeary  Clinton  Yeary%Clinton%
=======================================
SBOE4  107,727  339,999  24.06%  75.94%
SBOE6  387,309  359,489  51.86%  48.14%
SBOE8  221,725  166,780  57.07%  42.93%
				
SD04    56,405   23,323  70.75%  29.25%
SD06    58,285  119,666  32.75%  67.25%
SD07   238,608  175,225  57.66%  42.34%
SD11    78,085   48,109  61.88%  38.12%
SD13    38,214  161,577  19.13%  80.87%
SD15   114,407  197,949  36.63%  63.37%
SD17   117,277  128,438  47.73%  52.27%
SD18    15,480   11,982  56.37%  43.63%


Dist    Newell    Birm  Newell%   Birm%
=======================================
SBOE4  110,449  336,329  24.72%  75.28%
SBOE6  392,944  352,514  52.71%  47.29%
SBOE8  223,453  164,440  57.61%  42.39%
				
SD04    56,669   22,936  71.19%  28.81%
SD06    59,575  117,944  33.56%  66.44%
SD07   240,463  172,769  58.19%  41.81%
SD11    78,816   47,161  62.56%  37.44%
SD13    39,166  160,126  19.65%  80.35%
SD15   116,700  195,074  37.43%  62.57%
SD17   119,849  125,464  48.86%  51.14%
SD18    15,608   11,810  56.93%  43.07%

To be clear, “Harris” refers to everything that is not the city of Houston. It includes the other cities, like Pasadena and Deer Park and so forth, as well as unincorporated Harris County. There are some municipal results in the 2020 canvass, and maybe I’ll take a closer look at them later – I generally haven’t done that for non-Houston cities in the past, but this year, we’ll see. Please note also that there are some precincts that include a piece of Houston but are not entirely Houston – the boundaries don’t coincide. Basically, I skipped precincts that had ten or fewer votes in them for the highest-turnout 2012 referendum, and added up the rest. So those values are approximate, but close enough for these purposes. I don’t have city of Houston results for most elections, but I do have them for a few. In 2008, Barack Obama got 61.0% in Houston and 39.5% in non-Houston Harris County. In 20122018, Beto reached a new height with 65.4% in Houston; that calculation was done by a reader, and unfortunately he didn’t do the corresponding total for Harris County. Joe Biden’s 64.39% fits in just ahead of Adrian Garcia in 2012, and about a point behind Beto. Not too bad.

SBOE4 is a mostly Black district primarily in Harris County with a piece in Fort Bend as well; Lawrence Allen, son of State Rep. Alma Allen and an unsuccessful candidate for HD26 in the Dem primary this year, is its incumbent. SBOE8 is a heavily Republican district with about half of its voters in Harris County and about a third in Montgomery County. It was won this year by Audrey Young over a Libertarian opponent, succeeding Barbara Cargill. Cargill was unopposed in 2016 and beat a Dem candidate in 2012 by a 71-29 margin, getting about 66% of the vote in Harris County. Like just about everywhere else, that part of the county is a lot less red than it used to be. SBOE6 was of course the focus of attention after Beto carried it in 2018. Biden fell a tad short of Beto’s mark, though Trump also fell short of Ted Cruz. No other Dem managed to win the vote there, with the range being about four to seven points for the Republicans, which does represent an improvement over 2018. Michelle Palmer lost by two points here, getting 47.38% of the vote (there was a Libertarian candidate as well; the victorious Republican got 49.76%), as the Dems won one of the three targeted, Beto-carried seats, in SBOE5. I presume the Republicans will have a plan to make the SBOE a 10-5 split in their favor again, but for now the one gain Dems made in a districted office was there.

I don’t think I’ve ever done a full accounting of State Senate districts in previous precinct analyses. Only three of the eight districts that include a piece of Harris County are entirely within Harris (SDs 06, 07, and 15; 13 extends into Fort Bend), and only SD17 is competitive. Beto and a couple of others carried SD17 in 2018 – I don’t have the full numbers for it now, but Rita Lucido won the Harris County portion of SD17 by a 49.4-48.8 margin in 2018, and every Dem except Kathy Cheng won SD17 this year, with everyone else except Gisela Triana exceeding Lucido’s total or margin or both. An awful lot of HD134 is in SD17, so this is just another illustration of HD134’s Democratic shift.

The other interesting district here is SD07, which Dan Patrick won by a 68.4-31.6 margin in 2012, and Paul Bettencourt won by a 57.8-40.3 margin in 2018. Every Dem had a smaller gap than that this year, with most of them bettering David Romero’s percentage from 2018, and Biden losing by just over ten points. It would be really interesting to see how this district trended over the next decade if we just kept the same lines as we have now, but we will get new lines, so the question becomes “do the Republicans try to shore up SD07”, and if so how? SD17 is clearly the higher priority, and while you could probably leave SD07 close to what it is now, with just a population adjustment, it doesn’t have much spare capacity. If there’s a lesson for Republicans from the 2011 redistricting experience, it’s that they have to think in ten-year terms, and that’s a very hard thing to do. We’ll see how they approach it.

Precinct analysis: Statewide judicial

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016

We’re going to take a look at the seven statewide judicial races in this post, with all of the districts considered so far grouped together. You’re about to have a lot of numbers thrown at you, is what I’m saying. I’m ordering these races in a particular way, which is to put the contests that included a Libertarian candidate first (there were no Green candidates for any statewide judicial position, or indeed any judicial position on the Harris County ballot), and then the contests that were straight up D versus R next. There were three of the former and four of the latter, and we’ll see what we can determine about the effect that a Libertarian may have had on these races as we go.


Dist    Hecht  Meachum    Lib  Hecht% Meachum%   Lib%
=====================================================
CD02  179,887  154,785  7,979  52.50%   45.17%  2.33%
CD07  154,058  149,348  6,725  49.68%   48.16%  2.17%
CD08   25,686   15,145  1,014  61.38%   36.19%  2.42%
CD09   37,479  119,471  3,516  23.36%   74.45%  2.19%
CD10  101,965   60,290  3,917  61.36%   36.28%  2.36%
CD18   58,684  179,178  5,906  24.07%   73.50%  2.42%
CD22   21,575   20,271  1,140  50.19%   47.16%  2.65%
CD29   48,349  101,662  4,049  31.38%   65.99%  2.63%
CD36   82,593   48,435  3,259  61.50%   36.07%  2.43%
						
HD126  38,883   33,427  1,726  52.52%   45.15%  2.33%
HD127  53,978   35,464  2,040  59.00%   38.77%  2.23%
HD128  48,000   22,103  1,606  66.94%   30.82%  2.24%
HD129  47,867   35,292  2,208  56.07%   41.34%  2.59%
HD130  69,884   32,443  2,440  66.70%   30.97%  2.33%
HD131   9,887   44,240  1,236  17.86%   79.91%  2.23%
HD132  50,149   48,527  2,544  49.54%   47.94%  2.51%
HD133  51,732   35,958  1,730  57.85%   40.21%  1.93%
HD134  50,646   56,804  2,018  46.27%   51.89%  1.84%
HD135  36,285   36,987  1,891  48.28%   49.21%  2.52%
HD137  10,333   20,930    827  32.20%   65.22%  2.58%
HD138  31,730   30,982  1,548  49.38%   48.21%  2.41%
HD139  15,475   44,630  1,365  25.17%   72.60%  2.22%
HD140   9,151   21,719    840  28.86%   68.49%  2.65%
HD141   6,824   35,967    981  15.59%   82.17%  2.24%
HD142  13,637   41,662  1,238  24.12%   73.69%  2.19%
HD143  11,821   24,338    938  31.87%   65.61%  2.53%
HD144  13,535   16,631    867  43.61%   53.59%  2.79%
HD145  14,758   26,918  1,255  34.38%   62.70%  2.92%
HD146  11,363   43,152  1,235  20.38%   77.40%  2.22%
HD147  14,973   53,050  1,799  21.44%   75.98%  2.58%
HD148  22,163   36,851  1,701  36.50%   60.70%  2.80%
HD149  21,616   30,814  1,133  40.36%   57.53%  2.12%
HD150  55,585   39,695  2,339  56.94%   40.66%  2.40%
					
CC1    92,529  278,828  8,580  24.35%   73.39%  2.26%
CC2   149,483  145,171  7,746  49.43%   48.01%  2.56%
CC3   228,402  210,197 10,006  50.91%   46.86%  2.23%
CC4   239,862  214,392 11,173  51.54%   46.06%  2.40%
						
JP1    93,898  163,620  6,237  35.60%   62.03%  2.36%
JP2    33,762   49,003  2,174  39.75%   57.69%  2.56%
JP3    51,276   68,138  2,733  41.98%   55.78%  2.24%
JP4   233,213  185,525  9,970  54.40%   43.28%  2.33%
JP5   204,389  214,695  9,945  47.64%   50.04%  2.32%
JP6     7,834   27,042  1,074  21.79%   75.22%  2.99%
JP7    18,495   99,632  2,600  15.32%   82.53%  2.15%
JP8    67,409   40,933  2,772  60.67%   36.84%  2.49%

Dist     Boyd Williams    Lib   Boyd%Williams%   Lib%
=====================================================
CD02  177,810  155,876  7,349  52.14%   45.71%  2.15%
CD07  149,700  152,887  5,923  48.52%   49.56%  1.92%
CD08   25,674   15,116    894  61.59%   36.26%  2.14%
CD09   37,235  120,311  2,810  23.22%   75.03%  1.75%
CD10  101,850   60,145  3,613  61.50%   36.32%  2.18%
CD18   57,552  180,778  5,054  23.65%   74.28%  2.08%
CD22   21,529   20,300  1,030  50.23%   47.36%  2.40%
CD29   48,900  101,209  3,423  31.85%   65.92%  2.23%
CD36   82,368   48,573  2,879  61.55%   36.30%  2.15% 

HD126  38,664   33,525  1,557  52.43%   45.46%  2.11%
HD127  53,700   35,556  1,891  58.92%   39.01%  2.07%
HD128  48,078   22,019  1,431  67.22%   30.78%  2.00%
HD129  47,371   35,620  2,000  55.74%   41.91%  2.35%
HD130  69,697   32,424  2,234  66.79%   31.07%  2.14%
HD131   9,814   44,580    937  17.74%   80.57%  1.69%
HD132  50,168   48,466  2,311  49.70%   48.01%  2.29%
HD133  49,946   37,393  1,520  56.21%   42.08%  1.71%
HD134  47,593   59,069  1,938  43.82%   54.39%  1.78%
HD135  36,215   37,075  1,607  48.35%   49.50%  2.15%
HD137  10,226   21,044    708  31.98%   65.81%  2.21%
HD138  31,413   31,231  1,372  49.07%   48.79%  2.14%
HD139  15,293   44,932  1,208  24.89%   73.14%  1.97%
HD140   9,270   21,715    677  29.28%   68.58%  2.14%
HD141   6,943   36,106    738  15.86%   82.46%  1.69%
HD142  13,649   41,816  1,006  24.17%   74.05%  1.78%
HD143  11,953   24,211    783  32.35%   65.53%  2.12%
HD144  13,712   16,444    757  44.36%   53.19%  2.45%
HD145  14,749   26,907  1,082  34.51%   62.96%  2.53%
HD146  10,957   43,683    985  19.70%   78.53%  1.77%
HD147  14,628   53,564  1,547  20.98%   76.81%  2.22%
HD148  21,551   37,172  1,616  35.72%   61.61%  2.68%
HD149  21,554   30,949    980  40.30%   57.87%  1.83%
HD150  55,473   39,693  2,090  57.04%   40.81%  2.15%
						
CC1    90,441  281,651  7,183  23.85%   74.26%  1.89%
CC2   149,519  144,951  6,793  49.63%   48.11%  2.25%
CC3   224,732  213,022  8,935  50.31%   47.69%  2.00%
CC4   237,926  215,574 10,064  51.33%   46.50%  2.17%
						
JP1    90,471  166,282  5,724  34.47%   63.35%  2.18%
JP2    33,968   48,891  1,877  40.09%   57.70%  2.22%
JP3    51,567   68,134  2,269  42.28%   55.86%  1.86%
JP4   232,446  185,828  8,942  54.41%   43.50%  2.09%
JP5   201,507  217,080  8,748  47.15%   50.80%  2.05%
JP6     7,848   26,989    935  21.94%   75.45%  2.61%
JP7    17,772  100,858  2,001  14.73%   83.61%  1.66%
JP8    67,039   41,136  2,479  60.58%   37.18%  2.24%

Dist    Busby   Triana    Lib  Busby%  Triana%   Lib%
=====================================================
CD02  180,619  152,062  8,019  53.01%   44.63%  2.35%
CD07  154,593  146,826  6,759  50.16%   47.64%  2.19%
CD08   25,758   14,928    955  61.86%   35.85%  2.29%
CD09   37,362  119,463  3,094  23.36%   74.70%  1.93%
CD10  102,251   59,298  3,908  61.80%   35.84%  2.36%
CD18   58,913  178,629  5,394  24.25%   73.53%  2.22%
CD22   21,575   20,090  1,118  50.43%   46.96%  2.61%
CD29   47,694  102,644  3,275  31.05%   66.82%  2.13%
CD36   82,901   47,695  3,069  62.02%   35.68%  2.30%

HD126  38,980   33,040  1,658  52.91%   44.84%  2.25%
HD127  54,112   34,934  2,025  59.42%   38.36%  2.22%
HD128  48,180   21,765  1,477  67.46%   30.47%  2.07%
HD129  47,955   34,683  2,230  56.51%   40.87%  2.63%
HD130  70,019   31,790  2,447  67.16%   30.49%  2.35%
HD131   9,827   44,382  1,012  17.80%   80.37%  1.83%
HD132  50,189   48,200  2,493  49.75%   47.78%  2.47%
HD133  51,870   35,055  1,814  58.45%   39.50%  2.04%
HD134  51,239   55,036  2,250  47.21%   50.71%  2.07%
HD135  36,361   36,664  1,790  48.60%   49.01%  2.39%
HD137  10,325   20,780    812  32.35%   65.11%  2.54%
HD138  31,761   30,656  1,497  49.69%   47.96%  2.34%
HD139  15,489   44,606  1,222  25.26%   72.75%  1.99%
HD140   8,987   21,995    659  28.40%   69.51%  2.08%
HD141   6,791   36,116    798  15.54%   82.64%  1.83%
HD142  13,605   41,732  1,042  24.13%   74.02%  1.85%
HD143  11,665   24,588    733  31.54%   66.48%  1.98%
HD144  13,471   16,721    744  43.54%   54.05%  2.40%
HD145  14,593   27,092  1,061  34.14%   63.38%  2.48%
HD146  11,412   42,928  1,129  20.57%   77.39%  2.04%
HD147  15,183   52,758  1,661  21.81%   75.80%  2.39%
HD148  22,402   36,229  1,688  37.14%   60.06%  2.80%
HD149  21,574   30,729  1,065  40.42%   57.58%  2.00%
HD150  55,675   39,155  2,284  57.33%   40.32%  2.35%
						
CC1    92,822  277,923  7,778  24.52%   73.42%  2.05%
CC2   149,446  144,793  6,922  49.62%   48.08%  2.30%
CC3   228,849  207,334  9,987  51.29%   46.47%  2.24%
CC4   240,549  211,588 10,904  51.95%   45.70%  2.35%
						
JP1    94,735  161,383  6,127  36.12%   61.54%  2.34%
JP2    33,518   49,255  1,882  39.59%   58.18%  2.22%
JP3    51,327   68,119  2,341  42.14%   55.93%  1.92%
JP4   233,635  183,442  9,668  54.75%   42.99%  2.27%
JP5   204,626  212,437  9,722  47.95%   49.78%  2.28%
JP6     7,711   27,250    875  21.52%   76.04%  2.44%
JP7    18,508   99,518  2,270  15.39%   82.73%  1.89%
JP8    67,606   40,234  2,706  61.16%   36.40%  2.45%

Dist    Bland    Cheng  Bland%   Cheng%
=======================================
CD02  186,706  154,725  54.68%   45.32%
CD07  159,574  149,326  51.66%   48.34%
CD08   26,540   15,186  63.61%   36.39%
CD09   39,465  120,736  24.63%   75.37%
CD10  105,349   60,323  63.59%   36.41%
CD18   62,985  180,105  25.91%   74.09%
CD22   22,415   20,441  52.30%   47.70%
CD29   51,670  102,080  33.61%   66.39%
CD36   85,490   48,367  63.87%   36.13%

HD126  40,209   33,586  54.49%   45.51%
HD127  55,788   35,414  61.17%   38.83%
HD128  49,423   22,087  69.11%   30.89%
HD129  49,640   35,394  58.38%   41.62%
HD130  71,946   32,493  68.89%   31.11%
HD131  10,622   44,674  19.21%   80.79%
HD132  52,183   48,781  51.68%   48.32%
HD133  53,308   35,720  59.88%   40.12%
HD134  52,985   55,899  48.66%   51.34%
HD135  37,544   37,368  50.12%   49.88%
HD137  10,776   21,212  33.69%   66.31%
HD138  32,815   31,243  51.23%   48.77%
HD139  16,488   44,881  26.87%   73.13%
HD140   9,808   21,860  30.97%   69.03%
HD141   7,537   36,159  17.25%   82.75%
HD142  14,573   41,837  25.83%   74.17%
HD143  12,622   24,375  34.12%   65.88%
HD144  14,320   16,647  46.24%   53.76%
HD145  15,721   27,079  36.73%   63.27%
HD146  12,136   43,482  21.82%   78.18%
HD147  16,299   53,306  23.42%   76.58%
HD148  23,760   36,701  39.30%   60.70%
HD149  22,218   31,229  41.57%   58.43%
HD150  57,472   39,861  59.05%   40.95%
				
CC1    98,928  280,012  26.11%   73.89%
CC2   156,101  145,437  51.77%   48.23%
CC3   236,143  210,982  52.81%   47.19%
CC4   249,022  214,861  53.68%   46.32%
				
JP1    99,802  162,942  37.98%   62.02%
JP2    35,454   49,274  41.84%   58.16%
JP3    53,615   68,275  43.99%   56.01%
JP4   241,226  186,223  56.43%   43.57%
JP5   211,577  216,054  49.48%   50.52%
JP6     8,598   27,274  23.97%   76.03%
JP7    20,093  100,384  16.68%   83.32%
JP8    69,829   40,866  63.08%   36.92%

Dist    BertR  Frizell  BertR% Frizell%
=======================================
CD02  182,683  156,878  53.80%   46.20%
CD07  154,962  152,062  50.47%   49.53%
CD08   26,171   15,356  63.02%   36.98%
CD09   38,285  121,530  23.96%   76.04%
CD10  103,856   61,112  62.96%   37.04%
CD18   60,147  182,281  24.81%   75.19%
CD22   22,094   20,602  51.75%   48.25%
CD29   49,588  103,742  32.34%   67.66%
CD36   84,033   49,223  63.06%   36.94%
				
HD126  39,527   33,961  53.79%   46.21%
HD127  54,907   35,913  60.46%   39.54%
HD128  48,755   22,498  68.43%   31.57%
HD129  48,845   35,746  57.74%   42.26%
HD130  71,099   32,881  68.38%   31.62%
HD131  10,143   45,055  18.38%   81.62%
HD132  51,129   49,476  50.82%   49.18%
HD133  51,832   36,580  58.63%   41.37%
HD134  50,395   57,371  46.76%   53.24%
HD135  36,941   37,669  49.51%   50.49%
HD137  10,540   21,336  33.07%   66.93%
HD138  32,162   31,590  50.45%   49.55%
HD139  15,861   45,360  25.91%   74.09%
HD140   9,330   22,296  29.50%   70.50%
HD141   7,087   36,609  16.22%   83.78%
HD142  14,019   42,335  24.88%   75.12%
HD143  12,089   24,821  32.75%   67.25%
HD144  13,871   17,022  44.90%   55.10%
HD145  15,087   27,539  35.39%   64.61%
HD146  11,553   43,886  20.84%   79.16%
HD147  15,480   53,890  22.32%   77.68%
HD148  22,624   37,382  37.70%   62.30%
HD149  21,970   31,301  41.24%   58.76%
HD150  56,572   40,268  58.42%   41.58%
				
CC1    94,471  283,329  25.01%   74.99%
CC2   152,430  147,946  50.75%   49.25%
CC3   231,007  213,789  51.94%   48.06%
CC4   243,911  217,725  52.84%   47.16%
				
JP1    94,825  166,188  36.33%   63.67%
JP2    34,572   49,950  40.90%   59.10%
JP3    52,322   69,282  43.03%   56.97%
JP4   237,425  188,270  55.77%   44.23%
JP5   207,011  218,653  48.63%   51.37%
JP6     8,115   27,625  22.71%   77.29%
JP7    18,911  101,267  15.74%   84.26%
JP8    68,638   41,554  62.29%   37.71%

Dist    Yeary  Clinton  Yeary% Clinton%
=======================================
CD02  181,198  157,995  53.42%   46.58%
CD07  151,549  154,946  49.45%   50.55%
CD08   26,274   15,252  63.27%   36.73%
CD09   38,213  121,550  23.92%   76.08%
CD10  103,978   60,908  63.06%   36.94%
CD18   59,656  182,560  24.63%   75.37%
CD22   21,975   20,676  51.52%   48.48%
CD29   50,071  103,069  32.70%   67.30%
CD36   83,847   49,311  62.97%   37.03%

HD126  39,406   34,008  53.68%   46.32%
HD127  54,799   35,974  60.37%   39.63%
HD128  48,866   22,330  68.64%   31.36%
HD129  48,336   36,186  57.19%   42.81%
HD130  71,143   32,784  68.45%   31.55%
HD131  10,107   45,059  18.32%   81.68%
HD132  51,349   49,189  51.07%   48.93%
HD133  50,252   37,973  56.96%   43.04%
HD134  47,809   59,740  44.45%   55.55%
HD135  36,998   37,557  49.63%   50.37%
HD137  10,513   21,328  33.02%   66.98%
HD138  31,954   31,731  50.18%   49.82%
HD139  15,775   45,409  25.78%   74.22%
HD140   9,482   22,099  30.02%   69.98%
HD141   7,189   36,455  16.47%   83.53%
HD142  14,134   42,173  25.10%   74.90%
HD143  12,173   24,673  33.04%   66.96%
HD144  13,989   16,866  45.34%   54.66%
HD145  15,119   27,441  35.52%   64.48%
HD146  11,410   43,976  20.60%   79.40%
HD147  15,255   54,067  22.01%   77.99%
HD148  22,154   37,759  36.98%   63.02%
HD149  21,889   31,344  41.12%   58.88%
HD150  56,659   40,145  58.53%   41.47%
				
CC1    93,178  284,268  24.69%   75.31%
CC2   152,526  147,534  50.83%   49.17%
CC3   228,374  215,887  51.41%   48.59%
CC4   242,683  218,581  52.61%   47.39%
				
JP1    92,164  168,445  35.36%   64.64%
JP2    34,638   49,779  41.03%   58.97%
JP3    52,563   68,943  43.26%   56.74%
JP4   237,318  188,099  55.78%   44.22%
JP5   205,042  220,128  48.23%   51.77%
JP6     8,132   27,549  22.79%   77.21%
JP7    18,576  101,549  15.46%   84.54%
JP8    68,328   41,778  62.06%   37.94%

Dist   Newell    Birm  Newell%    Birm%
=======================================
CD02  183,283  155,303  54.13%   45.87%
CD07  154,445  151,554  50.47%   49.53%
CD08   26,375   15,075  63.63%   36.37%
CD09   39,055  120,306  24.51%   75.49%
CD10  104,616   60,043  63.53%   36.47%
CD18   61,174  180,645  25.30%   74.70%
CD22   22,249   20,322  52.26%   47.74%
CD29   51,148  101,583  33.49%   66.51%
CD36   84,501   48,451  63.56%   36.44%

HD126  39,784   33,498  54.29%   45.71%
HD127  55,127   35,497  60.83%   39.17%
HD128  49,062   22,055  68.99%   31.01%
HD129  48,920   35,437  57.99%   42.01%
HD130  71,414   32,353  68.82%   31.18%
HD131  10,424   44,586  18.95%   81.05%
HD132  51,878   48,536  51.66%   48.34%
HD133  51,273   36,800  58.22%   41.78%
HD134  49,412   57,931  46.03%   53.97%
HD135  37,337   37,104  50.16%   49.84%
HD137  10,697   21,067  33.68%   66.32%
HD138  32,371   31,165  50.95%   49.05%
HD139  16,204   44,873  26.53%   73.47%
HD140   9,722   21,767  30.87%   69.13%
HD141   7,342   36,259  16.84%   83.16%
HD142  14,466   41,754  25.73%   74.27%
HD143  12,491   24,246  34.00%   66.00%
HD144  14,227   16,561  46.21%   53.79%
HD145  15,377   27,059  36.24%   63.76%
HD146  11,707   43,563  21.18%   78.82%
HD147  15,713   53,487  22.71%   77.29%
HD148  22,748   37,026  38.06%   61.94%
HD149  22,175   30,953  41.74%   58.26%
HD150  56,974   39,704  58.93%   41.07%
				
CC1    95,668  281,099  25.39%   74.61%
CC2   154,203  145,222  51.50%   48.50%
CC3   231,571  211,887  52.22%   47.78%
CC4   245,404  215,077  53.29%   46.71%
				
JP1    94,960  165,091  36.52%   63.48%
JP2    35,233   48,975  41.84%   58.16%
JP3    53,108   68,215  43.77%   56.23%
JP4   238,952  185,854  56.25%   43.75%
JP5   208,027  216,365  49.02%   50.98%
JP6     8,409   27,151  23.65%   76.35%
JP7    19,213  100,651  16.03%   83.97%
JP8    68,944   40,983  62.72%   37.28%

Another word about the order in which these races appeared. On the Harris County election returns page, they appeared in the order you’d expect: first was the Supreme Court Chief Justice race, then Places 6, 7, and 8, followed by Court of Criminal Appeals Places 3, 4, and 9. In other words, the order a random person off the streets might have put them in if they had been tasked with it. For whatever the reason, on the Secretary of State election returns page, the order is different: Chief Justice, then Supreme Court Places 8, 6, and 7, followed by CCA Places 4, 9, and 3. I have no idea why they did it this way.

What difference does it make? The answer is in the total number of votes cast. The generally accepted wisdom is that the farther down the ballot, the more likely it is that a voter will skip the race, presumably because they thought “well, that’s all the voting I have in me, I’m going to call it quits now”. This was the underpinning of the many breathless articles about the effect of not having straight ticket voting, which came with the implicit assumption that Democratic voters would have less endurance in them, thus giving Republican candidates farther down the ballot an advantage. You know how I felt about that.

That said, the dropoff effect was there, albeit in a small amount. Here are the turnout totals for each race, going by the order on the Harris County ballot, which I’m taking as the proper order for elsewhere in the state. (You can check other county election sites to check this, I’ve already spent too much time on it.)


Position      Statewide     Harris
==================================
President    11,315,056  1,640,818
Senate       11,144,040  1,614,525
RRC          11,000,982  1,594,345
SC Chief     10,997,978  1,596,369
SC Place 6   10,954,061  1,591,486
SC Place 7   10,961,811  1,590,486
SC Place 8   10,948,768  1,588,895
CCA Place 3  10,918,384  1,584,608
CCA Place 4  10,898,223  1,583,031
CCA Place 9  10,879,051  1,580,131

I included the other statewide races here for comparison. There is some dropoff, but it’s pretty small – at both the statewide and Harris County level, the last race still got more than 96% of the vote total of the Presidential race. The dropoff among just the state offices is much more minimal, which I can understand – if all you care about is who’s running the country, you’ll probably stop after President, Senate, and Congress, which will be the third race on your ballot. Note also that with one exception in each column, the totals comport with their order on the ballot. Someday I might like to meet the person who decides to get off the bus after voting in three of the four Supreme Court races, or one of the three CCA races. Today is not that day, however.

The other thing to talk about here is how the candidates in races with a Libertarian candidate did versus the ones in races without a Libertarian. My eyeball sense of it is that the Republican candidates in two-person races picked up more of the erstwhile Libertarian voters in the redder districts, and the effect was more diffuse in the Dem districts, but I can’t say that with any level of rigor. There are too many factors to consider, including the gender and race of the candidates and their campaign finances and tenure in office and who knows what else. Maybe someone with a PhD can create a viable model for this.

Beyond that, what we see in these numbers is what we’ve been seeing all along. CD07 was a slightly tougher environment than it was in 2018, with three of the seven Democratic candidates carrying it. CD02 is basically a seven- or eight-point Republican district. HD135 leaned slightly Democratic, while HDs 132 and 138 leaned slightly more Republican, and HD134 completed its journey to becoming a Democratic district. Commissioner Precincts 2, 3, and 4 were all slightly to slightly-more-than-slightly red, but it won’t take much in redistricting to flip that around, at least for precincts 2 and 3. Everyone carried Constable/JP precinct 5, while precinct 4 remains a bit of a stretch. Lather, rinse, repeat.

If you’re wondering why I haven’t included SBOE and State Senate districts in these reports before now, wonder no more. I’ll be delving into those next. Let me know what you think.

2020 precinct analysis: Introduction and overview

So I finally got a full canvass of the 2020 election in a nice and convenient spreadsheet form. I spent a fair amount of the Thanksgiving week doing what I usually do with it, to generate totals for all of the political districts. I also managed to find the spreadsheets I had done in 2012 and 2016, and generated some year-over-year comparisons. I also used the city proposition data from 2012 to separate out city of Houston returns from non-Houston Harris County for 2020.

There’s a lot of data here, is what I’m saying. Generating it is actually the easy part. I’ve been doing this for a long time – in this format, since at least 2008 – and it’s just a matter of lining everything up and applying the same Excel formulas as before. (I make heavy use of the “sumif” function, if you’re curious.) The challenge for me is in how to present what I generate. Well, the first challenge is in trying to figure out what it means, what is interesting or notable, what will make for a readable blog post, and then I have to figure out how to present it.

Again, the challenge here is not technical – I’ve done this before, many times – but philosophical. What pieces belong together? What comparisons do I want to make? What’s worth my time and effort, and yours?

You can judge for yourself how well I answer those questions. Here’s a list of the topics I intend to cover, in something approximating the order in which I’ll present them:

– Results by Congressional district, for President, Senate, and Railroad Commissioner. I’m using those three races in part because they’re the top of the ticket, in part because they’re the races most affected by the presence of third-party candidates, and in part because they offer some interesting points of comparison with 2012 and 2016. I will do separate posts on the judicial races, separating out the statewide, appellate, and district/county court races. I’ve often used the averages of local judicial races to measure partisan levels in various districts, but I want to see what differences exist when we look at the other types of judicial races.

I’ve always done Congressional district results in the past, but they were more ornamentation than substance. In part that’s because there wasn’t much to say about the Congressional districts before 2016, as none of them were drawn to be competitive, and in part because only some of them are fully within Harris County. With CDs 02 and 07 becoming multi-million dollar battlegrounds (also true for CDs 10 and 22, though as noted we only have partial data for these), and with redistricting on the horizon, I wanted to take a closer look at these districts.

– Results by State Rep districts, by Commissioners Court precincts, and by JP/Constable precincts. Same as above in terms of format and intent. The State Rep districts are my main currency in these analyses, because they are entirely contained within Harris County (something I hope will still be true post-redistricting) and because there have been some massive changes in them over time. I already know I’ll have a lot to say here.

– Judicial races as noted above, by type (state, appellate, local), and for all district types. While I use the local judicial averages as my overall expression for a given district’s partisan numbers, there’s some real variance in these races, and I want to examine that in some detail.

– Comparisons with 2012 and 2016. I’ve talked about this some before, but if the only point of comparison we emphasize this year is with 2018, we’re missing a lot of the forest for the trees. I can’t stress enough how much things have changed since 2012, but I’m going to try to show you. I will focus most of this on the State Rep districts, but will include some Congressional comparisons to highlight where the redistricting challenges will be.

– Whatever else comes up along the way. I’ve got city/county numbers, which will get its own post. I’ve looked at undervoting and third-party voting in the past, and may do something on that. I always find things I didn’t notice at first when I really dig into the data. If there’s something you’d like me to try to analyze, please let me know.

That’s what I’ve got so far. This will be several weeks’ worth of posts, so sit back and relax, it’s going to take some time. Let me know what you think.

Why can’t we get our jail population down?

I found this story from Thanksgiving weekend frustrating.

Harris County’s efforts to reduce its jail population have flatlined, despite more than $7.5 million aimed at alleviating systemic burdens so that the county could attempt to reduce its inmates by a targeted 21 percent.

Even after creating programs to lessen the population and reduce racial disparities in jail, criminal caseloads mounted and the facility returned nearly to capacity, county officials said. When Harris County in 2016 joined the nationwide Safety and Justice Challenge – meant to help retool the use of lockups – more than 8,789 people were in jail. On Nov. 23, that number was 8,724 — a decrease of less than 1 percent. To meet the program’s goal, the population would need to have fallen under 7,000.

County leaders next week will reapply for a final round of funding from the MacArthur Foundation to sustain progress made in the challenge overseen by the nonprofit Justice Management Institute. It remains to be seen whether how much the county will receive given the struggle to reduce the jail population.

Even if the county receives the full amount, achieving its goal remains distant, said Thomas Eberly, Harris County’s site coordinator for the challenge and program director of the Justice Management Institute, which works with localities to improve justice systems.

“I do think that the odds are not in Harris County’s favor because of past performance,” said Eberly. “We’re five years into this and the change that was expected hasn’t been achieved, and it’s quite honestly not even close.”

Some county leaders remain positive, however, citing implementation of a series of programs as part of the challenge. They include hiring a “fairness administrator” to address racial inequities and a community engagement outreach coordinator, as well as creating a cite-and-release program and a Reintegration Impact Court to divert those who have low-level cases from jail.

The MacArthur Foundation could award up to $660,000 for one year of sustainability and $500,000 for a second year.

The foundation has already provided $4.25 million to the county since 2015, and county commissioners in 2016 allocated more than $3.3 million from general fund reserves to help pay for reforms.

“We remain optimistic that we’re going to have some breakthroughs,” said Jim Bethke, Harris County’s director of justice administration.

It’s a long story that goes in a number of directions, so go read the whole thing. The main explanations cited are the damage to the courts caused by Hurricane Harvey in 2017, as well as the coronavirus pandemic, as both have contributed to long delays in resolving cases. The changeover in the courts due to the 2018 election plus the effort put into the bail reform program was also cited, though it’s not clear to me why that would contribute to the problem – the whole point of bail reform was to have fewer people rotting in jail while they wait for their trials. I needed more information to understand what that had to do with it.

Later in the story, the HPD cite and release program was listed as a potential mitigating factor going forward. It’s only been in effect since September – the Harris County Sheriff’s Office has had a similar policy since February. Diversion programs by the DA’s Office were also cited. I would have liked to know more about how much these could help, or more to the point could have helped if they had been in place longer. Not to put too fine a point on it, but one simple way to have fewer people in jail is to out fewer of them in jail in the first place. It’s very much in our power to arrest fewer people for minor non-violent offenses, with marijuana possession being at the top of that list. Circumstance can explain some of this problem, but our choices are a big part of it as well. There’s plenty we can do to change that.

A closer look at county races, Part 2

Part One is here. As before, this is about taking a closer look at the counties where Democrats made gains from 2016.

Collin County: Our reach may have exceeded our grasp, but it’s important to note that progress was made. A quick recap, comparing 2016:


CD03: 61.2% - 34.6%
Statewides: GOP 59-62%, Dem 32-35%
HD33: 62.6% - 34.1%
HD66: 57.4% - 38.7%
HD67: 56.6% - 39.7%
HD70: 67.1% - 28.5%
HD89: 63.5% - 32.7%

No candidates for District Court, Commissioner’s Court, countywide offices, or Constable. One candidate for Justice of the Peace.

To 2020:


CD03: 55.1% - 42.9%
Statewides: GOP 54-57%, Dem 42-44%
HD33: 59.0% - 41.0%
HD66: 49.6% - 48.9%
HD67: 51.7% - 48.3%
HD70: 61.8% - 38.2%
HD89: 59.4% - 38.5%

Candidates for seven of nine District Court benches (all in the 42-44% range), County Tax Assessor (41%), and both Commissioners Court seats (41% and 39%).

Still no candidates for any of the four Constable races. Hard to say how competitive any of them might have been, at least until a full canvass is available, but in Constable Precinct 3, the unopposed Republican got 115K votes, with 88K undervotes. Given that unopposed candidates always get more votes than candidates with major party opponents, this was probably not far from a 50-50 race. I’d be eyeing this office in 2024 if I’m a Collin County Democrat. Overall, a shift of about six or seven points down for the GOP and up for the Dems.

Denton County: Same basic story as Collin, except that we held the one State Rep race we won in 2018. Here’s the same presentation, for 2016:


CD24: 53.7% - 42.0%
CD26: 65.2% - 30.7%
Statewides: GOP 60-62%, Dem 32-34%
HD63: No Dem
HD64: 61.6% - 38.4%
HD65: 56.3% - 43.7%
HD106: No Dem

One candidate for District Court (36.3%), no candidates for any county race.

And 2020


CD24: 45.9% - 50.4%
CD26: 59.5% - 38.4%
Statewides: GOP 55-58%, Dem 40-43%
HD63: 67.4% - 32.6%
HD64: 54.9% - 45.1%
HD65: 48.5% - 51.5%
HD106: 58.5% - 41.5%

Still just one candidate for District Court, getting 42.6%. Both County Commissioner races were challenged, but still no candidates for any of the six Constable spots. Here I can’t say which if any may have been competitive, as the election night returns don’t tell me the undervotes. No matter how you look at it, you want to get some Dem candidates in these races, to help with downballot turnout.

Hays County: Like Williamson, a flip to Dems, with some downballot success as well. The big prize here was HD45, where Rep. Erin Zwiener knocked off incumbent Jason Isaac in 2018, two years after Isaac had been unopposed for re-election. Rep. Zwiener easily held on against Carrie Isaac, winning with 53.3% of the vote. In 2016, Lamar Smith took the CD21 portion of Hays 53-39, Roger Williams won the CD25 portion of Hays 60-35, and statewide Republicans won with 47-49% over Dems with scores in the 40-44% range. Rebecca Bell-Metereau lost in SBOE5 49-46. There was one District Court race, with an unopposed Republican, the Democratic candidate for Sheriff lost by 13 points, and there was no Dem running for Tax Assessor. There were a mix of Dem and GOP winners, some unopposed, for Commissioners Court, Justice of the Peace, and Constable.

In 2020, Wendy Davis took the CD21 piece 49-46, while Julie Oliver held Roger Williams to a 57-41 edge. (There’s also a piece of CD35 in Hays County. Pound for pound, Hays is at least as sliced up at the Congressional level as Travis County is.) Statewide Dems were now universal winners in Hays, ranging from Chrysta Castaneda’s 49.8% to Elizabeth Frizell’s 53.1%. Rebecca Bell-Metereau won in SBOE5 50.5% to 44.8%. Hays County now had a second District Court seat, won by a Democrat, and a new County Court at Law seat, also won by a Dem. The same Republican judge who was unopposed in 2016 was unopposed in 2020 as well. Dems now had challengers for both Sheriff and Tax Assessor, and while they both lost it was 51-49 in each. Dems had a challenger for Commissioners Court in Precinct 3, losing 52-48 after not contesting the position in 2016. The Dem Constable who won Precinct 2 by 110 votes in 2016 was re-elected by 2,500 votes in 2020. I’d say Hays is a bit like Harris County in 2012, where Dems are the majority but they do better at the top of the ticket, and aren’t quite able to knock out Republican countywide officeholders. There are definitely opportunities here going forward.

Brazoria County: This is more a story of stasis than progress. Trump carried Brazoria County by 29K votes in 2016, and he carried it by 28K votes in 2020. I’d rather go this direction than the other one, but we’re not getting anywhere at that rate. If we pull the curtain back a little farther, here’s the margin of victory in Brazoria County for the Republican Presidential candidate in each election since 2004: 34,758 (04), 29,035 (08), 36,441 (12), 29,591 (16), 28,159 (20). The long-term arc is fine, it’s just slow.

Republican statewides won the county with leads in the 30-34K range in 2016, and roughly the same in 2020. The percentages are closer, because that’s how ratios work, but the absolute difference in votes is more or less the same. That’s why I always aim to report both figures in posts like this, because you need both dimensions to understand what is really happening. For what it’s worth, Sri Kulkarni lost the CD22 portion of Brazoria by 6K votes after Mark Gibson lost it by 14K in 2016, but in the end that didn’t amount to much. I see Brazoria as being similar to Fort Bend twenty years ago, with a lot of work needed to move it in the same direction that Fort Bend has gone.

That’s all I’ve got for this exercise. There are some opportunities out there, but nothing can be taken for granted. Broadly speaking, the key is to run candidates in these downballot races – for one, there’s winnable contests out there, and for two, this is a key component to building a bench of future candidates. And not to put too fine a point on it, but as we have seen in Harris County, having a good county government is a big win on its own.

A closer look at county races, Part 1

In this series of entries, I’m going to take a trip through the local election results pages on some counties of interest, to get a closer look at how they went this year and how that compares to 2016. We know Dems didn’t make the kind of gains they hoped for in Congress or the Lege, but there are other races on the ballot. How did things look there?

Harris County: We know the basic story of Harris County, where Republicans have claimed to get their mojo back. I’m not going to re-litigate that, but I will note that while things were mostly at stasis at the countywide and legislative levels, Dems flipped JP Precinct 5, long held by Republicans, though Constable Precinct 5 remained Republican. Beto carried all eight JP/Constable precincts in 2018, and while Biden only carried six in 2020, there still remain opportunities for Dems to win offices currently held by Republicans in Harris County.

Tarrant County: At a macro level, Dems were far more competitive in judicial races in 2020 than they were in 2016. None of the statewide judicial candidates got as much as 41% of the vote in 2016, while the range for statewide judicials in 2020 was 46.13% to 47.91%. In 2016, Dems fielded only one candidate for a district court bench; he lost by 15 points. In 2020, Dems challenged in 9 of 11 district court plus one county court race, with all candidates getting between 46 and 48 percent. This is basically where Harris County Democrats were in 2004, with more candidates in these races.

A little farther down the ballot, and Democrats flipped two Constable offices, in Precincts 2 and 7. Neither Republican incumbent had been challenged in 2016.

Fort Bend County: We know the topline, that Hillary Clinton won Fort Bend County in 2016, by a 51-45 margin. But there was no downballot effect – none of the statewide Democratic candidates won a plurality (all statewide candidates were below fifty percent). None of the Courts of Appeals candidates won, and none of the countywide candidates won, though most were around 48 or 49 percent. State Rep. Phil Stephenson won the Fort Bend part of HD85 by six points. Republicans won back County Commissioner Precinct 1 by finally running an untainted candidate against two-term incumbent Richard Morrison. Fort Bend was on the precipice, but it seemed like it had been there before.

As we know, Democrats broke through in a big way in 2018, and 2020 was more of the same. It’s not just that Biden carried Fort Bend by over ten points. It’s that every statewide Dem took a majority in Fort Bend, as did every Courts of Appeals candidates and every countywide candidate. Dems did not win back CC1, though challenger Jennifer Cantu did a smidge better than Morrison had done, but they did win the Constable race in Precinct 4; this was an open seat, as previous incumbent Trever Nehls ran unsuccessfully for Sheriff. Nehls had been unopposed in 2016.

Bexar County: Bexar is reliably blue at this point, and Biden’s 58-40 win is almost exactly in line with the October countywide poll we got. The big difference I see between Bexar 2020 and Bexar 2016 is in the legislative races. Phillip Cortez won HD117 back in 2016 by two and half points after having been swept out in the 2014 debacle. He won in 2020 by over 13 points. Tomas Uresti won HD118 in 2016 by ten points; Leo Pacheco won it in 2020 by seventeen. Rebecca Bell-Metereau lost the Bexar portion of SBOE5 in 2016 by 42K votes; she lost it by 24K votes in 2020, which is to say by 18K fewer votes. She won the district by 17K total votes, mostly boosted by Travis County, but she needed it to be closer in Bexar and it was. By the same token, Sen. Carlos Uresti won the Bexar portion of SD19 over challenger Pete Flores in 2016 by 34K votes. Incumbent Pete Flores lost the Bexar portion of SD19 to Roland Gutierrez by 33K votes, and he needed that margin to be as good as it was considering how the rest of the district went for Flores by 23K; Uresti had won the rest of the district by 3K in 2016. However you feel about the 2020 election in Texas, you would feel much worse about it if Rebecca Bell-Metereau had lost and Pete Flores had hung on. So thank you, Bexar County.

Williamson County: WilCo made news in 2018 when Beto carried the county, with MJ Hegar doing the same in CD31. I’ll get to the 2020 results in a minute, but first let’s remind ourselves where things were in 2016. Trump won WilCo by nine points over Hillary Clinton, John Carter beat Mike Clark in CD31 by 19 points, other statewide Republicans led by 16 to 19 points, and Tom Maynard led in SBOE10 by 16 points. State Rep. Larry Gonzalez had only a Libertarian opponent in HD52, Rep. Tony Dale won HD136 by eleven points. Republicans running for countywide office were all unopposed. The one Democratic victory was for County Commissioner, Precinct 1, which Terry Cook took with 51%.

Fast forward to 2020. Biden won Williamson County by about a point and a half – more than ten points better than Clinton in 2016. As with Tarrant County, his win was a solo at the county level, but the Democratic tide was much higher. Hegar lost to John Cornyn by three points, Donna Imam by five in CD31, and the other statewide Dems trailed by three to seven points. Tom Maynard carried WilCo in SBOE10 again, but only by four points. Dems had flipped HDs 52 and 136 in the 2018 wave, and both freshmen Reps were easily re-elected, James Talarico by three points in HD52, and John Bucy by 10 in HD136. Dems lost the two District Court races they challenged, and they lost for County Attorney, but they did oust the scandal-tainted Sheriff, by a massive 12 points. Terry Cook was re-elected as County Commissioner in Precinct 1 with over 57%, and Dems won Constable Precinct 1, while coming close in Precincts 3 (losing by five) and 4 (losing by two). It’s not at all hard to see Williamson as the next Fort Bend.

The point of all this is twofold. One is a reminder that there are more races than just the state races, and there’s more ways to measure partisan strength than just wins and losses. The other is that these much less visible races that Dems are winning is exactly what Republicans were doing in the 80s and 90s and into the aughts. Every election it seemed like I was reading about this or that traditionally Democratic county that had gone all Republican. There is a trend here, and we’d be foolish to ignore it. To be sure, this is happening in fewer counties than with the Republican march of the previous decades, but there’s a lot more people in these counties. I’ll take population over land mass any day.

I’ll be back with a look at more counties next time. Let me know what you think.

UPDATE: While I was drafting this, I received a press release from the TDP congratulating three Democratic Sheriffs-elect, all of whom had won offices previously held by Republicans: Eric Fagan in Fort Bend, Mike Gleason in Williamson – both of which were mentioned in this post – and Joe Lopez of Falls County, which is adjacent to McLennan and Coryell counties to the east; basically, it’s east of Waco. Falls was Republican at the Presidential level, with Trump carrying it 4,177 to 1,899, so I assume there was some reason particular to that race that assisted Lopez in his victory.

Harris County posts updated election results

From Twitter:

You want to get my attention on Twitter, that’s a good way to do it. For comparison purposes, the unofficial final election night returns that the Clerk’s office sent out are here. The still-unofficial (because they haven’t yet been certified by Commissioners Court) results are here, though that URL may be temporary. A couple of highlights:

– Final turnout is now given as 1,656,686, an increase of 7,113 over the originally given total of 1,649,573. Turnout was 68.14% as a percentage of registered voters.

– Joe Biden’s lead over Donald Trump grew from 212,152 total votes to 217,563 total votes. The final score is now 918,193 to 700,630 for Biden.

– A couple of the close races changed by tiny amounts. Lizzie Fletcher’s margin of victory grew from 10,217 to 10,475 total votes. Jon Rosenthal lost 17 votes off his lead to Justin Ray to finish exactly 300 votes ahead, while Gina Calanni fell an additional 59 votes behind Mike Schofield.

– The two appellate court races cited by Adams-Hurta were of great interest to me. Amparo Guerra is leading on the SOS election night results page over Terry Adams by 1,367 votes out of 2.3 million votes cast. Meanwhile, Jane Robinson trailed Tracy Christopher by 4,311 votes. Could either of these races be affected? I had to check the other county election results pages as well, to see what final results were now in. This is what I got:


County       TC EN      JR EN      TC fin     JR fin   Change
=============================================================
Austin      11,440      2,680      11,606      2,698     -148
Brazoria    91,378     57,684      91,378     57,684        0
Chambers    17,200      3,720      17,200      3,720        0
Colorado     7,351      2,281       7,351      2,281        0
Fort Bend  161,423    176,466     161,532    176,662       87
Galveston   94,759     54,178      95,355     54,623     -151
Grimes       9,305      2,647       9,318      2,650     - 10
Harris     734,315    838,895     733,878    841,923    3,465
Waller      14,245      7,501      14,302      7,556     -  2
Washington  12,852      3,905      12,852      3,905        0

Total    1,154,268  1,149,957   1,154,772  1,153,702

County       TA EN      AG EN      TA fin     AG fin   Change
=============================================================
Austin      11,468      2,632      11,632      2,649     -147
Brazoria    91,430     57,174      91,430     57,174        0
Chambers    17,180      3,656      17,180      3,656        0
Colorado     7,393      2,217       7,393      2,217        0
Fort Bend  162,238    175,460     162,338    175,664      104
Galveston   95,057     53,375      95,643     53,820     -151
Grimes       9,351      2,570       9,364      2,572     - 11
Harris     728,402    842,905     727,952    845,951    3,496
Waller      14,303      7,459      14,364      7,508     - 12
Washington  13,043      3,784      13,043      3,784        0

Total    1,149,865  1,151,232   1,150,339  1,154,995

The first table is Tracy Christopher (TC) versus Jane Robinson (JR), the second is Terry Adams (TA) versus Amparo Guerra (AG). The first two columns represent the Election Night (EN) numbers as posted on their SOS pages, the second columns are the final numbers now posted on the county sites. Brazoria, Chambers, Colorado, and Washington still have their Election Night results up, so those have no changes. The Change column is from the Democratic candidates’ perspective, so a negative number means the Republican netted more votes.

Not surprisingly, the Harris results had the biggest effect, but in the end the winners were the same. Robinson now trails by an even smaller 1,070 vote margin, while Guerra has a bit more room to breathe with a 4,656 vote lead. Given the deltas in the other counties, my guess is that both Dems will see a small net loss. A real nail-biter in both cases, and it wouldn’t have taken much to change the outcomes. For what it’s worth, the two Dems who won these races this year were both Latinas, the two Dems that lost were not. Both Veronica Rivas Molloy and Amparo Guerra had larger leads in Harris County than Jane Robinson and Tamika Craft had, and that was what ultimately propelled them to victory. Maybe that would be different in a different years – Dems won all these races in 2018, remember – but this year it was consequential.

I suppose it’s possible there could be recounts in some of these races, but honestly, nothing is close enough to be changed. It’s a rare year that has no recounts, though, so we’ll see. Commissioners Court will certify the Harris County results on Tuesday, the statutory deadline.

Felony bail reform lawsuit moves forward

Pending the next appeal, anyway.

A federal judge ruled Tuesday that the case challenging Harris County’s felony bail system should proceed to trial. Nineteen felony judges represented by state Attorney General Ken Paxton immediately gave notice they planned to appeal to the 5th U.S. Circuit

[…]

The defendants include Sheriff Ed Gonzalez, who does not oppose the litigation, and 23 Harris County felony district judges, who have split into a larger group represented by Paxton, who opposes the lawsuit, and a smaller faction represented by attorney Allan Van Fleet, who represented the judges in the misdemeanor bail case.

In a 65-page opinion, Chief U.S. District Judge Lee H. Rosenthal denied the state and felony judges’ motions to dismiss the case, finding that the evidence involved “vigorously disputed factual allegations that must be developed further to resolve the legal issues the parties present.”

Lawyers for Abbott and 19 Democratic district judges argued in October the judges were protected by immunity, the federal courts do not have jurisdiction and the indigent arrestees do not have standing to sue.

Rosenthal found the court had standing and thousands of indigent arrestees, even though the individuals changed over time, had grounds, as a group, to sue.

See here, here, and here for the background. This was a motion to dismiss on largely procedural grounds, so there’s plenty of room for the Fifth Circuit to step in and throw this out without the merits of the case ever getting litigated. Obviously, I hope that does not happen.

This is the first I’d heard of the judicial plaintiffs being in two different groups; I need to understand what that means going forward. You know where I stand on this, and I plan to make a Big Deal out of which judges are on the right side of this issue, and which are actively obstructing it. So far, that standard hasn’t been met, but if the Fifth Circuit upholds this ruling then I will look very sideways at further appeals.

Looking ahead to 2022

Continuing with the brain dumps, which are my post-election tradition. This is a collection of thoughts about the next big election, in 2022.

As I said earlier, I take no position on the question of what effect the disparity in door-to-door campaigning had. I can buy there was some effect, but we have no way of how much of an effect it was. The good news is, whatever the case, this isn’t a trend, it’s a one-time effect of an election in a pandemic. I feel pretty confident saying that barring anything extraordinary, traditional door-knocking will be a big component of everyone’s 2022 campaigns. Perhaps Democrats will have learned something useful from this year’s experience that will enhance what they can do in 2022; admittedly, what they have learned may be “this sucks and we never want to do it this way again”.

There are a couple of things that concern me as we start our journey towards 2022. The first is that after four long years of hard work, with one rewarding election cycle and one disappointing cycle, people will be less engaged, which needless to say will make keeping the ground we have gained, let alone gaining more ground, that much harder. I think people will be focused on bringing change to our state government, but we can’t take this for granted. People are tired! These were four years from hell, and we all feel a great weight has been lifted. I get it, believe me. But we felt this way following the 2008 election, and we know what came next. We cannot, absolutely cannot, allow that to happen again. We know what we need to do.

Second, and very much in line with the above, the national environment matters. What President Biden will be able to accomplish in the next two years depends to a significant extent on the outcome of those two Georgia Senate runoffs, but however they go we need to remember that there are significant obstacles in his way. Mitch McConnell and the Republicans were greatly rewarded for their all-out obstructionism throughout the Obama presidency. We can’t control what McConnell et al do, but we can control our reaction to it. Do we get discouraged and frustrated with the lack of progress, or do we get angry with the people whose fault it really is? How we react will be a big factor in determining what the national mood in 2022 is.

I’m already seeing people give their fantasy candidate for Governor. They include the likes of Beto O’Rourke, Julian Castro (my choice), Cecile Richards, Lina Hidalgo, and others. I don’t know who might actually want to run – it is still early, after all – but we just need to bear in mind that every candidate has their pros and cons, and we need to worry less about matters of personality and more about building coalition and continuing the work we’ve been doing.

For what it’s worth, four themes I’d like to see our eventual candidates for Governor and Lt. Governor emphasize: Medicaid expansion, marijuana legalization, emergency/disaster preparedness and response, and improving the voter experience, with a focus on online voter registration. The first two have proven they are popular enough to be adopted by voter initiative in deep red states, the third is obvious and should include things like hurricanes, flooding, and drought in addition to pandemics in general and COVID-19 in particular, and the fourth is something there’s already bipartisan support for in the Lege. Let Greg Abbott and Dan Patrick defend the status quo here.

(Increasing the minimum wage was also a ballot initiative winner in states like Florida, and it generally polls well. I very much support raising the minimum wage, but don’t have as much confidence that it would be an electoral winner here. I’m open to persuasion otherwise.)

Here are some numbers to contemplate as we look towards 2022:

I’d attribute the regression in performance in the biggest 15 counties to Republican improvement more than Democrats falling short – as noted multiple times, Democrats hit new highs in the big urban counties, but so did the GOP. There’s still room for growth here, especially in an environment where turnout level is much more volatile, but the marginal growth is smaller now. Putting that another way, there’s no longer a deficit of voter registration in these counties. We need to maintain and keep up with new population growth, but we’re not behind where we should be any more. If we do that, and we prioritize maximizing our own base, we’ll be fine.

It’s the bottom two groups that we need to pay some attention to. A lot of these counties have medium-sized cities in them, and that’s an obvious place to focus some effort. (I’ve been beating that drum for months and months now.) But we really need to do something about the small rural counties, too, or face the reality of huge vote deficits that we can’t control and have to overcome. I know this is daunting, and I have no illusions about how much potential for gain there is here, but I look at it this way: If Donald Trump can convince some number of Black and Latino people to vote for him in 2020, after four years of unrelenting racism and destruction, then surely nothing is impossible. I think marijuana legalization could be a good wedge issue here. Remember, the goal is to peel off some support. A few points in our direction means many thousands of votes.

It’s too early to worry about legislative and Congressional races, because we have no idea what redistricting will wrought. I think we should be prepared for litigation to be of limited value, as it was this decade, and for the Republicans to do as much as they can to limit the number of competitive districts. They may be right about it in 2022, but that doesn’t mean they’ll be right in subsequent years.

In Harris County, we should expect competitive primaries for all of the countywide positions, and for many of the judicial spots. Judge Lina Hidalgo has done an outstanding job, but we know there are people who could have run in 2018 who are surely now thinking “that could have been me”. Don’t take anything for granted. We need to keep a close eye on the felony bail reform lawsuit, and news stories about how the current judges are handling bail hearings, because we are going to have to hold some of our folks accountable. We need to make sure that all of the Republican justices of the peace have opponents, especially the ones who have refused to do same-sex marriages.

Overall, there’s no reason why we can’t continue to build on what we have done over the past decade-plus in Harris County. Complacency and disunity will be our biggest opponents. The rest is up to us.

Initial thoughts about the election

And now for some reactions and analysis…

– The polls were garbage. Oy vey. Not just here, though they were definitely off here, underestimating Trump and the Republicans after doing the same to Beto and the Dems in 2018. This time, after all that national soul-searching following the 2016 state-level misfires (the national polling was fairly accurate overall in 2016), we got this flaming mess. Not my problem to solve, but I wonder how much of this is the known issue of “differential response” writ large. We know that in some circumstances, like when there’s been a big news event, one candidate’s supporters, or members of one party in general, may be more or less likely to answer the phone and respond to a pollster. It may be that just as a matter of course now, Republicans are less likely to respond to polls, in a bigger way than previously thought, and that had a disproportionate effect on the numbers. I’m just guessing here, but if that’s the case then perhaps the web panel approach to polling needs to be used more often. For what it’s worth, the UT/Texas Tribune and UH Hobby School polls from October, both of which had Trump up 50-45, used web panels. Maybe that’s a fluke, maybe they had a better likely voter model going in, maybe they were onto something that the others weren’t, I don’t know. But they came the closest, so they get the glory. As for the rest, thanks for nothing.

– Along those same lines, pollsters who did deeper dive polls on Latino voters, such as Univision and Latino Decisions, really need to question their methods and figure out how they went so mind-bogglingly wrong. I get that what we had, at least to some extent, appears to have been lower-propensity Latino voters turning out at surprisingly high levels for Trump, but damn, this is your job. You need to be on top of that.

– The old adage about “Texas isn’t a red state, it’s a non-voting state” can be safely buried for now. We had record-breaking turnout, over 11 million votes cast when we’d never surpassed nine million before, and yet Trump still won by six points while other statewide Republicans were winning by nine to eleven points. To be sure, that’s closer than 2016 was, but at this rate we’ll need to have thirty million people voting for Dems to catch up, and I feel confident saying that ain’t gonna happen anytime soon. The lesson here is that there are low-propensity Republican voters, too, and they are capable of showing up when they are persuaded. We saw that happen in 2018, and we saw it again this year.

I admit I bought into the hype, and put too much faith into the idea that the non-voters would be more consistently Democratic than Republican. To be fair, I think that was the case in 2018, as Democrats made huge gains relative to past off years. It’s certainly been the case in Harris County that increases in voter registration have led to significant increases in Democratic votes – I’ll get to this in more detail later in the post, but this can be pretty easily quantified, and it’s why Dems have been dominating the countywide races with increasing ease. It’s where those gains came from that seems to have been a difference-maker.

I don’t want to sell short what was accomplished here. Joe Biden got over 1.3 million more votes than Hillary Clinton; Trump improved on his total by about 1.15 million. Chrysta Castaneda got 1.36 million more votes than Grady Yarbrough. The statewide judicial candidates got between 3,378,163 and 3,608,634 votes in 2016; in 2020, the range was 4,762,188 to 4,899,270 votes. If you want to be particularly gruesome, Biden got 3.3 million more votes than Wendy Davis did for Governor in 2014. Granted, Trump outdid Greg Abbott by just over 3 million votes, but still. A lot more people now have voted for a Democrat in Texas than at any other point in history. Even as we pick through the wreckage, that’s worth keeping in mind.

So how do we close that remaining gap of 700K to one million voters statewide? One, we should remember that off year elections are far more volatile from a turnout perspective, and we need to do everything we can to make these new folks habitual voters while we continue to register and recruit new voters. Two, having dynamic statewide candidates, who can learn the lessons of these past elections while applying them to the environment they’re in, would help. And three, maybe we need to give another look to the reviled old “persuasion” strategy, and see how we can do a better job of peeling away some of the other guy’s voters. Easier said than done, but then that’s why I’m a blogger and not a campaign professional.

– By the way, if anyone asks you who the current all-time vote leader in Texas is, the answer as of 2020 is Supreme Court Justice Jane Bland, who tipped the scales at 6,002,233 votes. No one else topped six million. She was helped by not having a third-party opponent in the race; the Libertarians in three other races got between 254L and 283K votes.

– I take no position on the question about whether the Republicans’ continued use of traditional door-to-door campaigning during the pandemic, which the Democrats largely eschewed out of a sense of safety for their campaign workers and as a statement of living their values, was a factor in this election. The academic research on various methods of increasing turnout and persuading swing voters is mixed, and does not suggest that one method (such as door-knocking) is clearly superior to others (such as phone-banking). Winning teams always point to their methods and strategies as the reason why they won and the other team lost. I’m not saying this couldn’t have made a difference, or that it didn’t make a difference. It may have, and I have no way to disprove the assertion. I’m just saying that it’s anecdotal data, and I consider it to be such.

– Also, too: I saw people again cursing Beto’s name for not running for Senate this year. All I can say is that anyone who thinks Beto would have done better than Biden is not thinking clearly. He probably would have exceeded MJ Hegar, but there’s a lot of room between that and winning. With all the money that was spent in Texas this year, I do not buy the argument that having Beto on the ticket would have moved the needle for Dems.

– Speaking of money, hoo boy. I hope this isn’t the end of our candidates being able to raise enough of it. We’re going to need plenty in 2022.

– How much of an effect did the lack of straight ticket voting have? Far as I can tell, very little. In Harris County, there were 1,633,557 votes cast in the Presidential race. Way down at the bottom of the ballot, in the two At Large HCDE races, there were 1,551,731 and 1,548,760 votes. In other words, about 95% of the people who voted in the Presidential race also voted in these two HCDE races.

Now, if you look at the various judicial races, you will see that Democratic judicial candidates generally got 60-80K fewer votes than Biden, while most Republican judicial candidates (though not all) exceeded Trump’s total. Some of that was just crossover voting, which we knew was happening, but some of it may have been a greater propensity by Dems to skip some number of downballot races. It’s hard to say how much is each. For what it’s worth, 12 out of 15 Dem judicial candidates (district and county courts) who had a Republican opponent had fewer votes than MJ Hegar, who had 848K to Biden’s 911K, while 8 out of those 15 Republican opponents did better than John Cornyn’s 717K votes; Trump got 699K, and all but two of those Republicans did better than that, while no one came close to Biden.

So did the absence of straight ticket voting mean more crossovers in general? I will remind you, as I have done before, there’s always a range of outcomes in the judicial races, so there has always been some amount of crossover voting, just usually not that much. Why did MJ Hegar get so many fewer votes than Joe Biden did? Some of it was more voting for third party candidates – there were 22K votes for the Libertarian and Green Presidential candidates, and 42K such votes in the Senate race – some of it was the 26K fewer votes cast in the Senate race (about 98.5% of all Presidential voters also voted for a Senate candidate), and some of it was the 18K people who voted for Cornyn but not Trump. Make of that what you will.

– While I’m thinking about it, let me update that range-of-results table I just linked to:


2004 
Rep 524K to 545K
Dem 460K to 482K

2008
Rep 526K to 564K
Dem 533K to 585K

2012
Rep 550K to 580K
Dem 555K to 581K

2016
Rep 580K to 621K
Dem 643K to 684K

2020
Rep 690K to 740K
Dem 812K to 865K

So congratulations to Republicans, who have boosted their base vote by almost 200K since 2004, while Dems have increased theirs by over 380K. Five points was as close as any Republican got.

– Despite their successful defense of their Congressional and legislative seats, Republicans still face some tricky decisions in redistricting. Look at it this way – in an election year that clearly wasn’t as good for Dems as 2018 was, they still managed to hold onto all but one of the seats they won that year. The same map that gave Republicans 95 House members was only good for 83 this year, and it wouldn’t have taken much to knock that number down by a half dozen or so. Morgan Meyer and Angie Chen Button may have survived, but Dallas County is a problem for the GOP. Harris County has three safe Republican districts – HDs 127, 128, and 130 – four that are still pretty safe but have gotten a lot less so over the decade – HDs 126, 129, 133, and 150 – and two on the knife’s edge, HDs 132 and 138. That may have been hard to see from the vantage point of 2011, but the broad outlines of it were there, and as I have noted before, HDs 132 and 135 were already trending Dem in 2012, with both being a little bluer than they were in 2008 despite 2012 being a slightly lesser year for Dems overall. Who’s going to need protection, and whose seat may wind up on a target list a couple of cycles later because you didn’t understand the demographics correctly? In Congress, Dan Crenshaw won by a comfortable 14 points…in a district Ted Poe won by 24 points in 2016, and 32 points in 2012. How do you shore him up? Splitting pieces of Travis County into four Republican districts was a great idea, until it threatened the re-election of three of those Republicans. Who even knows how many Congressional seats we’ll have, given the chaotic nature of the Census?

Oh, and here in Harris County, I’m sure the Democratic majority on Commissioners Court will bolster Adrian Garcia in CC2, as the Republicans did for Jack Morman in 2010. The bigger question is do they go after their new colleague Tom Ramsey, or do they just not help him out and hope nature takes its course? That’ll be fun to watch.

I think that’s it for now. I’m sure more things will occur to me as we go. When I get a draft canvass, I’ll start doing the usual slicing and dicing.

Omnibus Election Day post

I was up really late last night, and there’s still a lot of votes to be counted. The SOS website was mostly trash, but a lot of county election sites took their sweet, sweet time even reporting any Election Day results. So here’s what I know right now, and I’ll have more tomorrow.

– The Presidential race is still unsettled as a lot of votes are to be counted. That may take a few days, but indications are decent for Biden at this point.

– Not in Texas, though. Biden was approaching five million votes as I write this, but he was trailing by six percent. The other Dems running statewide were losing by nine or ten. Still a fair number of Republicans who didn’t vote for Trump, and that made things redder downballot than you might have expected from the topline result. In a sense, 2020 was like 2018, in that the top Dem outperformed the others running statewide, but the gap at the top was wider.

– As of this writing, Dems appear to be on track to picking up one SBOE seat (SBOE5), reclaiming SD19, and likely sweeping the Appeals Court races that are anchored in Harris County; I have not checked the other Appeals Court races. Ann Johnson has knocked off Sarah Davis in HD134, and Gina Calanni is losing in HD132. Jon Rosenthal has a slim lead in HD135, while the two remaining Dallas County Republicans (Morgan Meyer in HD108 and Angie Chen Button in HD112) are hanging in, though Button’s lead is slimmer than Rosenthal’s. All other State House incumbents are winning, and all of the open seats are being held by the same party, which means that if all these races remain as they are…the composition of the Lege will be exactly as it is now, 83-67. Not what we were expecting, to say the least.

– Also not what we were expecting: As I write this, no Congressional seats appear poised to flip. Reps. Lizzie Fletcher and Colin Allred were re-elected, and Republicans have held onto all of their imperiled districts. Chalk that up to Trump and the rest of the statewide Rs doing better than the polls had suggested. One unexpectedly close race is in CD15, where Rep. Vicente Gonzalez was only leading by 6K votes as I write this. That said, none of the Election Day results from Hidalgo County were in for that race – all other counties except tiny Wilson were fully reported – so I would expect Gonzalez to win by a larger margin in the end.

(I should note that there’s a dispute in CD23, because of course there is.)

– Which leads to the uncomfortable fact that Trump did a lot better in the predominantly Latino counties in the Valley. I’m not going to get into that at this time – I guarantee, there are already a thousand thinkpieces about it – but the pollsters that showed him doing better and Biden lagging Clinton from 2016 were the winners of that argument. There will be many questions to be answered about that.

– Nothing terribly interesting in Harris County. Dems won all the countywide seats, but as noted lost in HD132 and HD138, and also lost in County Commissioners Court Precinct 3, so the Court remains 3-2 Dem. Note that Commissioners Court does its own redistricting, and after the 2010 election the Republican majority made CC2 a bit redder. I fully expect CC3 to shift in the Dem direction in the next map – it too was made redder after 2010 – but we’ll see how much of a difference it makes. Tom Ramsey has his work cut out for him. One change way downballot was Democrat Israel Garcia winning in the Justice of the Peace Precinct 5 race, knocking off longtime incumbent Russ Ridgway. Precinct 5 Constable Ted Heap managed to hang on.

– With 683 of 797 voting centers reporting, there were 1,595,065 votes cast in the Presidential race. Way down at the bottom of the ballot, in the two HCDE Trustee At Large races, there were 1,516,025 and 1,513,125 votes cast, a dropoff of about five percent. I think that should settle the straight-ticket voting question, at least for now.

– Fort Bend County completed its transition to Democratic. All Democratic countywide candidates won, with Eric Fagan becoming the first Black Sheriff in that county. Congratulations to all the winners.

I’ll have much more to say soon, but this is where we are very early on Wednesday morning. Good night and try to remain calm.

A focus on the SCOTX races

With so much litigation over a variety of voting issues, the Supreme Court of Texas is in the news a lot these days. Will that mean more attention being paid to the four races for SCOTX positions?

Justice Gisela Triana

The sleepy contests for seats on Texas’ highest courts have taken on new energy this year as Democrats, bullish on their chances to claim seats on the all-Republican courts, seek to capitalize on a series of controversial pandemic- and election-related decisions.

Voters have the chance to choose four justices on the nine-member Texas Supreme Court, the state’s highest court for civil matters, and three judges on its sister body, the Texas Court of Criminal Appeals.

It’s notoriously difficult for judicial candidates, even those running for the state’s high courts, to capture voters’ attention, particularly with a hotly contested presidential race above them on the ballot. But this year, Democrats say they have something new to run against: decisions by the high court to end Texas’ eviction moratorium and election opinions that limited mail-in voting options.

“The Supreme Court has been in the news on almost a weekly basis over the last several months … with all the election shenanigans that are going on,” said Justice Gisela Triana, who serves on the Austin-based 3rd Court of Appeals and is running as a Democrat for a seat on the high court. “I think they’ve been complicit in allowing the Republican Party to try to make it harder for people to vote.”

For Republicans, meanwhile, the virus is an argument for sticking with the status quo. Chief Justice Nathan Hecht, who faces reelection this fall, said unprecedented challenges of access to justice and budget concerns during the pandemic would best be handled by a judge with experience running the court.

“We’re in such untraveled waters — dangerous, difficult, challenging times,” said Hecht, who has served on the court for more than three decades. “It takes some leadership not only to try to discern a wise course through all this, but to get the other branches to go along with you.”

[…]

Even as President Donald Trump runs an unusually tight race in Texas with Democratic nominee Joe Biden, less controversial Republicans lower on the ballot are expected to perform better in Texas. Republican U.S. Sen. John Cornyn, facing Democrat MJ Hegar, has shown a wider lead in polling than the president, and statewide judicial candidates outperformed U.S. Sen. Ted Cruz in 2018 and Trump in 2016.

Republicans say they’re confident Trump will carry the state — but that the judges could win even if he doesn’t.

Pollsters sometimes view statewide judicial races as pure tests of a voter’s partisan allegiance since so few Texans are familiar with the candidates.

“Even though we’re toward the top of the ticket, people don’t know much about who we are,” Hecht said.

[…]

Along with new attention to the high court comes the uncertainty about what the end of straight-ticket voting will mean for Texas. This Nov. 3 marks the first election in which Texans won’t have the option of voting for every candidate in a certain party with just one punch — a colossal change whose effects neither party can fully anticipate.

All that, coupled with a volatile presidential race, means “you just can’t tell” where the outcome may land, Hecht said.

“It’s just completely unpredictable,” Boyd said. A higher profile for the court could help him as an incumbent, he said.

“If people are seeing the coverage and thinking, ‘I need to do my homework on these races,’ I have full confidence that when they do their homework they’ll end up supporting me,” Boyd said.

Democrats see reason for optimism in early voting totals, which have shattered records, especially in large, blue counties like Harris. But Republicans are also turning out to vote early in high numbers.

And there may be more reason for Democrats to be hopeful. Keir Murray, a Democratic operative in Houston, said based on the statewide numbers he’s seeing, women are outvoting men by 10 points — a potentially major boon for an all-female Democratic slate for Supreme Court.

“Women usually outvote men, but not to that degree,” he said.

Let’s start with the obvious – the statewide judicial races are mostly affected by the Presidential race. It’s true that the Supreme Court has been in the news a lot recently and have made a number of consequential rulings that affect not just the election and how it is being conducted but also the COVID pandemic and how it is being handled. The story does a good job laying all this out, and I’d be willing to believe that a lot of people are at least aware of these things. How many of those people are more likely to vote, or are likely to change how they vote, as a result of these stories is a question none of us can answer, but my suspicion is that it’s pretty small. Makes for good speculation and the basis of stories like these, but that’s as far as we can go.

What about the claim that Republicans are likely to win the statewide judicial races even if Biden carries Texas? It’s kind of amazing that Republicans would advance that hypothesis instead of just laugh off the question, but a check of recent elections suggests they’re onto something. All of the Republicans running for statewide judicial office in 2016 won by a wider margin than Trump did, and all of the Republicans running for statewide judicial office in 2018 won by a wider margin than Ted Cruz did. If there are Republican voters who don’t vote for Trump like that, then that’s a plausible scenario. I feel like a lot of the people who avoided Trump but otherwise mostly voted R in 2016 were voting mostly D in 2018, but maybe I’m wrong about that. Keir Murray’s point about the electorate being disproportionately female so far means Dems are probably doing pretty well so far and that’s a boost for all Dem candidates, but it doesn’t tell us anything about how the court candidates may do compared to Trump. I don’t think the Cornyn/Hegar polling tells us all that much either, as there’s a name recognition component to that.

An alternate possibility is that some number of people who vote for Trump will peace out after that. Trump has spent plenty of time attacking Republicans, too, so some of his supporters are loyal to him but not the party. The 2016 experience suggests that’s unlikely, but maybe this year is different. I don’t think the lack of straight ticket voting will matter much. The Supreme Court Chief Justice election is the fifth race people will see on their ballots, following the three federal elections (President, US Senate, US House) and Railroad Commissioner. Maybe some people who aren’t strong partisans will skip those races because they don’t feel they know the candidates well enough, but it won’t be because they’re tired of all that voting.

Look, Democrats are motivated to vote, and they’re pissed at the rulings in some of these lawsuits, even if SCOTX maintained its integrity in the latest Hotze provocation. I think there’s a strong urge to vote all the way down. I just don’t know how to quantify that. I’ll know more after the election.

30 Day 2020 campaign finance reports: State races, part 1

Time once again to look at campaign finance reports. I don’t usually review the 30-day reports but this is a special year, and there’s a lot of money sloshing around, so let’s keep an eye on it. As before, I will split these into four parts. Part one will be statewide, SBOE, and State Senate, part two will be State House races from the Houston area, part three will be State House races from elsewhere in the state, and part four will be for Democratic incumbents that may be targeted. I’m not going to be doing every race of course, just the ones of interest. January reports for statewide candidates can be found here, January reports for various SBOE and State Senate races can be found here, and the July reports for the candidates in this post are here.

Chrysta Castaneda, RRC
Jim Wright, RRC

Amy Clark Meachum, Supreme Court, Chief Justice
Nathan Hecht, Supreme Court, Chief Justice

Gisela Triana, Supreme Court, Place 8
Brett Busby, Supreme Court, Place 8

Kathy Cheng, Supreme Court, Place 6
Jane Bland, Supreme Court, Place 6

Staci Williams, Supreme Court, Place 7
Jeff Boyd, Supreme Court, Place 7

Rebecca Bell-Metereau, SBOE5
Lani Popp, SBOE5

Michelle Palmer, SBOE6
Will Hickman, SBOE6

Marsha Webster, SBOE10
Tom Maynard, SBOE10

Susan Criss, SD11
Larry Taylor, SD11

Roland Gutierrez, SD19
Pete Flores, SD19


Candidate   Office    Raised     Spent     Loan     On Hand
===========================================================
Castaneda      RRC   310,709   161,145   27,166     103,934
Wright         RRC   243,765   452,473   45,000     169,761

Meachum      SCOTX   103,704    27,920        0     200,072
Hecht        SCOTX   176,761   806,375        0     105,298

Triana       SCOTX    37,075    19,945        0     134,736
Busby        SCOTX   314,946   580,588        0     342,010

Cheng        SCOTX    17,901     5,196   90,174      80,371
Bland        SCOTX   167,487   490,849        0     132,174

Williams     SCOTX   127,667    69,733    1,000      78,572
Boyd         SCOTX   128,500   168,373        0     466,196

BellMetereau SBOE5    63,473    18,316    2,250      66,834
Popp         SBOE5    64,012    22,713   60,000      50,637

Palmer       SBOE6    17,395     8,251        0      12,982
Hickman      SBOE6     2,660       819    2,500       2,887

Webster     SBOE10     4,195     3,200       25       4,523
Maynard     SBOE10     4,332    14,797    4,000         848

Criss         SD11    18,137    29,403        0       5,048
Taylor        SD11    47,775   138,166        0   1,054,841

Gutierrez     SD19   199,270    50,785        0      11,309
Flores        SD19   627,919   531,779        0     606,589

I didn’t have a whole lot to say about these reports last time, and I don’t have much to add now. Chrysta Castaneda raised a few bucks and has done a bit of TV advertising, but there’s not a whole lot you can do statewide with less than a million bucks as an opening bid. She has done well with earned media, and I think Democrats may be more aware of this race than they usually are, which could have an effect on the margins if it keeps the third-party vote level low. To be sure, the Presidential race is by far the single biggest factor here. The hope is that Castaneda can outpace Biden, even by a little, and if so then she just needs it to be close at the top.

The same is true for the Supreme Court, where Dems at least are fired up by the rulings relating to mail ballots. I think the potential for crossovers is lower than in the RRC race, where Jim Wright is so obviously conflicted, but just retaining a sufficient portion of the Presidential vote would mean a lot. I know people like to talk about the lack of straight ticket voting, but 1) these races are all near the top of the ballot, following the three federal contests, and 2) the message about voting out Republicans at all levels has been pounded all over the place. How much will it matter? I have no idea. All this may be little more than a social media mirage. It’s just what I’ve observed.

I am a little surprised that Roland Gutierrez hasn’t raised more money, and it’s equally odd to me that Pete Flores has outspent him by that much. But like everywhere else, the top of the ticket will drive this result more than anything else. In the context of 2016, this was basically a 10-12 point Dem district. Flores has to convince a lot of people to cross over in order to win. That’s the challenge he faces.

More of these to come. Let me know what you think.

Endorsement watch: Judicial races

The Chron endorses two Dem challengers and one Republican incumbent for the Court of Criminal Appeals.

Judge Tina Clinton

A court’s legitimacy derives in part from its capacity to inspire trust in the minds of those who live by its rulings. “There cannot be a trust among the African American community that the system is fair when the judges dispensing that justice are all represented by just one group,” Judge Tina Yoo Clinton, a Dallas County district court judge whom we recommend for Place 4, said last month at a virtual forum organized by the Innocence Project of Texas. She was noting that there are currently no Black justices on the court, and just one of nine members is Latino.

It’s a valid point, but it’s also true that in the context of the Court of Criminal Appeals, diversity must also include a broader range of ideological perspective and of life experience. That’s because how a judge sees the law — and how he or she applies it to a particular case — is far more complex than sound bites about “activist judges” or labels such as conservative and liberal.

[…]

Place 4, Tina Yoo Clinton (D)
Tina Yoo Clinton, 50, has more than 14 years experience as a judge and 10 more as a prosecutor. She brings a combination of a veteran judge’s experience and the enthusiasm and fresh perspective of a newcomer. It’s exactly the mix the court needs.

For that reason, we recommend her over Justice Kevin Yeary, who has been on the court since 2014.

“Clearly when you look at what is going on in the United States within the criminal justice system, we have to recognize that even though we want justice to be colorblind, it is not colorblind,” Clinton said during last month’s candidate forum.

That’s a starting point that will help shape the discussions among the nine justices in ways that keep fairness at the center of the debate. Matched with her long experience and commitment to follow the law, we believe she will help render justice in which all Texans can have faith.

Place 9, Brandon Birmingham (D)
We recommend voters elect Dallas County criminal district court Judge Brandon Birmingham, 43, in Place 9, even at the high cost of losing Justice David Newell, whose voice on questions of actual innocence has been reasoned and refreshing.

But he adheres to the court’s overall emphasis on textualism, and approaches each case within a narrower view of what justice requires than would his opponent. The court’s nine members urgently need new perspectives, new sets of life experiences, and new vantage points from which to see the law and the facts in order to render decisions that have credibility with an increasingly skeptical public.

Birmingham would stretch the boundaries of that debate — and would do so using experience as a judge, a prosecutor and a change agent.

They also endorsed Justice Bert Richardson, who I will agree is a good judge, over challenger Elizabeth Frizell. At least here, the Chron did more than just nod in the direction of increasing the diversity of this court, as they did with the Supreme Court.

In the other judicial races, the Chron endorsed all four Republican incumbents on the First and Fourteenth Courts of Appeals, and five Dems and five Republicans (plus one abstention) for the district courts. I’m just going to say this: If there’s one thing we should take away from the Merrick Garland/Neil Gorsuch and Amy Coney Barrett experiences, it’s that the judiciary is to Republicans (with a huge push from the professional conservative movement) nothing but an expression of political power. Gorsuch was given, and Barrett almost certainly will be given, a lifetime tenure on the US Supreme Court, where they will consistently rule in favor of Republican and conservative positions, because the Republican-held Senate had the power to block Garland and install the other two.

Here in Texas, where we elect judges as part of the regular electoral process, there has been a call to move away from partisan elections of judges and towards some other, as yet undefined system, which may involve appointments or bipartisan panels or who knows what else. This push has emerged and grown as Democrats have begun to assert more political power in Texas – I’ve been documenting it since 2008, when we elected Democratic judges for the first time since the early nineties. What the voters want is more Democratic judges, and so it has become Very Important for the Republicans that still retain full power in this state to make sure they don’t get them.

As a matter of abstract principle, I would agree that we could do a better job picking judges than the current system we have, where judges are voted on by people who mostly have no idea who they are and what they do. I’m sure if we put a few sober and learned types in a room for a few hours, they would emerge with a perfectly fine system for selecting judges on pure merit. But we’ve had this imperfect system for a long time, and when it benefitted the Republicans it was just fine. It certainly benefits them right now, when questions about voting rights are being litigated. If more Democratic judges get elected this cycle, I consider that just to be some balance on the scales. When we get to a point of having solid Democratic majorities on the Supreme Court and the CCA, and there’s a Democratic Governor and Lt. Governor and Democratic majorities in the House and Senate, then come back with a fully-formed plan for non-partisan meritocratic judicial selections, and we can talk. Until then, I say elect more Democrats, including and especially Democratic judges. Politics has been a key part of this process from the beginning. The fact that the politics are slowly starting to favor the Democrats is not a compelling reason to change that. Quite the opposite, in fact.

How many undervotes would it take?

This story about the race for County Clerk has broken me.

Teneshia Hudspeth

[Stan] Stanart has finished in line with the Republican straight-ticket vote in each of his three elections, winning the clerk seat in 2010 with 53 percent of the vote when Republicans won 54 percent of the countywide straight-ticket vote. In 2014, Stanart won with 54 percent, matching the Republican straight ticket. When Stanart lost his seat in 2018, he received 43 percent, running about a point below the Republican straight ticket.

This year, straight ticket voting has been eliminated statewide, adding a layer of uncertainty to what otherwise would be an all-but-impossible uphill climb for Stanart, Houston political analyst Nancy Sims said.

“We don’t really have any ability to predict voting behavior without straight-ticket voting,” Sims said. “I do think both candidates who are deeper in the ballot are going to face more challenges because people are less likely to know them. And I think none of the county races are a shoo-in with the lack of straight-ticket voting.”

Maybe I’ve obsessed too much over the straight ticket voting effect and what not having it may mean this year, but can we please at least try to think about this in terms of the actual numbers? I will once again use the judicial races as my proxy for partisan preferences. In 2016, the typical judicial race was roughly a 52-48 win for the Democratic candidate; there was some variation in there, from about 51-49 to 53.5-46.5, but 52-48 was close to the mark for the average. If we assume that the Clerk candidates would perform at basically the average partisan level of the county, then if every Republican voter goes all the way down the ballot, you will need more than seven percent of Democratic voters to stop voting before they got to this race for it to tip from Teneshia Hudspeth to Stan Stanart. If five percent of Republicans failed to vote in this race, you would need over twelve percent of Democrats to do likewise. If ten percent of Republicans undervoted for Clerk, seventeen percent of Democrats would have to do the same.

It’s even starker if we’re talking about a 2018 partisan context. In 2018, the average judicial race was 55-45 for the Democrat. Under those conditions, if every Republican votes in every race, more than eighteen percent of Democrats would have to miss this one to affect the outcome. If five percent of Republicans skip this race, 23% of Dems would have to do likewise. If it’s ten percent of Republicans undervoting, you’d need more than 26% of Dems to do the same. That’s the level of undervoting you get in Houston City Council At Large races, where nobody knows who most of the candidates are.

Is this plausible, or even possible? I don’t know. We’ve never had an election with no straight ticket voting before, so nobody knows what is possible or plausible or likely. I spilled many electrons following the 2018 campaign shooting down bad arguments about straight ticket voting, all of which are underpinned by the assumption that if Democrats couldn’t vote that way they would be at a big disadvantage because they’re so much more likely to not vote the full ballot. If you want to make that argument, then by all means, go ahead and make it. You may be right! I have no idea. But let’s be clear about what you are arguing, rather than vaguely waving in the direction of “well, not having straight ticket voting could be bad for Dems”.

One more thing: What is clear is that not having straight ticket voting will make it take longer to vote (even if those effects may be overstated), and that in turn may cause longer lines at polling places, which as we all know is a thing that disproportionately affects voters of color, who are the Democratic base. This effect is most closely felt in Harris County, which has so damn many judicial candidates on the ballot. Harris County, and County Clerk Chris Hollins, have taken a lot of steps to minimize this effect, with more mail voting, more voting locations, longer early voting hours, and so forth. (We have also seen how resilient Harris County voters have been, though they should never be put in that position.) We have no way of knowing what the longer-time-to-vote effect of not having the straight ticket option will be, but we do know that Chris Hollins and the Democrats on Commissioners Court have done their best to minimize it. To tie this back to the Clerk’s race, which is where this post started, it’s impossible to imagine Stan Stanart doing all this work to make it easier to vote in Harris County. Even with the move to an appointed elections administrator, that in itself would be enough to not vote for Stan Stanart.

Endorsement watch: For (just a little) more diversity

The Chron says a few words about the need to diversify the Supreme Court, then mostly endorses the status quo.

Judge Staci Williams

When talk turns to Texas’ highest civil court — as it must, given voters’ opportunity to select four of the nine justices in the upcoming election — the old frames of left versus right take on entirely new and even hazy meanings.

As an editorial board, we’ve grappled with the consequences of one-party rule in a state that hasn’t elected a Democrat to statewide office in 26 years. But those concerns are even more relevant when the topic is the Texas Supreme Court, and its criminal law counterpart, the Texas Court of Criminal Appeals.

All 18 justices on these two courts are Republican, and we believe that lack of ideological diversity would do damage to any state, but especially one as big and diverse as Texas. That concern weighed heavy on our minds but still was only one factor in deliberations over which candidates to recommend.

We’re delighted to report that not one of the candidates was unqualified. We faced tough choices in selecting only one for each race. In addition to experience, judicial record, temperament and aptitudes for research, writing and analysis that form the heart of appellate law, we also gave thoughtful consideration to candidates’ ideological and personal backgrounds, including gender, race, ethnicity and life experiences.

What follows is our best advice in each of these four, consequential races. Endorsements in the Court of Criminal Appeals will be published soon.

And then they endorse three of the four Republican incumbents – Chief Justice Nathan Hecht over Judge Amy Clark Meachum, Justice Jane Bland over Kathy Cheng, Justice Brett Busby over Justice Gisela Triana; Judge Staci Williams over Justice Jeff Boyd was the lone exception – with nods to experience and temperament over the other factors. It’s fine to prefer those three incumbents and to value their experience, though I at least would argue that Triana has at least as much experience as the Abbott-appointed Busby, but the expressed concern over “lack of ideological diversity” sounds hollow given the result. The Justices in question may well be sober and experienced and learned, but I doubt anyone would claim they differ in any significant way on their philosophy and jurisprudence. Endorsing more of the same is not a great way to get something different. We’ll see what happens when they review the Court of Criminal Appeals.