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DCCC starts with two targets in Texas

Consider this to be written in chalk on the pavement, pending the new Congressional maps.

Rep. Beth Van Duyne

The Democratic Congressional Campaign Committee announced Tuesday that it will target two Republican-held districts in Texas — the ones currently held by Reps. Tony Gonzales of San Antonio and Beth Van Duyne of Irving. They were one of 22 districts nationwide that the committee included on its 2022 target list, which it emphasized as preliminary due to redistricting.

Last election cycle, the DCCC sought to make Texas the centerpiece of its strategy to grow its House majority — and came up woefully short. They initially targeted six seats here and later expanded the list to 10 — and picked up none of them.

Van Duyne’s and Gonzales’ races ended up being the closest. Van Duyne won by 1 percentage point to replace retiring Rep. Kenny Marchant, R-Coppell, while Gonzales notched a 4-point margin to succeed Rep. Will Hurd, R-Helotes, who was also retiring.

The shape of those races remains very much in question more than a year and a half out from Election Day, most notably because Texas lawmakers are expected to redraw congressional district lines in a special session of the state Legislature later this year. Texas is on track to gain multiple congressional seats due to population growth. Republicans control the redistricting process and may be be able to make Gonzales’ and Van Duyne’s seats more secure.

On paper, Van Duyne’s 24th District looks to be the most competitive in 2022. It was the only GOP-held district in Texas that Democratic President Joe Biden won — and he carried it by a healthy margin of 5 points. The DCCC has already run TV ads against Van Duyne this year.

Biden, meanwhile, lost Gonzales’ 23rd District by 2 points. The 23rd District is a perennial swing seat that stretches from San Antonio to near El Paso and includes a large portion of the Texas-Mexico border.

As noted, the Republicans have their target list as well, which will also be affected by whatever the final maps look like as well as any retirements. CD24 is an obvious target, but if the map were to remain exactly as it is now I’d have several CDs higher on my list than CD23 at this point based on 2020 results and demographic direction. I’d make CDs 03, 21, 22, and 31 my top targets, with CDs 02, 06 (modulo the special election), and 10 a rung below. I’d put CD23 in with that second group, but with less conviction because I don’t like the trend lines. Again, this is all playing with Monopoly money until we get new maps.

Just to state my priors up front: I believe there will be electoral opportunities in Texas for Congressional candidates, though they will almost certainly evolve over the course of the decade. I believe that if the economy and President Biden’s approval ratings are solid, the 2022 midterms could be decent to good, and that we are in a different moment than we were in back in 2009-10. I also know fully well that the 2022 election is a long way off and there are many things that can affect the national atmosphere, many of them not great for the incumbent party. I was full of dumb optimism at this time in 2009, that’s for sure. I also had extremely modest expectations for 2018 at this point in that election cycle, too. Nobody knows nothing right now, is what I’m saying.

Why North Texas?

The Trib reprints a WaPo story about a cluster of Capitol insurrectionists in the Dallas suburbs, and it’s something.

Hope for Trump’s return is fervent in Frisco and across the northern Dallas suburbs, an area of rapid growth and rapidly increasing diversity. Nineteen local residents have been charged in connection with the Jan. 6 attack on the U.S. Capitol, according to federal authorities, one of the largest numbers in any place in the country.

Many of the rioters came from the “mainstream of society,” according to the FBI’s Dallas field office, including three real estate agents, a retired Air Force lieutenant colonel, an oilman and an actor who once appeared on the popular television show “Friday Night Lights.” They were driven by a “salad bowl of grievances,” the FBI said, including anger over the presidential election, white-supremacist ideology and the discredited extremist ideology QAnon, which holds that Trump will save the world from a cabal of Satan-worshipping pedophiles.

Their groundless claims are being fed by conservative politicians and from the pulpits of large, powerful evangelical churches with teachings that verge on white nationalism, both motivated by fear that they are losing a largely white, conservative enclave that views these changes with suspicion.

More arrests are coming, and North Texas remains a focus for investigators who expect to charge as many as 400 people from across the country in the attack on the Capitol.

[…]

Over the past two decades, Collin County, north of Dallas, more than doubled its population to 1 million, according to census data, with newcomers drawn by the mild weather, good schools, low taxes and the arrival of several big employers and new corporate headquarters, including Toyota, Liberty Mutual and the Dallas Cowboys. The rapid expansion created an air of Disney World built on the clay soil of the Texas plains, one Frisco consultant noted, where everything is new and planned. The median household income is $97,000, well above the U.S. median of $69,000.

But this utopia on the Dallas North Tollway has its fissures, which have deepened in the last year, with debate over pandemic restrictions, the country’s racial reckoning and the divisive 2020 presidential election that pitted neighbor against neighbor and continues to divide. Unlike many other suburban counties in the country that helped sway the election for Biden, Collin County stayed red, with 51% voting for Trump and 46% for Biden.

The county’s rapid growth has increased its diversity — with the Latino and Asian American populations growing, and the white population in decline — causing tensions, some residents say. In 2017, Plano Mayor Harry LaRosiliere was challenged by an opponent who promised to “keep Plano suburban,” which LaRosiliere, who is Black, said was a “dog whistle” for residents wanting to keep the town white and affluent. LaRosiliere won the four-way nonpartisan race with 52% of the votes, but his “keep Plano suburban” opponent won 42%. This year, Plano City Coucil member Shelby Williams came under fire when he said in a post-riot blog post that “things could be much worse . . . People in many parts of the Muslim world are still slaughtering one another today.”

Frisco Realtor Hava Johnston said some residents feel the area has become “too diverse.”

“They created this perfect little bubble of the way they wanted things … now we’ve got true diversity, and those Christian nationalists are afraid of losing their power,” said Johnston, a Democratic activist and one of the internet sleuths who helped unmask local residents who participated in the Capitol riots. “These are the very people who would do things like have Trump parades every weekend and take a private jet to a riot.”

There’s a lot here, and I’ll get to one specific criticism in a moment, but I personally object to the “Collin County stayed red” line, not because it’s untrue but because it really misstate what has happened in Collin County this past decade. I mean:

2012 – Romney 65.0%, Obama 33.5%
2016 – Trump 55.6%, Clinton 38.9%
2020 – Trump 51.4%, Biden 47.0%

You can say “Collin County stayed red”, as if it were some act of defiance against the prevailing political winds, but come on. Collin County shifted a net 27 points in the Democrats’ direction, at least at the Presidential level, since 2012. That’s a seismic change, and very much in line with what was happening nationally. Collin County didn’t quite make it to blue county status in 2020, but boy howdy has it come a long way.

D Magazine had other complaints, starting with the charge that non-Texan authors who parachute in for this kind of analysis often fail to understand what’s actually happening and miss details that make locals scratch their heads. I have some sympathy with this, though I do think there’s some value in getting an outside perspective sometimes. Honestly, my main beef with this article was more along the lines of “oh God, are we still doing entire stories on the feelings of Trump voters? Make it stop already.” I guess the question of why there were so many insurrectionists from this part of the world is an interesting one, but please give me many more articles about the newly activated and energized Democrats of Collin County to balance it out, thanks. In the meantime, please feel free to blow a raspberry at that blonde realtor from Frisco who may well be the poster child for this whole story.

Precinct analysis: State Senate comparisons

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County

No, I had not planned to do any more of these, at least not until we got the statewide numbers. But then I got an email from Marc Campos on behalf of Sen. Carol Alvarado, who had seen the earlier comparison posts and wanted to know if I had those numbers for SD06. I didn’t at the time, but I do now thanks to getting the full jurisdiction data, so I went back and filled in the blanks. And so here we are.


Dist   Romney    Obama Johnson  Stein
=====================================
SD04   44,973   12,531     502    165
SD06   43,852   89,584   1,004    537
SD07  196,017   93,774   2,844    816
SD11   67,586   29,561   1,106    366
SD13   26,894  144,882   1,041    524
SD15   88,851  131,838   2,198    933
SD17  109,529   79,412   2,265    737
SD18    7,161    3,804      97     25

Dist    Trump  Clinton Johnson  Stein
=====================================
SD04   45,530   17,091   2,123    376
SD06   39,310  109,820   3,666  1,770
SD07  189,451  127,414  10,887  2,632
SD11   63,827   37,409   3,537    918
SD13   24,061  143,864   3,046  1,787
SD15   82,163  159,360   8,511  2,389
SD17   91,838  105,496   7,455  1,764
SD18    8,780    6,017     476    119

Dist    Trump    Biden     Lib    Grn
=====================================
SD04   55,426   25,561     936    145
SD06   61,089  123,708   1,577    770
SD07  232,201  188,150   4,746  1,216
SD11   77,325   51,561   1,605    389
SD13   38,198  166,939   1,474    753
SD15  110,485  208,552   3,444  1,045
SD17  110,788  140,986   2,706    720
SD18   15,118   12,735     331     91

Dist   Romney    Obama Johnson  Stein
=====================================
SD04   77.31%   21.54%   0.86%  0.28%
SD06   32.49%   66.37%   0.74%  0.40%
SD07   66.80%   31.96%   0.97%  0.28%
SD11   68.53%   29.97%   1.12%  0.37%
SD13   15.52%   83.58%   0.60%  0.30%
SD15   39.70%   58.90%   0.98%  0.42%
SD17   57.06%   41.37%   1.18%  0.38%
SD18   64.59%   34.31%   0.87%  0.23%

Dist    Trump  Clinton Johnson  Stein
=====================================
SD04   69.92%   26.25%   3.26%  0.58%
SD06   25.43%   71.05%   2.37%  1.15%
SD07   57.34%   38.57%   3.30%  0.80%
SD11   60.39%   35.39%   3.35%  0.87%
SD13   13.93%   83.27%   1.76%  1.03%
SD15   32.55%   63.13%   3.37%  0.95%
SD17   44.46%   51.07%   3.61%  0.85%
SD18   57.04%   39.09%   3.09%  0.77%

Dist    Trump    Biden     Lib    Grn
=====================================
SD04   67.54%   31.15%   1.14%  0.18%
SD06   32.64%   66.10%   0.84%  0.41%
SD07   54.47%   44.13%   1.11%  0.29%
SD11   59.08%   39.40%   1.23%  0.30%
SD13   18.42%   80.51%   0.71%  0.36%
SD15   34.15%   64.46%   1.06%  0.32%
SD17   43.41%   55.25%   1.06%  0.28%
SD18   53.47%   45.04%   1.17%  0.32%

I’ve limited the comparisons to the Presidential numbers from 2012 through 2020, which you see above, and the Senate numbers for 2012 and 2020, which I’ll present next. There wasn’t much difference between the Senate numbers and the RRC numbers, so I made this a little easier on myself. There’s nothing in this data that we haven’t seen and talked about before, but it’s worth taking a minute and reviewing it all again.

If we look at SD06, which is a heavily Latino district, you can see the increase in support for Trump from 2016 to 2020, which has been the story everyone has been talking about. I think it’s instructive to include the 2012 numbers, because the net change over the eight year period is basically zero from a percentage perspective – Obama carried SD06 by a 66-32 margin, while Biden carried it 66-33 – the vote gap increased by over 16K in the Dems’ favor. It’s true that Biden won SD06 by fewer votes than Hillary Clinton did, and that Trump closed the gap from 2016 by eight thousand votes, but the overall trend for this period is one that I find as a Democrat to be satisfactory. The overall direction is what I want, even if it’s not as fast as I’d like it to be. What happens next is the argument we’re all having, and there’s data to support either position. We’ll just have to see how it goes.

The flip side of that is what happened in SD07, Dan Patrick’s former district and one of the redder places in the state in 2012. Here, the trend is unmistakably in one direction. Mitt Romney’s SD07 was as Republican as SD06 was Democratic. Hillary Clinton shaved 41K off of the Dem deficit in 2016, and Joe Biden shrunk it by another 18K. In 2020, SD07 was only a ten-point GOP district. It would not be crazy to view it as a swing district, at least at the Presidential level, in 2024. I don’t know what the Republican redistricting plan is, but they’re not going to have a lot of spare capacity to borrow from in SD07. Just take a look at SD17 – which includes a lot of turf outside Harris County – to see why this make them a little nervous.

Finally, a few words about a couple of districts I don’t usually think about in these analyses, SD13 and SD15. The total number of votes in SD13 didn’t increase very much from 2012 to 2020 – indeed, it’s the one place I see where both Trump and Clinton got fewer votes than their counterparts in 2012 – and that is something I’d like to understand better. (For what it’s worth, Borris Miles got about 40K votes in Fort Bend in 2020, while Rodney Ellis got 32K in 2012. That’s a slightly higher growth rate than in Harris, but still kind of slow compared to other districts.) Trump 2020 snipped a couple of percentage points off Romney’s deficit, from down 68 to down 62, but that’s still a net 10K votes for Dems. As for SD15, it’s an example of a strong Democratic district that really stepped it up over the past eight years, performing in that way much like a lot of formerly dark red areas. Biden gained 55K net votes over Obama, as SD15 went from a 19 point Dem district to a 30 point Dem district. We’re going to need more like this around the state as we go forward.


Dist     Cruz   Sadler   MyersCollins
=====================================
SD04   44,387   12,129     849    408
SD06   45,066   84,671   1,701  1,364
SD07  194,269   90,258   4,579  2,116
SD11   66,327   28,875   1,736    779
SD13   27,839  139,516   1,866  1,357
SD15   88,594  127,006   3,709  2,178
SD17  107,576   76,803   3,396  1,801
SD18    7,135    3,637     175     78

Dist   Cornyn    Hegar     Lib    Grn
=====================================
SD04   56,085   23,380   1,405    393
SD06   59,310  115,620   3,609  2,257
SD07  237,216  173,948   7,682  2,796
SD11   77,887   47,787   2,508    854
SD13   39,386  157,671   3,502  2,149
SD15  114,616  195,264   6,065  2,657
SD17  118,460  128,628   3,892  1,603
SD18   15,268   11,859     554    180

Dist     Cruz   Sadler   MyersCollins
=====================================
SD04   76.30%   20.85%   1.46%  0.70%
SD06   33.39%   62.73%   1.26%  1.01%
SD07   66.20%   30.76%   1.56%  0.72%
SD11   67.26%   29.28%   1.76%  0.79%
SD13   16.06%   80.49%   1.08%  0.78%
SD15   39.58%   56.74%   1.66%  0.97%
SD17   56.05%   40.01%   1.77%  0.94%
SD18   64.35%   32.80%   1.58%  0.70%

Dist	Cornyn   Hegar     Lib    Grn
=====================================
SD04   69.02%   28.77%   1.73%  0.48%
SD06   32.80%   63.95%   2.00%  1.25%
SD07   55.64%   40.80%   1.80%  0.66%
SD11   60.36%   37.03%   1.94%  0.66%
SD13   19.43%   77.78%   1.73%  1.06%
SD15   35.43%   60.35%   1.87%  0.82%
SD17   46.42%   50.40%   1.53%  0.63%
SD18   54.80%   42.56%   1.99%  0.65%

The Senate numbers don’t tell us a whole lot that we didn’t already know, but do note that MJ Hegar slightly increased the percentage point gap in SD06, where it had shrunk by a point for Biden. That may be more a reflection of Paul Sadler’s candidacy than anything else, but I wanted to point it out. Hegar’s overall numbers are lesser than Biden’s, as we knew, but the same trends exist in the districts. If you never had the 2016 data for the Presidential race and only knew how things changed from 2012 to 2020 as you do with the Senate races, I wonder how people’s perceptions would differ.

This time I really mean it when I say that’s all she wrote. When we have the full numbers from the Texas Legislative Council I’ll have more to say, and then the real fun will begin when redistricting gets underway. (And by “fun” I mean “existential horror”, but you get the idea.) Let me know what you think.

Precinct analysis: Brazoria County

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3

Once more around the block, this time in Brazoria County. Let’s just dive in:


Dist    Trump    Biden     Lib     Grn
======================================
CD14   44,480   19,715     823     160
CD22   45,953   42,513   1,037     257
				
HD25   38,939   16,277     727     132
HD29   51,494   45,951   1,133     285
				
CC1    19,383    8,439     407      72
CC2    22,456   17,024     494     106
CC3    24,355   12,614     496     102
CC4    24,239   24,151     463     137

Dist   Cornyn    Hegar     Lib     Grn
======================================
CD14   43,874   18,748   1,440     357
CD22   46,831   40,011   1,579     522
				
HD25   38,413   15,432   1,251     314
HD29   52,292   43,327   1,768     565
				
CC1    19,080    7,985     687     182
CC2    22,849   15,885     742     209
CC3    24,398   11,802     736     228
CC4    24,378   23,087     854     260

Dist   Wright    Casta     Lib     Grn
======================================
CD14   43,325   18,349   1,620     508
CD22   45,672   39,005   1,980     989
				
HD25   37,900   15,098   1,435     434
HD29   51,097   42,256   2,165   1,063
				
CC1    18,727    7,834     791     253
CC2    22,351   15,535     885     399
CC3    23,844   11,430     927     394
CC4    24,075   22,555     997     451

Dist    Trump    Biden     Lib     Grn
======================================
CD14   68.24%   30.25%   1.26%   0.25%
CD22   51.20%   47.36%   1.16%   0.29%
				
HD25   69.44%   29.03%   1.30%   0.24%
HD29   52.09%   46.48%   1.15%   0.29%
				
CC1    68.49%   29.82%   1.44%   0.25%
CC2    56.03%   42.48%   1.23%   0.26%
CC3    64.83%   33.58%   1.32%   0.27%
CC4    49.48%   49.30%   0.95%   0.28%

Dist   Cornyn    Hegar     Lib     Grn
======================================
CD14   68.11%   29.10%   2.24%   0.55%
CD22   52.65%   44.98%   1.78%   0.59%
				
HD25   69.33%   27.85%   2.26%   0.57%
HD29   53.39%   44.23%   1.80%   0.58%
				
CC1    68.30%   28.59%   2.46%   0.65%
CC2    57.58%   40.03%   1.87%   0.53%
CC3    65.65%   31.76%   1.98%   0.61%
CC4    50.18%   47.52%   1.76%   0.54%

Dist   Wright    Casta     Lib     Grn
======================================
CD14   67.91%   28.76%   2.54%   0.80%
CD22   52.11%   44.50%   2.26%   1.13%
				
HD25   69.08%   27.52%   2.62%   0.79%
HD29   52.91%   43.75%   2.24%   1.10%
				
CC1    67.84%   28.38%   2.87%   0.92%
CC2    57.06%   39.66%   2.26%   1.02%
CC3    65.16%   31.23%   2.53%   1.08%
CC4    50.07%   46.91%   2.07%   0.94%

As an extra point of comparison, here are the numbers from the four district races:


Weber     45,245  70.76%
Bell      18,700  29.24%

Nehls     44,332  50.51%
Kulkarni  38,962  44.39%
LeBlanc    4,477   5.10%

Vasut     38,936  71.38%
Henry     15,613  28.62%

Thompson  54,594  56.69%
Boldt     41,712  43.31%

Not really a whole lot to remark upon. Brazoria County has slowly shifted blue since 2012, but not by that much. There’s still a lot of work to be done there, and in the short term the most likely place where any effect would be felt is in the appellate courts. HD29 was a dark horse swing district following the 2018 election, but as you can see Rep. Ed Thompson punches above his weight, so it’s going to take more than some demography to seriously challenge him, and that’s assuming the Republicans don’t touch up his district a bit later on this year. I have no idea what Congressional districts will have a piece of Brazoria County going forward, but I’d bet that at least at the beginning they’re all some shade of red.

The main opportunity for Dems here is at the local level, where Commissioners Court Precinct 4 is pretty close to even. None of the county offices – Commissioners Court, Constable, Justice of the Peace – were challenged in 2020, so there’s the starting point to improve things on the ground and begin construction on a bench. That may change with redistricting as well, of course, but county elections can see change happen quickly under the right circumstances. My wish for Brazoria County is for there to be more activity at this level, starting next year.

Please don’t pay any attention to Ted Cruz’s approval ratings

I know, I know, I’m part of the problem. But seriously, this is utterly meaningless.

Not Ted Cruz

U.S. Sen. Ted Cruz’s approval rating took a hit after his family trip to Cancún during the Texas freeze, according to polling by Morning Consult, though he still remains popular among Texas Republicans.

Polling conducted Feb. 19-28 found Cruz’s approval rating at 43 percent among Texas voters, 48 percent of whom said they disapprove of the senator. It was a reversal of his standing — and a double-digit drop in net approval rating — from polls Morning Consult conducted 10 days earlier.

Nationally, 49 percent of Republicans said they approve of Cruz — a 9 percentage point drop — even as his footing in his home state remained strong, with the approval of 71 percent of Texas Republicans.

One, this kind of poll, and Morning Consult’s polls in particular, are always volatile. Two, and this is a partial restatement of the first point, it’s just one damn result. We know better than that. And three, as I have said before, Ted Cruz will not be on any ballot until 2024. There’s literally no poll now that can tell us anything useful about what might happen to Ted Cruz in 2024. Please spend you limited time and brain energy on something more productive, like your fantasy football draft or what the next “Star Wars” spinoff will be on Disney+. Thank you.

Have Texas Republicans finally damaged themselves?

Some of them have. How much remains to be seen.

The brutal winter storm that turned Texas roads to ice, burst pipes across the state and left millions of residents shivering and without power has also damaged the reputations of three of the state’s leading Republicans.

Sen. Ted Cruz was discovered to have slipped off to Mexico on Wednesday night, only to announce his return when he was caught in the act. Gov. Greg Abbott came under fire over his leadership and misleading claims about the causes of the power outages. And former Gov. Rick Perry suggested Texans preferred power failures to federal regulation, a callous note in a moment of widespread suffering.

It’s more than just a public relations crisis for the three politicians. The storm has also battered the swaggering, Texas brand of free-market governance that’s central to the state’s political identity on the national stage.

“Texans are angry and they have every right to be. Failed power, water and communications surely took some lives,” JoAnn Fleming, a Texas conservative activist and executive director of a group called Grassroots America, said in a text message exchange with POLITICO.

“The Texas electric grid is not secure,” said Fleming, pointing out that lawmakers “have been talking about shoring up/protecting the Texas electric grid for THREE legislative sessions (6 yrs),” but “every session special energy interests kill the bills with Republicans in charge … Our politicians spend too much time listening to monied lobbyists & political consultants. Not enough time actually listening to real people.”

[…]

Democrats sought to heighten the contrast between Cruz and his 2018 Senate opponent, former Rep. Beto O’Rourke, by pointing out that the senator went to Cancun and tweeted about the death of radio talk show host Rush Limbaugh while his former rival stayed in El Paso and tried to marshal his social media followers to help fellow Texans.

“It’s extremely important in governing and politics to be seen doing things,” said Brendan Steinhauser, a Texas Republican strategist. “It’s important to be seen leading.”

Steinhauser said Abbott established himself as a leader in previous crises but took longer after the storm because he “had to find his footing. At first, he probably didn’t think the blackouts would last as long as they did.”

We’re at peak bad news for these guys – and now you can add State Rep. Gary Gates to that list – but who knows how long it will last. It’s also hard to take anything JoAnn Fleming says seriously, as she’s one of the major wingnut power brokers in North Texas. It’s one thing for someone like her to be mad at these guys, but that doesn’t mean she’s going to vote for a Democrat against them.

And that’s ultimately what this comes down to. Greg Abbott doesn’t have an opponent yet (though hold on, we’ll get back to that in a minute), Ted Cruz isn’t on any ballot until 2024, and Rick Perry is a Dancing with the Stars has-been. If there’s anger at them for their words and deeds and lack of action, that’s great, but it only goes so far. What if anything will this be channeled into?

One possible vehicle until such time as there’s a candidate running against Greg Abbott is President Biden. He’s done all the Presidential things to help Texas recover, and he’s coming for a visit next week, both of which have the chance to make people like him a little bit more. This is an opportunity for him as an example of good leadership, and also for future legislative proposals. If that translates into better approval/favorability numbers for Biden in Texas, that should help the Democratic slate next year. The longer the national GOP remains in disarray as well, the better.

The leadership example, if it can stand as a contrast to what Abbott et al have been doing, can serve as the baseline argument in 2022 and beyond for change in our state government.

What happened over the last four or five days, as the state became the subject of national and international pity and head-shaking, could undo years of economic development promotion, corporate relocation work and tourism campaigns.

It makes it a lot easier on the competition. Who wants to go to a failed state? Sure, there is no income tax. But we’re rationing gas, turning off electricity for millions of households and boiling water so it doesn’t poison us. Austin even closed a hospital and moved the patients when they couldn’t rely on heat or water.

In a hospital.

The light regulation here has been a key part of the business pitch. But the dark side was showing this week in the failures of our basic infrastructure.

Electricity here is cheaper than many other places, and it works, most of the time. But at some point, the corners we cut to keep electricity prices low turn into reliability problems. The cost-cutting shows up in the quality of the product. And the product, when it comes to infrastructure, is critical to the quality of life and the economy.

It’s a great state with a faltering state government. The political people running things too often worry more about their popularity than about their work. Too many of them are better at politics than they are at governing. And governing is the only real reason any of the rest of us have any interest in them.

Putting that another way:

Fixing ERCOT will require actual governance, as opposed to performative governance, and that is something the state’s leadership has struggled with of late. Rather than address the challenges associated with rapid growth, the state’s elected leaders have preferred to focus on various lib-owning initiatives such as the menace of transgender athletes, whether or not NBA games feature the national anthem, and—in a triumph of a certain brand of contemporary “conservatism”—legislating how local municipalities can allocate their own funds.

I’m anxious to see how our governor, in particular, will respond to this crisis, because I have never witnessed a more cowardly politician. When Abbott faces a challenge—and he has faced several in the past year alone—you can always depend on him to take the shape of water, forever finding the path of least resistance. I have no idea why the man became a politician, as I can discern no animating motive behind his acts beyond just staying in office.

During the coronavirus pandemic, which has taken the lives of 41,000 Texans so far, the governor first delegated as much responsibility—and political risk—as possible to the state’s mayors and county judges. When those same local officials decided that things like mask mandates and restaurant closures might be good ideas, which became unpopular with the governor’s donors, he overruled them. But when deaths spiked, Abbot decided that—surprise!—local leaders had retained the power to enforce mask mandates all along and that it was their fault for not solving his coronavirus riddle.

I am anxious to see how the governor weasels his way out of responsibility for what happens next. I wouldn’t want to be Texas’s new speaker of the House, Dade Phelan, to whom the governor will likely attempt to shift all the blame.

This is an opportunity for someone to say “It doesn’t have to be like this” and maybe get heard in a way that’s been nigh-impossible for Texas Democrats in recent years, Beto in 2018 semi-excepted. Even if the main effect is to make normal Republican voters less excited about supporting their team in 2022, that helps too.

But first we need someone to step up and make that argument. We know Beto is thinking about it, and at last report, Julian Castro was not inclined to run. But that Politico story also has this tidbit:

“Whether it’s Abbott’s failed response or Cruz’s abandoning of our state, we shouldn’t put people in charge of government who don’t believe in government. They fail us every time,” said former federal Housing Secretary Julián Castro, a Democrat who’s considering a bid against Abbott or Cruz.

Emphasis mine. Who knows what that means, or how it’s sourced. I mean, despite that earlier story about Castro, he’s a potential candidate until he’s not. Who even knows if Ted Cruz will run for re-election in 2024 – we all know he wants to run for President again, however ridiculous that may sound now – so considering a bid against Abbott is the only one that makes sense. I’d like to hear him say those words himself before I believe it, but I feel duty-bound to note that paragraph. We can hope from there.

Might Republican AGs suffer in court for their seditions?

This AP article considers the effect of the ridiculous Ken Paxton lawsuit and the role that the Republican Attorneys General Association played in the insurrection at the Capitol and asks the question from the title.

Best mugshot ever

Some legal experts think the overt political involvement by the Republican attorneys general could have a lasting effect on how judges view legal actions their offices bring.

“States occupy a unique position and an important position” in the courts, said Paul Nolette, a Marquette University political scientist who studies attorneys general. “If it turns out that AGs are no different from another politician or another interest group just looking for an angle trying to get into the courts, the courts could revisit special solicitude.”

The term refers to a state’s ability to unilaterally weigh in on any federal lawsuit, giving attorneys general and their states a say in a wide variety of issues.

Attorneys general are elected to office in most states and frequently use the job as a platform to run for governor or the U.S. Senate. Their offices serve as the legal arm of state governments, and they often band together — almost always with AGs of their own party — to challenge federal policy.

They also file claims on behalf of their state’s residents over consumer affairs and antitrust matters. Every state’s AG’s office, for example, has sued companies over the toll of the opioids crisis.

Most attorneys general also are the top law enforcement officers in their state, prosecuting criminal cases and upholding justice.

Greg Zoeller, a Republican and former Indiana attorney general, said attorneys general could lose the right to file “friend-of-the-court” briefs in any federal case without permission because of the activities of the Republican AGs in support of Trump’s election claims.

But he said the work of prosecuting crimes and protecting consumers is handled mostly by career government lawyers who are not focused on political cases.

“You can still have a very strong law office that represents the best interest of the state, the people, when it comes to consumer protection issues,” he said.

[…]

The push to overturn election results based on unfounded fraud claims did get some GOP pushback. Eight Republican attorneys general opted against joining Paxton’s effort.

One of them, Ohio Attorney General Dave Yost, urged the U.S. Supreme Court to consider the case — but rule against Texas.

“Federal courts, just like state courts, lack authority to order legislatures to appoint electors without regard to the results of an already-completed election,” he said in a statement last month.

Sylvia Albert, the director of voting and elections for the liberal advocacy group Common Cause said the filings were so troublesome that she believes there are grounds to disbar the attorneys general who made them.

“When you submit something in court, you’re saying: ‘To the best of my knowledge, the information I’ve given you is true and valid,’” she said.

It’s always nice to think that there will be consequences for illegal or immoral actions, but I’m going to need to see it happen before I put too much faith in the possibility. Ken Paxton is as far out there as any Republican AG, and he’s continuing to file petty lawsuits of questionable merit, and so far he hasn’t been dealt a significant setback. Either the FBI with the Nate Paul case or the voters next year – hopefully both – will be left to do that task. If the courts want to push back even a little before then, that would be fine by me. Let’s just say I’m not expecting much.

Bringing vaccines to your local pharmacy

Makes a lot of sense.

Retail pharmacies will bring more COVID-19 vaccines to Houston and across the country following a boost by the Biden administration to increase distribution to the public.

CVS Health will roll out 38,000 COVID-19 vaccines to 70 Texas locations starting Feb. 11; a CVS spokesperson said they are still determining how many Houston locations will be part of the initial distribution. People who fall under the state’s 1A and 1B eligibility criteria will be able to make an appointment.

The pharmacy giant is setting up online and phone systems to book a time slot for the first dose. To register, eligible people can visit CVS.com or call 800-746-7287.

“Vaccinations will be by appointment-only and we want to encourage eligible patients to use our online scheduling tool to find a location that is convenient for them to access,” said Monica Prinzing, a CVS spokesperson.

People can book appointments starting Feb. 9, Prinzing said.

[…]

Pharmacies could be key to speeding up vaccine rollout. Patients already rely on them to pick up prescription drugs and receive flu and shingles vaccines, and may keep their local pharmacy in mind when it comes to obtaining a COVID-19 shot.

As of 2015, there are approximately 67,000 pharmacies in the U.S., according to the science journal PLOS One.

“You have pharmacies on every corner in the country,” said Dr. Asim Abu-Baker, associate dean for clinical and professional affairs at Texas A&M’s College of Pharmacy. “They’re used to handling the public’s questions and giving flu vaccines, while it’s a bottleneck to try and get into a hospital.”

I’ll skip the number crunching this time; suffice it to say we will continue to need a lot more of the vaccines. Other pharmacies are also involved, with HEB and Kroger also getting into the act. This should greatly help with access to the vaccine, especially for the significant number of people in Texas who lack health insurance, though even with this more is needed, as many neighborhoods don’t have a CVS or HEB or Kroger, either.

Still, this is great progress, and should help relieve bottlenecks in addition to making it easier overall for people to get the shots. It’s also a screamingly obvious move, which makes one wonder why neither the state of Texas nor the Trump administration had thought of it. I’ve said before that a key to Democrats having a fighting chance in the 2022 midterms is for Team Biden to get people vaccinated as quickly as possible. Given Greg Abbott’s determination to fight the Biden administration in any way he can, you’d think he’d have tried a little harder to make this harder for them.

That poll about Ted Cruz resigning

It’s not really that great, to be honest.

Not Ted Cruz

Former President Trump’s popularity in deep-red Texas is underwater following the mob attack by his supporters of the Capitol, according to a poll from the progressive group Data For Progress commissioned for MoveOn.org.

The poll found that at least 51 percent of likely voters in Texas said they had at least a “somewhat” unfavorable view of the former president following the events of Jan. 6, with 42 percent saying their view of Trump was “very unfavorable.”

Forty-nine percent of likely voters had unfavorable views of President Biden, while 42 percent of likely voters had unfavorable views of former Rep. Beto O’Rourke (D-Texas) and Sen. Ted Cruz (R-Texas).

The poll also found that 36 percent of GOP voters in the state would support barring Trump from running for office again, possibly the most significant break from the former president among his base registered by polling so far.

The poll data is here. I couldn’t find a blog post or press release on the Data for Progress website about this, just their tweet that linked to the data file. The poll is of 751 “likely voters” (remember, DFP uses web panels for their polls), and this is what I mean by “not that great”:

Q: Do you have a favorable or unfavorable view of Ted Cruz? Favorable 49%, unfavorable 42%
Q: Do you have a favorable or unfavorable view of Beto O’Rourke? Favorable 33%, unfavorable 46%
Q: Do you have a favorable or unfavorable view of Donald Trump? Favorable 48%, unfavorable 51%
Q: Do you have a favorable or unfavorable view of Joe Biden? Favorable 48%, unfavorable 49%

They had separate responses for “very” and “somewhat” favorable and unfavorable, and I combined the two for the numbers above. The Biden number isn’t bad, the Trump number is okay, the Beto and Cruz numbers are lousy. I would have liked to have seen a question about Greg Abbott, but given the above he probably would have done pretty well, and I would have been unhappy about that, so maybe it’s just as well. Beto’s “Favorable” number is likely dragged down a bit by having 21% of Democrats respond “Haven’t heard enough to say”, but even that is not great, since you’d like to think that likely-voting Dems would be sufficiently informed about him. (This may also have been the option chosen by Dems who were more or less neutral and didn’t want to round up or round down.) Only seven percent of Republicans gave a similar response about Cruz.

After that there was a question about supporting or opposing “former President Donald Trump from holding elected office in the future”, which referenced Trump’s efforts to overturn the election and his role in inciting the Capitol riot (49-44 support). They asked a couple of similarly-worded questions about Cruz, then concluded with a simple “Do you think that Senator Ted Cruz should resign?”, which went 51-49 for Yes. Neither of these things will happen so this is more slogan than data, but there you have it. It is what it is, but I don’t think it amounts to much. The Texas Signal has more.

Paxton the puppet

This is just pathetic.

Best mugshot ever

The long-shot lawsuit from Texas, which sought to invalidate the results in four swing states, was not drafted by Republican attorney general of Texas, Ken Paxton, but by Donald Trump’s own lawyers, revealed a new report.

The extensive New York Times report examined Mr Trump’s attempted coup to subvert the 2020 elections and the “77 democracy-bending days” when the former president propagated the voters fraud theory.

The efforts by Mr Trump’s campaign to help prevent alleged voters fraud were red-flagged by several Republican attorneys general and their senior staff lawyers, the report said.

Republican leaders were also concerned about Mr Trump’s problem in facing the reality of an electoral defeat.

The report revealed that Mr Paxton, who is said to have filed the Texas lawsuit, hired Lawrence Joseph as a special outside counsel through an “unusual contract” on 7 December.

Mr Joseph had earlier intervened in a US court to support Mr Trump’s efforts to block the release of his income-tax returns.

“The same day [7 Dec] the contract was signed, Mr Paxton filed his complaint with the Supreme Court. Mr Joseph was listed as a special counsel, but the brief did not disclose that it had been written by outside parties,” said the report.

Mr Paxton, however, was not the first choice for Trump’s team to overturn Joe Biden’s victory in swing states as he had criminal investigations going on against him.

An appeal was also made to Louisiana’s attorney general, Jeffrey M Landry, but he had declined.

“For every lawyer on Mr Trump’s team who quietly pulled back, there was one ready to push forward with propagandistic suits that skated the lines of legal ethics and reason,” the report said.

Which do you think is more embarrassing, that Paxton turned in someone else’s homework, or that Trump’s team didn’t want to go with Paxton initially because they were afraid his legal entanglements might make them look bad? No wonder no one in the Lege wants to talk about him.

Castro says he’s not likely to run in 2022

Bummer.

Julian Castro

Julián Castro — formerly a presidential candidate, secretary of the U.S. Dept. of Housing and Urban Development, and mayor of San Antonio — told KXAN this week that it’s “very unlikely” that he will seek any elected office in 2022.

Castro said he is focused on helping elect Democratic candidates through his political action committee, People First Future.

“Right now, I don’t plan to run in 2022,” Castro said. “I feel like I just went through the marathon of 2020 and then supported candidates and so, right now, I don’t have a target in mind in terms of when I’m going to run again.”

[…]

Brandon Rottinghaus, a political science professor at the University of Houston, said the political window could soon close for candidates like O’Rourke and Castro, if they don’t win races soon.

“There’s a real shelf life for a political career if you can’t strike while the iron is hot,” Rottinghaus told KXAN. “The likelihood is that activists are going to move on, donors are going to consider new people, and people are going to forget you.”

As we know, Beto is thinking about running, so we’ve got that going for us. I don’t speak for Julián Castro, I have no sway over him, I have no business telling him what to do, but I basically agree with Brandon Rottinghaus about political shelf lives. One reason for that is that the Democratic bench is a little deeper than it used to be – remember when every article that speculated about which Dem might run for a statewide position mentioned John Sharp, mostly because there were so few obvious possibilities to mention? I will remind everyone, myself included, that it is still early, though given the short runway to the filing deadline and the need to raise a gazillion dollars against Abbott and his war chest, it gets late real quickly. My request to Julián Castro, if he really isn’t going to run, is to make that clear to other potential candidates so they don’t have to factor him into their thinking, and maybe encourage – and promise to support – other potential candidates that he thinks would do well. We do need to start forming a lineup, so that we can speak with a more unified voice against Abbott and his myriad screwups and failures as quickly as possible.

Precinct analysis: Fort Bend County, part 1

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

I’ve finally run out of Harris County races from 2020 to analyze, so let’s move over to Fort Bend County. I’ve said before that while Fort Bend provides downloadable Excel files on their county elections page, they format these results in a way that makes it harder for me to do the same analysis I do with Harris County. Basically, Harris County puts all the results on one worksheet, with the totals for every candidate given in each precinct. For district races, that means a blank in the results when the precinct in question is not in that district, but the cell for that district is there. That makes it super easy for me to use Excel functions to add up the vote totals for, say, the Presidential candidates in the precincts where, say, the HD134 voters are. I can do practically every race in a matter of an hour or two, and indeed I spend more time formatting the blog posts than I do the calculations.

Fort Bend, on the other hand, separates each race into its own worksheet, which is fine in and of itself, except that for district races they only include the precincts for that race on the worksheet in question. That completely nullifies the formulas I use for Harris County, and when I went and looked to see how I did it in 2016, I saw that I manually added the relevant cells for each of the countywide races, an approach that is inelegant, labor intensive, and prone to error. But it was the best I could do, so I did it again that way here. I can tell you that my results are not fully accurate, and I know this because the subtotals don’t add up correctly, but they’re close enough to suffice. The one exception is for the County Commissioner precincts, which are fully grouped together in Fort Bend – each precinct number is four digits, with the first digit being a one, two, three, or four, and that first digit is the Commissioner precinct. So those at least are easy to add up correctly. The rest is messy, but I did the best I could. When the official state reports come out in March and they’re off from mine, you’ll know why.

Anyway. That’s a lot of minutia, so let’s get to the numbers.


Dist    Trump    Biden    Lib    Grn
====================================
CD09   15,527   52,998    414    292
CD22  142,191  142,554  2,614    799
				
HD26   42,389   45,097    743    283
HD27   24,191   59,921    576    296
HD28   65,043   61,103  1,212    313
HD85   26,661   29,016    503    197
				
CC1    37,765   40,253    699    261
CC2    18,054   52,525    441    307
CC3    61,437   49,976  1,120    247
CC4    40,460   52,798    768    276

Dist   Trump%   Biden%   Lib%   Grn%
====================================
CD09   22.43%   76.55%  0.60%  0.42%
CD22   49.34%   49.47%  0.91%  0.28%
				
HD26   47.89%   50.95%  0.84%  0.32%
HD27   28.47%   70.51%  0.68%  0.35%
HD28   50.95%   47.86%  0.95%  0.25%
HD85   47.29%   51.47%  0.89%  0.35%
				
CC1    47.82%   50.97%  0.89%  0.33%
CC2    25.31%   73.64%  0.62%  0.43%
CC3    54.48%   44.31%  0.99%  0.22%
CC4    42.90%   55.99%  0.81%  0.29%


Dist   Cornyn    Hegar    Lib    Grn
====================================
CD09   15,345   49,730  1,082    639
CD22  145,632  129,254  4,277  1,473
				
HD26   43,650   40,478  1,264    506
HD27   24,695   55,984  1,308    672
HD28   66,532   55,483  1,859    580
HD85   26,653   26,678    949    355
				
CC1    38,088   37,124  1,318    447
CC2    17,948   49,130  1,123    626
CC3    63,061   45,045  1,614    489
CC4    41,877   47,685  1,304    550

Dist  Cornyn%   Hegar%   Lib%   Grn%
====================================
CD09   22.97%   74.45%  1.62%  0.96%
CD22   51.89%   46.06%  1.52%  0.52%
				
HD26   50.82%   47.12%  1.47%  0.59%
HD27   29.88%   67.73%  1.58%  0.81%
HD28   53.46%   44.58%  1.49%  0.47%
HD85   48.78%   48.83%  1.74%  0.65%
				
CC1    49.48%   48.23%  1.71%  0.58%
CC2    26.08%   71.38%  1.63%  0.91%
CC3    57.22%   40.87%  1.46%  0.44%
CC4    45.81%   52.16%  1.43%  0.60%

Dist   Wright    Casta    Lib    Grn
====================================
CD09   14,727   50,118    923    769
CD22  142,842  125,932  4,794  2,479
				
HD26   42,848   39,268  1,367    860
HD27   23,874   55,827  1,267    850
HD28   65,253   54,232  2,115  1,011
HD85   26,165   26,418    968    521
				
CC1    37,302   36,877  1,341    640
CC2    17,328   49,299    984    776
CC3    61,909   43,760  1,924    863
CC4    41,027   46,114  1,468    969

Dist  Wright%   Casta%   Lib%	Grn%
====================================
CD09   22.13%   75.32%  1.39%  1.16%
CD22   51.75%   45.62%  1.74%  0.90%
				
HD26   50.80%   46.56%  1.62%  1.02%
HD27   29.18%   68.23%  1.55%  1.04%
HD28   53.22%   44.23%  1.72%  0.82%
HD85   48.39%   48.86%  1.79%  0.96%
				
CC1    48.98%   48.42%  1.76%  0.84%
CC2    25.34%   72.09%  1.44%  1.13%
CC3    57.08%   40.35%  1.77%  0.80%
CC4    45.80%   51.48%  1.64%  1.08%

The first number to consider is not about any of the districts. It’s simply this: John Cornyn received 3K more votes in Fort Bend County than Donald Trump did, but MJ Hegar got over 16K fewer votes than Joe Biden. Jim Wright got about as many votes as Trump did, but Chrysta Castaneda got 19K fewer votes than Biden. That trend continued in the district races as well. Troy Nehls got 2K more votes than Trump did in CD22, while Sri Kulkarni got 19K fewer votes. Jacey Jetton got a thousand more votes than Trump did in HD26, while Sarah DeMerchant got 4,500 fewer votes than Biden did. Biden clearly got a few Republican crossover votes, but by far the difference between his performance and everyone else’s on the ballot was that there was a significant number of people who voted for Joe Biden and then didn’t vote in other races. That was just not so on the Republican side.

I don’t have a single explanation for this. It’s a near reverse of what happened in Harris County in 2004, when George Bush clearly got some Democratic crossovers, but by and large there were a lot of Bush-only voters, while the folks who showed up for John Kerry generally stuck around and voted for the other Dems. I don’t think what happened here in Fort Bend is a function of straight ticket voting, or its removal in this case, because there’s a world of difference between someone who picks and chooses what races to vote in and someone who votes for President and then goes home – I just don’t believe that latter person would have selected the “straight Democratic” choice if it had been there. In 2004, my theory was that Bush was a brand name candidate who drew out more casual voters who didn’t really care about the other races, while Kerry voters were more hardcore. I don’t buy that here because if anything I would have expected the Trump voters to be more likely to be one and done. It’s a mystery to me, but it’s one that state and Fort Bend Democrats need to try to figure out. At the very least, we could have won HD26, and we could have elected Jane Robinson to the 14th Court of Appeals if we’d done a better job downballot here.

One other possibility I will mention: Sri Kulkarni wrote an article in the Texas Signal that analyzed his loss and cited a large disinformation campaign against him that contributed to his defeat. That may be a reason why the Libertarian candidate did as well as he did in that race. I don’t doubt Kulkarni’s account of his own race, but I hesitate to fully accept this explanation. Dems had a larger dropoff of the vote in CD09 as well – about 3K fewer votes for Hegar and Castaneda, less than 1K fewer for Cornyn and Wright – and the dropoff in CD22 was pretty consistent for other Dems as well, though Kulkarni did generally worse. It may have moved the needle somewhat against him, but it doesn’t explain what happened with other Dems. Again, someone with more time and resources available to them – the TDP, in particular – should do a deeper dive on this. I do believe that disinformation was an issue for Dems last year, and will be an increasing problem going forward, and we need to get our arms around that. I just believe there were other causes as well, and we need to understand those, too.

One more thing: Kulkarni ran a lot closer to the Biden standard in Harris County than he did in Fort Bend. Biden and Trump were virtually tied in CD22 in Harris County, with the vote going 21,912 for Trump to 21,720 for Biden; Nehls defeated Kulkarni 20,953 to 19,743 in Harris. That’s the kind of result that one can easily attribute to Biden crossovers, and doesn’t raise any flags about the level of undervoting. I haven’t looked at Brazoria County yet, but my point here is just that Fort Bend County was very different in its behavior than Harris County was. And again, for the Nth time, we need to understand why. That is the point I’m trying to sledgehammer home.

Moving on, HD28 was a steeper hill to climb than perhaps we thought it would be. Eliz Markowitz got about 1,500 fewer votes than MJ Hegar did, and about 300 fewer than Castanada, while Gary Gates outperformed both Jim Wright and John Cornyn. It should be noted that while Dems in general lost HD28 by 20 points or so in 2016, Markowitz and other Dems were losing it by ten or eleven points in 2020. In total vote terms, a gap of 16-18K votes in 2016 was reduced to 12-13K votes in 2020. The shift is real, and even if it didn’t net us any extra seats, it’s still there.

The other way that shift manifested was in the County Commissioner precincts. In 2016, Republicans won three of the four precincts, with two-term Democrat Richard Morrison in Precinct 1 finally getting unseated after he had won against badly tainted opponents in previous years. There was a lot of movement in the Dem direction in Precinct 4, however, and that came to fruition in 2018 when Ken DeMerchant (yes, Sarah’s husband) flipped that seat. As you can see, there was no retreat in CC4 in 2020, and it probably wouldn’t take too much tinkering to make Precinct 1 a fifty-fifty or better proposition for Dems. It didn’t happen in either county this year, but in 2024, aided by demography and maybe a bit of gerrymandering, both Harris and Fort Bend counties can have 4-1 Democratic majorities on their Commissioners Courts.

I do have totals for the other Fort Bend races, though they’re not dramatically different from what you see here. I will put them together in a future post just to have it on the record. As always, let me know what you think.

Ted Cruz, meet the Lincoln Project

No shortage of material here.

Not Ted Cruz

The Lincoln Project co-founder Rick Wilson said that now that former President Trump is out of office, he intends to turn the super PAC’s attention to Sen. Ted Cruz (R-Texas).

Wilson told the Texas politics-focused podcast “Y’all-itics” the group would target Cruz over his support of a Republican challenge to the certification of President Biden’s victory earlier this month.

“We all know Ted Cruz is sort of a political force of nature. He is what he is. You either hate him or you hate him,” Wilson said. “And he is a guy who went so far over the edge, not just to appease Donald Trump and Trump’s base, but because he felt like [Sen.] Josh Hawley (R-Mo.) had gotten out ahead of him on it.”

Hawley, who, like Cruz, is seen as a possible 2024 GOP contender, was the first to announce he would challenge the results of the election. A number of Republicans signed on to the challenge, but some of them dropped their objections after a mob of pro-Trump rioters stormed the U.S. Capitol. Cruz and Hawley continued their challenge.

Wilson called the effort “overtly seditious” and suggested the group would target other participants in the effort as well, saying “for as much as everyone sort of cordially hates Ted Cruz, this also about the fact there is a caucus of these guys right now.”

“These guys have realized that this was a very, very bad move legally, politically, morally, constitutionally and so that’s why they are in a position right now where they are not out beating their chest and saying ‘I am the alpha male in inheritor to the MAGA fortunes,’ ” he added.

Wilson went on to predict that the intraparty dispute over Trump’s continued role in the Republican party would lead to the emergence of a third party, adding “I think the traditional Republican, economic, social and fiscal conservatism is basically dead.”

A link to the podcast episode in question is here. It’s only about 25 minutes, and it’s hosted by a couple of reporters for WFAA in Dallas. (They tried and failed to get a response from Cruz, and have invited him on when he’s willing to talk to them.) The strategy in the short term is to cut off as much of Cruz’s corporate funding as possible, and to further isolate him in the Senate. I think what we’re all looking forward to is a barrage of take-no-prisoners anti-Cruz ads, for which there is ample raw material. 2024, the next time Cruz would be on the ballot, whether for Senate or President, is a long way off, and nothing is less certain in politics than that kind of long-range plan. But for now at least it’s out there.

The “Resign, Ted” caucus

They’re not going to get what they’re asking for, but they can still get something.

Not Ted Cruz

More than 70 Texas organizations are calling for the resignations of Sen. Ted Cruz, Attorney General Ken Paxton and the 16 Texas representatives who voted on Jan. 6 against certifying election results that formalized President Joe Biden’s win.

The grassroots coalition is led by civic engagement group Indivisible TX Lege and includes organizations determined to hold Texas’ elected officials accountable for their role in inspiring and encouraging the mob attack on the U.S. Capitol by supporters of former president Donald Trump. More than 850 individuals have also signed a letter in support of the effort to expel the Texas officials.

“They have made a mockery of democracy by embracing the fascist rhetoric of a far-right figurehead with a far-right movement behind him,” the group’s statement reads. “They have suppressed votes while lying about the nature of our election system, sullying our elections while opposing their legally legitimate losses. They have proven themselves entirely unfit for office. They must resign.”

[…]

Many Houston-area groups are among the coalition, including Black Lives Matter Houston, CAIR Houston, Harris County Young Democrats, FIEL Houston, Say Her Name HTX and Sunrise Houston. Texas House Reps. Ron Reynolds and Vikki Goodwin also signed on as supporters of the call for resignations.

“They were perpetuating a fraud,” Reynolds said. “They knew the electoral process was sound, it had already been vetted, it had already been validated, and they were simply attempting to overthrow the will of the American people.”

Candice Matthews of the Texas Coalition of Black Democrats said the situation goes “beyond politics.”

“This is about the foundation of our democracy,” she said. “If we sanction these traitors to go back to work and normalize this behavior, we will never get past what happened on Jan. 6.”

All this is correct, but let’s keep some perspective here. The large majority of these organizations are Democratic or Dem-aligned. The chances that Cruz or Paxton or any of those members of Congress will listen to a word they say are less than the chances that I will be named the next head coach of the Texans. I guarantee, there are already fundraising emails in the works about how the radical left is attacking them for their bold and principled stance in favor of election integrity. Don’t expect any sudden vacancies, is what I’m saying.

All these organizations are smart enough to know this, of course. The goal here isn’t resignations, because that’s not going to happen, but to rebrand these politicians and make their seditious actions stick with them. Can they make Cruz and Paxton et al toxic to mainstream corporate America and dry up their fundraising? Can they change how they are covered and portrayed by the media, so that their anti-democratic activity front and center in any story that includes them? Can they help drive this narrative so that less-engaged voters are aware of it, and are aware of the need for them to take action in the next elections? Even if it’s just helping them know that Ted Cruz spends more time Twitter fighting than doing anything to make their lives better? These things are more achievable. That’s the way to think about it, and to think about what you can do to help. There have to be consequences for what they did. This is a part of that, and we all have a role to play in it.

The financial benefit of filing seditious lawsuits

Ladies and gentlemen, your Attorney General:

Best mugshot ever

Campaign contributions to embattled Attorney General Ken Paxton all but dried up last fall after senior staff accused the Republican of abusing his office to help a friend and political donor.

But Paxton’s fortunes reversed in December when, cheered on by President Donald Trump, he filed a lawsuit seeking to overturn election results in four key battleground states.

In the days after mounting the unsuccessful legal bid, Paxton raked in nearly $150,000 — roughly half of his entire campaign haul in the last six months of 2020.

Still, Paxton raised just $305,500 in total, a tiny amount compared to other statewide elected officials who raised millions of dollars to support their campaigns.

Paxton’s own fundraising reports have typically been in seven figures. Campaign spokesman Ian Prior did not immediately respond to a request for comment.

The low fundraising numbers show Paxton’s political career “is on life support,” said Brandon Rottinghaus, a political science professor at the University of Houston.

“He went all in to back Trump and the far right and it was a losing play,” Rottinghaus said.

Paxton, in his second term, is up for reelection in 2022. His campaign account has about $5.5 million cash on hand.

[…]

After the seven employees’ accusations went public in early October, Paxton raised roughly $10,000, his campaign finance report shows. In November, his campaign brought in $75.

Paxton raised nothing more until Dec. 8, the day after he asked the U.S. Supreme Court to overturn election results in four states that helped deliver the presidency to Democrat Joe Biden. A few days later, the high court rejected the challenge, which was cast by legal experts as a long shot and an unfounded attempt to nullify millions of lawful ballots.

During that time, Paxton’s campaign brought in hundreds of mostly small donations from across the country. The l argest, a $25,000 contribution, came on Dec. 10 from James Dondero, co-founder of Dallas-based Highland Capital Management, the campaign finance report shows.

Whoever said crime doesn’t pay? He can only sue to overturn the election once, but he can sue over pretty much everything the Biden administration does, if he wants to keep tapping that source of campaign cash. That lawsuit over the deportation pause is the opening salvo. Maybe this strategy to boost his campaign coffers, and score a few policy wins, won’t work, but I feel pretty confident that it won’t stop him from trying.

Ethics complaint filed against Cruz and Hawley

Likely to have little to no effect, but one has to express one’s disapproval in as many appropriate manners as one can.

Not Ted Cruz

Seven Democrats in the U.S. Senate have filed an ethics complaint against U.S. Sen. Ted Cruz, R-Texas, for his role lending “legitimacy” to false claims of election fraud ahead of the deadly Jan. 6 insurrection in the U.S. Capitol by supporters of President Donald Trump.

In a letter addressed to the Senate Committee on Ethics, the Democratic Senators argue that Cruz and U.S. Sen. Josh Hawley, R-Missouri, “made future violence more likely.” The Democrats called for the committee to conduct an investigation into the two Republican senators and possibly consider “disciplinary action,” which could include the rare move of expulsion from the Senate. The Constitution also grants Congress the ability to censure its members, which is essentially just a strong condemnation from the chamber.

Leading up to the destructive Capitol riot, Cruz, Hawley and other Congressional Republicans vowed to object to the 2020 election results based on former President Donald Trump’s unfounded claims that the election was stolen from him. There is no evidence of widespread fraud on a level that would have affected the result. Even after a mob of Trump supporters desecrated the U.S. Capitol, Cruz objected to certifying Arizona’s electoral results and he’s been in political hot water ever since.

[…]

The Senate’s ethics manual lays out various rules for U.S. Senators on campaign activity, conflicts of interest, gifts and what’s considered “improper conduct.” Once an ethics complaint is filed, the manual states that a preliminary inquiry is to be carried out “to conclude that a violation within the jurisdiction of the Committee has occurred.” The process includes allowing the accused to officially respond to the complaints.

At any point in the investigation, the Senate ethics committee can hold a public or executive hearing to cross-examine documents and hear testimonies.

Expelling a sitting Senator requires a two-thirds vote in the chamber while a censuring only requires a majority vote. But not many federal lawmakers have faced such discipline. According to senate.gov, only 15 senators have been expelled since the 18th century — all for their allegiance to the Confederacy — and only nine have been censured between 1811 and 1990 for a variety of “transgressions” like fighting in the chamber.

Expulsion has a snowball’s chance in hell, but a censure is possible, and may even attract a couple of Republican votes. It may not seem like much, but I think it’s correct and appropriate to put an official stamp of public disapproval on what Cruz and Hawley did. This wasn’t politics, it really was fanning the flames of insurrection, and the fact that these two seditious losers went ahead with their fantasy-based objections to the 2020 Electoral College results just shows the depth of their depravity. I’m going to get more and more angry if I keep going with this post, so let me end by saying that while this falls well short of what they deserve, it’s necessary. Even small consequences still count as consequences. NPR has more.

A brief summary of what the next two years will be like

What will Republicans do without Trump?

“The Republican Party is at a crossroads like it’s never been before, and it’s gonna have to decide who it is,” said Corbin Casteel, a Texas GOP operative who was Trump’s Texas state director during the 2016 primary.

No one seems to be under the illusion that Trump will fade quietly. Since losing the election to Joe Biden in November, Trump has launched baseless attacks on the integrity of the election as most prominent Texans in his party let his claims go unchallenged. Some of Trump’s most loyal allies in Texas expect he’ll be a force here for years.

“The party is really built around Donald Trump — the brand, the image, but most importantly, his policies and what he accomplished,” [Dan] Patrick said during a Fox News interview Thursday. “Whoever runs in 2024, if they walk away from Trump and his policies, I don’t think they can get through a primary.”

To Texas Democrats, Trump has been a highly galvanizing force who created new political opportunities for them, particularly in the suburbs. He carried the state by 9 percentage points in 2016 — the smallest margin for a GOP nominee in Texas in two decades — and then an even smaller margin last year. But his 6-point win here in November came after Democrats spent months getting their hopes up that Trump would lose the state altogether, and they also came up woefully short down-ballot, concluding the Trump era with decisively mixed feelings about his electoral impact at the state level.

More broadly, some Texas Democrats believe Trump is leaving a legacy as a symptom of the state’s current Republican politics, not a cause of it.

“Frankly I don’t think he changed the Republican Party in Texas,” said Gilberto Hinojosa, the state Democratic Party chair, adding that Trump has instead magnified the “extreme politics and tendencies” that Texas Republicans have long harbored. “The things that [Trump] stands for — the white nationalism, the anti-LGBT [sentiment], the just flat-out racism, just the absolute meanness — that’s what the Republican Party has been in Texas for quite some time.”

As for Texas Republicans’ embrace of Trump, Hinojosa added, they “are the people that Trump talks about when he says he could shoot someone in the middle of Fifth Avenue and not lose their support.”

[…]

To be sure, it’s entirely possible Republicans unite in the next year the way political parties do when they’re in the minority — with an oppositional message to the opposing administration. But the GOP’s longer-term challenges could prove harder to resolve. In the final years of Trump, some in the party drifted from any unifying policy vision. At the 2020 Republican National Convention, the party opted not to create a new platform, saying it would instead “continue to enthusiastically support the President’s America-first agenda.”

November’s elections in Texas did little to settle the debate over which direction the party should go. Those who want to move on note that Trump won with the narrowest margin for a GOP presidential candidate this century, and swing-seat Republican congressional contenders largely outperformed him in their districts.

“Most every Republican that was successful, with the exception of a handful, outperformed Donald Trump by a significant margin,” Hurd said. “If you’re not growing, you are dying, and if we’re not expanding to those voters that are disaffected and don’t believe in the message that Democrats are providing, then we’re not going to be able to grow.”

On the other hand, Trump’s 6-point margin was bigger than expected, and he performed surprisingly well in Hispanic communities in South Texas. Former Texas GOP Chair James Dickey said Trump’s message was “particularly effective” in swaths of the state that aren’t typically looked at as political bellwethers.

“His biggest impact has been a return to populist roots and an expansion of the party in minority communities, which, again, is a return to its roots,” Dickey said.

My medium-lukewarm take based on 2018, 2020, and the Georgia runoffs is that Republicans do better with Trump on the ballot than not. Dems made the big gains in 2018 in part because Republican turnout, as high as it was in that off-year, wasn’t as good as it could have been. The GOP got some low-propensity voters to turn out in November – as did Dems – and now they have to try to get them to turn out again. Maybe they will! Maybe with Trump gone some number of former Republicans who voted Dem because they hated Trump will find their way back to the GOP. Or maybe those folks are now full-on Dems. The national atmosphere will be critical to how 2022 goes – the economy, the vaccination effort, the Senate trial of Trump, further fallout from the Capitol insurrection, and just overall whether people think the Dems have done too much, too little, or the right amount. Dems can only control what they do.

And that’s going to mean playing some defense.

Democrats are headed back to the White House, and Texas Republicans are gearing up to go back on offense.

For eight years under President Barack Obama, Texas was a conservative counterweight to a progressive administration, with its Republican leaders campaigning against liberal policies on immigration, the environment and health care and lobbing lawsuit after federal lawsuit challenging scores of Democratic initiatives. When Republicans could not block policies in Congress, they sometimes could in the courts.

Now, as Joe Biden enters the White House promising a slew of executive orders and proposed legislation, the notorious “Texas vs. the feds” lawsuits are expected to return in full force. And state leaders have begun to float policy proposals for this year’s legislative session in response to expected action — or inaction — from a White House run by Democrats.

[…]

Under Trump, Texas has often found itself aligned with the federal government in the courts. Most notably, the Trump administration lined up with a Texas-led coalition of red states seeking to end the Affordable Care Act. That case is pending before the U.S. Supreme Court.

Once Biden enters the White House and his appointees lead everything from the Environmental Protection Agency to the Department of Homeland Security, Texas’ conservative leaders will return to a familiar posture: adversary, not ally, to those making national policy.

Paul Nolette, a professor at Marquette University who studies federalism, said he expects Texas to be “at the top of the heap” among Republican attorneys general challenging the new administration in court.

According to Nolette, the number of multi-state lawsuits against the federal government skyrocketed from 78 under eight years of Obama to 145 during just four years of Trump.

“Republican AGs will take a very aggressive multi-state approach,” Nolette predicted. “It’ll happen quickly.”

It should be noted that a lot of those lawsuits were not successful. I don’t know what the scoreboard looks like, and some of those suits are still active, so write that in pencil and not in Sharpie. It should also be noted that the goal of some of these lawsuits, like ending DACA and killing the Affordable Care Act, are not exactly in line with public opinion, so winning may not have the effect the GOP hopes it would have. And of course AG Ken Paxton is under federal indictment (no pardon, sorry), leading a hollowed-out office, and not in great electoral shape for 2022. There’s definitely a chance Texas is not at the front of this parade in 2022.

My point is simply this: There’s a lot of ways the next two years can go. I think the main factors look obvious right now, but nothing is ever exactly as we think it is. I think Democrats nationally have a good idea of what their goals are and how they will achieve them, but it all comes down to execution. Keep your eye on the ball.

It’s going to be lawsuit season again

Not looking forward to it, but it’s better than the alternative.

It’s constitutional – deal with it

President-elect Joe Biden has big plans for his first 100 days in office, when he’s vowed to roll back the Trump administration’s immigration crackdown, push policies addressing climate change and potentially forgive student debt for thousands of Americans.

He’s also said he’ll push a mask mandate to combat COVID-19 and wants Congress to pass another massive stimulus package. And in the longer term, Biden has talked about rewriting the tax code to raise taxes on the rich.

Texas is almost certain to fight him every step of the way.

The state is about to be back on the front lines battling against the federal government, a long tradition for its Republican leaders, from former Gov. Rick Perry to Gov. Greg Abbott — who as the state’s attorney general famously said, “I go into the office, I sue the federal government and I go home.”

Abbott’s successor, Attorney General Ken Paxton, has been just as committed to pushing back on federal laws and mandates championed by Democrats. Most recently he led a failed lawsuit seeking to overturn Biden’s victory in four battleground states at the U.S. Supreme Court. Paxton did not respond to a request for comment.

As Biden takes office next week, many expect the state to pick up where it left off after suing the Obama administration dozens of times to stop initiatives such as the Clean Power Plan, scrap protections for immigrants brought to the country illegally as children and end the Affordable Care Act.

The conservative Texas Public Policy Foundation — which filed the Obamacare challenge that Paxton joined and is now before the Supreme Court — is gearing up to start grinding out challenges to a slew of White House priorities regarding immigration, energy and taxes.

“On the eve of the election we were discussing internally, ‘Well, what would happen if Biden won?’ One thing everyone pretty much agreed on is our litigation center would probably increase in size significantly,” said Chuck DeVore, vice president of national initiatives at TPPF. “We’re kind of excited about it.”

Robert Henneke, general counsel at the TPPF, wouldn’t say whether the group’s legal staff has grown as expected, but did say they are bracing for battles ahead as he expects the Biden administration to “pick up where the Obama administration left off.”

The story goes on to list some likely future battles, a couple of which are ongoing now. It should be noted that Texas’ record suing the Obama administration wasn’t particularly good, though now there are all those Trump judges on the bench, so who knows what can happen. One other thing that can happen is we can boot our felonious Attorney General out of office next year. That won’t stop bad actors in the private sector from bringing cases, but it will at least keep them from having the state’s imprimatur on them. All I can say beyond that is I hope they feel the need to file lawsuits for a lot longer than the next four years.

Precinct analysis: Presidential results by Congressional district

From Daily Kos Elections, the breakdown of how Presidential voting went in each of Texas’ 36 Congressional districts:

Two districts did in fact flip on the presidential level: Trump lost the 24th District in the Dallas-Fort Worth suburbs while recapturing the 23rd District along the border with Mexico. Biden, however, made major gains in a number of other suburban districts and nearly won no fewer than seven of them. Trump, meanwhile, surged in many heavily Latino areas and likewise came close to capturing three, but except for the 24th, every Trump seat is in GOP hands and every Biden seat is represented by Democrats. The 24th, which includes the suburbs north of Dallas and Fort Worth, is a good place to start because it saw one of the largest shifts between 2016 and 2020. The district began the decade as heavily Republican turf—it backed Mitt Romney 60-38—but Trump carried it by a substantially smaller 51-44 margin four years later.

Biden continued the trend and racked up a 52-46 win this time, but the area remained just red enough downballot to allow Republican Beth Van Duyne to manage a 49-47 victory in an expensive open-seat race against Democrat Candace Valenzuela.

Biden fell just short of winning seven other historically red suburban seats: the 2nd, 3rd, 6th, 10th, 21st, 22nd, and 31st, where Trump’s margins ranged from just one to three points and where the swings from 2016 ranged from seven points in the 22nd all the way to 13 points in the 3rd, the biggest shift in the state. However, as in the 24th, Biden’s surge did not come with sufficient coattails, as Republicans ran well ahead of Trump in all of these seats. (You can check out our guide for more information about each district.)

Two seats that Democrats flipped in 2018 and stayed blue last year also saw large improvements for Biden. The 7th District in west Houston, parts of which were once represented by none other than George H.W. Bush from 1967 to 1971, had swung from 60-39 Romney to 48-47 Clinton, and Biden carried it 54-45 in 2020. Democratic Rep. Lizzie Fletcher won by a smaller 51-47 spread against Wesley Hunt, who was one of the House GOP’s best fundraisers. The 32nd District in the Dallas area, likewise, had gone from 57-41 Romney to 49-47 Clinton. This time, Biden took it 54-44 as Democratic Rep. Colin Allred prevailed 52-46.

Biden’s major gains in the suburbs, though, came at the same time that Trump made serious inroads in predominantly Latino areas on or near the southern border with Mexico. That rightward shift may have cost Team Blue the chance to flip the open 23rd District, which stretches from San Antonio west to the outskirts of the El Paso area.

A full breakdown by county and district is here, and a comparison of percentages from 2016 and 2020 is here. CD23 went from being a Romney district to a Clinton district to a Trump district, though in all cases it was close. The red flags are in CDs 15, 28, and 34. In CD15, incumbent Vicente Gonzalez won by only three points, in a district Biden carried by one point, a huge drop from Clinton’s 57-40 win in 2016. Everyone’s least favorite Democrat Henry Cuellar had an easy 19-point win, but Biden only carried CD28 by four points, down from Clinton’s 20-point margin. It’s not crazy to think that Jessica Cisneros could have lost that race, though of course we’ll never know. This wasn’t the scenario I had in mind when I griped that CD28 was not a “safe” district, but it does clearly illustrate what I meant. And Filemon Vela, now a DNC Vice Chair, also had a relatively easy 55-42 win, but in a district Biden carried 52-48 after Clinton had carried it 59-38. Not great, Bob.

We don’t have the full downballot results – we’ll probably get them in March from the Texas Legislative Council – but the Harris County experience suggests there will be some variance, and that other Dems may do a little better in those districts. How much of this was Trump-specific and how much is long-term is of course the big question. The Georgia Senate runoffs, coupled with the 2018 results, suggest that having Trump on the ballot was better for Republicans than not having him on the ballot. On the other hand, 2022 will be a Democratic midterm year, and the last couple of them did not go well. On the other other hand, Trump is leaving office in complete disgrace and with approval levels now in the low 30s thanks to the armed insurrection at the Capitol, and for all the damage he did to the economy and the COVID mitigation effort, Biden is in a position to make big progress in short order. It’s just too early to say what any of this means, but suffice it to say that both Ds and Rs have challenges and opportunities ahead of them.

There are some very early third-party efforts at drawing new Congressional districts – see here and here for a couple I’ve come across. We still need the actual Census numbers, and as I’ve said before, the Republicans will have to make decisions about how much risk they want to expose themselves to. The way these maps are drawn suggests to me that “pack” rather than “crack” could be the strategy, but again this is all very early. There is also the possibility that the Democratic Congress can push through voting rights reform that includes how redistricting can be done, though the clock and potentially the Supreme Court will be factors. And if there’s one thing we should have learned over the last 20 years, it’s that due to Texas’ rapid growth, the districts you draw at the beginning of the decade may look quite a bit different by the end of the decade. We’re at the very start of a ten-year journey. A lot is going to happen, and the farther out we get the harder it is to see the possibilities.

Why would he condemn something he supported?

We know who and what Ken Paxton is.

Best mugshot ever

Texas Republican Attorney General Ken Paxton is the only state attorney general to decline to join letters over the past week condemning the Capitol riot.

In a Jan. 12 letter, 50 state and territorial attorneys general who belong to the National Association of Attorneys General denounced the “lawless violence.” The three remaining state attorneys general not included in that letter wrote their own Wednesday, leaving Paxton as the only holdout.

Paxton is a staunch Trump supporter who co-chaired the re-election group Lawyers for Trump. He spoke at the “Save America” rally at the Capitol in the hours prior to the riot last week, telling the crowds “we will not quit fighting” to overturn the election results. Neither Paxton’s office nor his campaign spokesman responded to requests for comment.

“The events of January 6 represent a direct, physical challenge to the rule of law and our democratic republic itself,” the Jan. 12 letter read. “Together, we will continue to do our part to repair the damage done to institutions and build a more perfect union. As Americans, and those charged with enforcing the law, we must come together to condemn lawless violence, making clear that such actions will not be allowed to go unchecked.”

In a separate letter Wednesday, the attorneys general of Indiana, Montana and Louisiana wrote: “In all forms and all instances, violent acts carried out in the name of political ideology have no place in any of our United States.”

To be fair, you can’t expect a serial lawbreaker to venerate the rule of law. It just gets in his way. Also, that “rally” he was at was organized in part by people who also helped organize the storming of the Capitol. Like I said, why would he condemn something he supports?

UPDATE: Here’s the Trib story, which contains this bit of tangential business at the end:

On Wednesday, Paxton’s office was also hit with the loss of one of its top staffers.

Solicitor General Kyle Hawkins is leaving the agency, the Associated Press reported Wednesday. The exit comes in the wake of a scandal at the agency, and also Paxton’s controversial lawsuit at the U.S. Supreme Court seeking to overturn the election results, which Hawkins — the agency’s appellate expert — did not sign onto. Hawkins has not answered questions about his decision to leave or why his name did not appear on the case.

Perhaps some day we’ll hear that story. In the meantime, chalk this up as another example of Ken Paxton being bad at his job.

You can’t escape your culpability, Ted

The stench will be on you forever, Ted.

Not Ted Cruz

U.S. Sen. Ted Cruz has sharpened his criticism of President Donald Trump, saying the president’s rhetoric “certainly contributed to the violence that occurred” as Trump’s supporters stormed the Capitol on Wednesday.

But the Texas Republican — who led an effort in the Senate to delay certifying Trump’s loss — is showing no signs of contrition amid growing calls for his resignation as many blame him for stoking the post-election strife that culminated with the attack on the Capitol.

Cruz objected to Arizona’s electoral votes less than an hour before demonstrators breached the building, pointing to “unprecedented” — and unproven — allegations of voter fraud. Even some of Cruz’s Republican colleagues said he should have been working to dispel those allegations, rather than airing them in Congress.

Asked in an interview with Hearst Newspapers on Friday whether he believes there was widespread fraud in the election, Cruz responded: “I don’t know if there was sufficient fraud to alter the outcome, I have never said that there was. What I said was there were serious allegations of fraud, and those allegations need to be examined carefully.”

In objecting to Arizona’s results, Cruz was pushing for an “emergency audit,” which he argues could have provided the final say Trump supporters needed. His objection was initially supported by 10 other senators, though two changed their minds after the riot.

“It would have been a much better solution, it would have helped bring this country together, it would have helped heal the divisions we have in this country and help reestablish trust in our democratic system,” Cruz said. “What I was working to do is find a way to reestablish widespread trust in the system.”

Critics accuse Cruz of doing the opposite by ignoring the fact that Trump’s claims had been thrown out of dozens of courts, including the U.S. Supreme Court. They call his objection a craven attempt to appeal to Trump supporters and raise money for his own presidential bid.

[…]

Texas political experts and operatives say the blowback Cruz is facing now is unlikely to last as long as some expect.

“I’m not sure the criticism of some of his fellow Republicans, elites, or certainly Democrats, really make that much difference in the medium and long term,” said James Henson, director of the Texas Politics Project at the University of Texas at Austin. “The only thing that’s ever really diluted the support of Republican voters in Texas for Cruz was when he was crosswise with Trump, and he knows that — and we’re seeing evidence he knows that.”

Cruz’s approval rating among Republicans in Texas hit its lowest point — 55 percent — in June 2016, at the height of his primary battle with Trump, Henson said. By October 2018 it had risen back to 86 percent and Henson said it hasn’t wavered much since.

“I think that as far as the voters go, the people who decide primary elections in Texas and elect Republicans in Texas … many of them are sticking with President Trump still and sticking with Ted Cruz still,” said Brendan Steinhauser, a GOP strategist in Texas.

Steinhauser, who is an outspoken critic of Trump but a supporter of Cruz, said in his conversations with family, friends and other Republicans in Texas over the last 48 hours, “there are still just a huge number of people who are just backing up Donald Trump’s line on this.”

Still, Steinhauser said, it’s significant that criticism of Trump is growing among Republicans, including Cruz.

“Everybody in Texas, whether it’s going to get my car fixed today, they’re talking about it. Going to get a drink with a friend last night, they’re talking about it,” Steinhauser said. “It’s not arguing about the ExIm Bank. Real people in Houston, Texas, are talking about this today.

“He probably does feel like he needs to explain himself.”

I think the thing about Cruz, and the reason why he is so widely despised, is that for as smart as he supposedly is, he treats everyone else like we’re stupid. It’s not just that he lies, it’s that he clearly doesn’t think anyone can see through his transparent bullshit. Maybe his approval rating among Republicans hasn’t moved much from the 86% he had in October of 2018, but that was right before he came very close to losing. That doesn’t seem like a solid place to be, if you ask me.

In the meantime, we know he’s not going to resign or be expelled, but we can enjoy the clamor for those things to happen.

Well, someone needs to make a motion for that to happen, I assume, so…

There’s not one but two Chron editorials calling on Cruz to resign – the second one also calls out Ken Paxton and the sixteen Texas members of Congress who supported the challenge to the electoral votes. Neither that nor the expulsion are going to happen, of course, but we can dream for a minute. And we can work like hell to make this happen, too.

“I think they should be just flat beaten the next time they run,” Biden said, when asked if Cruz and another Republican senator, Josh Hawley of Missouri, ought to step down. “I think the American public has a real good clear look at who they are. They’re part of the big lie, the big lie.”

From your lips to God’s ears, Mr. President. Please note the best thing you can do to help is have a great term and clean up the ginormous mess that Trump left behind, with Ted Cruz’s help. The better off we all are in four years’ time, the better the odds that Ted Cruz will become a private citizen again.

On prosecuting the insurrectionists

This is a good start.

While federal prosecutors in the nation’s capital will likely tackle the bulk of criminal charges for the perpetrators of Wednesday’s insurrection at the U.S. Capitol, Ryan K. Patrick is among a growing number of U.S. attorneys around the country vowing to prosecute anyone from their regions who traveled to Washington, D.C., to participate.

More than a dozen U.S. attorneys from Texas, Alabama, Oklahoma, Nebraska, Ohio, South Carolina, Kentucky, Pennsylvania, Connecticut, West Virginia, Virginia and Maryland have made statements that they’d go after people in their districts who made the trip to Washington.

Patrick, who represents the Southern District of Texas, commonly abbreviated SDTX, tweeted Wednesday, “What happened today in Washington was despicable and illegal. Storming a government building is not a protest, it’s anarchy. Arrest them, charge them, and incarcerate them.”

And he added, “And if these clowns today don’t think the capitol police, FBI, FPS and others won’t be poring over open source and other video to make cases, they’re wrong. If any of these leads points to SDTX, we’re on it.”

FBI Director Christopher Wray promised in a statement Thursday to investigate the crowds of participants: “Make no mistake: With our partners, we will hold accountable those who participated in yesterday’s siege of the Capitol.”

[…]

Reports of Capitol mob participants are already cropping up in Texas.

A Texas attorney who videos appear to show participated in the violent mob that took over the Capitol was identified by a journalist.

Paul MacNeal Davis, an attorney eligible to practice law in Texas and based in Frisco, was terminated from his position at Goosehead Insurance, a company with offices in Houston and across Texas.

The video was originally posted to Instagram by an account that appears to belong to Davis. The same account posted a message to followers Thursday morning stating, “I already lost my job because of the Twitter mob. I’m not upset. I’m thankful to be suffering for righteousness and freedom.”

The Bexar County Sheriff’s Office is investigating whether a jail lieutenant broke policy or any laws by attending the pro-Trump rally that later turned into the mob.

Sheriff Javier Salazar said 46-year-old Roxanne Mathai, an eight-year veteran with the department, posted selfies and photos of the crowd in Washington to her Facebook page, identifying herself as a BCSO employee.

Justice Department officials in Washington will likely pursue cases that involve violence, theft, property damage, criminal mischief, trespassing or knowingly entering or remaining in restricted building or grounds without permission, Patrick said. The department handles theses cases because there is no district attorney in Washington. But there are charges local districts can file as well, on their own or in coordination with “main justice” in Washington.

If someone involved in the melee lived in the sprawling 43-county Southern District, Patrick said, he would investigate whether the person planned in advance to travel to Washington to incite a riot.

Here’s another seditious chucklehead to investigate, though I’d guess she’s in a different district. These guys weren’t hiding their motives or intentions, so by all means look into all possibilities, but do keep in mind that just what was done in the Capitol will keep prosecutors and law enforcement very busy. And by all means, think big.

Supporters of President Donald Trump who stormed the U.S. Capitol, breaking windows and stealing things, could face charges including sedition, insurrection and rioting, Washington, D.C.’s top federal prosecutor said on Thursday.

“All of those charges are on the table,” Acting U.S. Attorney Michael Sherwin told reporters in a call, when asked about possible charges of sedition, rioting or insurrection.

“We’re not going to keep anything out of our arsenal.”

The Justice Department has filed 55 criminal cases about events this week, Sherwin said, some pre-dating Wednesday’s assault on the seat of government, including the arrest of far-right Proud Boys leader Enrique Tarrio on Monday.

Sherwin repeatedly said no suspects in Wednesday’s riots would be ruled out – even when asked whether this could include Capitol Police who may have been complicit or Trump himself for urging protesters to march on the Capitol at a rally on Wednesday.

“We’re looking at all actors here and anyone that had a role, and the evidence fits the elements of a crime, they’re going to be charged.”

Oh, and did we mention that a Capitol police officer died as a result of injuries sustained during this riot? I want to see a lot of people charged with being accessories to his death. The point here is to make the price of this exercise in fascism as steep as possible for as many people as possible. It’s by far the best way to make future such events less likely.

And if all that is not enough:

As horrible as this was, this could have been so much worse. Get every last one of them arrested and convicted. Daily Kos has more.

What to do about Ted and Kenny?

You wouldn’t think it would be possible for Ted Cruz to become more loathesome, but if you think that you seriously underestimate him.

Not Ted Cruz

Two nights before the Electoral College certification in Congress, Ted Cruz was in vintage form.

The junior U.S. senator from Texas was calling in to a friendly conservative radio host — Mark Levin — and setting up Wednesday’s vote to be the kind of intraparty line in the sand that has powered his political rise.

By then, Senate Majority Leader Mitch McConnell had made clear that he opposed objections to certifying Joe Biden’s election as the next president. But Cruz and 10 other GOP senators announced they would still object unless Congress agreed to an “emergency audit” of the presidential election results.

Cruz told Levin that there were some conservatives “who in good conscience” disagree with his view of Congress’ role in certifying the presidential election results, and that he had talked to them and did not fault them. On the other hand, Cruz said, there were “some Republicans who are not conservatives but who are piously and self-righteously preening” when it comes to the issue.

In spearheading the group of objectors, Cruz arguably upstaged U.S. Sen. Josh Hawley, R-Missouri, who announced his plan to object three days earlier — and, like Cruz, is considered a potential 2024 presidential contender.

But on Wednesday, what Cruz might have thought was a savvy political play took an alarming turn: Supporters of President Donald Trump stormed and ransacked the U.S. Capitol while lawmakers were considering Cruz’s objection. Three people suffered medical emergencies during the siege and died; their deaths were in addition to another woman who was shot by a Capitol police officer.

Cruz denounced the violence but incurred a fierce backlash from critics in both parties, who said his drive to question the election results — and appease the president and his supporters ahead of a possible 2024 run — helped fan the flames of anger among Trump supporters. Prominent Texas Democrats called for him to resign. Many others suggested he’d played an inciting role in one of the darkest days in modern American history.

Politically, it was a high-stakes distillation of GOP tactics in the era of Trump.

“His challenge of the Electoral College votes helps him among core Trump supporters but risks further damaging his political standing among rank-and-file Republicans like moderates and suburban swing voters who have traditionally formed a stable winning coalition for Republicans in Texas and nationally,” said Brandon Rottinghaus, a political science professor at the University of Houston, who added, “Siding with Trump is risky.”

Few people can pull of smarm and condescension at such a high level, but Cruz makes it look easy. The political environment was very favorable to Democrats in 2018 in large part because of anger against Donald Trump – and, it would seem, his absence on the ballot – and that went even further in the Senate race, where Cruz and his extreme unlikability took it the extra mile. Maybe a better politician, or at least someone who more closely resembles a normal human being, could get that to simmer down over time, but Cruz never misses a beat. He’s cast his lot with the Trumper deplorables, and maybe that’s his best bet to get an edge in the 2024 GOP presidential primary. All I know is, the more people who are sick of his shit, the better. Whether he runs for President or Senate or both in 2024 (remember that legally, he can do that in Texas), I expect we’ll be able to drum up some enthusiasm against him.

Having said all that, I’m unfortunately quite ambivalent about any effort to get him expelled from the Senate. I’ve no doubt that plenty of his Republican colleagues in the Senate also despise him, but voting to boot him out, which will take a non-trivial number of Republicans to happen, is a heavy lift. Just the act of putting a partisan target on his back like that will force some of them to defend him, and that’s the last thing we want to do. Chuck Schumer takes over as Senate Majority Leader on January 22, two days into the Biden administration. There’s a ton of vital stuff that needs to happen right away, from COVID relief to voting rights and much more, and the last thing we’re going to need is a sideshow. And look, as much as I’d love to see Cruz get the heave-ho, even if it did happen Greg Abbott would get to appoint his replacement, who almost by definition will be able to work better with his Republican mates. Where’s the upside in that? Let him stay where he’s mostly going to be ineffective and might help keep his caucus divided.

Now, Ken Paxton, on the other hand…

Best mugshot ever

On Wednesday morning, Ken Paxton stood in front of a roaring crowd, reminding a sea of President Donald Trump’s supporters that the president “is a fighter” and his backers must be, too.

“We’re here. We will not quit fighting,” he said, slamming Republican officials in Georgia who have stood by President-elect Joe Biden’s victory there. “We are Texans, we are Americans, and we’re not quitting.”

But by the evening — after members of the crowd he had invited to Washington, D.C., stirred up with false claims about election fraud, resorted to violence, smashing windows and scaling walls to breach the nation’s Capitol in a mob that forced members of Congress to flee and left at least one woman dead — he had claimed they were not his ilk at all.

“These are not Trump supporters,” he falsely claimed on Twitter and Facebook, citing incorrect reports that the pro-Trump mob that invaded the Capitol had been infiltrated by liberal antifa activists.

[…]

On Thursday, Grand Prairie state Rep. Chris Turner, chair of the Texas House Democratic Caucus, called for an investigation into Paxton’s role in Wednesday’s riot, leaving the door open to curbing the power of his office, restricting its budget, even censure and impeachment.

“From filing a fraudulent lawsuit that fueled unhinged conspiracy theories about a free and fair election, to egging on the crowd of insurrectionists in Washington, D.C., Paxton has played a major role in creating the national crisis that culminated with the first breach of our nation’s capital since the War of 1812,” Turner said. “Even today, Paxton has used social media to spread lies about yesterday’s acts of violence and insurrection.”

In December, Paxton’s support for Trump took the form of a widely panned, and ultimately rejected, lawsuit before the U.S. Supreme Court seeking to toss the election results in four battleground states that had handed the White House to Joe Biden. The lawsuit leaned on discredited claims of election fraud in the battleground states.

Paxton finds himself in a precarious political position, even before Wednesday’s disastrous events. Since October, he has been embroiled in a scandal after eight of his top aides in the attorney general’s office told authorities they believed he was breaking the law by doing a series of favors for a political donor.

Texas Republicans — many of whom stayed quiet for the past five years as Paxton battled felony securities fraud charges — came forward to express their disapproval. Some fellow conservatives, including his former top aide U.S. Rep. Chip Roy, have called for his resignation. An FBI investigation into Paxton’s conduct is reportedly moving ahead full-throttle, and in the meantime, the fresh criminal allegations are poised to impose tens of millions of dollars in costs to his constituents: Texas taxpayers.

Paxton has been in hot water before, and often escaped it only to climb higher politically, galvanizing support from the Republican party’s right flank. He alienated some with a long shot run for Texas House speaker, then got elected to the state Senate. He has characterized long-running felony securities fraud charges as a political witch hunt, much as Trump did in Washington.

Still, Paxton may have fewer defenders now than ever before.

At a low point in his rollercoaster political career, Paxton is betting on the Trump base to bring him back up the hill, lending the legitimacy of office to debunked claims that have motivated violence.

Here, I think the calculus is a little different. Opposing Paxton’s need for need for millions of dollars in attorneys’ fees should be easy enough, and will provide a test as to whether his wings can get clipped a bit. I don’t expect much more than that, for the same reason I don’t expect even the biggest Cruz-hating Republicans in the Senate to support a motion to expel him, but we can certainly make him more toxic, and harder for his buddies to defend. Paxton had the second-worst showing in 2018, right behind Ted Cruz, and I think it’s fair to say that patience is a little thin for him. Greg Abbott and Dan Patrick and the rest have to consider the possibility that Paxton and his FBI investigation – even if Trump swoops in with a pardon – will be a burden on them in 2022. I’m sure they believe they’ll be re-elected anyway, but who needs the headache?

What they do about it is less clear. They could support a primary challenger – more likely, they’d just not get in a challenger’s way – or they could just avoid talking about Paxton as much as possible. Or they can just grit their teeth and stand by their man. I’m not listing the “quietly push him to not run for re-election” option, because I think it’s pretty clear that’s not going to work. So what we need to do is help keep the spotlight on our felonious and insurrectionist AG. There’s a petition to sign that calls for his resignation or impeachment, if you’re the petition-signing type. But mostly, just make sure everyone that you know also knows what a terrible person he is. We’re going to have to throw him out the old-fashioned way, so we’d better get to work on it.

Impeach him again

This is Donald Trump’s fault. All of it, though he did have plenty of assistance. Impeach him again, convict him this time, and then arrest him on the way out the door. There had been a call for censure before yesterday’s appalling disgrace, and I applaud Rep. Colin Allred for supporting that call, but we’re way past that point now.

And never forget that Ken Paxton had traveled to DC to be there for this. Never forget Ted Cruz sent a fundraising email in the immediate aftermath. Every day, they should both should be reminded of this.

All of Trump’s lickspittle seditious enablers, from Paxton to Ted Cruz to Louie Gohmert to Dan Crenshaw and more, should resign in shame, delete all their social media accounts, and never speak in public again, but only after they finally, finally, disavow Trump. Assuming they’re even capable of that. I don’t have words strong enough to adequately condemn all this.

One last thing: Given the failure of the DC police to stop or apprehend these thugs, it’s now on President Biden’s Justice Department to do a thorough review of all the video, news stories, social media posts, and anything else, and then arrest every single person they can identify that was inside the Capitol. None of them should be allowed to get away with this. Those who were just there for the lulz and didn’t invade the building should be named and shamed.

Ted Cruz says “Look at me! Look at meeeeeeeeeeeee!”

Also, “Look at me!”

Not Ted Cruz

Continuing to pursue unsubstantiated claims of widespread voter fraud, U.S. Sen. Ted Cruz and some of his fellow GOP senators announced they would vote to reject the certification of Electoral College votes for the presidential election unless an emergency audit is conducted.

In a joint statement released Saturday, Cruz and the other senators cited “unprecedented allegations of voter fraud, violations and lax enforcement of election law” to back their vow to object to the certification vote set for Wednesday. Republican claims of election fraud in swing states have been discredited with election officials and U.S. Attorney General Bill Barr saying there was no evidence of widespread fraud that could have swayed the results of the presidential election.

The senators, led by Cruz, called on the appointment of an Electoral Commission to conduct a 10-day audit of the election results in “disputed states.” The statement does not list which states should be included, nor does it mention any specific cases of fraud.

“We are not naïve. We fully expect most if not all Democrats, and perhaps more than a few Republicans, to vote otherwise,” the statement reads. “But support of election integrity should not be a partisan issue.”

Sure, Ted. Let’s be clear, even if there were merit to giving in to this ridiculous demand, does anyone believe there is any outcome other than completely throwing out all the election results that Ted Cruz doesn’t like that would be acceptable to Ted Cruz? It’s not like there haven’t already been dozens and dozens of opportunities for all of these feverish allegations to be reviewed – as Ted Cruz’s Senate colleague Ben Sasse notes, the Trump administration and its toadies have had numerous chances in court to provide evidence of fraud, and they just simply haven’t done it, because they just simply don’t have any such evidence. If you want a more technical takedown of this, Derek Muller has the analysis you’re seeking. And lastly, as Kevin Drum notes, Cruz is not a moron. He knows all this. And yet, he explicitly cites the incredibly racist Hayes/Tilden “compromise” of 1877 as his guiding example. What more do you need to know?

UPDATE: Here’s the Chron story about this.

So is anyone going to try to collect Dan Patrick’s reward money?

Here’s a nice little research paper for you:

On November 10, 2020, Texas Lieutenant Governor Dan Patrick put out a press release stating, in relevant part, “[S]tarting today [I] will pay up to $1 million to incentivize, encourage and reward people to come forward and report voter fraud. . . . Anyone who provides information that leads to an arrest and final conviction of voter fraud will be paid a minimum of $25,000.” This concise Article analyzes whether Patrick’s statement constitutes an offer that contractually obligates him to pay in the event someone accepts by completing the requested action. Additionally, the potential existence of a campaign finance violation is considered.

[…]

Conclusion

Texas Lieutenant Governor Dan Patrick’s press release likely constitutes an offer that would contractually obligate him to pay if someone accepts by completing the requested action. While a short tweet alone is likely not enough to constitute a contractual offer for a $25,000 reward, 28 Patrick’s press release probably is. Given the details provided, Patrick’s position as Lieutenant Governor, and the absence of any indication of it being a joke, a reasonable person would likely assume that completing the requested performance would entitle him to the stated payment.

Patrick should not only be concerned about a potential obligation to pay out the promised reward money but also the potentiality of a campaign finance violation. His press release announcing the award explicitly refers to supporting Trump in his efforts to identify voter fraud.29 And it is likely the case that Trump views such accusations of voter fraud favorably.30

You should download and read the whole thing, it’s short and sufficiently non-technical. My takeaway from this is that someone, perhaps on behalf of Pennsylvania Lt. Gov. John Fetterman, should pursue this in court. There’s some merit to the claim that Patrick’s ridiculous offer meets the definition of a contract, and if nothing else it will make him spend time and money defending himself while keeping his dumb business in the news. I can think of worse things to do in 2021. Thanks to commenter Wolfgang for unearthing this little gem.

Fifth Circuit bats aside Gohmert appeal

In case you were wondering…

See here for the background. That’s two Reagan appointees and one Trump appointee, by the way. I suppose they could try their luck with SCOTUS, but you’d have to be Gohmert-level stupid to think they’d have a chance.

I saw this while scrolling Twitter and watching the Orange Bowl. There may be a news story out there, but it’s Saturday night and I’m not looking for it. Really, this is all there is to know.

Gohmert lawsuit tossed

As expected.

A judge dismissed a lawsuit from Rep. Louie Gohmert, R-Texas, that was aimed at Vice President Mike Pence, seeking to put the authority to overturn President-elect Joe Biden’s election win in the vice president’s hands.

U.S. District Court Judge Jeremy Kernodle, who is a Trump appointee, said Gohmert and a group of other Republicans on the lawsuit “lack standing.”

Gohmert “alleges at most an institutional inquiry to the House of Representatives,” Kernodle wrote.

Gohmert and the group of Republicans filed the suit against Pence this week, arguing that the vice president has the constitutional authority to decide which states’ Electoral College votes to count.

Kernodle continued, “The other Plaintiffs, the slate of Republican Presidential Electors for the State of Arizona (the ‘Nominee-Electors’), allege an injury that is not fairly traceable to the Defendant, the Vice President of the United States, and is unlikely to be redressed by the requested relief.”

“Accordingly, as explained below, the Court lacks subject matter jurisdiction over this case and must dismiss the action,” the judge stated.

See here and here for the background, and here for a copy of the judge’s order. I’d like to say that this is the last desperate and seditious thing that a stupid and malevolent officeholder will do to try to overturn the election, but I said that about the Paxton lawsuit and the objections to the Electoral College certification, so I’m just gonna keep my piehole closed this time. Raffi Melkonian and Steve Vladeck have more.

Pence asks for deranged Gohmert lawsuit to be dismissed

Here we go.

Vice President Mike Pence has asked a federal judge to throw out a lawsuit brought against him by Republicans seeking to empower him to overturn the results of the 2020 presidential election.

The suit, brought by Rep. Louie Gohmert (R-Texas) and 11 Arizonans who would have been electors for President Donald Trump, was aimed at throwing out the rules of a Jan. 6 session of Congress — with Pence presiding — intended to certify President-elect Joe Biden’s victory.

Gohmert’s suit contends that the rules Congress has followed for more than a century are unconstitutional because they override the vice president’s power to unilaterally decide which electoral votes to count. Trump allies have urged Pence to assert control and refuse to introduce Biden’s electors in key states that handed him the presidency.

But Pence, in a 14-page filing brought by Justice Department attorneys, said the suit shouldn’t be aimed at him, since he is who Gohmert is trying to empower.

“A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,” Pence’s brief said.

U.S. District Court Judge Jeremy Kernolde, a Trump appointee who sits in Tyler, Texas, has not scheduled a hearing in the case. Gohmert is due to file a reply to Pence’s brief on Friday morning.

See here for the background. “Friday” is today, so we may get a ruling as quickly as this afternoon, given how bonkers (and yes, seditious) this action is.

In a 26-page brief calling on the court to reject Gohmert’s suit, House General Counsel Doug Letter described the effort as baseless and argued that both Gohmert and the Arizona electors lacked standing to bring it.

“At bottom, this litigation seeks to enlist the federal courts in a belated and meritless assault on longstanding constitutional processes for confirming the results of a national election for President,” Letter said.

Letter also says that Gohmert’s argument lacks substantive logic: It would make no sense for the framers to empower the sitting vice president to unilaterally control who becomes the next president, particularly when that sitting vice president is a candidate on the ticket. He also notes it would upend the accepted process for counting electoral votes that has been in practice for more than 130 years.

“Granting plaintiffs this extraordinary relief just days before the Joint Session would not only reward their inexcusably delayed filing,” Letter says, “it would also risk upending the orderly rules that have governed Congressional counting of electoral votes for more than a century and undermining the public’s confidence in the constitutionally prescribed processes for confirming—not overturning—the results of the election.”

I mean yes, if you’re going to rely on such stolid concepts as “logic” or “consistency” or “the rule of law”, then Gohmert’s suit should not only be laughed out of court, everyone associated with it should be removed from society so as not to taint the rest of us with the accompanying stink. Putting the attorneys in stocks and allowing the general public to hurl cream pies at them would also be an acceptable outcome, but alas, the law is limited in its menu of responses. We’ll have to settle for a swift dismissal, and work on winning some more elections.

Precinct analysis: Other cities

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

I mentioned in an earlier post that I might look at election results from other cities that had their own races in November. Turns out there were quite a few of them that had their elections conducted by Harris County, and thus had their results in the spreadsheet I got. Let’s have a look.


City            Trump  Biden  Lib  Grn  Trump%  Biden%   Lib%   Grn%
====================================================================
Baytown         3,879  2,394   55   21  61.10%  37.71%  0.87%  0.33%
Bellaire        4,553  6,565  115   29  40.43%  58.29%  1.02%  0.26%
Deer Park      11,192  3,622  167   39  74.51%  24.11%  1.11%  0.26%
Friendswood     5,312  4,357  144   24  54.00%  44.29%  1.46%  0.24%
Galena Park     1,026  1,614   18    9  38.47%  60.52%  0.67%  0.34%
Humble          5,084  6,274  107   53  44.14%  54.47%  0.93%  0.46%
Katy            4,373  1,918   82   17  68.44%  30.02%  1.28%  0.27%
La Porte       11,561  5,036  201   69  68.54%  29.86%  1.19%  0.41%
League City     1,605  1,196   38    4  56.45%  42.07%  1.34%  0.14%
Missouri City     457  2,025    8    8  18.29%  81.06%  0.32%  0.32%
Nassau Bay      1,433  1,003   32    4  57.97%  40.57%  1.29%  0.16%
Pearland        5,397  7,943   84   32  40.11%  59.03%  0.62%  0.24%
Seabrook        5,532  2,768  104   21  65.66%  32.85%  1.23%  0.25%
Webster         4,594  4,850  159   33  47.68%  50.33%  1.65%  0.34%

City           Cornyn  Hegar  Lib  Grn Cornyn%  Hegar%   Lib%   Grn%
====================================================================
Baytown         3,814  2,255  119   49  61.15%  36.16%  1.91%  0.79%
Bellaire        5,312  5,762   93   48  47.37%  51.38%  0.83%  0.43%
Deer Park      11,098  3,355  269   90  74.93%  22.65%  1.82%  0.61%
Friendswood     5,380  4,009  221   74  55.56%  41.40%  2.28%  0.76%
Galena Park       892  1,408   40   42  37.45%  59.11%  1.68%  1.76%
Humble          5,098  5,927  233   98  44.89%  52.19%  2.05%  0.86%
Katy            4,401  1,749  129   40  69.65%  27.68%  2.04%  0.63%
La Porte       11,361  4,743  365  108  68.53%  28.61%  2.20%  0.65%
League City     1,654  1,099   39   18  58.86%  39.11%  1.39%  0.64%
Missouri City     458  1,934   38   25  18.66%  78.78%  1.55%  1.02%
Nassau Bay      1,471    928   43   12  59.94%  37.82%  1.75%  0.49%
Pearland        5,432  7,551  190  113  40.89%  56.83%  1.43%  0.85%
Seabrook        5,561  2,545  190   43  66.69%  30.52%  2.28%  0.52%
Webster         4,625  4,541  230   82  48.80%  47.91%  2.43%  0.87%

City           Wright  Casta  Lib  Grn Wright%  Casta%   Lib%   Grn%
====================================================================
Baytown         3,681  2,306  129   51  59.02%  36.97%  2.07%  0.82%
Bellaire        5,227  5,444  142  115  46.61%  48.54%  1.27%  1.03%
Deer Park      10,894  3,355  294  109  73.55%  22.65%  1.98%  0.74%
Friendswood     5,216  3,901  253  155  53.86%  40.28%  2.61%  1.60%
Galena Park       801  1,478   45   42  33.63%  62.05%  1.89%  1.76%
Humble          4,872  5,962  247  156  42.90%  52.50%  2.18%  1.37%
Katy            4,365  1,677  141   74  69.08%  26.54%  2.23%  1.17%
La Porte       11,057  4,773  393  175  66.70%  28.79%  2.37%  1.06%
League City     1,616  1,069   49   38  57.51%  38.04%  1.74%  1.35%
Missouri City     421  1,944   38   34  17.15%  79.19%  1.55%  1.38%
Nassau Bay      1,417    898   60   28  57.74%  36.59%  2.44%  1.14%
Pearland        5,205  7,571  189  172  39.18%  56.98%  1.42%  1.29%
Seabrook        5,477  2,439  232   83  65.68%  29.25%  2.78%  1.00%
Webster         4,488  4,416  283  165  47.35%  46.59%  2.99%  1.74%

A few words of caution before we begin. Most of these city races were at large – they were for Mayor or were citywide propositions (some of these towns had literally an entire alphabet’s worth of props for the voters), a few were At Large City Council races. Baytown, Katy, and Webster were City Council races that did not appear to be at large; League City had a Council race that didn’t give any indication one way or the other. Some of these cities – Friendswood, Katy, League City, Missouri City, and Pearland – are not fully contained within Harris County, so these are just partial results. As with the city of Houston, there’s no guarantee that Harris County precinct boundaries match city boundaries, or that precincts are contained entirely within that city, so the results from the other races may contain voters who aren’t in the city specified. Basically, consider these all to be approximations, and we’ll be fine.

I had no idea what to expect from these numbers. With the exception of Bellaire and Galena Park, all of these place are on the outer edges of Harris County, so generally in the red zone, but not exclusively. I expected Galena Park and Missouri City to be blue, I expected Baytown and Deer Park and Friendswood to be red, and the rest I either didn’t have any preconceived notions or was a little surprised. I wouldn’t have expected Bellaire or Humble to be blue – Bellaire is squarely in the CD07/HD134 part of town, so while it’s not all that shocking, I feel quite confident saying that if I did this same exercise in 2012, I’d have gotten a different result. The Katy area is getting bluer, which is how Dems won HD132 in 2018, but apparently that is not the case for the city of Katy proper, or at least the Harris County part of it. I’d guess the Brazoria County part of Pearland is redder than the Harris County part. As for La Porte, it’s not that I’m surprised that it’s red, it’s more that I’d never thought much about it.

I don’t have a whole lot more to say here – I don’t have past data handy, so I can’t make any comparisons, but even if I did we already mostly have the picture from earlier posts. It’s the same geography, just different pieces of it. There’s been a push by the TDP lately to get more local officials elected in towns like these, which is often a challenge in low-turnout May elections. There clearly some opportunities, though, and we should look to support candidates who put themselves out there in places where they’re not the norm. I have a friend who ran for Humble ISD in 2017, and while she didn’t win, that’s the sort of effort we need to get behind. Keep an eye out for what you can do this May, and find some good people to work with.

Okay, so *this* is the last pointless gesture

You can always count on Louie Gohmert to find the stupidest thing possible to do.

Vice President Pence was sued Sunday by Rep. Louie Gohmert (R-Texas) and several other Republicans in a far-fetched bid that appeared aimed at overturning President-elect Joe Biden’s election win.

The lawsuit focuses on Pence’s role in an upcoming Jan. 6 meeting of Congress to count states’ electoral votes and finalize Biden’s victory over President Trump. Typically, the vice president’s role in presiding over the meeting is a largely ceremonial one governed by an 1887 federal law known as the Electoral Count Act.

But the Republican lawsuit, which was filed against Pence in his official capacity as vice president, asks a federal judge in Texas to strike down the law as unconstitutional. The GOP plaintiffs go further: They ask the court to grant Pence the authority on Jan. 6 to effectively overturn Trump’s defeat in key battleground states.

Election law experts were dismissive of the lawsuit’s prospects for success.

“The idea that the Vice President has sole authority to determine whether or not to count electoral votes submitted by a state, or which of competing submissions to count, is inconsistent with a proper understanding of the Constitution,” said Edward Foley, a law professor at the Ohio State University.

[…]

Election law experts said there’s a strong possibility that U.S. District Judge Jeremy Kernodle, a Trump appointee, would find that Gohmert, Ward and the other Republican litigants lacked a legal right to sue.

“I’m not at all sure that the court will get to the merits of this lawsuit, given questions about the plaintiffs’ standing to bring this kind of claim, as well as other procedural obstacles,” Foley said.

Take that, Lance Gooden! Louie will show you what true fealty to Dear Leader looks like. In the spirit of not wasting your time any more than I already have, I will as tradition demands quote a couple of tweets from people who have some knowledge of the law and the constitution.

Rick Hasen has a copy of the complaint if for some reason you want to read it. Otherwise, you may safely resume ignoring Louie Gohmert, at least until the next time he unleashes some Kraken-level stupidity. Daily Kos has more.

One last (?) pointless gesture

Because true desperation never dies, I guess.

Rep. Lance Gooden of Terrell is one of the latest members of Congress to say he is going to object to the Electoral College certification on Jan. 6. Now, he says he just needs Sen. Ted Cruz or Sen. John Cornyn to join him.

The Terrell Republican said neither senator had yet responded to him on a Fox News interview Wednesday evening, but he said he was confident that another senator would step up. Sen.-elect Tommy Tuberville of Alabama has indicated that he might object.

“On January the 6th, I suspect that more senators will come out and join me in this objection,” Gooden said. “But we’re starting here at home with Sen. Cornyn and Sen. Cruz.”

Gooden is not the only Texas Republican who has pledged to object to the Electoral College count. He signed a letter with Reps. Brian Babin of Woodville, Louie Gohmert of Tyler and Randy Weber of Friendswood saying they all would object to the results of the presidential election if Congress does not investigate claims of alleged voter fraud by Jan. 6.

In a letter to the senators, Gooden called for a full audit of ballots in Georgia, Arizona, Michigan and Pennsylvania, where the Trump campaign alleges fraud has occurred, despite little evidence.

[…]

The Electoral College voted for President-elect Joe Biden with a 306-232 majority on Dec. 14, but the last opportunity to challenge the results of the election will take place when Congress meets to certify the Electoral College results on Jan. 6. If at least one member of the Senate and one member of the House object to the results of the election, Congress must debate the matter.

Unless a majority in each chamber votes to reject the electors, the tally will stand. Since Democrats control the House, it is unlikely to be successful.

That’s “zero evidence”, and “not going to be successful”, but do go on. Louie Gohmert is stupid enough to believe his own bullshit, but I suspect the others have to know this is all a farce, and they’re doing it anyway because Donald Trump means more to them than any of the American values they have so piously intoned at us over the years. In the spirit of Christmas, I’m just going to leave it at that.

The proper level of seriousness

Meet John Fetterman (if you haven’t already), Lt. Governor of Pennsylvania and America’s foremost Dan Patrick troll.

John Fetterman

All John Fetterman wants for Christmas is the $3 million he says Texas Lt. Gov. Dan Patrick owes him.

The Democratic lieutenant governor of Pennsylvania has been trolling his Republican counterpart for weeks to collect on the $1 million Patrick offered in November for evidence of fraud in the Nov. 3 election. Three supporters of President Donald Trump have now been charged in separate voter fraud schemes in Pennsylvania. Fetterman says they should all count for bounty purposes.

The most recent charges came this week — against the second Pennsylvania man to be accused of casting a ballot for Trump in the name of his deceased mother.

“We hit the jackpot with this last one,” Fetterman said. “There are three documented cases — three.”

“All I want for Christmas is my handsome reward from Dan Patrick,” Fetterman tweeted on Dec. 18 with a Christmas tree and pleading face emoji. Fetterman says he’ll donate the proceeds to food banks in the form of gift cards to Sheetz and Wawa, competing Pennsylvania convenience stores with die-hard followings.

Patrick has responded to Fetterman just once, in a tweet in November that read: “Faith in the electoral process is a serious issue. Transparency is critical. PA Dems brought this on themselves w/ last minute changes to election laws and counting ballots behind closed doors. Respond to the reports. Answer the questions. Stop the snide put-downs and #getserious”

Fetterman says he is serious — about debunking the false allegations being thrown at his state. He has taken the lead in Pennsylvania pushing back on bogus claims of voter fraud circulated by Trump and his allies. Patrick — honorary chairman of Trump’s campaign in Texas — and his million-dollar reward are helping to disprove those claims, Fetterman says.

“While it’s undoubtedly and undeniably hilarious these cases involved Trump voters and their dead mothers, it’s irrelevant because it documents how truly rare voter fraud is and how impossible it is to truly pull it off,” Fetterman said.

Fetterman has spent the last six weeks hounding Patrick, who he says is “just such a Trump simp, it’s just pathetic.”

“The thing that’s so especially galling is that people like him were smearing our state when we actually had an impeccable election,” Fetterman said. “They keep trying to malign and smear the quality work done by both sides — we’ve got way more Republican counties than Democratic counties. He’s smearing Republicans and Democrats alike when he impugns the electoral integrity.”

“If you’re going to smear my state, then you need to pay up, because we delivered what you asked for,” he said.

I trust you recall the Dan Patrick “one million dollars for voter fraud” challenge. Of course it was a ridiculous stunt by a shameless publicity whore – anyone else remember the time then-Sen. Dan Patrick, in his first term, brought a million dollars in actual cash to a press conference he’d called because he wanted to make sure everyone understood how much money that was? – and I doubt he gave it much thought beyond approving the media release, but I suspect Fetterman’s response caught him flat-footed. The prune-faced responses from Patrick and his press secretary would suggest they had no planned answer for anyone who took his “challenge” seriously. As such, he’s been thoroughly owned by someone who played the game at a much higher level than he did.

The great irony of this is that the relentless efforts by clowns like Patrick and Ken Paxton – and Greg Abbott before Paxton – to find and prove “voter fraud” on anything grander than a “dude who tried to cast a ballot for his dead mother” level is the best proof anyone could offer of the lack of same. I call this a “Bigfoot hunt” because the parallel is so clear – after decades of Bigfoot hunter tromping around the woods and forests without a single bone, footprint, pelt, or piece of scat to offer as proof of existence, what reasonable person could conclude anything other than there ain’t no such thing? We have literally tons of evidence of creatures that lived hundreds of millions of years ago, but not even one lousy sample of Bigfoot DNA. We have millions of dedicated “voter fraud” hunters, and they can’t come up with anything better than the Fetterman-supplied dude in Forty Fort impersonating his dead mother. You tell me what it means.

More on the TDP 2020 audit

I’m very much looking forward to seeing the final report, but I don’t have a clear idea of the objectives from this story.

[Unsuccessful State House candidate Brandy Chambers’] election night confusion mirrors the second-guessing going on within the Texas Democratic Party, the members of which received every advantage they hoped for in 2020 — enough campaign cash to keep pace with a well-funded GOP, a polarizing candidate at the top of the Republican ticket and historically high voter turnout — but still gained virtually nothing.

The early diagnosis: A national push to avoid in-person campaigning because of the pandemic was ruinous, especially with Latino voters who are key to the party’s fortunes in Texas. Early polls were skewed against conservatives and gave Democrats a false sense of security. Republicans effectively characterized calls to defund the police as a threat to public safety. And the party’s message did not connect with the average voter worried about recovering from the economic hurt inflicted by COVID-19.

Texas Democrats believe the lack of in-person campaign events and door-knocking especially hurt them come Election Day, as Republicans continued to meet with voters.

“This was probably the most difficult thing that we faced — the most impactful thing in our election,” Texas Democratic Party Chairman Gilberto Hinojosa said. “You had the Republican Party engaged in all of these races in a massive canvassing campaign and bragging about it. … We were left at a very, very severe disadvantage.”

Hinojosa said President-elect Joe Biden’s campaign had advised down-ballot candidates to avoid in-person events and that the Democratic Congressional Campaign Committee issued similar rules for its candidates, threatening to withhold funds from campaigns if they went door to door.

About two months before the election, Hinojosa said, he’d heard concerns from congressional candidates and organizers who said they “were having a hard time reaching Hispanic voters by the phone. … They really needed to be freed to knock on doors.”

But the national officials wouldn’t budge, he said.

A DCCC spokesman confirmed that there was a nationwide policy directing candidates not to canvass in person during the pandemic but denied that the organization threatened to take away funding from Texas Democrats if they persisted.

[…]

The members demanded 12 action items to move forward, including changes in senior leadership, the creation of a 10-year strategic plan and a request for assistance from states where Democrats had successfully run campaigns this cycle.

“The ultimate goal was ‘let’s start a conversation.’ It was not meant to be petty or divisive,” said Jen Ramos, a member of the state party’s executive committee and co-author of the letter. “We just decided that we’ve got to be firm about this but also really have a means to healing.”

[…]

“Republicans were talking about how we could keep you working,” [SDEC member and letter co-author Kendall] Scudder said. “Democrats were talking about shutting the economy down. Democrats were being the most responsible, but sometimes you don’t love the parent who spanks you. You love the parent that buys you candy.”

Scudder said the party must improve its communication with minority voters and stop pushing only issues that “we ascribe to them as important,” such as immigration for Latino voters or criminal justice reform for Black voters.

[Committee co-chair Chris] Hollins said the committee will meet soon to settle on an initial list of objectives. Revamping party messaging is at the top of his list, too — especially as it relates to the specific identity and goals of the Texas Democratic Party and how they differentiate from those of more liberal states.

See here for the background and some more information about the letter. While it’s important to really understand what happened and learn from it, I hope this committee looks forward at least as much as it looks back. Every election is unique in its own ways, and I think the conditions of 2020 are especially singular. We already know that there’s no debate about issue of in-person campaigning – everyone agrees it was a net negative, and no one has any plans to try it again, so it’s not like this is some new ongoing advantage the Republicans have gained. Figure out what if anything was good about the other forms of campaigning everyone did, recommend ways to build it into future campaigns, and more on.

As far as the messaging stuff goes, I feel like it’s the post-2004 election all over again, though at least this time we won the Presidency. So much time and effort and money and think-pieces were spent on What The Democrats’ Message Needs To Be and How Do We Connect With Those Bush Voters and so on, and then Hurricane Katrina happened and public opinion turned sour on the Iraq War, and Democrats dominated the next two elections. I’m not suggesting that things will magically turn around and get better, nor am I saying that the post-2004 effort had no lessons for us, but I am saying that events can and will shape the political environment in substantial and unforeseeable ways, and that’s why we need to be looking forward as much as possible, while doing everything we can to make the opportunity we have in front of us – fixing the economy, successfully rolling out the COVID vaccine, getting people back to work, protecting our democracy, and more – so that the future environment is as filled with recent positive achievements we can point to as possible. Nothing succeeds like success.

My viewpoint in that paragraph is affected greatly by this WaPo story about the national Democratic reckoning; it’s where the post-2004 parallels occurred to me, because so much of the language was familiar. Again, I agree there’s a ton of value in auditing what just happened so we can understand what went well and what did not, and what we can learn from each. I just don’t want to get too bogged down in that, because what we do now, over the next 12-18 months will, I guarantee you, have a bigger effect on the 2022 election. If we’ve made progress in making people’s lives better, and we’ve been up front about taking credit for it, which is one trick from the Trump playbook that we really do need to appropriate, then we’ll be in good shape.

One last thing, which I have not seen mentioned in any of these “what did Dems screw up in 2020” stories is the effect of disinformation, propaganda, and fake news on voters’ behavior. We are seeing the effect of the constant barrage of bullshit coming from Trump and too many Republican leaders to count in the lawsuits, the increasing threats of violence from riled-up fringe types, the outrageous legislation being proposed around the country, and so forth, but that barrage began well before the election, and it’s being aimed at immigrants and people of color as well, with the same dispiriting effect. There was plenty of evidence of this occurring before the election, and I personally believe it’s a key part of the explanation for why Trump did better among Latinos and Asian-Americans than he had done before. Any strategy to improve Democratic performance, whether in Texas or nationally, has to take this into account. We can’t stop the liars from lying, but we can and we must figure out a way to blunt the effect of that lying. If that’s not a pillar of our plans going forward, then those plans are inadequate and not meeting the moment.