Off the Kuff Rotating Header Image

Molly White

Win one, lose one at SCOTX

The win:

Early voting in Texas can begin Oct. 13, following the timeline the governor laid out months ago, the Texas Supreme Court ruled Wednesday, rejecting a request from several top Texas Republicans to limit the timeframe for voters to cast their ballots.

In July, Gov. Greg Abbott ordered that early voting for the general election in Texas begin nearly a week earlier than usual, a response to the coronavirus pandemic. But a number of prominent Republicans, including state party Chair Allen West, Agriculture Commissioner Sid Miller and several members of the Texas Legislature, challenged that timeframe in September, arguing that Abbott defied state election law, which dictates that early voting typically begins on the 17th day before an election — this year, Oct. 19.

Abbott added six days to the early voting period through an executive order, an exercise of the emergency powers he has leaned into during the virus crisis. The Republicans who sued him argued this was an overreach.

The state’s highest civil court, which is entirely held by Republicans, ruled that the GOP officials who sued challenging Abbott’s extension waited until the last minute to do so, when he had already extended early voting in the primary election and announced he would do the same for the general months ago. Chief Justice Nathan Hecht noted also that the election is already underway.

“To disrupt the long-planned election procedures as relators would have us do would threaten voter confusion,” he wrote in the opinion.

See here and here for some background, and here for the opinion. After noting that Abbott has “issued a long series of proclamations invoking the Act as authority to address the impact of the COVID-19 pandemic on a wide range of activities in the State” since his disaster declaration in March, the Court notes that the relators (the fancy legal name for “plaintiffs” in this kind of case) took their sweet time complaining about it:

Relators delayed in challenging the Governor’s July 27 proclamation for more than ten weeks after it was issued. They have not sought relief first in the lower courts that would have allowed a careful, thorough consideration of their arguments regarding the Act’s scope and constitutionality. Those arguments affect not only the impending election process but also implicate the Governor’s authority under the Act for the many other actions he has taken over the past six months. Relators’ delay precludes the consideration their claims require.

The dissent argues that relators acted diligently because they filed their petition in this Court four days after they received an email confirming that the Harris County Clerk intended to comply with the Governor’s July 27 proclamation. But relators’ challenge is to the validity of the proclamation, not the Clerk’s compliance.16 Relators could have asserted their challenge at any time in the past ten weeks. The dissent also argues that the Court has granted relief after similar delays. But none of the cases the dissent cites bears out its argument.17

Moreover, the election is already underway. The Harris County Clerk has represented to the Court that his office would accept mailed-in ballots beginning September 24. To disrupt the long-planned election procedures as relators would have us do would threaten voter confusion.

[…]

Mandamus is an “extraordinary” remedy that is “available only in limited circumstances.”20 When the record fails to show that petitioners have acted diligently to protect their rights, relief by mandamus is not available.21 The record here reflects no justification for relators’ lengthy delay.

The “dissent” refers to the dissenting opinion written by Justice John Devine, who was all along the biggest cheerleader for the vote suppressors. I have no particular quibble with this opinion, which seems correct and appropriate to me, but the grounds on which the mandamus is denied are awfully narrow, which gives me some concern. The Court may merely be recognizing the fact that there are several outstanding challenges to Abbott’s authority to use his executive powers in this fashion, relating to mask and shutdown orders as well as election issues, and they may simply want to leave that all undisturbed until the lower courts start to make their rulings. That too is fine and appropriate, but I can’t help but feel a little disquieted at the thought that maybe these guys could have succeeded if the timing (and their lawyering) had been better.

That ruling also settled the question of counties being able to accept mail ballots at dropoff locations during the early voting process – the relators had demanded that mail ballot dropoff be limited to Election Day only. None of this is related to the issue of how many dropoff locations there may be, which is being litigated in multiple other lawsuits, four now as of last report. We are still waiting on action from those cases.

On the negative side, SCOTX put the kibosh on County Clerk Chris Hollins’ plan to send out mail ballot applications to all registered voters in Harris County.

The state’s highest civil court ruled Wednesday that Hollins may not put the applications in the mail. The documents can be accessed online, and are often distributed by political campaigns, parties and other private organizations. But for a government official to proactively send them oversteps his authority, the court ruled.

“We conclude that the Election Code does not authorize the mailing proposed by the Harris County Clerk,” the court wrote in an unsigned per curiam opinion.

The Republican justices sent the case back to a lower court in Harris County to issue an injunction blocking Hollins from sending the mailers.

The county has already distributed the applications to voters who are at least 65, who automatically qualify for absentee ballots, and has also begun sending out the applications to other voters who requested them. An attorney for Hollins estimated last week that the county would send out about 1.7 million more applications if the court allowed.

See here and here for some background, here for a statement from Hollins, and here for the unanimous opinion, which is longer than the one in the first case. The Court goes into the many ways in which the Legislature has expressed its intent that most people should vote in person, and then sums up its view Clerks getting creative:

Hollins’ mass mailing of ballot applications would undercut the Secretary’s statutory duty to “maintain uniformity” in Texas’ elections, the Legislature’s “very deliberate[]” decision to authorize only discrete categories of Texans to vote by mail, and its intent that submission of an application be an action with legal gravity.43

Authority for Hollins’ proposed mass mailing can be implied from the Election Code only if it is necessarily part of an express grant—not simply convenient, but indispensable. Any reasonable doubt must be resolved against an implied grant of authority. Mass-mailing unsolicited ballot applications to voters ineligible to vote by mail cannot be said to be necessary or indispensable to the conduct of early voting. Even if it could be, doubt on the matter is certainly reasonable and must be resolved against recognizing implied authority. We hold that an early voting clerk lacks authority under the Election Code to mass-mail applications to vote by mail. The State has demonstrated success on the merits of its ultra vires claim.

I’ve discussed my views on this before, when the appeals court upheld the original order, and I don’t have anything to add to that. I agree with Michael Hurta that this case will be cited in future litigation that aims to limit what Texas localities can do to innovate, which is what Hollins was doing here. It’s basically another attack on local control, and as I replied to that tweet, it’s another item to the Democrats’ to do list when they are in a position to pass some laws.

I hate this ruling for a lot of reasons, but that right there is at the top of the list. The Court based its ruling in part on the fact that Hollins was doing something no one else had thought to try – “all election officials other than Hollins are discharging this duty in the way that they always have”, they say as part of their reasoning to slap Hollins down” – and while I can see the logic and reason in that, we’re in the middle of a fucking pandemic, and sometimes you have to step outside the box a bit to get things done in a manner that is safe and effective. I get where the Court is coming from, and I admit that allowing County Clerks to experiment and freelance has the potential to cause problems, but it sure would have been nice for the Court to at least recognize that Hollins’ actions, however unorthodox they may have been, did not come out of a vacuum. Clearly, the fact that the arguments in this case were heard via Zoom didn’t sink in with anyone.

On a practical level, I don’t know how many people would have voted via absentee ballot who would not have otherwise participated. Some number, to be sure, but I really don’t think it’s all that much. It’s the principle here, one part making it harder to vote and one part keeping the locals in line, that bothers me. As has been the case so many times, we’re going to have to win more elections and then change the laws if we want some progress. You know what to do. The Chron has more.

Paxton opposes Hotze mandamus to curb early voting

From Reform Austin:

In a brief filed with the Texas Supreme Court, Texas Attorney General Ken Paxton argues that the GOP group suing Gov. Greg Abbott to prevent him from extending early voting for the November election has no standing and has failed to prove any harm.

Conservative activist Steve Hotze and a long list of high-profile Texas Republicans claim Abbott is violating Texas election law and overstepping his authority without first consulting with the Texas Legislature.

Paxton counters that delegation of powers is both necessary and proper in certain circumstances.

“The Legislature properly exercised its delegation power when it enacted the Disaster Act because it contains adequate standards to guide its exercise,” Paxton’s brief reads. “It sets parameters for what constitutes a disaster, provides a standard for how the governor is to declare one, places limits on his emergency powers, and specifies when the disaster ends.”

See here for the background. A copy of the Paxton brief is here. The introduction is worth a read:

To the Honorable Supreme Court of Texas:

Relators direct their petition at the Secretary of State, even though they do not allege that she has undertaken or threatened to undertake any unlawful action. Neither the Governor’s July 27 proclamation (“the Proclamation”) nor the Election Code imposes any ministerial duty on the Secretary. And the provisions of the Election Code concerning early voting are administered by county election officials, not the Secretary of State. Although the Election Code designates the Secretary as Texas’s “chief election officer,” this Court has long held that does not give her generalized enforcement power over every provision of the Election Code. Moreover, the Proclamation independently binds each county’s early-voting clerk, so any mandamus issued against the Secretary would not remedy Relators’ grievances. Indeed, granting the relief Relators seek would have no impact at all—which makes this petition nothing more than a request for an advisory opinion.

Relators’ merits arguments are similarly misguided. They raise multiple constitutional challenges to the Disaster Act, but none is properly before this Court because the Disaster Act delegates no power to the Secretary. And in any event, the Governor’s discretion and authority under the Disaster Act are cabined by reasonable standards, so it is a lawful delegation of legislative power, and the July 27 Proclamation is a proper exercise of that delegated power.

Relators waited two months to file this mandamus petition, yet they ask this Court to “alter the election rules on the eve of an election.” Republican Nat’l Comm. v. Democratic Nat’l Comm., 140 S. Ct. 1205, 1207 (2020). They are not entitled to relief.

Well, now we know where Ken Paxton’s line in the sand is: He’ll value the Governor’s executive power over a challenge to voting rights. Well, he’ll value this Governor’s executive power over a challenge to this Governor’s use of that executive power to enhance voting rights. Good enough for these purposes, I suppose.

Other court documents related to this writ are here. There are now documents available relating to the latest Harris County writ as well, which you can find here. Responses to that are due today at 4 PM. Have I mentioned lately that I will be happy to ease up on all the legal blogging? Please get me past this election, that’s all I ask.

Hotze and crew appeal to SCOTX to stop the extra week of early voting

Here we go again.

Republican Gov. Greg Abbott is facing a lawsuit over his extension of early voting for the November election from prominent members of his own party — including state party Chairman Allen West, Agriculture Commissioner Sid Miller and members of the Texas Legislature.

In July, Abbott added six days to the early voting period, moving the start date up to Oct. 13 from Oct. 19, citing the coronavirus pandemic. In the lawsuit, filed Wednesday with the state Supreme Court, Abbott’s intra-party critics say the move defied election law that requires early voting to start on the 17th day before the election.

It is the latest legal challenge to Abbott’s emergency powers, which he has wielded aggressively in dealing with the pandemic.

“Governor Abbott seems to have forgotten that the Texas Constitution is not a document that he consults at his convenience,” Jared Woodfill, a lawyer for the plaintiffs, said in a statement. “It is an uninterrupted charter of governmental structure that limits the Governor Abbott’s ability to act as a king.”

The plaintiffs argue Abbott needs to consult the Legislature before making such decisions and that “if ever a special session was justified, now is the time.”

One of the plaintiffs is Steve Hotze, the Houston conservative activist who has launched several lawsuits against Abbott’s coronavirus response that has seen minimal success so far. But in the latest lawsuit, he is joined by not only West and Miller, but also three state senators and four state representatives, as well as the chairman of the Harris County party, Keith Nielsen, and the Republican National Committeeman from Texas, Robin Armstrong.

West, who took over the state party this summer, has openly expressed disagreement with aspects of Abbott’s coronavirus handling, including his statewide mask mandate and the early voting extension. West seemed to telegraph the lawsuit Tuesday, saying in a statement that he would be partnering with Hotze to make election integrity a “top priority.” West said in the same statement that he opposes the “extension of early voting through the decree of a single executive instead of through the legislative process.”

[…]

In addition to making the early voting period longer for the November election, Abbott gave voters more time to turn in their mail-in ballots in person if they choose to do so. Usually those voters are permitted to submit their ballots to the early voting clerk’s office in person instead of mailing them in — but only while polls are open on Election Day. Abbott’s expanded that option to the entire early voting period.

The lawsuit filed Wednesday additionally seeks to stop the extended period for submitting mail ballots in person, also calling the move inconsistent with the election code.

Before we go on, I should note that what was filed was not a lawsuit but a writ of mandamus. Hotze and a smaller crew of jackals had already filed a lawsuit in Travis County district court about a month ago. I presume this writ was filed because they weren’t going to get a ruling in time, and everything is an emergency as far as Hotze is concerned.

The Chron adds some detail.

In the 40-page petition filed Wednesday, the Republicans wrote that the extension was unlawful because the Texas Election Code defines the early voting periods as “the 17th day before election day … through the fourth day before election day,” and the time for in-person submission of mail-in ballots as “only while the polls are open on election day.” The petition seeks to force Secretary of State Ruth Hughs to stick to the timelines in the law.

Hotze has filed a number of lawsuits aimed at Abbott’s COVID-19 emergency orders; in the early voting suit, he again alleges that Abbott does not have the authority, even during a disaster, to suspend laws through executive order. Instead, he says, Abbott should have convened the Legislature.

“If ever a special session was justified, now is the time,” the petition states. “Abbott’s Executive Orders are unprecedented and have had life and death implications, destroyed small businesses and family’s livelihoods, have had a crippling effect on every single community, and now have the ability to impact local, state and national elections. As long as this Court allows it to occur, one person will continue to unilaterally make these decisions under the guise of an unconstitutional statute.”

The lawmakers involved in the suit are state Sens. Charles Perry, Donna Campbell and Pat Fallon and state Reps. Bill Zedler, Cecil Bell, Jr., Steve Toth and Dan Flynn. Additional relators include former state Reps. Matt Rinaldi, Rick Green and Molly White; Harris County Republican Party Chair Keith Nielson; and several other candidates and Republican group leaders.

This story notes the earlier lawsuit. Of interest is the larger group of legislators that have joined in, which distinguishes this action from earlier Hotze/Woodfill joints. Perhaps the election of Allen West, who is as bananas as Hotze, has lent an imprimatur of establishment approval to this kind of rogue action. That said, this is the Hotze clown car we’re talking about, so of course there’s some unintentional comedy involved:

Never stop never stopping, Stevie.

Anyway. You know my opinion on all this – there are some legitimate questions buried under the mountains of palaver, but they are being asked by the worst possible people. I think there’s a strong case to be made that the very nature of our biennial legislature, which is not paid as an occupation but as a temp gig, makes this claim about calling special sessions impossible. It’s just not something that the system is designed to accommodate. My guess is that SCOTX will give this the same reception as they’ve given all of Hotze’s other writs and motions during the COVID times, but you just never know. And I can’t wait to see how Ken Paxton responds to this.

On a side note, this comes as Steve Toth, yet another froth-at-the-mouth type, officially announced that he is unfriending Abbott, which by itself isn’t that interesting but lends some fuel to the speculation that Abbott is going to get a challenger from the far wingnut right in 2022. All I can say to that is that we damn well better have a good candidate ready and waiting for whoever survives that mud fight.

Hotze versus contact tracing

We should have expected this.

Conservative firebrand Steven Hotze has launched another lawsuit challenging Gov. Greg Abbott’s coronavirus response, joined by current and former lawmakers and several hundred business owners who argue the state’s contact tracing program infringes on their privacy and ability to make a living.

The civil action filed Monday in federal court takes on the disparate operating capacities the governor mandated in his “COVID-19 lottery,” claiming Abbott’s actions have limited restaurants and bars with 25 or 50 percent limits, while bicycle shops, liquor stores, pool cleaners and supermarkets are running at full tilt.

[…]

The lawsuit by Hotze includes nearly 1,500 names. Most are small business owners, but topping the list are state Rep. Bill Zedler, R-Arlington, former Republican state representatives Gary Elkins, of Houston, Molly White, of Bell County, Rick Green, of Hays County, and former party chair Cathie Adams, of Collin County.

The suit argues that Texas’ $295 million contract tracing program — aimed at tracking down all people exposed to an infected person — violates the first amendment, privacy, due process and equal protection provisions. Such tracking amounts to an illegal, warrantless search, the suit says. While tracing back contacts is supposed to be voluntary, it is enforced through local health departments based on a presumption of guilt for all people in proximity to a sick person, according to the lawsuit. It requires people to turn over names, call in with their temperature readings and assumes a person has COVID-19 unless they can prove otherwise, Woodfill said.

Woodfill said he believes this is the first federal challenge to contact tracing. He hopes it will set the tone for “how we as a government and as a people will deal with diseases that we don’t have a vaccine for yet.”

Yes, of course that’s Jared Woodfill, joined at the hip as ever with Hotze on these things. We had the original lawsuit against Harris County, over the stay-at-home order. That was then followed by the lawsuit against Abbott and Paxton over the statewide stay-at-home order, for which there is now an emergency petition before the State Supreme Court. Another lawsuit against Harris County was filed over Judge Hidalgo’s face mask order, a subject that may soon be relevant again. That one too has a motion before the Supreme Court for an emergency ruling. I am not aware of any rulings in any of these lawsuits, but sooner or later something will happen. Abbott’s contact tracing plan is full of problems, and as I’ve said before there are legitimate questions to be raised about Abbott’s various orders during this pandemic. For sure, the Lege should try to clarify matters in 2021. I would just greatly prefer to have these legitimate questions get asked by legitimate people, not con men and grifters. That’s not the world we live in, unfortunately.

All this got me to thinking: Why doesn’t Hotze announce that he’s running for Governor in 2022? He clearly has some strong opinions about the way the state is supposed to be run, and in doing so he has some stark disagreements with Greg Abbott. Just as clearly, he has some support among the wingnut fringe for those differing opinions. It seems unlikely he could win – among other things, Abbott has a gazillion dollars in his campaign treasury – but he could force a dialogue on his issues, and very likely could bring some real pressure on Abbott. He’s also the kind of preening egotist who’d think he’s got The People behind him. I’m just idly speculating, and maybe trying to stir up some trouble. I can’t help but think that this is the biggest public example of Republican-on-Republican rhetorical violence since Carole Keeton Strayhorn was Rick Perry’s main nemesis. (I’m not counting Kay Bailey Hutchison’s primary against Perry in 2010, since she barely showed up for it.) I don’t really think this is where Hotze is going, but if he does do something like this, would you be surprised? At this point, I would not be.

One recount settled

One down, one to go.

Challenger Hugh Shine secured victory Thursday in the Republican primary for Texas House District 55, defeating incumbent state Rep. Molly White by 104 votes after a recount, according to Bell County GOP chairwoman Nancy Boston.

“I am humbled by the faith and trust the voters of House District 55 have placed in me and I will work every day to be worthy of that trust,” Shine said in a statement. “I would like to personally thank Ms. White for her public service. I am hopeful we can have an orderly transition.”

White announced last week that she would request the recount after trailing Shine by 118 votes on election night.

[…]

Meanwhile, results in the other contest that remained uncertain after the March 1 primary — the second runoff spot in Senate District 1 — were still unsettled Thursday evening. Red Brown and state Rep. David Simpson, R-Longview, traded places intermittently throughout the week as results from provisional ballots across the district’s 16 counties came in.

At various points on Thursday, each candidate appeared to have won by a handful of votes as they contended for a chance to face state Rep. Bryan Hughes, R-Mineola, in a runoff to replace retiring state Sen. Kevin Eltife, R-Tyler. Once official canvassed results are finalized, the third-place candidate will have the opportunity to request a recount.

See here for the background. As Juanita put it, this was a contest between an ineffective bozo, and a regular Republican who can probably get stuff done. Which in this context may be a mixed blessing, though in the grand scheme of things it’s surely better. Congratulations to Rep.-elect Shine.

That Senate race is a doozy. The Kilgore Herald News gives a fuller picture of its status.

All the counties in Texas Senate District 1 have released revised vote tallies from the 2016 GOP Primary election. Canvassing is underway, but there’s still no clear verdict on who will face frontrunner Bryan Hughes in the May 24 run-off.

It will definitely be either James “Red” Brown or David Simpson. It will definitely be by an extraordinarily narrow margin. It will almost-definitely take a recount to determine whose name is also on the ballot two months from now.

[…]

With 298 precincts across 16 counties, there are (relatively) hard numbers from most of the district. However, multiple reports show a significant discrepancy in the numbers coming out of the area’s largest division, Smith County. It’s difficult right now to draw a firm conclusion absent a recount.

From the best numbers available at press time, there were 133,413 votes cast in the race between early polling, Super Tuesday, provisional ballots and absentee decisions (including those from members of the military serving overseas).

Incorporating the updated-but-uncertain figures, Hughes maintains his early lead. Giving up his Texas House District 5 seat to run for the senate post, the frontrunner still didn’t secure the 50 percent-plus-one he needed to win the race outright but kept his initial 47.99 percent share of the overall tally. Adding 179 additional votes after Monday’s late-deadline, he leaves primary polling with 64,023 ballots.

Likewise, the outlook didn’t change for fourth place: Queen City candidate Mike Lee collected 12,630 votes by the time the polls closed on Super Tuesday and picked up an additional 23 this week. As of Thursday afternoon, his final count rests at 12,653, a little less than 9.5 percent of the total. Lee has since endorsed Simpson.

As for the run-off, right now it looks to come down to one vote, according to the latest reports, and the new numbers have flipped the lead.

From initial Super Tuesday returns, Simpson (two-term representative for House District 7) had a 13-vote lead over Brown, a Tyler-area businessman and major general in the Army National Guard. It was a miniscule margin, 0.01 percent among 133,037 early and election day votes reported online at the Texas Secretary of States election results portal.

Updated data from 16 counties’ election officials trimmed and ultimately inverted the race for the number two spot in the run-off.

By Thursday, there were no changes to the tallies from Upshur, Morris, Franklin, Rusk and Panola counties. Gregg County reported 15 provisional ballots in Simpson’s favor to 11 for Brown. Between Marion, Wood, Red River, Bowie, Camp, Harrison, Titus, Lamar and Cass counties, Simpson picked up another 22 votes to Brown’s 14.

According to Smith County’s latest numbers online, each of the four candidates added a substantial number of ballots compared to other parts of the district.

Notably, the smith-county.com total for the race shows a difference of 228 votes from the total reported to the state March 1. This, despite a March 8 press release noting the county’s ballot board accepted and counted 136 of 447 possible provisional ballots.

“What we have on our website is the complete, unofficial final until this evening when we canvass,” Smith County Elections Administrator Karen Nelson said Thursday afternoon, noting an adjusted total of 48,202 votes there. Of those, 35,962 were cast in the senate race.

From the 228 votes added to Super Tuesday’s total, Hughes picked up 111, Brown drew 66, Simpson collected 39 and Lee saw an additional 12.

Those numbers put Brown at 28,369 votes to 28,368 for Simpson.

In the past week, Simpson first cautiously and then more confidently laid claim to the run-off spot. As of Thursday, Brown is pushing the figures that give him a one-vote lead, crediting his campaign staffers’ research reflecting the same.

“They’ve gone through it in meticulous detail. With all counties reporting, we’re up by one,” he said, acknowledging Simpson’s camp has different figures. “I think my folks have talked to Simpson’s folks, and they’ve reconciled that spreadsheet.”

Yowza. One stinking vote may be the difference between making the runoff or not making it. Every vote matters, y’all. For sure this one will go to a recount, and possibly to court after that. Thanks to Ed Sills for the link. The Current has more.

Two recounts may be in the works

There are always going to be some close ones.

After losing her reelection bid to Hugh Shine by 118 votes, state Rep. Molly White, R-Belton, announced she is requesting a recount.

In an email to supporters soliciting input Wednesday afternoon, White said that she is “still reeling in disbelief over the outcome of this election,” but she believes that an expected $1,800 price tag for a recount would be worth the cost. Later that day she posted to Facebook to announce that she would be moving forward with the recount request.

“We are at peace regardless of the results,” White wrote. “Ensuring fairness and accuracy with this election is essential for our community.”

In the Senate District 1 race to replace retiring state Sen. Kevin Eltife, R-Tyler, state Rep. Bryan Hughes, R-Mineola, fell short of the 50 percent threshold required to avoid a runoff. His current runoff opponent is expected to be fellow state Rep. David Simpson, R-Longview, who led a third candidate, James “Red” Brown, by a mere 13 votes.

Brown and Simpson spoke on Wednesday about a potential recount, according to officials on both campaigns. Both agreed that if they go down that path, they will do it together with Brown footing the bill. But the Brown campaign thinks Simpson’s 13-vote lead may not stand ahead of next week’s canvassing of the vote, a process in which the race’s results are made official.

Brown’s consultant Todd Olsen said there are more than 630 provisional or military ballots across the district which have not yet been counted. The campaign has heard from several voters since election day asking about how they complete the process to have their provisional ballot counted, according to Olsen.

See here for the totals in the Senate race, and here for the House race. Shine had a 624 vote lead in early voting and hung on for the win, while Bryan Hughes was over 50% in early voting, with Red Brown in what would have been a meaningless second place. The only successful recount I can think of in recent years was in CD28 when a bunch of late votes were found for Henry Cuellar against Ciro Rodriguez. But you never know, and it only costs some money to try. Trail Blazers has more.

2016 primaries: State races

Let’s start with the Democratic race for Railroad Commissioner, and a few words from Forrest Wilder:

Not that Gene Kelly

The Gene Kelly Effect: Texas Democrats are almost perennially embarrassed by what you might call the Gene Kelly Effect — the depressing tendency of many Democratic primary voters to vote for a name they recognize on the ballot, without any regard to the person’s experience or qualifications.

Gene Kelly is the clever/annoying fellow who shares a name with a long-dead dancer and ran repeatedly in the ’90s and ’00s, garnering millions of votes and forcing expensive and time-consuming runoff elections without even pretending to run a campaign. (Perhaps it’s also a reflection of the electorate’s average age, since the dancer Gene Kelly’s heyday was in the ’40s and ’50s.)

Though Gene Kelly hasn’t run for office since 2008, a new spoiler has arrived on the scene. His name is Grady Yarbrough and his last name sounds awfully similar to (but is in fact different from) Ralph Yarborough, the legendary liberal Texas senator. In 2012, Yarbrough won 26 percent of the vote in a four-way race to be the Democratic nominee for U.S. Senate. That was enough to muscle his way into a runoff with former state Representative Paul Sadler and score 37 percent of the vote.

This year, Yarbrough is running against former state Rep Lon Burnam and Democratic labor activist Cody Garrett for a spot on the Texas Railroad Commission. Burnam is by far the most serious candidate — if measured by endorsements, money raised, legislative experience, etc. Can Burnam (or Garrett) clear 50 percent and avoid a costly runoff, or will Yarbrough, like Gene Kelly, be singin’ in the rain (of ballots)?

Sadly, that was not to be, as Yarbrough led the field with about 40% and Burnam coming in third at 26%. I’ll be voting for Cody Garrett in the runoff, thanks. Burnam did raise a little money, but it was a pittance, the kind of total that would get you laughed at in a district City Council race. I’ve said this before and I’ll say it again, one of these days the big Democratic check-writers are going to have to realize that they need to robustly support qualified candidates in these low-profile primaries, or we’re going to stop getting any qualified candidates for these offices. I know that the Republican nominee is the overwhelming favorite to win in November, but that’s not the point, and besides, who knows what might happen with Trump at the top of the GOP ticket. One of these days a Democrat is going to win one of these races, and if we’re not careful it’s going to be whatever schmo that bothered to pay the filing fee. Do we want to avoid that fate or actively court it?

Anyway. The marquee race was the rematch in SD26, and it was headed for the same result as before, with Sen. Jose Menendez holding a comfortable lead. However you viewed this race, I’m sad for TMF and sorry to see him leave the scene. He’ll be missed. Congratulations, Sen. Menendez. Also winning, by a much wider margin, was Sen. Carlos Uresti over the widow of former Sen. Frank Madla.

For the State House races, I had said yesterday that I was a little worried about the four Harris County Democratic incumbents who had drawn challengers. Thankfully, I had nothing to worry about. Reps. Alma Allen and Jessica Farrar cruised with nearly 90% (!) of the vote, while Gene Wu and Hubert Vo were up by two-to-one margins. Whew! There was good news also out of El Paso, where Rep. Mary Gonzalez was over 60% against former Rep. Chente Quintanilla. In not so good news, Rep. Ron Reynolds was headed towards a clear win in HD27. All I can say is that I hope he’s not in jail when the gavel bangs next January. As long as he’s still in office, any calls for Ken Paxton to resign are going to ring just a little hollow.

For the open seat races, Randy Bates led in early voting in HD139, but as the evening wore on he was passed by Kimberly Willis and Jarvis Johnson. Former Rep. Mary Ann Perez started slowly but eventually won a majority in HD144, with Cody Ray Wheeler next in line behind her. Other races of interest:

HD49: Gina Hinojosa, daughter of TDP Chair Gilbert Hinojosa, was headed towards a clear win to succeed Elliott Naishtat. Huey Ray Fischer was in third place.

HD77: Lina Ortega wins big to succeed Rep. Marissa Marquez.

HD116: Diana Arevalo was over 50% to succeed TMF. Runnerup Martin Golando was TMF’s chief of staff. To say the least, not a good day for Trey Martinez-Fischer.

Hd118: Tomas Uresti gets another shot at winning that seat. Hope he does better than in that special election runoff.

HD120: Barbara Gervin-Hawkins, daughter of former Spurs legend George Gervin, will face Mario Salas in a runoff.

SBOE6: Jasmine Jenkins and Dakota Carter head to the runoff.

SBOE1: Georgina Perez, the more interesting candidate, won without a runoff.

On the Republican side, there is too much so I will sum up: Supreme Court incumbents all won, while there will be runoffs for the Court of Criminal Appeals. Reps. Byron Hughes and Susan King were the leading candidates for the two open Senate seats. Speaker Joe Straus won his race handily, but several incumbents were losing at last report: Stuart Spitzer, Byron Cook (a top lieutenant for Straus), Marsha Farney, Molly White, Wayne Smith (surprise #1), and Debbie Riddle (surprise #2). I can’t wait to hear some of those stories. Here’s the story on the GOP Railroad Commissioner race, one in which there was a lot of money spent. Last but not least, the crazy may be back in the SBOE, as Mary Lou Bruner was close to a majority of the vote. Praise the Lord and pass the bong.

For plenty of other information on these and other races, here’s your supplemental reading assignment:

Trib liveblog

Observer liveblog

Chron live coverage

Rivard report

Austin Chronicle

BOR

Harris County Dem resultsHarris County GOP results

Democratic statewide resultsRepublican statewide results