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Motion filed to block current Congressional map

From the Lone Star Project.

Moments ago the Plaintiffs in the ongoing Texas congressional redistricting case filed a joint motion asking the San Antonio Federal District Court for an injunction to block the use of the current congressional map during the 2018 mid-term elections.  The motion also suggests a schedule to adopt a new map for use in the 2018 elections.

On March 10, the three-judge Federal District Court in San Antonio with jurisdiction in the Texas case ruled that the congressional plan adopted by Texas Republican leaders in 2011 was intentionally discriminatory in violation the U.S. Constitution and the Voting Rights Act.  The Court found violations in Corpus Christi, San Antonio, Austin and the DFW area.

The Plaintiff’s motion explains that the current congressional map retains many of the violations identified by the Court in the 2011 map; therefore, it should not be used in the 2018 election.  Plaintiffs wrote:

“Delaying entry of an injunction following this Court’s finding that the 2011 congressional plan was illegal and unconstitutional, and that elements of these violations persist in C235, would unjustifiably risk forcing Plaintiffs, and, indeed, millions of Texans to elect members of Congress under a legally invalid plan.”

The motion also lays out a timeline to configure a remedial map to use in the 2018 elections.  Texas Republican leaders are given until May 5, 2017 to submit a remedial plan to the Court. Plaintiffs will be required to respond to the state’s map by May 12, 2017.  An order confirming a final remedial map would be issued by July 1, 2017.

Lone Star Project Director Matt Angle released the following statement:
“Every Texan is harmed when statewide leaders engage in intentional discrimination, and no Texan should be subject to the results of an election conducted under an intentionally discriminatory congressional plan.

“The federal court in San Antonio has made clear time and again that they will protect the rights of Texans, and the plaintiffs have laid out a common-sense process to put a legal map in place.”

See here and here for the background. We’re going to need to get something going if there’s to be a chance to have a proper map in place for 2018. (And remember, this is just the Congressional map. We’re still waiting for a ruling on the legislative map, which may require the same process.) As the Trib notes, the state will oppose this motion, so that may draw things out further. We’ll see how it goes.

Court rules several Congressional districts were illegally drawn

Bam!

Some of Texas’ 36 congressional districts violate either the U.S. Constitution or the federal Voting Rights Act, a panel of federal judges ruled Friday.

In a long-delayed ruling, the judges ruled 2-1 that the Texas Legislature must redraw the political maps it most recently used for the 2016 elections.

Specifically, they pointed to Congressional District 23, which stretches from San Antonio to El Paso, takes in most of the Texas-Mexico border and is represented by Republican Will Hurd of Helotes; Congressional District 27, represented by Blake Farenthold, R-Corpus Christi; and Congressional District 35, a Central Texas district represented by Lloyd Doggett, D-Austin.

The 166-page ruling by the San Antonio-based district was the latest in a complicated case that dates back to 2011, and comes just two election cycles away from the next U.S. Census — when the state would draw a new map under normal circumstances.

In 2013, the district court found evidence that lawmakers intentionally discriminated when redrawing the boundaries. But the U.S. Supreme Court soon complicated the case when it struck down a key section of the Voting Rights Act that had forced Texas to seek permission before making changes to election procedures.

But that didn’t end the legal battle. The U.S. Department of Justice and other plaintiffs pressed on in the case, and Texas held elections using interim maps drawn by judges.

In its decision Friday, the court still found that “mapdrawers acted with an impermissible intent to dilute minority voting strength or otherwise violated the Fourteenth Amendment” of the Constitution.

“The Court finds that this evidence persuasively demonstrates that mapdrawers intentionally packed [concentrated certain populations] and cracked [diluted certain populations] on the basis of race (using race as a proxy for voting behavior) with the intent to dilute minority voting strength,” U.S. District Judges Orlando Garcia and Xavier Rodriguez wrote in the majority opinion.

In his dissenting opinion, Judge Jerry Smith of the U.S. Fifth Circuit Court of Appeals called the case moot under previous rulings, and he  sharply criticized the Justice Department.

Tale about a Friday news dump – I literally saw this on Facebook just before going to bed Friday night. We have been waiting forever for a ruling in this case. Note that this is only half of what we have been waiting for – there is still a ruling to come on the State House map, too. But for now, the status of the 2018 elections has changed. The Lone Star Project adds on.

The court singled out violations in the Corpus Christi region involving District 27 (Farenthold – R), in the South Texas/Border region involving District 23 (Hurd – R) and in the Austin to San Antonio region involving District 35 (Doggett – D). The Court also ruled that minority voters in the Dallas/Fort Worth area were illegally cracked under the 2011 map.

While it is too early to know exactly what changes will be made, it is fair to read the opinion as requiring that Hispanic voters put into Anglo-controlled CD27 in the current map must be returned to an effective Hispanic district, that Hispanic voting strength weakened in District 23 must be restored, and that District 35 in the Austin to San Antonio corridor will have to be modified to reunite minority voters in a far less fragmented district centered in Austin.

In Dallas/Fort Worth, the creation of District 33 (Veasey – D) in the current map may have resolved some of the blatant violations under the 2011 map; however, arguments will be made to repair remaining cracked Hispanic and African American neighborhoods in Dallas and Tarrant counties.

The ruling is a major victory for minority citizens and their advocates before the court. Minority advocacy groups including LULAC, NAACP, the Mexican American Legislative Caucus and citizen plaintiff groups led by Congressman Marc Veasey and State Representative Eddie Rodriguez had the courage to challenge the GOP map and the tenacity to stay with a long and difficult court battle. Their efforts have defended and protected the voting rights of thousands of otherwise disenfranchised Texas citizens. The Lone Star Project has been engaged in the Texas redistricting battle from the onset and will continue to provide support to key plaintiffs in this important effort.

We should expect the San Antonio Court to schedule a hearing soon to discuss the additional deliberations needed to fully resolve the case and to reach a final remedy. It is also likely that Governor Greg Abbott will refuse give up Texas GOP efforts to protect a discriminatory redistricting process and will direct state attorneys to explore appeal options.

I’d say it’s not “likely” that Abbott appeals, it’s a 100% gold-plated certainty. Rick Hasen quotes from the majority decision to explain what that “minority voters in the Dallas/Fort Worth area were illegally cracked under the 2011 map” means:

Plaintiffs have established a § 2 violation, both in terms of intent and effect, in South/West Texas. Plaintiffs have shown that seven compact majority-HCVAP districts could and should be drawn there that would substantially address the § 2 rights of Hispanic voters in South/West Texas, including Nueces County. Defendants’ decision to place Nueces County Hispanic voters in an Anglo district had the effect and was intended to dilute their opportunity to elect their candidate of choice.

Meanwhile, race predominated in the drawing of CD35, and Defendants’ decision to place majority- in Travis County was not to comply with the VRA but to minimize the number of Democrat districts in the plan overall. Plaintiffs have established a Shaw-type equal protection violation with regard to CD35. Plaintiffs also establish a Shaw-type equal protection violation with regard to CD23. In addition, Defendants’ manipulation of Latino voter turnout and cohesion in CD23 denied Latino voters equal opportunity and had the intent and effect of diluting Latino voter opportunity. Nueces County Hispanics and Hispanic voters in CD23 have proved their § 2 results and intentional vote dilution claims. The configurations of CD23, CD27, and CD35 in Plan C185 are therefore invalid.

Plaintiffs fail to proffer a demonstration plan accompanied by sufficient evidence to demonstrate that additional compact minority districts could be drawn in DFW or Houston, taking into account traditional redistricting principles and communities of interest. However, they are not precluded from raising § 2 results claims with regard to Plan C235 during the trial on that plan. Plaintiffs have proved intentional vote dilution through packing and cracking in DFW and also establish a Shaw-type racial gerrymandering claim with regard to CD26, but not CD6. However, they fail to prove intentional vote dilution in the Houston area, and fail to prove that mapdrawers acted with racially discriminatory purpose when drawing the districts represented by the African-American Congresspersons.

Well, okay, we’ll need to see a proposed remedy to understand what that means, but the bottom line is that four districts could be directly affected – CDs 23, 26, 27, and 35 – with ancillary changes to some number of adjoining districts. In a subsequent post, Hasen provides some extra guidance to this decision.

2. Bail in. It probably is not obvious to those not steeped in this area, but the big fight here is not about these particular districts (although that is important) but whether Texas gets put back under Section 5 preclearance for up to 10 years. That is possible under Section 3, the “bail-in” provision of the VRA which gives a court the ability to impose preclearance after a finding of intentional race discrimination. That finding is here, and the case is still going to go forward on that issue (as well as some other issues). Further, the finding of intentional race discrimination will almost certainly be relied on if, as I expect, the trial court in the Texas voter id case, finds intentional racial discrimination and orders bail in. So this is huge. (The caveat is how a Trump DOJ would enforce such rights if Trump is still in office. I’m not optimistic, and there’s no appeal of a DOJ decision to grant preclearance. Preclearance of post-2020 redistricting will depend on who wins the 2020 presidential elections.)

3. Race or party. I have been writing a lot about the race or party question: what to do about claims of racial discrimination when, as in the American South, race and party are so closely correlated. The majority approach, is subtle and sophisticated on this question, and seems to fall mostly on the party as a proxy for race (“party as race”) approach to the question. When you make it harder for minority voters to exercise political power for your own political reasons (such as protecting incumbents or your party), this counts as intentional race discrimination. Judge Smith takes the “race or party” approach, and he believes he knows what’s “really” going on: this is all about party, rather than race. It is either blind to the realities or ignoring the fact that these two criteria are really inseparable in Texas.

4. The remedy and what comes next. The trial court does not order anything to happen right now. The parties will fight about the remedy. Likely Texas will get a chance to redraw districts with some deference to Texas as to that which is not a violation. The parties will fight over the plans. And this will get dragged out. But presumably there will be new maps in place for the 2018 congressional elections, unless the Supreme Court intervenes. I fully expect Texas to try to get the Supreme Court to intervene in the interim. At most these lines would last 2 elections, and then we are back to a new round of redistricting. And this shows what is lost by preclearance. We’ve now had three elections that arguably should never have taken place under these lines.

There’s more, so read the rest. If this case proceeds from here as the post-2003 redistricting litigation did, we will get a bunch of November of 2018 special elections in these Congressional districts, with the possibility of special elections in some number of redrawn State House districts as well. If that doesn’t sound like your idea of fun, then you’re reading the wrong blog. Daily Kos and the Chron have more.

Effort to expedite redistricting ruling denied

From the Lone Star Project:

Earlier today, Federal District Court Judge Xavier Rodriguez denied the motion filed by the Texas congressional and State House redistricting plaintiffs calling on the three-judge federal district court in San Antonio to rule on the pending redistricting case.  Lone Star Project Director Matt Angle released the following statement:

“While we had hoped the motion for a judgment filed by the Plaintiffs in the ongoing Texas redistricting case last week would be granted, we appreciate that the Court’s order today shows that it is looking carefully at the voluminous record that has been assembled over the 5 plus years of litigation. We trust that when the three-judge court finishes its review, the court will conclude that Texas Republican leaders have intentionally discriminated against African American and Hispanic voters to such an extent that it hurts every Texas voter.”

See here for the background. In the original statement, the plaintiffs talked about going to the Fifth Circuit if they didn’t get some action here. It sounds like they may be backing off of that. All I can say is I hope we don’t have to wait too much longer.

When is Texas going to file that voter ID appeal?

The Lone Star Project would like to know.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

Last week, Texas AG Ken Paxton made a big show in the press by announcing that he would file an appeal with the U.S. Supreme Court challenging the ruling of the 5th Circuit Federal Court of Appeals that the Texas voter ID law is discriminatory in violation of the Voting Rights Act.  He bragged, “We’re going to take it to the highest court in the land and hopefully get this turned around.”

Yet now, more than a week later, Paxton hasn’t taken any action on the SCOTUS Appeal.  What gives?

Is Paxton scamming GOP activists?
Chances that the U.S. Supreme Court taking up the Texas case are not good, and the odds of him ultimately prevailing are worse.  The 5th Circuit U.S. Court of Appeals is the most conservative federal court in the nation, so it’s unlikely their finding of discrimination would be reversed.

Paxton’s advisors have likely informed him that a SCOTUS appeal is a longshot.  However, his political base is made up of the most extreme, divisive and irrational activists within the Texas Republican Party.  They drank the phony voter fraud Kool-Aid served up by Greg Abbott and other Republicans and likely won’t accept a rational legal decision.  Ken Paxton’s on the spot, so instead of shooting straight with his own supporters, he may be scamming them and stalling for time.

Is Paxton intentionally creating voter confusion through threats and delays?
The most likely reason for Paxton’s threat to appeal and his failure to follow through is to confuse voters and the media about what voting rules really will be followed in November.

By hitting the media talk show circuit and talking about a Supreme Court appeal, Paxton creates uncertainty.  At the same time, the state is issuing confusing and misleading documents implying that the overturned voter ID law remains unchanged.

And Paxton has gone far beyond talking about filing an appeal with the Supreme Court.  He went on Fox News and made a series of threatening remarks vowing to prosecute voters who may misunderstand or make a mistake under the new voting procedures.

Ken Paxton, Greg Abbott, and other Texas GOP leaders know that the most damaging aspect of their relentless insistence on a discriminatory voter ID law is that voters become uncertain about the rules and see the very act of voting as risky and intimidating.

Indeed, the announcement of an appeal was made on August 16. That was six days after the “softening” agreement was approved by the federal district court judge, and four full weeks after the Fifth Circuit ruling that affirmed the lower court ruling. I Am Not A Lawyer, and I know this sort of thing can take some time, but I don’t think it takes that long, especially given that the Fifth Circuit ruling was an en banc ruling that had affirmed the three-judge panel ruling last August. By the way, the state filed its request for an en banc review of that ruling in less than four weeks, so it’s not hard to conclude that they are taking their time here. And to be clear here, I don’t really care if they had decided to file an appeal or not. It’s that it’s not at all hard to believe, as the LSP alleges, that the main goal here is sowing confusion. If the intent is to file an appeal, then get on with it already. If not, then shut up and do what the court ordered.

Can we PLEASE get some action on redistricting?

From the Lone Star Project:

Earlier today, plaintiffs in the pending Texas congressional and state house redistricting case filed a motion with the presiding three-judge federal panel in San Antonio requesting a conference to discuss further action on the case.  The motion was jointly filed by the Quesada plaintiffs (supported by the Lone Star Project), NAACP, League of United Latin American Citizens and others.

The motion is straight-forward; it lays out that closing arguments on the claims against the 2011 maps originally adopted by the Texas Legislature were concluded on August 26, 2014, nearly two years ago.  The last action taken by the court simply clarified that it would not take any action that might disrupt the current 2016 elections.

Ideally, a conference will be ordered to lay out the timeline for further action on the case.  The motion notes that preparations for the 2018 elections begin in the fall of 2017, implying that action on the case is needed to prevent the possibility of impacting the 2018 election calendar.

In recent weeks, federal courts and judges on three separate occasions have struck down or ordered relief of voter ID laws, confirming that they discriminate against minority citizens in violation of the U.S. Voting Rights Act: A federal judge in Wisconsin ordered relief for Wisconsin’s discriminatory photo ID law; the Fifth Circuit Court of Appeals – widely considered the most conservative federal court in the nation – struck down the Texas voter ID law; and, [Friday], the Fourth Circuit Court of Appeals struck down the North Carolina voter suppression law.

Yes, it’s been two whole years since the trial over the 2011 State House maps came to an end. The trial over the 2011 Congressional maps ended a month later. And here we are, with no further action or even an indication that further action is forthcoming, even though last May we thought there might be. This is what the plaintiffs are asking for. Surely it is not too much to ask to have this matter concluded in time for the 2018 elections, is it? Rick Hasen has more.

Lone Star Project requests investigation of severance packages

From the inbox:

BagOfMoney

Today, Lone Star Project Director Matt Angle sent letters to the Texas Rangers, the State Auditor and the Travis County District Attorney requesting formal investigations into a series of questionable payments made by Attorney General Ken Paxton, State Agriculture Commissioner Sid Miller, State Land Commissioner George P. Bush and other state officials.

Improper Payments Detailed in Investigative News Reports

Widespread abuse of state employee compensation has been detailed in a series of investigative news reports by the Houston Chronicle, the Dallas Morning News and other Texas publications over recent weeks.  The reports point to the systematic use of “emergency leave” as well as document manipulation to allow some state employees to quit or be removed from their state jobs but continue receiving thousands of dollars in state pay.   In some cases, the payments appear intended to provide special treatment to politically connected or otherwise favored employees.  In other instances, the payments may be a form of hush money to keep specific employees from criticizing state officials or disclosing information that might prove incriminating or embarrassing.

Angle’s letter to the Texas Rangers can be seen here and reads in part:

“These reports confirm that, contrary to the intent of law, multiple statewide officeholders have provided certain employees with emergency leave packages as a form of severance pay or even settlement agreements.”

“The intentional misuse of state funds violates both the spirit and the letter of the emergency leave provision of state law and could be viewed by Texas taxpayers as the equivalent of tax-payer funded hush money.”

“Specifically, the facts outlined by state news media and Texas state law merit a full investigation of the Attorney General, Agriculture Commissioner, Land Commissioner, Teacher Retirement System, Water Development Board and potentially other agencies for violations of Texas Penal Code 39.02 (Abuse of Official Capacity), Section 36.02 (Bribery), and Section 37.10 (Tampering with a Government Record).”

See here and here for the background. I had assumed someone would file a complaint over this sooner or later. The Rangers and the State Auditor can add it to their growing to-do list. The Chron has more.

The Trib on the AG race

What do you do when you have an ethically compromised candidate on your ticket? Thank your lucky stars that you’re the majority party and hope like hell the challenger can’t get any traction.

Sen. Ken Paxton

A political candidate’s troubles are supposed to be a gold mine for the opposition, but that has not been the case with state Sen. Ken Paxton, the Republican nominee for attorney general.

His easy win in the Republican primary runoff in May was either a bafflement or a relief, depending on whether you were rooting for Paxton or his rival, state Rep. Dan Branch, of Dallas.

For Branch, it looked like a perfect setup. He’s a veteran legislator, a partner in a well-known Texas law firm, a member of the establishment.

And Paxton was in trouble.

The job in question is attorney general, the functional head of the state’s in-house law firm. Candidates like to talk about it as the top law enforcement position in the state — a bit of a stretch, since most criminal cases fall to local district and county attorneys, but a useful and effective exaggeration in a campaign.

Paxton committed a foul by failing to tell his clients and the State Securities Board about his relationship with a securities investment adviser. He looked into it, admitted the wrongdoing, amended some reports and paid a fine, then left Branch, who hoped to benefit from the revelations and admissions, in the dust. Branch received 36.6 percent of the vote to Paxton’s 63.4 percent.

That result was a vindication. Republican voters ignored the blot on Paxton’s résumé and looked instead to his conservative credentials, including a near endorsement from U.S. Sen. Ted Cruz, R-Texas. Ideology trumped biography, and it will take some new twist to get voters to reconsider.

Now Sam Houston, the Democratic nominee (no relation to the 19th-century soldier and politician), lies in wait. He starts from a weaker position, with less money, no experience in state office and no natural political base. It makes sense that Paxton, in a competitive primary and runoff, had to raise money and Houston did not. Experience is a mixed bag at a time when voters find incumbency suspect.

This time, the Democrats are trying to stir the pot, suggesting that prosecutors are looking at Paxton’s file and could act at any time. They are hoping to succeed where Branch failed, but an investigation or an indictment — especially in Travis County, that blue Democratic smudge on the bright red Republican map of Texas — could bounce the wrong way.

Those suggestions come from the Lone Star Project, which sent out this email last week with those claims. Among other things, they say that emissaries for House Speaker Joe Straus have met with Travis County prosecutors to urge quick action against Paxton. I’ve got to say, I find this all highly dubious. For one thing, it’s not clear that any criminal laws were broken by Paxton – the original story gave no indication that there was something for a DA’s office to look into. Paxton’s already received a slap on the wrist from the Texas State Securities Board, and again it seemed like that’s all the action there was going to be at the state level. There’s still the matter of the SEC complaint that was filed against Paxton. That could certainly turn into something, though I’m sure Paxton and his buddies would be just as happy to run against the evil federal government trying to persecute him as they would be running against the evil Travis County DA’s office. Whether that would work for him or not I couldn’t say, but it’s certainly a possibility.

Strategy-wise, to me the best tactic is to raise enough money for Sam Houston for him to run ads featuring these quotes from that same email the LPS sent out:

If that draws out Dan Branch to denounce Houston for implying that he now opposes Paxton’s November candidacy, that’s fine. I seriously doubt the publicity would be anything but a net positive for Houston. One million dollars is enough to run a week’s worth of TV ads statewide. Surely that’s not too much to ask for. This accompanying story on Houston quotes Republican operative Matt Mackowiak saying that $5 to $10 million is needed for “first-rate, truly competitive” race for attorney general. That would be ideal, sure, but give him enough for a week’s worth of ads plus some faith in the outrage machine driving some earned media of it, and I’d take my chances.

Alameel wants a refund

Good luck with that.

David Alameel

David Alameel

Just like his first run for office in 2012, David Alameel’s second bid for public office is drawing questions about his past campaign donations.

Alameel, the owner of a multimillion-dollar chain of dental clinics that caters to Hispanics, is one of five Democrats vying for the U.S. Senate seat currently held by Republican John Cornyn. In recent years, Alameel has emerged as one of the top donors to Democratic groups and candidates in the country. However, before 2010, his donations were more bipartisan. Over several years, he donated more than $750,000 to Republican candidates and groups, including $8,000 to Cornyn in 2004.

In a phone interview Monday, Alameel said he would not make the same donations to Republicans again.

“I want a refund right now because I believe John Cornyn and his Republican friends in Washington work for Wall Street and not Texans,” Alameel said. When asked if he regretted those earlier donations to Republicans, he reiterated that he wanted “a refund.”

Alameel said that his view of the Republican Party has changed in recent years.

“I used to think that Democrats and Republicans work together, but you know, it’s becoming more and more crystal clear that today’s Republican Party is far too extreme,” Alameel said. “John Cornyn is part of that extreme problem.”

Not clear from this story if he’s just asking for his $8K back from Cornyn or if he’s seeking to recover the whole enchilada. I kind of doubt it’s the latter, but if it is I don’t see how it happens. For that matter, Cornyn isn’t playing ball, either, and he does a nice bit of knife-twisting for good measure. Let this be a lesson about being careful to whom one makes political donations, kids.

There’s been a lot written about Alameel’s past history of political giving, with the Lone Star Project – a recipient of his largesse as well – highlighting his Dem-only track record since 2008, and the Maxer Scherr campaign understandably pushing his GOP donor history. Here’s a Google spreadhseet I’ve put together, based on a query of Alameel as a contributor, from January 1, 2000 forward, sorted chronologically. I’ve helpfully highlighted the Republican recipients, as best as I recognize them, for your convenience. As you can see, there are none after February of 2008, which is consistent with what the Lone Star Project has highlighted, but doesn’t explain the reasons behind the change.

I still haven’t gotten a date from Alameel’s campaign for an interview and at this point I’m not holding out much hope for one, so we’ll all have to decide for ourselves how sincere his apparent conversion is. At least by going from R to D no one can claim he’s doing it for the easier path to victory. Alameel has some other questions to answer as well, and I’m sorry I won’t get the chance to ask them, or to hear his answers for myself. I have no problem believing that Wendy Davis sees something worthwhile in Alameel, but I’m reserving my own judgment on that.

UPDATE: Sen. Leticia Van de Putte has endorsed Alameel, so she sees something in him as well.

You know you’re not supposed to do fundraising activities while in your official capacity, right?

Oops.

Shelli Miller

[On Wednesday], the Texas Democratic Party called on Rockwall County Clerk, Republican Shelli Miller, to close down the illegal campaign fundraising operation she is running within her official office to benefit a February 1st event featuring keynote speaker, Attorney General Greg Abbott.

Conducting campaign activities out of an official office is a direct violation of state law, punishable by a fine of up to $4,000 and up to a year in jail.

The Texas Democratic Party also called for an independent investigator to be named to conduct a formal criminal investigation.

Here’s What Happened

Republican Shelli Miller has been using her office and office employees to arrange for the purchase and pickup of tickets to a GOP fundraising event. Greg Abbott is the keynote speaker at the event, which will benefit him and other Republican candidates.

The Lone Star Project has confirmed the illegal activity by obtaining audio recordings of Shelli Miller and at least one other county employee arranging for the purchase and pickup of tickets to the GOP/Abbott event.

The use of official resources for political purposes is a violation of a number of state laws. For instance, it is illegal to accept political donations in certain government buildings under TEX. ELEC. CODE. § 253.039.

It is likely–if not certain–that Greg Abbott and/or someone on his staff was aware of the illegal activity. An independent investigation is required to assure proper enforcement of the laws broken by Rockwall County Republicans and perhaps by the Abbott Campaign itself.

Click over to hear the audio. As I drafted this last night, the only news coverage I saw of this was on the Rockwall Herald Banner and NPR station KETR, both of whom add a bit to the LSP report. We’ll see where it goes from here. BOR has more.

UPDATE: The DMN has a small story that doesn’t add anything new.

How Greg Abbott enabled the payday lenders

The Lone Star Project kicks it off:

Abbott’s Green Light to Predatory Lenders

Key AG document provided payday lenders a loophole to bilk Texans

Greg Abbott’s office issued the key document that has allowed payday lenders to operate outside of Texas usury laws and exploit Texans across our state. A letter issued from the office of the Attorney General carefully lays out that payday lenders in Texas can take advantage of a loophole used by credit service organizations to avoid Texas laws preventing unscrupulous lending. It is essentially a “how-to guide” for payday lenders to expand and grow their predatory lending businesses.

Payday lenders had been nervous about expanding their operations in Texas, but Abbott’s letter gave them the go-ahead they needed. The respected financial industry publicationAmerican Banker reported how payday lender Ace reacted to the Abbott letter:

“The Irving, Tex., company originally saw too much legal risk in the CSO setup, in which payday specialists can collect as much as 20% in fees for arranging a short-term loan from a third-party lender. But this month Texas’ attorney general, Greg Abbott, sent a letter to the state’s Office of Consumer Credit Commissioner saying that CSOs are permissible. So on an earnings conference call last week Ace said it will begin brokering loans as a credit service organization sometime in the next two quarters.” (American Banker, February 1, 2006)

Attorneys general in many states act aggressively to reign in abuse by predatory lenders like Cash America and ACE, but not Greg Abbott. In fact, Greg Abbott has been the payday lender industry’s facilitator and protector.

Abbott gave the green light, and pay day lenders hit the gas. Payday lender outlets have proliferated all across Texas during the Perry/Abbott era. In 2004, there were approximately 300 payday lenders in Texas. By 2011, there were over 3,000. Right now, there are more payday lending establishments in Texas than there are McDonald’s and Whataburger locations combined.

So, don’t look for Greg Abbott to jump on the bandwagon to get rid of William J. White or impose any more restrictions on predatory lenders, unless of course the payday lenders themselves or other Austin insiders give him the green light.

Background

Recent news reports have detailed that William J. White, the chairman of the Texas Finance Commission – the state agency intended to protect Texas consumers – attacked Texas consumers and defended predatory lenders over outrageous payday loans that result in borrowers being saddled with loan costs of sometimes more than 500 percent of the principal. White’s bottom line is that any Texan gouged by an unscrupulous payday lender is on their own and should blame themselves for their predicament.

State Senator Wendy Davis quickly and decisively called for White’s resignation.

Who is William J. White?

White is not just the chairman of the Texas Finance Commission, he is also vice president of Cash America, one of the largest and most notorious predatory lenders in the country. Cash America has hundreds of payday lending storefronts all across Texas, many of them right outside military bases where military families, who are often under financial pressure, are exploited. Earlier this year, Cash America was fined for abusive lending, and exploitation of military personnel was cited specifically. During the last legislative session, Cash America and other payday lenders spent over $4 million dollars lobbying the GOP-controlled Texas legislature.

Soaking Soldiers

A key target for predatory lenders is active-duty military personnel. It is no coincidence that payday lender storefronts proliferate around active-duty military bases and other installations. Holly Petraeus, head of the Office of Servicemembers Affairs at the Consumer Financial Protection Bureau, recently said that payday lenders congregate outside bases “like bears on a trout stream.” Current federal law is not sufficient to protect against predatory lenders, especially when state AGs like Abbott are predatory lender allies.

The El Paso Times fielded the ball:

Abbott’s campaign did not respond to a request for comment on Monday. It also has not responded when asked for more than a week whether Abbott believes the Texas payday lending industry needs to be reformed.

The El Paso City Council [debated on Tuesday] whether to enforce local limits on payday and auto-title lenders that in some cases charge annual interest at rates greater than 700 percent.

It and most other major Texas cities have passed ordinances in the face of unwillingness by the Legislature to place stricter limits on the industry.

Religious and charitable groups also have called for reforms of an industry they say traps poor people in a cycle of debt.

[…]

The concept of usury — unconscionably high interest rates — goes at least as far back as the Old Testament.

It’s also part of the Texas Constitution, which says that in the absence of legislation, interest rates in the state are limited to 10 percent a year.

Lenders that are licensed and regulated under Texas law face caps of their own. Commercial loans in most instances can’t exceed 18 percent except when the loan is greater than $250,000, when they can’t exceed 28 percent.

Auto loans can’t exceed 27 percent. Short-term loans by licensed lenders can’t exceed 150 percent and pawn loans can’t exceed 240 percent.

But the letter by the attorney general that was released Monday said fees associated with payday and title loans have no limits.

Emphasis mine. As PDiddie notes, the El Paso Times has led the way on this story. He also notes that recent Peggy Fikac column about Davis’ “oops” moment, in which her campaign got some campaign contribution figures confused. Abbott attacked her for that, and also for her vote to confirm William White in 2009. The difference between Davis and Abbott, as epitomized by Abbott’s snivelly refusal to answer a simple question, is that Davis recognizes that her initial action was in error, and is now willing to do something concrete about it. Abbott is just hiding behind a wall of “no comments”. That’s some kind of bold leadership right there. Meanwhile, also in the “let’s do something to fix what’s obviously broken” camp are Sens. John Whitmire, Rodney Ellis, and Sylvia Garcia, who joined the call for White to resign. Which won’t happen until Abbott and/or Rick Perry see that he’s a problem, too. Anyone want to bet on when that might happen?

The people want Wendy to run for Governor

The Democratic people certainly do.

Though speculation is still rampant on state Sen. Wendy Davis’ possible run for governor, some Democratic groups aren’t waiting for her call before pledging their support.

Annie’s List, a political group that supports Democratic female candidates, announced the launch of WeWantWendyDavis.com Tuesday after reserving the domain name earlier this week.

“Besides wanting to show Wendy Davis that she has a broad network of people who want her to run, we wanted to also ask people what they wanted to do to help her,” said executive director Grace Ann Garcia. “We consider this an online recruiting effort on our part.”

The website allows supporters to fill out a form indicating opportunities to support a possible gubernatorial bid, including hosting house parties, volunteering and donating money.

[…]

Battleground Texas, a Democratic campaign to make the heavily Republican state politically competitive, is also ramping up for a possible run, emailing supporters Tuesday with a petition to encourage Davis to run for governor.

“It’s clear that if Texas Democrats want any chance of beating Attorney General Greg Abbott and his multi-million dollar war chest next November, we need somebody strong to take on the challenge. I think Wendy’s just the right woman for the job,” executive director Jenn Brown wrote in the email. “But before she makes a decision, Wendy needs to know that you’re behind her.”

The petition also offers a free “I want Wendy” sticker to signees.

They’re hardly alone – the Lone Star Project, the TDP, BOR – those are just the ones I’ve heard of so far. My Facebook post about her reportedly making up her mind about running has already been shared 15 times, which is a record for me. Is it just me, or does there seem to be a lot more excitement about Wendy Davis’ possible candidacy than there has been about Greg Abbott‘s actual candidacy? I get that that and $1.25 gets you a ride on a Metro bus, and I get that there’s a novelty factor at play here, but still. When was the last time any Democrat got this much buzz for a statewide race? Maybe Ann Richards, but remember, when she ran for Governor in 1990, she was already a statewide officeholder (she was State Treasurer, an office that no longer exists) and she had to survive a nasty primary against then-AG Jim Mattox. Bill White got some decent fanfare in 2010, but he had been campaigning for a Senate special election that never happened, and he was going up against the Perry-KBH primary fight. I can honestly say I’ve never seen anything like this before. Again, it doesn’t mean anything yet, and who knows what things will be like in another six or twelve months, but you could do a lot worse for a campaign launch than this.

UPDATE: Stace is on board, too.

Abbott and CPRIT

From the Things Greg Abbott Should Have Been Doing Instead Of Filing All Those Lawsuits Against The Obama Administration, But Didn’t Do department.

Still not Greg Abbott

In the more than four years he served on the state cancer agency’s governing board, Texas Attorney General Greg Abbott exercised no oversight as the agency made misstep after misstep in awarding tens of millions of dollars to commercial interests.

The state’s top lawyer and watchdog instead appointed one of his deputies, who missed about a third of the Cancer Prevention and Research Institute of Texas Oversight Committee meetings, and, by all accounts, was not much of a presence in the agency’s questionable decision-making.

“It turns out that Abbott sitting on the oversight board was a green light rather than a caution sign,” wrote Matt Angle, director of the Lone Star Project, a Democratic political action committee. “Businesses backed by Abbott contributors – many of whom are partisan Republicans – have received large grants and contracts from CPRIT without fear of any oversight at all.”

The attorney general’s minimalist scrutiny of the cancer institute did not draw much attention when the Legislature lit into the agency during the regular session, but now that he is running for governor it is becoming a significant campaign issue.

“It is surprising to me that someone who is the attorney general would not attend board meetings of a fund that involves $3 billion in taxpayer dollars,” said Tom Pauken, who is vying with Abbott for the nomination for governor in next spring’s Republican primary.

Abbott’s role at the cancer agency has raised additional questions because of the investigation his office is conducting into the agency’s scandals. Critics question how he can objectively investigate alleged conflicts of interest and favoritism at the agency after his office did nothing to stop it. They also ask how he can look into possible impropriety involving donors that made contributions to the agency and later received grants when some of those donors also have given to Abbott and figure to be tapped again as his gubernatorial campaign kicks into gear.

[…]

A review of Abbott’s correspondence while his office was on the oversight board, obtained under the Texas Public Information Act, found nothing expressing concern about the agency.

“It’s nice to talk about suing Obama all of the time, but the attorney general has other duties,” Pauken said. “When there’s so much taxpayer money on the table, it is surprising that the attorney general would be asleep at the switch.”

[Abbott’s chief communications officer Jerry] Strickland dismissed criticism of the office’s lack of oversight as political.

“Given the failure of CPRIT staff to follow procedure and properly inform the Oversight Committee, it would have been impossible for any designee to fully brief the attorney general about what was happening because they were left in the dark about critical decisions and mistakes along the way,” Strickland wrote. “Presumably, that’s also why none of the oversight committee members appointed by the Governor, Lt. Governor or the Speaker raised issues about the grants. Despite their varied experiences and expertise, they simply were not provided with information that would have raised red flags.”

That has not stopped critics from noting that some of the agency’s most questionable grants went to companies affiliated with some of Abbott’s major donors.

Since 2001, James Leininger has donated $289,000 to Abbott, campaign finance records show, and Peter O’Donnell has contributed $130,000 during the same time period. Some political activists question these donations, noting that Leininger’s company, Caliber Biotherapuetics, received $12 million from the cancer agency for a scientific proposal despite receiving low scores from reviewers; O’Donnell invested in Peloton, whose $11 million award under­went no institutional review whatsoever.

Among Abbott’s critics is Glenn Smith, director of the liberal Progress Texas PAC, which filed a complaint against the cancer agency with prosecutors in Austin. Noting Abbott never attended a meeting, Smith asked, “Why would he? The scandal-plagued agency was funneling millions to Abbott’s contributors. From Abbott’s point of view the corruption was going swimmingly.”

There’s no dispute that Abbott was completely hands-off as a member of the CPRIT oversight board, that the person he picked as his proxy was lax about attending meetings, or that Abbott’s office never found any of the wrongdoing that was going on. His defense is that 1) he was no more compromised or clueless than any of the other board members, and 2) it’s all politics anyway. Good luck with that first argument is all I can say about that. If you’re trying to abet the case that we need real change in our state leadership and not just a shuffling of the deck, you’re doing fine. As for the complaint that it’s all politics, welcome to the big leagues. I’ve no doubt that politics is a part of this – the Lone Star Project was the originator of much of the information in this story – but that doesn’t mean there’s nothing to it. If you don’t have a substantive rebuttal to the charges then your accusation about politics will sound like you’re the one playing politics. Abbott’s not used to being in the spotlight, or to being scrutinized this closely. Time to raise your game, dude.

Two other views of Texas redistricting

Here’s a fascinating paper from the Harvard Election Data Archive that attempts to project how many Congressional seats each party will win based on statewide performance.

Based on the 2008 presidential election results, twenty-two of the twenty-three current Republican members of Congress will be in districts in which Republicans are expected to receive 55 percent of the vote or more, and eight of the nine current Democratic members of Congress will be in districts in which Democrats are expected to receive 55 percent of the vote or more. Democrat Lloyd Doggett’s 25th district will go from 60% Democratic to 55% Republican. Of the four new districts, two are districts where we expect Republicans to receive 55% or the vote or more, and two are districts where we expect Democrats to receive 55% of the vote or more. Consequently, if Doggett is defeated due to the shift of his district from heavily Democratic to Republican, the Republicans will increase their congressional delegation from twenty-three to twenty six seats, and the Democrats from nine to ten seats.[1]

Analysis of the plan also allows us to project the likely division of the legislature for different (hypothetical) divisions of the vote statewide. We plot these results on a seats-votes curve, where each point on the plot represents the percentage of seats that would be won by the Democrats for the given vote share.[2]

This curve reveals two important features of this plan. First, the plan has a partisan bias of 14-17%. Rather than winning 50% of the seats in the hypothetical case where the Democrats win 50% of the vote, the Democrats would win only 43-46% of the seats. To win 50% of the seats, the Democrats would need to win roughly 52-53% of the vote.

Second, the number of seats won by each party is constant for any Democratic share of the vote between thirty-seven and forty-eight percent. This range includes the recent statewide performance of most Democratic candidates over the last ten years, which has averaged 42%. This flat portion of the seats-votes curve indicates extremely low competitiveness in almost all of the congressional districts under this plan. Thus, the plan is not responsive to small changes in the vote share of either party in the range of vote shares that we expect in the next elections. All of the changes in the makeup of Texas’ congressional delegation are likely to be the result of the partisan decisions in the redistricting process, rather than from competitive congressional elections.

I don’t know what methodology they used, so I can’t evaluate that, and their graph isn’t very detailed and probably not exactly to scale – it sure looks to me like the step to an 11th Democratic seat comes at a lower point than 48% – but this is interesting anyway. If you look at the most recent table of 2008 electoral data that I posted, you can surmise which seats are most likely to flip in a better-than-expected year by the Dems. Obviously, there are plenty of other factors in play here – individual Congressfolk can outpace or lag the party average in their district based on their own individual qualities and those of their opponents – and external factors like demography and increased restrictions on voter eligibility may skew things further. But as I’ve said before, the opportunity to pick up a couple of Congressional seats should be a compelling reason for Team Obama to campaign in Texas next year.

Meanwhile, the Lone Star Project provides names and numbers for all of the Democratic-proposed alternate Congressional maps, some of which I had previously looked at. They also provide a useful update to the litigation situation:

  • Plans C122 & C123 are regional proposals made by the Mexican American Legal Defense and Education Fund (MALDEF). While the MALDEF proposals are not included in the comparison of statewide plans, MALDEF’s proposals will be examined and taken quite seriously during preclearance and other litigation. MALDEF is an important and influential voice in any ongoing litigation.
  • Other important litigants will likely include Mexican American Legislative Caucus (MALC), NAACP, plaintiffs affiliated with the Texas Justice Fund, some Texas Democratic Members of Congress and, of course, Governor Perry, Greg Abbott and the Secretary of State who will use taxpayer funds to defend and protect the Republican plan.
  • Congressional redistricting lawsuits are already pending in Federal Courts in San Antonio, Austin and Sherman. It is likely that the cases will be consolidated before substantive action is taken.
  • Finally, prior to any action in the Federal Courts in Texas, the State must seek preclearance or federal approval of the plan under Section 5 of the U.S. Voting Rights Act. It is expected that the Republican leadership will bypass the Department of Justice and seek preclearance from the U.S. District Court in Washington, DC. The DC Court is not necessarily a more favorable venue for the Republicans, but it will significantly increase the litigation costs for those opposing the State plan. Of course, Texas taxpayers are forced to pick up the large legal tab run up by the Republican leadership.

There has also now been a lawsuit filed by LULAC in the U.S. District Court’s Western District of Texas. That too may wind up being consolidated with other litigation, though as Greg notes this is probably the one to watch. If the previous two decades are any indicator, we should expect to see some kind of system edit for the 2016 elections.

More on the Seliger-Solomons plan

Rick Dunham has a nice analysis of the proposed Congressional map that’s worth your time to read. I disagree with him on two related points.

Republicans successfully shored up three districts they captured from Democrats in the past two election cycles — those held by Pete Olson of Sugar Land, Blake Farenthold of Corpus Christi and Francisco “Quico” Canseco of San Antonio.

[…]

Rep. Joe Barton is the only Republican to be put in jeopardy by the GOP line-drawers. His Dallas-area district becomes more Hispanic and is probably a political toss-up. Barton decided to take the high road when I sought his reaction: “I think this map is a great starting point,” he said. “And it is positive that the House and Senate redistricting chairmen joined together and put forth a public map. Now open debate can begin.”

To see where I disagree, let’s look at a breakdown of the districts by 2008 electoral results. I’m using the Obama and Sam Houston numbers to divide these districts into different groups. First, the Safe Republicans:


Dist Obama Houston ======================= 01 30.40 37.01 02 35.39 38.14 03 37.37 36.79 04 29.28 37.55 05 37.31 42.07 07 39.32 38.10 08 25.43 28.59 11 23.42 28.44 13 22.24 27.48 14 34.30 39.69 19 27.94 32.32 22 35.80 36.92 26 39.44 39.64

Some of these are likely to move into the next category over time. Keep an eye on districts 7, 22, and 26, as I think they’re the best bets to be affected by demographic change over the next decade. All this is assuming this is the map we get, of course, which is no sure bet, but we do have to start the conversation somewhere. Next is what I’d call the Likely Republicans:

Dist Obama Houston ======================= 06 41.67 44.29 10 43.81 44.14 12 42.50 43.10 17 40.71 43.98 21 42.51 40.48 24 40.55 39.91 25 42.40 43.63 27 40.78 46.28 31 42.61 42.47 32 43.79 43.63 33 42.64 43.90 36 41.02 47.46

Some of these are likelier than others. Despite the high Sam Houston numbers, I don’t really think that either CDs 27 or 36 are going to be seriously in play. They just have too much rural turf. Same for CDs 17 and 33. The ones I’d keep my eye on are CDs 32, 31, 21, 12, and yes, 06. But while Smokey Joe may have a slightly more purple district in this map, he’s not the GOPer on the most shaky ground. That goes to the one Lean Republican district:

Dist Obama Houston ======================= 23 47.19 49.27

I should note that both Linda Yanez and Susan Strawn won a majority in CD23, while all downballot Dems other than Jim Jordan had pluralities. It’s redder than it was before, but it sure as heck isn’t safe.

On the Democratic side, there’s not much to see:

Dist Obama Houston ======================= 15 59.15 61.90 20 58.40 58.15 34 59.11 62.85 09 76.42 76.77 16 66.44 68.68 18 79.48 78.71 28 60.40 63.33 29 65.18 70.09 30 81.87 82.08 35 60.70 61.16

For the sake of consistency, I’d call the first three Likely Dem and the latter seven Safe Dem. I don’t really think Congressmen Hinojosa or Gonzalez has much to fear, and whether it’s a Lucio or someone else I figure the Democratic nominee in CD34 would win easily.

So as drawn, this map would elect 10 or 11 Democrats, depending on how things broke in CD23, and 25 or 26 Republicans, though I would expect several Republican held districts to become more competitive over time. Again, all of this assumes that the final map is more or less the same as this one. Even without lawsuits and a Justice Department review, surely some aspects of this map will change. For those of you in Austin or who can get there today or tomorrow, the House Redistricting Committee will have a hearing this morning at 10:45, and the Senate will have a hearing Friday at 9. Be there if you can. A statement about the proposed map from the Texas Democratic Congressional delegation is beneath the fold, and an analysis of the plan plus a statement from the Lone Star Project is here.

(more…)

TDP to get KSP’s financial records

Good.

Houston tea party spinoff King Street Patriots will grant the Texas Democratic Party access to its financial records, forestalling an injunction hearing that had been set for Monday afternoon in Austin, according to TDP.

According to a TDP news release, review of the records will occur Tuesday at noon, with a hearing scheduled for Thursday in case TDP General Counsel Chad Dunn still has questions about what KSP has or has not disclosed.

TDP’s original information request was sent last Wednesday and demanded that KSP — as a registered Texas nonprofit corporation — turn over required records last Friday or today. On Friday, TDP announced it had scheduled the injunction hearing due to a lack of response from KSP, as the Texas Independent previously reported.

The Lone Star Project has started digging in, and this is what they’ve found so far:

King Street hiding source of $80,000

Though acknowledging the receipt of over $80,000, the King Street extremists refuse to disclose who contributed the money. Incredibly, the group contends that the funds were raised by “passing the hat” at their meetings. To put this outrageous claim into perspective, it would take 1,600 people contributing $50 each to raise $80,000 while a group of 400 people would have to contribute an average of $200 each. According to activist participants, the King Street extremists’ meeting space could barely hold 200 people, yet they claim to have raised as much as $15,000 at a single meeting simply by “passing the hat.”

Given their reluctance to come clean on their contributors, depositions taken under oath will likely be necessary to expose the actual sources and amounts of funds raised and spent by the King Street extremists.

Multiple Ties to Republican Party Activists and Party Officers
As expected, the documents show that the King Street activists operate more like an arm of the Republican Party than any non-profit organization:

  • Office space provided by close supporters of Texas Republican Party Chair
  • Online and communication services provided by key Swift Boat player
  • Cash payments to a right-wing extremist website

There’s more, so check it out. I can’t wait to see what the depositions turn up. And kudos to the Independent, which has owned this story. I still haven’t seen any reporting on it in the Chron. On a related note, former City Council member Carroll Robinson has sent a letter to Attorney General Eric Holder asking for election monitors to be sent to Harris County to “ensure that the voting rights of all the residents of the county are protected”. We’ll see what happens with that.

The redistricting battle is fought one State House seat at a time

The Democratic Legislative Campaign Committee (DLCC) is the State House version of the DCCC. With 2011 being a redistricting year, the DLCC takes a more prominent role in the November elections than it would in other years, and with the Texas Lege being fairly balanced, they’ll be paying some attention to our state and its legislative races.

The national committee, which provides financial support to Democratic candidates in state legislative races, will spend $20 million in an effort to take control of 21 legislative chambers in 17 states, a spokesman said.

[…]

The $20 million in committee money in the current cycle far outpaces what the organization has spent in the past. The committee spent $12 million on state races in 2008 and $10 million in 2006, spokesman Matt Compton said.

The committee hasn’t decided how to allocate the money for the November elections, he said.

One potential recipient could be the Texas House Democratic Campaign Committee, which operates to elect Democrats to the state House.

Coleman said Democrats have many opportunities to pick up House seats.

“There are several targets, and most of them are open seats,” said Coleman, a board member of the Democratic Legislative Campaign Committee.

But “our primary objective is to protect incumbents.”

Obviously, we’re still very early in the game, and that $20 million represents a goal, not a bank balance. Assuming the money gets raised, the candidates themselves still have to demonstrate they’re worth the investment, which in this case means competing with hopefuls around the country. In other words, don’t go ordering any ad packages based on DLCC money just yet. When and if that money does come this way, you can get an idea of which races it may get spent in by taking a peek at this Lone Star Project report, which covers most of the likely takeover targets. The Dems have a number of seats to defend as well, and like the takeover list that may grow or shrink depending on things like how everyone involved does with their own fundraising.

“McCaul Drops The Ball”

Following up on the reports about BAE Systems and the curious claims by Rep. Mike McCaul that his office had been “in regular contact with BAE Systems” during the bidding process, yet none of that communication was written, the Lone Star Project has a few questions for him.

• What specifically did you communicate to the Army in “late 2007?” Was it by mail or telephone? Can you produce all copies of your communication?

• If you were informed of the potential problem in 2007, what did you do to advocate for the Sealy plant officially and unofficially?

• Did you formally notify and ask for assistance from your fellow local, State and Federal officeholders regarding the potential job loss?

• You claimed that “my office has been in regular contact with BAE Systems prior to and during the rebid process.” Can you produce any documents that confirm “regular” communications?

• Since being elected to Congress from the 10th District, but prior to the loss of the BAE contract, have you spoken even once on the House floor promoting the quality of work and the importance of the mission at BAE Systems plant in Sealy?

We’ll see if McCaul has any answers. BOR has more.

Both sides may claim victory, but that doesn’t mean they both achieved it

As you know, last week there was a settlement reached in the lawsuit against the Harris County Tax Assessor’s office over allegations that they improperly rejected thousands of voter registration applications last year. Shortly after that agreement was signed, the Lone Star Project touted it as a major victory for the plaintiffs, who got vindication on many of their claims and agreement from the Tax Assessor’s office to do things differently in several key areas. Earlier this week, the Tax Assessor’s office sent out a press release saying that it was they who had been proven right. Some lawsuits allow for win-win resolutions, but this one struck me as more of a zero-sum endeavor. So who really did win? According to this Chron editorial that praised the settlement, it wasn’t Leo Vasquez.

Vasquez issued a statement calling the settlement a vindication from baseless allegations. But the specified changes in the tax-office procedures for handling registration applications make it clear that the original complaints were anything but frivolous.

The settlement requires that the office’s voter registrar must either process a registration application or notify the applicant why the paperwork is being rejected within the state-mandated seven days.

The registrar must also provide within three business days, upon request by chairs of political parties, reports of all voters registered, applications received, the number rejected, and the names and addresses of those affected.

The settlement also prohibits employees and contractors working for the tax office’s voter section from “having other employment or financial interests in any outside company providing voter information to any candidate, political party, or other person or entity.”

Well, the settlement does include no admission of wrongdoing, as is often the case in situations like this. If Vasquez wants to hang his hat on that, it’s fine by me. I’ll take the substantive changes that were made, and will look forward to ensuring that what happened in 2008 never happens again. You can read the agreement here and judge for yourself.

Harris County voter registration issues get national coverage

Lou Dubose, onetime editor of the Texas Observer and Tom DeLay biographer has written a story for the Washington Spectator about the shenanigans in the Harris County Tax Assessor’s office with voter registration. You can read it here (PDF), thanks to the Lone Star Project. There’s some information in there I hadn’t seen before, and it’s a good overview if you’re just tuning in now. Check it out.

The CW on KBH

As Sen. Kay Bailey Hutchison gets set to launch her listening announcement tour of Texas, Gardner Selby brings us a conventional wisdom roundup of the state of her campaign.

To win, Hutchison faces a daunting task — making a case against Gov. Rick Perry that attracts both conservatives accustomed to leaning his way and voters who typically sit out party primaries. Her supporters might even cast the March 2 Republican primary as tantamount to the November election since no Democratic gubernatorial candidate has won since 1990.

Hutchison’s campaign manager, however, dismissed the notion that Hutchison must lure non-Republicans to vote.

Terry Sullivan, noting that Perry has never had a serious primary challenger, predicted that Hutchison will prevail by exciting traditional GOP voters.

“The premise that Democrats are turning out in a Republican primary is absurd,” he said.

Dude, KBH has never had a serious primary challenger, either. For that matter, she hasn’t had a well-funded challenger of any kind since 1994, while Rick Perry has had them in every election since 1998. It’s not Rick Perry that has to show he’s up to the task.

As for the bit about Democrats not turning out in the Republican primary, I think that’s probably true, and so does the Lone Star Project. But I also think that six or twelve months ago, the prevailing opinion was precisely that KBH was going to try to lure non-traditional GOP voters into the primary to support her. Maybe that was wrong then, and maybe it’s just become clear that this strategy is a non-starter for her, but this isn’t how it always was.

Mari Woodlief, president of Dallas-based Allyn Media, said Hutchison can build momentum by quitting her Senate seat and demonstrating a full-hearted commitment to becoming governor.

“Every day that she is in Texas campaigning, her campaign will move forward,” Woodlief said.

Hutchison, who passed up gubernatorial runs in 2002 and 2006, has said she plans to resign in October or November. She doesn’t plan to specify a resignation date in her kickoff tour. Doing so, Sullivan said, would step on the rest of her opening message.

KBH has stepped on her message before, so I suppose it’s a good sign that her team recognizes the potential pitfall. Now I’m just wondering if she’ll have a separate tour of Texas to announce her resignation from the Senate. Assuming she does resign, of course.

Thomas Graham, president of Crosswinds Communications in Austin, said, “Her message will be results, not politics, but the voters are likely to look at the results and say, ‘You know, things are pretty good right here in Texas, especially when you look around at the rest of the country.’ ”

I’m sorry, but I find it tedious and pretentious when politicians run on a message that they’re not really politicians and what they do isn’t about politics. I realize that I’m an exception in that I don’t think there’s anything wrong with being a politician, or with being good at politics, which is generally the way one gets results in office, but because of that I find such messages to be lame. Especially when coming from someone who’s been an elected officeholder for 20 years or more.

A veteran GOP operative, speaking on condition of anonymity, suggested that Perry and Hutchison ignore each other and focus on individual “leadership” messages.

“Obviously, Hutchison’s attacks on Perry have only helped Perry gain attention, credibility and the lead,” he said. “And if Perry attacks her, it will seesaw back her way. Both are well-liked and well-known (among Republicans). In short, if both camps launch holy wars against each other, it will turn off voters and lower turnout. Whichever camp figures this out will win.”

Anybody think either camp is going to take the suggestion to ignore the other candidate? Me neither.

Lone Star Project on Bohac

Last week, the Lone Star Project took a look at how now-reassigned Associate Voter Registrar Ed Johnson got his hands on drivers license data, which he and his business partner State Rep. Dwayne Bohac then used to sell campaign data services to various Republican candidates. Now they’re taking a closer look at what Bohac has done in the Lege to further their enterprise.

Bohac’s “Catch 22” Bill
Dwayne Bohac wrote and passed a bill to alter voter registration forms, thereby creating a bureaucratic loophole later used to deny thousands of Harris County voter registration applications.

  • During the 2005 Texas Legislative Session, Bohac authored HB 1268, which, on its face, seemed rather innocuous but created a confusing “Catch 22” technical requirement that voter registration applicants must “check” a new box on the form based on whether they provided a driver’s license number or a Social Security number on the form to verify their eligibility to vote. With the passage of the bill, voter registrars could choose to reject as incomplete any application where new voters failed to “check” a box – or “checked” the box when they shouldn’t have – even if the application otherwise included the driver’s license or social security information needed to verify the applicant’s eligibility.
  • In fact, Bohac was referenced in a letter from the Secretary of State’s Office to the U.S. Department of Justice during the preclearance process of the bill.
  • Bohac’s “inside man” AND business partner at Campaign Data Systems, Ed Johnson, who was the Associate Voter Registrar in Harris County until being reassigned last week, aggressively used the Bohac “Catch 22” bill to help reject more than 70,000 Harris County registration applications. By comparison, Dallas County did not reject applications based only upon the Bohac “Catch 22” provision and, as a result rejected only 1,800 registration applications.

Bohac Calls on Business Partner to Testify
Bohac uses his “inside man” for more than just business, as Johnson has also been involved in Bohac’s legislative work. In the past two legislative sessions, Johnson has registered to testify in favor of eight bills that his boss, Bohac, authored. In four of the hearings, he was the only person to testify in favor of Bohac’s bills. There is no evidence that Dwayne Bohac or Ed Johnson disclosed their business partnership. Article 3, Sec. 22 of the Texas Constitution states that “A member who has a personal or private interest in any measure or bill, proposed, or pending before the Legislature” must disclose the relationship and cannot vote on the legislation.

I wonder at what point the Attorney General should be getting involved in this. Of course, Bohac isn’t a Democrat, so Greg Abbott is unlikely to be interested. But in theory, one wonders at what point the AG should be getting involved.

Hammerlein, too

The Chron confirms the Lone Star Project report about Ed Johnson being reassigned in the Harris County Tax Assessor’s office, and adds on to it.

Two Harris County officials at the center of an ongoing dispute over what the Texas Democratic Party claims was an orchestrated effort to purge thousands of voters for partisan political reasons have been reassigned to duties outside the voter registration office, Tax Assessor-Collector Leo Vasquez said Friday.

Vasquez insisted the removal of Ed Johnson and George Hammerlein from voter registration duties was part of a larger office reorganization and was not related to a federal lawsuit by the Texas Democratic Party challenging the way the office handles the voter rolls.

Johnson’s impartiality has been questioned by Democratic Party officials, who noted that the associate voter registrar also was a paid director for Computer Data Systems, a private company owned by state Rep. Dwayne Bohac, R-Houston, that sells voter registration data to Republican candidates.

“It has absolutely nothing to do with any outside influence,“ Vasquez said of the personnel shuffle. “Two of the people in the voter registration office, I thought their skill sets were better used elsewhere.”

The reorganization, he said, involves 20 employees.

Mighty convenient for this sort of thing to happen now and to have nothing to do with any pending legal dispute, that’s all I can say. Getting those two away from voter registration data did need to happen, though, so as far as that goes it’s all good.

LSP says Johnson reassigned from voter registration duties

Here’s their report.

The Lone Star Project has learned that Republican Tax Assessor-Collector Leo Vasquez has reassigned Associate Voter Registrar Ed Johnson from voter registration duties to a communications role. Johnson was exposed by the Lone Star Project as “the inside man” to Republican elected officials, particularly State Rep. Dwayne Bohac (HD138-Houston).

Vasquez’s actions appear to be a cynical attempt to distract attention from an ongoing lawsuit in which Vasquez is seeking to withhold documents and other records that would likely confirm that his office improperly rejected as many as 70,000 voter registration applications and improperly handled more than 1,200 provisional ballots.

I haven’t seen this reported anywhere else as yet, so it’s an unconfirmed report. But not a surprising one.

Where’d that driver’s license data come from?

The Lone Star Project revisits the matter of Ed Johnson and Dwayne Bohac and their cozy relationship as business partners with a real in at the Harris County Tax Assessor’s office.

Last month, the Lone Star Project revealed that Harris County Associate Voter Registrar, Ed Johnson, is a paid employee of a GOP political consulting firm, Campaign Data Systems (CDS), owned by Republican State Representative Dwayne Bohac.  On the firm’s website Bohac boasted that the CDS voter data file is enhanced by information culled from “driver license” records.  The contact name provided to obtain the data is Ed Johnson, Bohac’s business partner AND the Harris County Associate Voter Registrar. How did CDS get the drivers license records? It appears that Bohac obtained the records improperly by way of his “man on the inside” Ed Johnson.  Here are the relevant facts and documents:

  • Under Texas law, official driver license records can be obtained ONLY from the Department of Public Safety (DPS) after paying a considerable fee and signing an agreement that the records will not be sold or given to other individuals or organizations.
  • Documents obtained from the DPS by the Lone Star Project confirm that the Harris County Elections office obtained and received regular updates of Texas driver license records. When obtaining the records, Ed Johnson himself signed an agreement on behalf Harris County that he WOULD NOT make the information available to any other individual or organization.
  • The DPS also confirmed that neither Campaign Data Systems, Dwayne Bohac nor any CDS clients individually requested or received driver license records at any time.
  • The only direct link between driver license records and Campaign Data Systems is Ed Johnson, who appears to have improperly used driver license records from the Harris County Elections Office to enhance voter data sold by Campaign Data Systems.

Did Dwayne Bohac and Ed Johnson break the law?
Dwayne Bohac must either produce evidence that CDS obtained Texas Drivers License records from a source other than the Harris County Elections office OR admit that he lied to clients and did not enhance their voter data with driver license records. Otherwise, Dwayne Bohac and Ed Johnson conspired to illegally obtain Texas Driver License records and use them for commercial political purposes which is a violation under the Texas Transportation Code, Sec. 730.013, and the federal Driver Privacy Protection Act of 1994.

You can click over to see the documents themselves. More will be coming next week.

SCOTUS upholds Voting Rights Act

For now, anyway.

The Supreme Court ruled narrowly today in a challenge to the landmark Voting Rights Act, siding with a small Texas governing authority but sidestepping the larger constitutional issue.

The court, with only one justice in dissent, avoided the major questions raised over the federal government’s most powerful tool to prevent discriminatory voting changes since the mid-1960s.

The law requires all or parts of 16 states, mainly in the South, with a history of discrimination in voting to get approval in advance of making changes in the way elections are conducted.

The court said that the Northwest Austin Municipal Utility District No. 1 in Austin, Texas, can apply to opt out of the advance approval requirement, reversing a lower federal court that found it could not. The district would appear to meet the requirements to bail out, although the court did not pass judgment today on that point.

Five months after Barack Obama took office as the nation’s first African-American president, Chief Justice John Roberts said the justices decided not to determine whether dramatic civil rights gains means the advance approval requirement is no longer necessary. That larger issue, Roberts said, “is a difficult constitutional question we do not answer today.”

Debo Adegbile, the NAACP Legal Defense and Edicational Fund lawyer who argued for the preservation of the law at the high court, said, “The fact is, the case was filed to tear the heart out of the preclearance provision of the Voting Rights Act and that effort failed today.”

Good news. As Rick Hasen explains, this issue is sure to come up again soon, so the victory may be short-lived. But even if it is, the timing is fortunate. As the Lone Star Project puts it in an email about the ruling:

As a result, major changes to Texas election law, specifically a Voter Photo ID requirement and the 2011 redistricting plans, will be subject to review and approval by the Obama Justice Department.

The indications, from Governor Perry and everyone I’ve spoken to so far, is that the upcoming special session to reauthorize the state agencies that were left in limbo after sine die was going to be short and to the point. This ruling makes it even more likely that we’ve seen the last of voter ID legislation for this cycle. Adam B has more.

Chron reports on Ed Johnson

Here’s their story about Ed Johnson and his questionable side venture as a Republican consultant. It doesn’t add much to what we already know, but it does get some local reaction, including from Johnson’s boss, Harris County Tax Assessor Leo Vasquez.

Leo Vasquez, Harris County tax assessor-collector and voter registrar, issued a statement that dismissed complaints that Johnson’s job, which can include approving or rejecting voter applications, conflicts with his side business.

“Ed Johnson is an honorable man,” Vasquez said. “It is slanderous and absolutely reprehensible to suggest without evidence that he is involved in inappropriate activity with regard to voter registration in Harris County.”

Vasquez’s spokesman, Fred King, said Johnson has been in this type of business since the mid-1990s, so his involvement in voter registration data was no secret.

“His knowledge of compiling lists and his programming expertise are the reasons Paul Bettencourt (Vasquez’s predecessor) hired him,” King said. “Vasquez may have heard of Ed’s outside business before taking office since many candidates and campaign workers knew of it.”

If it weren’t for the fact that Bettencourt did so much, especially in recent years, to politicize the Tax Assessor’s office, Johnson’s moonlighting might not be a big deal. If it weren’t for the fact that there had been so many complaints, especially last year, about the way voter registration forms and provisional ballots were being handled, Johnson’s moonlighting might not be a big deal. If it weren’t for the fact that Johnson had spent so much time parroting Republican fairy tales about the need for voter ID legislation in testimony before the Lege, Johnson’s moonlighting might not be a big deal. Put it all together, though, and you come to the inescapable conclusion that Johnson’s moonlighting is in fact a big deal. Vasquez needs to get his head out of the sand about it.

Though it should be noted that he’s not the only Republican elected official doing the ostrich thing:

Harris County District Attorney Pat Lykos’ campaign paid more than $7,000 last year to CDS. She said late Wednesday her campaign hired CDS for targeted campaign mailers but she did not know about Johnson’s job with the county.

She insisted she saw no compromise of the elections office’s mission.

“I saw no conflict,” Lykos said.

So if it turns out that one of your ADAs has a side gig with a jury consultant who does a lot of work for criminal defense attorneys, that’ll be all right with you, Pat? I’m just checking.

More on Ed Johnson

As expected, the Lone Star Project adds quite a bit to the Ed Johnson story from yesterday. Boy, do they ever.

[Johnson] is a paid Republican campaign consultant. His company, Campaign Data Systems (CDS), has numerous Harris County Republican candidate as clients, including the Conservative Republicans of Harris County PAC, Senator Dan Patrick, and Congressman Michael McCaul. Republican State Representative Dwayne Bohac (HD 138) is also a principal owner of CDS. Johnson and Bohac are both listed on the Articles of Organization and on the CDS website as a person to contact. It is unacceptable that a county employee with unimpeded access to Voter Registration records, who can grant or deny the ability to vote to an individual, also works as a partisan political consultant.

Johnson Reviews Ballots for Harris County Races

Ed Johnson is a high-level employee in the Harris County voter registration department. In sworn testimony he has been described as, “pretty much the one that does everything.” (Deposition of Elizabeth Hernandez. Clerk/Processor)

It was also revealed that Johnson reviews provisional ballots in Harris County. Michelle Dixon, a 12 year veteran of the voter registration department said under oath that Johnson “opens the sealed envelopes of provisional ballot affidavits.” 17 year employee Kim Shoemaker said that “Ed Johnson will stand over us” during provisional ballot review. (Depositions of Michelle Dixon and Kim Shoemaker). The Houston Chronicle reported that white out was used on many provisional ballots before delivery to the Ballot Board. (Houston Chronicle, 11/12/08) Dixon also said that Johnson was in charge of purging voters from the system. (Depositions of Michelle Dixon)

You can see more excerpts from the depositions here; all such links are PDFs. This ought to be a dumb question, but does anyone really think that it’s okay for a person who works for candidates and interest groups of one political party to have that kind of influence over provisional ballots and the voter rolls? How is this not a massive conflict of interest? I know, another dumb question.

I don’t expect Johnson or anyone else in the Tax Assessor’s office, or the County Clerk’s office for that matter, to be apolitical. These are elected offices, and while the tasks they perform are clerical and should be done in a professional and nonpartisan manner, it’s fine and dandy for those tasks to be done by people who supported those elected officials. But being on the payroll of candidates and other political interests that depend on that job is going way too far. What Johnson is doing is wrong. What Dwayne Bohac did in not disclosing his business relationship with Johnson before he testified in Austin is wrong. What Leo Vasquez, and Paul Bettencourt before him, did in turning a blind eye to this (or worse, approving of it) is wrong. Johnson can work in the Tax Assessor’s office, or he can work for CDS. He can’t do both. EoW has more.

Oh, and by the way, you might notice that the links to the CDS company profile, and indeed to its home page are now 404’ing. I don’t know if this is a crude attempt to cover tracks or not, but there’s always Google cache when you need it. Nice try, Dwayne.

Ed Johnson’s conflict of interest

As you know, there was a lawsuit filed against Paul Bettencourt and the Harris County Tax Assessor’s office over allegations of illegal mishandling of provisional ballots in the past November election. That suit was later expanded to include allegations of voter disenfranchisement by Bettencourt’s office. According to KHOU, some mighty interesting facts have come out so far in the deposition phase.

“This is as blatant a case of election corruption that I have seen,” said Matt Angle of the Lone Star Project, a Democrat activist group.

The Lone Star Project’s complaint revolves around Ed Johnson.

Johnson is the associate voter registrar at the Harris County Tax Assessor Collectors office, but according to state documents, that’s just his day job. Johnson is also a paid director of a small company that provides voter data to Republican candidates for office. That company, Campaign Data Systems, billed at least $140,000 in 2008.

Campaign Data Systems happens to be owned by Republican State Rep. Dwayne Bohac, who also happens to be one of the big pushers of voter ID bills. Johnson testified before the Senate about supposed instances of vote fraud. He tells the Republicans what they want to hear in the guise of a nonpartisan election official, while being on their payroll. Nice little scam they’ve got going there, no? I think we all have a better idea now why State Reps. Garnet Coleman and Ana Hernandez called for appointed Tax Assessor Leo Vasquez’s resignation over Johnson’s (and George Hammerlein’s) testimony, and it makes Vasquez’s response look that much weaker.

I’m sure the Lone Star Project will have plenty more to say on this soon, and I’m looking forward to it. In the meantime, I’m thinking the campaign ads against Vasquez next year are going to write themselves. This is going to be fun.

Smith caves in to the Browns

No surprise, really.

Rep. Todd Smith, the Republican chairman of the House Committee on Elections, confirmed today he’s intending to have the committee vote Monday on a voter ID plan.

The twist: Smith is backing off his attempts to rewrite the plan.

Bowing to a request from two GOP colleagues, Smith simply intends to seek the committee’s approval of the Senate-approved version of Senate Bill 362.

Presuming the five Republicans on the committee stick together, this means that barring unforeseen hang-ups, a clean version of the Senate plan will ultimately be taken up on the House floor.

The colleagues, Reps. Betty Brown of Terrell and Linda Harper-Brown of Irving, had resisted Smith’s attempts to rewrite the Senate bill.

Well, we can’t say we weren’t warned. If there are any unforeseen hang-ups, the bill is dead, since Monday is the deadline for passing bills out of House committees. Which doesn’t mean it couldn’t be inserted as an amendment somewhere, of course, so even if it dies one way or another – has anyone talked to Reps. Tommy Merritt or Delwin Jones lately? – it’s not truly dead until sine die and the threat of a special session passes.

UPDATE: As noted in the comments, the Monday deadline is for House bills, so SB362 would be exempt from that. So I daresay the best hope is for it to not pass on the House floor.

Schieffer jumps in

We have a candidate, one not named Kinky.

Former U.S. Ambassador Tom Schieffer of Fort Worth has just announced he is taking his first formal step toward seeking the Democratic nomination for governor during a Texas Independence Day press conference in the State Capitol.

“At the very time when Texas desperately needs leadership, people worry that we are experiencing a crisis of leadership,” said Schieffer, the younger brother of CBS newsman Bob Schieffer.

Schieffer, who was still overcoming a bout with laryngitis, said he and his wife, Susanne Silber Schieffer, made a final decision about the race on Sunday.

Schieffer, 61, has been moving toward becoming a candidate since returning to Texas at the end of the Bush Administration in January after serving as Bush’s ambassador to Australia and Japan. The Schieffers traveled more than 4,000 miles around the perimeter of Texas in a homecoming road trip that reacquainted them with potential voters.

[…]

Before becoming a diplomat in the Bush administration, Schieffer was an investor in the partnership that bought the Texas Rangers baseball team in 1989, with Bush and Edward W. “Rusty” Rose. Schieffer served as team president for eight years, running the club’s day-to-day operations and overseeing the building of the Rangers’ ballpark in Arlington.

Politically, Schieffer, a Fort Worth attorney, was identified with the conservative-moderate wing of the Texas Democratic Party during the 1970s and 1980s and was active in the campaigns of such high-profile Democrats as U.S. Sen. Lloyd Bentsen, Gov. Mark White and Fort Worth Congressman Pete Geren. He was elected to the State Legtislature in 1972, at the age of 25, and served three terms.

OK, technically, Schieffer is still exploring, and won’t officially make up his mind for another two or three months. My guess is that unless someone who can lure away much of his financial support comes along, he’s in for real. You can read Schieffer’s prepared remarks here (PDF). Glenn Smith reacts favorably. McBlogger was already on board – he sees Sen. Van de Putte as a better fit at Lt. Guv. I can certainly see the merit in that, though if she decides to go for the top spot it certainly won’t break my heart. EoW is still skeptical, but willing to hear what Schieffer has to say. Vince is more skeptical.

I think LizeB summarizes the issue with Schieffer as succinctly as possible:

I’m having a tough time getting my mind around not regretting voting for Bush 4 times and wanting to be Dem candidate for guv.

I suspect we’ll hear the name “Tony Sanchez” a lot in the coming weeks. I can deal with Schieffer’s Bush associations – as McB says, there’s a lot of Dems out there who have them, and we need to come to terms with it. I’m pretty open-minded on this – I’ve advocated welcoming exiles (self-imposed and otherwise) from the Republican Party to our ranks, including as candidates. Schieffer’s much less of a concern on that score. What does concern me is that Schieffer is a man from a different era, coming home at a time when the state and the Democratic Party don’t look anything like his heyday. I want to know what Schieffer has to say about today’s issues, today’s direction of each party, and today’s solutions. I once said that I couldn’t “shake the feeling that [John] Sharp is a 1990 candidate wanting to run in 2010”, but at least he’s run for office in this century. I need to know Schieffer isn’t an oldies act, because that just isn’t going to do the job. He’s got the Lone Star Project on his side, and that will help address some of these issues, but that’s just a start. I look forward to hearing more, and the sooner the better.

UPDATE: BOR has video.