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Kay Smith

Another “resign to run” question

Reply hazy, ask again.

Josh Flynn

A state law that deems certain officeholders ineligible for the Legislature is raising questions about whether Texas House candidate Josh Flynn is allowed to run for the seat while keeping his current position as a Harris County Department of Education trustee.

Flynn, one of three Republicans to file for the House District 138 primary in March, joined the HCDE board in January after winning the Position 4, Precinct 3 election in 2018. The board elected Flynn president at his first meeting.

The law in question is a section of the Texas Constitution that deems “any person holding a lucrative office under the United States” ineligible for the Legislature. The law does not define “lucrative office,” but a 1992 Texas Supreme Court opinion issued by then-justice John Cornyn determined that “an office is lucrative if the office holder receives any compensation, no matter how small.”

Flynn and his fellow HCDE trustees receive $6 per meeting, as required by state law.

The Constitution and the Supreme Court opinion do not appear to specify when “lucrative” officeholders must resign in order to be eligible. However, a 1995 attorney general letter opinion determined that the law “does not disqualify the holder of a lucrative office from running for the legislature … if the officeholder resigns from the lucrative office before filing for the legislature.”

Asked about his resignation plans, Flynn wrote in an email, “If I were to win the election in November of 2020, then I will resign my position with the HCDE.”

[…]

Kay Smith, a former HCDE trustee, resigned her position on the board in November 2015 to mount an unsuccessful run for House District 130 the following year. Eric Dick, a current board member, is running for Houston City Council and was able to retain his seat, department officials confirmed to the Chronicle earlier this year. The constitutional “lucrative office” provision applies to the Legislature and does not reference municipal offices.

In a statement, Paul Simpson, chairman of the Harris County Republican Party, said, “We have not yet certified any candidate for the ballot, and will evaluate any challenges as required by law.”

Am I the only one who remembers Roy Morales, who not only did not resign to run for City Council in 2007, or for Mayor in 2009, or for Congress against Gene Green in 2010? I don’t remember there being a question raised about whether or not Morales needed to resign for any of those races, but I admit it’s long enough ago that I just might have forgotten. I suppose if “the Legislature” is the only office that one could seek where this provision matters then it wasn’t an issue. Sure seems like this would be a good thing to clean up in the next Lege, along with that question about the rights of felons who have completed their sentences. In the meantime, we’ll see what the county GOP says about this.

July campaign finance reports – Harris County candidates

The Harris County situation for candidates and campaign finance reports is a bit complicated. Take a look at my January summary and the reports and data that I’ve found for July, and we’ll discuss what it all means on the other side.

Ed Emmett

Jack Morman
Jack Cagle

Stan Stanart
Chris Daniel

Diane Trautman

David Patronella
George Risner
Don Coffey
Lucia Bates
Laryssa Korduba Hrncir
Daryl Smith
Jeff Williams
Armando Rodriguez
Zinetta Burney
Louie Ditta


Name        Raised    Spent     Loans     On Hand
=================================================
Emmett     472,172   99,684         0     551,875

Morman     635,050   98,611     44,339  2,261,453
Cagle      561,350  197,375          0  1,008,707

Stanart     49,100   10,124     20,000     69,384
Daniel      49,350   51,681     55,000     25,359
Sanchez

Trautman    15,251    2,978          0     18,009
Evans
Lee

Patronella  20,215    5,075          0
Risner       2,550    7,202          0     81,053
Coffey         200    7,214          0     57,694
Bates (*)      850      575          0        567
Korduba (R) 24,870    5,085          0     33,466
Smith (**)       0      300          0          0
Williams (R)     0        0     60,000     13,396
Rodriguez        0        0          0      2,219
Burney           0        0          0        902
Ditta (R)        0    1,907      2,000     17,006

Let’s start with what isn’t there. I don’t see a report as yet for Harris County Treasurer Orlando Sanchez, nor do I see one for HCDE Trustees Louis Evans (Position 4, Precinct 3) and Erica Lee (Position 6, Precinct 1). Diane Trautman (Position 3, At Large) has a report, but she is running for County Clerk, so as yet there are no candidates of which I am aware for the position she is vacating. Finding Louis Evans’ name among the list of Trustees was a bit of a surprise, since he had not been elected to that position in 2012. He was appointed to the seat in November of 2015 to replace Kay Smith, who stepped down to run in the Republican primary for HD130. I just missed that announcement, so my bad there. Evans as noted in the linked release, was Smith’s predecessor in that position, serving the six year term from 2007 to 2013. He was not on the ballot for the GOP primary in 2012, so if he runs for another term this would be the first time he has faced voters since 2006.

County Judge Ed Emmett does not have an opponent yet, as far as I can tell. There’s a bit of confusion because three people – Christopher Diaz, Shannon Baldwin, and LaShawn Williams – have filed requests for authorization forms for electronic filing, with County Judge as the office they plan to seek. At least two of these people are not running for County Judge, however. Williams appears to be a candidate for Harris County Civil Court at Law No. 3, and has filed a finance report listing that office as the one she seeks. She has also filed a report for the office of County Judge. I presume the latter is an error, but they both have different numbers in them, so who knows? Baldwin’s case appears to be more clear, as she has a Facebook page for her candidacy for County Criminal Court #4, for which she has filed a finance report, again with the correct office listed. As for Diaz, I have no idea. I don’t think he is the Precinct 2 Constable Chris Diaz. Here’s the Christopher Diaz County Judge RFA, and the Constable Chris Diaz finance report. You tell me.

Jack Morman is clearly aware of his status as biggest electoral target of the year. He’s got plenty of money available to him for his race, whoever he winds up running against. Cagle has only the primary to worry about, as his precinct is highly unlikely to be competitive in November. The other countywide offices generally don’t draw much money to their races. I suppose that may change this year, especially in the County Clerk’s race, but first we’re going to need some candidates.

Constables were elected last year, as were Justices of the Peace in Place 1, so what we have on the ballot this time are the JPs in Place 2. According to the listing of judicial candidates that we got at the June CEC meeting, David Patronella and Zinetta Burney have primary opponents, but neither of them have July finance reports on file. Rodrick Rogers, who is listed as a candidates against Republican Jeff Williams in Precinct 5, also has no report. Lucia Bates is a Democrat running in the primary against Don Coffey, while Daryl Smith is a Democrat running against Repubican incumbent Laryssa Korduba Hrncir, who at last report was the last holdout on performing weddings post-Obergefell. I do not know if there has been any change in that status. Whatever the case, there’s not a lot of fundraising in these races.

So that’s what I know for now. It’s possible some of the non-filers will have reports up later, I do see that sometimes. For sure, we should expect to hear of some candidates in the places where we currently have none. If you’ve got some news on that score, please let us know.

Overview of the HCDE races

The Chron has an overview of the races for the Harris County Department of Education, and in describing the one At Large race between incumbent Michael Wolfe and Democratic challenger Diane Trautman they do the useful service of describing what the HCDE does.

Diane Trautman

The department supports the county’s 26 independent school districts. It operates a co-op that allows the districts to buy food and supplies at lower prices. The department also runs adult-education programs, administers federal Head Start grants and Early Childhood Intervention programs, and supports after-school initiatives.

Most of the department’s budget comes from state and federal grants and fees for service paid by the districts.

Trautman said her opponent wants to abolish the department and has been censured by the board for unethical behavior.

Wolfe acknowledged that he would support abolishing the department, saying that he believes taxpayers pay twice for education. The 2008 censure, he said, was in retaliation because he was pushing for lower taxes.

In 2009, the board tried to remove him from office because they said he had a disregard for the department and its procedures and disrespect for the board.

Here’s what was said about Wolfe at the time:

Fellow trustee Jim Henley said the movement to oust Wolfe is based on his numerous absences and Wolfe’s “lack of acting in the best interests of the department.”

The board considered removing Wolfe for incompetence last year, but Wolfe appealed for a second chance and pledged to adhere to a list of ethical practices.

Henley said Wolfe has violated that pledge and continues to miss meetings without informing the board ahead of time of his absences — or explaining them afterward.

Board members voted 6-0 Monday night to seek Wolfe’s ouster from the $72-a-year position.

See here, here, and here for more on this. Henley is one of only two Democrats on the board right now, so that means four fellow Republicans voted to pursue ousting Wolfe. If you think they did so because they didn’t like him pushing for lower taxes, I’d say that’s pretty naive. Plus, as you may recall, it wasn’t just Wolfe’s board colleagues who didn’t like him. Read this letter from County School Superintendent John Sawyer to Wolfe from December of 2007 for a reminder of that. Wolfe is a clown, and in a just world he’ll be sent back to the private sector in a couple of weeks.

The race for Position 4, Precinct 3, between Republican Kay Smith, who successfully primaried the more moderate Raymond Garcia, and Silvia Mintz, is frustrating to me.

Silvia Mintz

In the Position 4 race, Smith, 61, a Republican, said she wants to bring more department transparency. She said it often is difficult to get information about operations and how money is spent.

“I want to know what we are doing with those tax dollars to ensure better education,” Smith said.

Mintz, her Democratic opponent, did not return calls.

On her campaign website, Mintz, 38, said she entered the race because she believes it is important to “protect the American Dream through education.”

Mintz ran for HD132 in 2010. She has a compelling personal story, and I was impressed by her when I interviewed her for tat race. She’s the kind of person I’d like to see get elected to something. But I have no idea what she’s doing in this race. She reported nothing raised and nothing spent on her 30 day finance report, after minimal activity on her July report. I made numerous attempts to reach her for an interview, but like the Chron never heard from her. Her campaign website appears to have been last updated in December, when she announced her candidacy. Her Facebook page indicates some activity, but that’s about it. She would be a distinct underdog in this race, but then so are people like Paul Sadler and Traci Jensen and Cody Pogue, all of whom have run active, highly visible campaigns. All I can say is that I’m terribly disappointed. I wish I knew what was going on with her.