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Mike Lang

All have filed who are going to file

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

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

– News item #1: Commissioner Steve Radack retires.

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

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

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

[…]

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

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

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

[…]

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

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

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

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

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

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

Bonton is running for the seat again this cycle.

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

– News item #3:

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

– News item #4:

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

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

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

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

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

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

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

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

State Rep. Dwayne Bohac to retire

Another open seat for the Republicans to defend.

Rep. Dwayne Bohac

State Rep. Dwayne Bohac, R-Houston, announced Wednesday he is not seeking reelection.

Bohac won reelection last year by just 47 votes, and his retirement gives Democrats a ripe pickup opportunity as they push to flip the House in 2020.

“It is time for me to focus on my family, new callings in my life, and allow someone else the opportunity to have the honor to represent our community in the Texas Legislature,” Bohac said in a statement.

Bohac has served in the House since 2003.

Democrats are 10 seats removed from the House majority. That number is nine if they hold on to a vacant seat in a November special election as expected.

Two Democrats, Akilah Bacy and Josh Wallenstein, have already launched bids for Bohac’s House District 138 in 2020. The Democrat who gave Bohac a close call in 2018, Adam Milasincic, decided in April not to run again and gave his support to Bacy, a Houston attorney.

As we know, after that razor-thin victory by Bohac in 2018, HD138 is at the tippy-top of the Democratic target list for 2020. Beto got 52.7% in HD138, with Mike Collier and Justin Nelson and Kim Olson also taking a majority there. There were only three other districts in which Beto got a higher percentage and the Republican incumbent held on. One could credibly say that Dwayne Bohac overperformed in 2018, which is how he managed to stay in office. Republicans won’t have that advantage this time around.

Bohac didn’t have much cash on hand, so he won’t have much to bestow to whoever runs in his stead. I feel pretty confident that there will be plenty of money spent on this race. Sorry, Harris County GOP. Your to-do list for 2020 just got longer. The Chron has more.

UPDATE: Republican State Rep. Mike Lang also announced his retirement. Lang’s HD60 went 83% for Ted Cruz in 2018, so not exactly a pickup opportunity.

An early look at bills about voting

From the Texas Civil Rights Project.

Still the only voter ID anyone should need

Below are some bills to keep an eye on going forward.

SB74: Slashing early voting by seven days

In 2018, early voting in Texas surged, with over 4,514,000 Texans casting in-person ballots. To paraphrase more festive words, the folks down in Texas like early voting a lot. But Senator Bob Hall, who filed SB74 last Monday, apparently does not.

Current Texas law gives us 12 days of early voting in November elections. If early voting were a classic holiday song, it would describe the many types of people who vote early through lyrics such as: five souls to polls!four frequent fliersthree student voterstwo busy moms, and a guy who can’t get weekdays off. SB74 seeks to cut early voting from 12 days to only five for all November elections, getting rid of the only early voting weekend in the process.

Which makes complete sense. If you don’t want Texans to vote.

HB378: Proof of citizenship to register

It’s already hard to register to vote in Texas. Why not make it harder, and also add more racism? That seems to be the idea behind HB378, filed by Representative Mike Lang, which requires proof of citizenship to register to vote. As we know from recent history, the only people who will be asked to show proof of citizenship are people who get profiled as non-citizens. (Okay, we mean Latinx people. And black people. And basically everybody except white people.) Never mind that the Supreme Court declared the Arizona version of this law unconstitutional in 2013 and a district court did the same for the Kansas version just last summer.

HB154: Allows election officials to photograph voters and record voter documentation

The voter ID laws in Texas are already draconian, only allowing you to use a photo-less ID if you absolutely cannot get a photo ID and you swear that you are who you say you are. Representative Valoree Swanson’s HB 154 requires a voter using a non-photo ID—which, again, is 100% legal—to submit to being photographed by election officials. Under this bill, election officials can also act as democracy bouncers, forcing you to stop and pose if they suspect that you’re trying to vote using a fake ID. Nothing screams “Texas loves democracy” like a poll worker with a camera barking, “Turn to the right!”

There was a similar “proof of citizenship” bill last session. It died in committee like most bills do. I’m a little worried about it this session, and a little worried about the cut-early-voting bill, but only a little because both of those things would also inconvenience Republican voters. Nobody likes more bureaucracy, and nobody likes waiting on line. Always be vigilant, of course, but my gut says there will be other bills to worry about more. As the story notes there is also another attempt at doing an online voter registration bill. The good news here is that neither the Harris County Tax Assessor nor the Harris County Clerk will oppose such a bill any more. It’s still an underdog, but the odds are marginally better now. I’ll be keeping an eye on this sort of thing as usual.

Marijuana decriminalization bill passes House committee

Progress.

Rep. Joe Moody

The House Criminal Jurisprudence Committee advanced a marijuana decriminalization bill on Monday with the help of two Republicans.

With a 4–2 vote, the committee approved House Bill 81, authored by Chair Joe Moody, D-El Paso, at Monday’s hearing. Under HB 81, police would ticket someone caught with an ounce or less of marijuana rather than charging them with a Class B misdemeanor, which carries a punishment of up to six months in jail.

The measure passed with bipartisan support, but both no votes came from Republican freshmen — Cole Hefner, of Mt. Pleasant, and Mike Lang, of Granbury. Republicans Todd Hunter, of Corpus Christi, and Terry Wilson, of Marble Falls, joined the committee’s Democrats in advancing the bill beyond its first legislative hurdle.

“It is a fairly new concept in Texas not to criminalize conduct,” Moody told the Observer. “Part of the problem has been just getting people comfortable with the idea of treating this differently than we have in the past.”

[…]

Last session, Moody carried a nearly identical measure. Several Republicans, including David Simpson and Bryan Hughes — both of whom are no longer in the House — signed on to Moody’s bill as co-authors in 2013, but no GOP member supported the measure as a joint author, which is a greater show of support.

Moody will need all the help he can get from Republicans, including House Criminal Jurisprudence Committee Vice Chair Hunter, who voted in support of the bill on Monday. The proposal now advances to the Calendars Committee, which determines the flow of legislation into the full House. Hunter chairs the powerful committee, which comprises 10 Republicans and five Democrats.

Hunter will play a major role in determining whether HB 81 makes it to the House floor — further than any bill lessening penalties for marijuana offenses has made it in the legislative process.

I feel like this bill will have a decent chance to pass the House – it should at least get a vote, unless it becomes clear the numbers aren’t there for it. The prospects seem longer in the Senate, but at least now-Senator Bryan Hughes ought to support it. Even if it doesn’t go the distance, each step farther improves the odds that something like it can get passed in a future session. Public support is ahead of the Lege on this issue, and it will likely take a few more cycles to catch up.

Two election-related bills to watch

From the Texas Election Law Blog:

For this legislative session, Representative Mike Lang has filed two bills to further a couple longstanding goals that have been planks in the Texas Republican Party’s party platform; namely (1) enforcing voter registration by party (see party plank 66), and (2) drastically cutting down on the frequency with which elections take place (party plank 76).

I. CLOSING THE DOOR ON OPEN PRIMARIES – VOTER REGISTRATION BY PARTY

H.B. 1072 — Sometimes, voters who philosophically identify with one party or the other will “cross over” to vote for spoiler candidates who happen to be running for nomination in the other party’s primary election. To combat this, Representative Lang has authored legislation to enforce closed primaries by requiring voters to register by party

Voter registration by party is a common feature of registration in a number of states that have so-called “closed” primary elections, such as New Mexico, New York, and Oregon. (In this context, a primary election is “closed” if the election is administered in such a way as to exclude participation by voters who are not registered as members of the same party).

Current state law already specifies that by voting in a party primary, a person affiliates with that party for a full calendar year, and is prohibited from voting for or signing a nominating petition for any candidate not affiliated with that party.

But under current Texas law, registered voters are not compelled to self-identify as being members of one party or another, and functionally are unaffiliated with any party unless and until they decide to vote in one or another party primary election. Additionally, under current law, Texas voters aren’t permanently assigned to be members of one party or another.

H.B. 1072 proposes a change in the existing law by outlining a procedure for permanent voter registration by party affiliation in Texas.

[…]

II. FEWER ELECTIONS

H.B. 1271 – A reduction in the number and frequency of local elections is (as noted above) a key legislative goal of the Republican Party.

Prior to 2005 (and the enactment that year of H.B. 57, which eliminated the winter and summer election dates, and severely curtailed the capacity of local governments to order special elections for non-uniform election dates), elections in Texas were traditionally conducted on one of four days in a year. Winter elections took place in January (later moved to February), Spring elections happened in April (later moved to May), Summer elections were held in July (later moved to August), and Fall elections were held in November.

Winter elections tended (for reasons relating to fiscal budget cycles) to be bond elections for cities and school districts. Spring elections were officer elections for local governments. Summer elections were used for run-offs, local incorporations, and some small government officer elections. And the November elections were (as they are now) the “big show” – federal and state officer elections in even-numbered years, and state constitutional amendment elections in odd-numbered years.

In a bold stroke as part of an omnibus school finance bill enacted in the third called special legislative session in 2006, local elections in odd-numbered years were largely eliminated with a change in the Texas Education Code regarding school district board election schedules.

Subsequent legislative efforts have been focused on “cleaning up” all those nooks and crannies of state law that still permit some flexibility on election scheduling, in order to further limit the number of elections taking place in any particular year.

H.B. 1271 would get rid of all elections in odd-numbered years, and all May elections.

The bill would limit all elections (including bond elections, water district elections, local government elections of all forms, etc.), by requiring that these elections either take place on the same day as the political primaries or the statewide officer elections (i.e., the first Tuesday of March or the first Tuesday after the first Monday in November of even-numbered years).

The main effect of HB1072 would be to lower turnout in primary elections. There’s certainly a case to be made that only Republican voters should choose Republican candidates and only Democratic voters should choose Democratic candidates (*), which is not how it is with open primaries. I don’t have any particularly strong feelings about this bill, but as it is with many other bills these days I don’t see that there’s a problem that needs to be addressed. I’ve never felt the need to vote in a Republican primary, but I do know some people who have done that for a variety of personal and strategic reasons. I don’t see any reason to believe enough people do that to make a difference, but whatever.

As for HB1271, I recall during Tom Craddick’s time as Speaker that some people pushed for even-year-November-only elections on the grounds that it would make all elections more explicitly partisan, which (given that this was being pushed by conservative groups) would presumably redound to the benefit of the Republicans. I have a hard time understanding the logic of that now – in Houston, at least, the main effect would be for turnout in city elections to be much higher, with a more diverse electorate, which I think we can all agree would not be beneficial for Republican candidates. I’ll put it to you this way – under the pre-2011 Houston Council Council map, only Districts A, E, and G would be clearly Republican-leaning, with the city as a whole being easily over 60% Democratic. We would not have the Council we have today if our most recent city election had been this past November. Beyond the illusory “savings” outlined in the post, I’m honestly not sure what the goal of this bill would be, given who its supporters are. Be careful what you wish for, is what I’m saying.

(*) Green and Libertarian candidates are chosen by convention rather than primary, so this doesn’t directly apply to them.