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Flynn officially on HD138 primary ballot

Score two for formerly-booted candidates.

Josh Flynn

In mediation last Friday, [candidate Josh Flynn and the Harris County Republican Party] agreed that Flynn would appear on the upcoming primary ballot [for HD138].

[HCRP Chair Paul] Simpson said in a statement that he challenged Flynn’s eligibility to “protect the integrity of the ballot,” and continued to dispute that Flynn should be allowed to run.

“As Texas law also requires, we agreed that Mr. Flynn’s name will remain on the primary ballot, even though he is ineligible to run,” Simpson said.

An attorney for Simpson and the party echoed that.

“We’ve left (Flynn) on the ballot because the law requires us to do so, but unless a judge rules otherwise, he’s still ineligible,” said Trey Trainor, an Austin-based attorney.

Regardless of the outcome of the primary, lingering ambiguity about Flynn’s eligibility could be bad for the Republican Party, Rice University political science Professor Mark Jones said.

If Flynn wins the primary, Jones said, his Democratic opponent in the general election could seek to have him declared ineligible. And they would be able to use the Republican Party’s own words to bolster that claim.

The Texas Supreme Court then would need to rule on whether Flynn was allowed to run, and clarify what is or is not a “lucrative office.”

If such a decision goes against Flynn, local precinct chairs would appoint a replacement candidate, which Jones said could be seen as a subversion of the voters’ will.

Even if a court sides with Flynn, Jones said, the legal dispute could cost valuable time, money and resources in the race for House District 138, which GOP Rep. Dwayne Bohac won by only 47 votes in 2018. Bohac announced late last year that he would not seek reelection.

See here and here for the background. I don’t have much else to add – I thought Flynn had the stronger case, and I think the Lege ought to clarify this situation. How much any of this matters, in March and in November, I have no idea. If the district is still on the razor’s edge, then every little bit does count, but given the way things have been going, maybe it’s all academic. As with all the other races of interest, let’s see what the finance reports tell us.

Flynn stays on GOP primary ballot for now

There’s still litigation to come, but I think he’s got a good case and will probably win.

Josh Flynn

Texas Attorney General Ken Paxton has weighed in on a lawsuit accusing the Harris County Republican Party of improperly declaring a candidate for the Texas legislature ineligible because he previously held a “lucrative office.”

At issue in the suit is the candidacy of Josh Flynn, a Republican who is running for House District 38 and who, until earlier this month, had been a trustee for the Harris County Department of Education.

Though trustees earn just $6 per meeting, the Texas Supreme Court has ruled that “an office is lucrative if the officeholder receives any compensation, no matter how small.”

Flynn was previously declared ineligible for the race by county GOP Chairman Paul Simpson, who said that Flynn had submitted his resignation as a trustee to the wrong person at the county education board.

Flynn sought a temporary restraining order that was granted this week by a district court judge.

In a separate filing, Paxton stopped short of siding with Flynn, but wrote that “the law in Texas is clear that a candidate who effectively resigns from the conflicting office may be a candidate for the legislature.”

[…]

Flynn, meanwhile, will have to wait until their next scheduled court date in January to move forward with his candidacy — though his attorney, former Harris County Republican Party Chairman Jared Woodfill, said he is confident that Flynn will prevail.

See here for the previous update. I don’t think anyone is questioning that Flynn had to resign – if that were the issue here, I’d be fully in support of Paul Simpson’s position – it’s basically a question of whether he handed in his resignation letter properly. That to me is too thin a reason to disqualify him, and even though it gives me a rash to agree with Jared Woodfill, I think he’s right about how the case will go.

On the broader resign-to-run question, I am generally in favor of reforming the system we have now, which requires some officeholders – mostly county officeholders, like sheriff and commissioner and constable – to resign to run for other offices, with some legacy variations in there for obscure offices like HCDE Trustee. Because only some people have to do it and not others – like state legislators, for example – it provides an advantage to one class of incumbents, and that feels wrong to me. On balance, I think letting most officeholders serve while running for something else would be better. I doubt the Lege will address this – the current system benefits them, after all – but I would be in favor if they did.

On Republican female Congressional candidates

The sub-head for this article should be “It’s easy to show large percentage gains when you start from a very low base”.

Heavy recruiting of female candidates paid off for Texas Democrats in 2018, but it is Republican women who are making a splash in 2020.

At least 30 Republican women from Texas have filed to run for election to Congress next year, more than twice as many as in the 2018 elections. That year, 13 women ran under the GOP banner while almost three times as many women ran in the Democratic primary, state and party records show.

“If we’re going to have a pink wave, you need to have red in there,” said Nancy Bocskor, a longtime GOP fundraiser who is now director of the Center for Women and Politics at Texas Woman’s University.

Political strategists say the boost is a reaction to the 2018 election after Democrats made major gains in the suburbs, flipping a dozen Texas House seats and coming within striking distance of defeating several established Republicans in statewide office. Bocskor likens it to a wake up call: “They were asleep at the switch, they were not prepared.”

[…]

The number of Republican women running for Congress is up, but still short of the enthusiasm from Democrats. This year, 34 Democratic women are running for Congress.

We went through a similar exercise last cycle, when three Democratic women were actually elected to Congress – Reps. Lizzie Fletcher, Veronica Escobar, and Sylvia Garcia. It’s good to have a diverse slate of candidates, but some nominations are worth more than others, and having multiple women in a given race is no guarantee that the odds of a woman winning are any better. Let’s take a closer look at the races to see who has a decent shot at getting nominated, and of winning in November if they do.

On the Republican side, there are two open seats in which the Republican nominee is a gold-plated cinch to win in November: CDs 11 and 13. In CD17, the Republican nominee will have excellent odds of winning, surely over 90%. In each of these races, there are female candidates running. None stand out as likely to make the runoff, but who knows. A win by a female candidate in any of these three primaries is by far the best chance of increasing the number of Republican women from Texas in Congress. From one, to two. And that’s assuming that incumbent Rep. Kay Granger doesn’t lose her primary, thus reducing the number of Republican women from Texas in Congress from one to zero.

There are also several high-profile races that could go either way, in which there’s a decent chance the Republicans could win:

– CD07, held by Rep. Lizzie Fletcher, in which Cindy Siegel is one of two women vying for the Republican nod. Wesley Hunt appears to have the establishment backing, however.
– CD32, held by Rep. Colin Allred, in which Genevieve Collins appears to be a strong contender.
– CD24, open seat being vacated by Rep. Kenny Marchant. Beth Van Duyne is the best known Republican hopeful.
– CD22, open seat being vacated by Rep. Pete Olson. Kathaleen Wall has moved in to dump more of her millions in a large primary field, but with the likes of Pierce Bush, Troy Nehls, and Greg Hill also running, she may once again fail to make the runoff.
– CD23, open seat being vacated by Rep. Will Hurd. Tony Gonzales is the establishment candidate, but there are some women also running.

I have no deep thoughts on who is or isn’t more likely to win than anyone else. I’m just saying that if I were a Republican and I cared about not looking entirely like an Anglo sausage party, I’d be rooting for a couple of these women to break through.

There are other women running in other Republican primaries, but none of the races will be remotely competitive. Ava Pate in CD18, where there are six people running to be the Republican nominee in a 75% Democratic district, is an example named in the story. I guarantee you, no one will mention Ava Pate’s name after the primary. (Fun fact: She was the Republican nominee in CD18 in 2018. See what I mean?)

On the Democratic side, Gina Ortiz Jones in CD23 and Wendy Davis in CD21 are almost certainly going to win those nominations, and they will both have decent chances of winning in November. All of the leading candidates in CD24 are women, and there are viable women running in CDs 02, 03, 10, 22, 25 (both candidates are women in that one), and 31, with varying levels of hope for November.

So, in a way the Republicans are in the same position Democrats were in 2018, in that there are a couple of open seats that are guaranteed to be theirs, so if they manage to nominate a woman for them they’ll absolutely increase the number of women in their Congressional caucus. Of course, Dems had the likes of Sylvia Garcia and Veronica Escobar to run for those seats in 2018. Republicans don’t appear to have anyone of similar stature this year. They do have some credible female candidates in other races where they can win. So do the Democrats, in more races and with better overall odds of those women making it through the primaries. Ask me again in May after the primary runoffs and we’ll see where things stand.

Flynn to “challenge” GOP decision to boot him from HD138 ballot

Still more filing finagling.

Josh Flynn

Texas House candidate Josh Flynn is challenging a decision by the Harris County Republican Party to rule him ineligible for the House District 138 primary because he did not “properly” submit his resignation from the county education department.

Flynn, a Republican who was elected to the Harris County Department of Education board of trustees in 2018, resigned last week after his eligibility for the Legislature came under question and a Houston attorney formally requested the Harris County GOP deem Flynn ineligible.

Under a state law that makes people who hold a “lucrative office” ineligible for the Legislature, Flynn’s position on the HCDE board appeared to bar him from running for the House. Though trustees earn just $6 per meeting, the Texas Supreme Court has determined that “an office is lucrative if the office holder receives any compensation, no matter how small.”

Last week, Flynn submitted his resignation from the board and re-filed for the House District 138 primary. However, in a letter sent to Flynn Tuesday, Harris County Republican Party Chair Paul Simpson said Flynn was ineligible to run because he apparently submitted his resignation to the wrong person at the county education board.

“After you withdrew that initial application, HCDE administrative assistant Theresa Perez received notification of your resignation from the office of HCDE Trustee,” Simpson wrote. “The public records do not show that your resignation was delivered to the presiding officer, clerk, or secretary of the Harris County Department of Education.”

In the letter, Simpson cited a section of the Texas Election Code that says if an official is resigning from a governmental body, the resignation “may be delivered to the presiding officer of the body or to its clerk or secretary.”

Flynn did not immediately respond to a request for comment. He told the Texas Tribune Wednesday that he is “fighting” Simpson’s decision, and on Thursday sent an email to supporters assuring them he would appear on the ballot despite the party’s decision.

“While it is unfortunate that they came to this conclusion, I have great confidence that I will indeed be running to be your next State Representative in next year’s election as the Election Attorney feels it is an open and shut case,” Flynn wrote.

See here and here for the background. I assume this means that Flynn plans to take legal action to force his way back onto the ballot, in the same way that Judge George Powell has done. I have a bit more sympathy for Flynn’s position, though as before this is one of those things where good advice from a seasoned campaign professional probably would have saved the day. I have no dog in this fight, but I am very curious to see what happens. And again, the Lege could take action to clean up these bits of law – this here would likely take a constitutional amendment as well – so as to avoid this situation in the future.

Meanwhile, in other HCDE news:

The Harris County Department of Education Board of Trustees voted Dec. 18 to replace trustees George Moore, Position 1, Precinct 2 and Josh Flynn, Position 4, Precinct 3 with Amy Hinojosa and Andrea Duhon, respectively. Both Moore, board vice president, and Flynn, president, had tendered their resignations prior to the meeting.

“I give my sincere appreciation to Dr. George Moore and Josh Flynn for their service to the students and citizens of Harris County,” HCDE School Superintendent James Colbert Jr. said. “Dr. Moore is an outstanding man and has left a significant fingerprint on this organization as a fierce advocate for the underserved and as a great supporter for our 1,100 employees. Mr. Flynn was a good leader who is very well read, extremely efficient and took pride in his leadership post, and I wish him well in his new endeavors.”

Hinojosa, a Pasadena resident, was sworn into office shortly after her appointment. She is a 16-year, oil-and-gas project manager. She volunteers with an education advocacy group called ProUnitas. “I’m passionate about serving my community and about improving student outcomes,” said Hinojosa. “I look forward to the work ahead, and I’m excited.”

Duhon, a Katy resident, is a small business financial advisor who has a record for advocating for public education programs such as Head Start. HCDE currently serves 1,250 Head Start children and families in northeast and east Harris County. “I look forward to serving the community on behalf of the students of Harris County,” Duhon said.

Duhon, as the Chron story noted, lost by about 2,000 votes, or 0.6 percentage points, to Flynn in the 2018 election. I had completely forgotten this, but George Moore had won an even closer election in 2016, barely edging Sherri Matula by less than 500 votes and 0.2 percentage points. Duhon has filed for the Position 7 At Large seat in the 2020 primary, but in response to my question said she will be withdrawing from that race (there are three other candidates, including David Brown, who along with Duhon (then seeking the Position 5 At Large spot) had been an early entrant) and will serve the remainder of Flynn’s term, which runs through 2024. Some other mid-term appointments would require her and Hinojosa to run next year to fill out the unexpired terms, but apparently that is not the case for the HCDE Board.

This also means, as the Chron story points out, that the HCDE Board is now a 4-3 Dem majority, which had been the goal with the two At Large positions up for election. If the Dems win them, it’ll be a 6-1 split, with only Eric Dick on the Republican side (and, if you believe him, only kinda-sorta on the Republican side). That’s both exciting and a little worrisome, since the HCDE has been a target for some Republicans in the Lege to eliminate. Consider that a further incentive to win the State House in 2020. Also, too, At Large incumbent Michael Wolfe – you know, that guy – will not be running for re-election in 2020, as he takes another shot at knocking off Republican JP Russ Ridgway. Lots of changes on the HCDE Board, now and next year.

UPDATE: Flynn has now officially taken action:

Texas House candidate Josh Flynn sued the Harris County Republican Party on Thursday, alleging that party Chairman Paul Simpson erred in declaring Flynn ineligible for the House District 138 primary this week.

Flynn’s lawsuit, filed against the party and Simpson in state District Court, seeks a temporary restraining order and temporary and permanent injunctions to bar Simpson from ruling him ineligible.

[…]

In the lawsuit, Flynn contended that he effectively delivered his resignation to the board secretary — in this case Superintendent James Colbert Jr. — by leaving it with an administrative assistant in Colbert’s office while the superintendent was away.

Flynn, who also served as board president before resigning, claimed that he was personally the “presiding officer” of the board and therefore “delivered his resignation to himself.”

His attorney in the case is Jared Woodfill, the former Harris County Republican Party chair whom Simpson unseated in 2014.

We’ll see what happens with it.

We have a filing failure

In typical fashion, it’s bizarre.

Judge George Powell

One of the more bizarre things to happen during the recent filing period: Judge George Powell had his filing rejected because of a filing fee mistake. So he sued.

Powell filed on the last day, and according to the suit, he was told by a party person incorrectly that the fee is $1500, when it was $2500. However, the party would not allow him to correct the mistake, so the lawsuit was filed. They did not have to go far.

Powell and his lawyer, the venerable Kent Schaffer, had a TRO hearing today. After one judge recused, another did conduct a hearing, they were granted a TRO.

Full hearing in early January.

If Judge Powell is not allowed back on the Democratic primary ballot, his challenger [Natalia Cornelio] (who currently works for Comm. Rodney Ellis) would become the de facto Dem. nominee.

That’s from Miya Shay’s Facebook page – as of Tuesday morning, I didn’t see any news stories on this. Stace notes that Judge Powell, who was elected in 2016, should have known the rules, which have not changed any time recently. (That filing fee is not mandatory, by the way. You can collect 750 petition signatures – attend any Dem event in the months before the filing period and you will have multiple opportunities to sign judicial candidate petitions for this – and pay no fee, or collect 250 and pay the $2,500.) To be sure, he should have been given the correct information by whoever processed his filing at the HCDP, and they should do a review to see what went wrong. But in the end, this reinforces two things that I and others say over and over again:

1) The rules for filing for office are well-known and easy to learn. Any marginally competent campaign professional can properly advise you on how to comply with them. There’s really no excuse for this kind of failure.

2) Don’t wait to file till the very last minute if you can help it. Had Judge Powell filed a day earlier, he would have had the time to get this fixed. As it is, his fate is in the hands of another judge. If you someday decide you might want to run for office, don’t let this happen to you. Give yourself some extra time when you file.

(FWIW, Judge Powell was admonished by the State Commission on Judicial Conduct, along with several other felony court judges, for violating state law by ordering hearing officers to deny no-cost bail to thousands of poor defendants. I was inclined to support a primary opponent in his race anyway, so whether he makes it back onto the ballot or not is of no great interest to me. There were two other incumbent judges who received that sanction, Herb Ritchie (who is stepping down) and Hazel Jones, who did not get a primary opponent.)

UPDATE: On a not-really-related note, HCDE Trustee Josh Flynn has been disqualified from the Republican primary ballot for HD138. He would have had to resign to have been allowed on the ballot.

All have filed who are going to file

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

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

– News item #1: Commissioner Steve Radack retires.

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

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

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

[…]

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

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

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

[…]

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

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

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

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

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

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

Bonton is running for the seat again this cycle.

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

– News item #3:

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

– News item #4:

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

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

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

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

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

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

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

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

Another “resign to run” question

Reply hazy, ask again.

Josh Flynn

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

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

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

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

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

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

[…]

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

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

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

State Rep. Rick Miller drops re-election bid

This happened in a big hurry.

Rep. Rick Miller

State Rep. Rick Miller, R-Sugar Land, is no longer running for reelection after he sparked a firestorm for saying he was facing primary challengers because they are “Asian.”

“During a recent interview with the Houston Chronicle I made some statements that were insensitive and inexcusable,” Miller said in a statement to The Texas Tribune. “In trying to make a point about the campaign I used a poor choice of words that are not indicative of my character or heart.”

“I do not want to be a distraction for my party or my constituents, and therefore I have decided not to seek re-election,” he continued.

In an interview with the Houston Chronicle, Miller said that two of his Republican opponents — former Fort Bend GOP Chairman Jacey Jetton and Houston Fire Department analyst Leonard Chan — likely joined the race because they’re Asian in a district with a sizable Asian population.

“He’s a Korean. He has decided because, because he is an Asian that my district might need an Asian to win. And that’s kind of racist in my mind, but anyway, that’s not necessary, at least not yet,” Miller said of Jetton.

The backlash was swift earlier Tuesday as Gov. Greg Abbott pulled his endorsement of Miller and the Fort Bend county GOP chair asked him to consider dropping out.

Chan “jumped in probably for the same reason,” Miller told the Chronicle. “I don’t know, I never met the guy. I have no idea who he is. He has not been around Republican channels at all, but he’s an Asian.”

Here’s that Houston Chronicle story. As we know, Beto carried HD26 in 2018, though Miller hung on. There are now four Dems lined up to run, and it seems likely some other Republicans will now get in. Whether this winds up making the seat easier for them to hold or not remains to be seen.

I don’t have anything else to say about this, so let me turn the rest of this post over to Rep. Gene Wu.


Go read the rest.

Legislative runoff elections set for January 28

This came out to basically no fanfare on Friday:

Here’s the announcement:

Governor Greg Abbott today issued proclamations setting Tuesday, January 28, 2020 as the date for special runoff elections to fill three vacant Texas House District seats. The early voting period for these runoff elections will begin Tuesday, January 21, 2020.

The following Texas House Districts are included in the special runoff election date:

The Texas House District 28 seat in Fort Bend County vacated by the Honorable John Zerwas. (Read the proclamation)

The Texas House District 100 seat in Dallas County vacated by the Honorable Eric Johnson. (Read the proclamation)

The Texas House District 148 seat in Harris County vacated by the Honorable Jessica Farrar. (Read the proclamation)

The key bit of the proclamation is this: “WHEREAS, Section 2.025(d) of the Texas Election Code provides that the runoff election must be held not earlier than the 70th day or later than the 77th day after the date the final canvass of the main election is completed”. You can see that statute here. It’s pretty straightforward, which is why I always say I Am Not A Lawyer when I try to interpret legal matters. I will say, I did get the explanation of the early voting period for this correct. The reason why there are only four days of early voting for these runoffs is because Monday the 20th is MLK Day, and there is no voting on federal holidays. (*) We have had this happen in legislative runoffs before, most recently in 2016 with the special election runoff for HD118.

As Campos notes:

To put this in perspective, Early Voting in Person in the 2020 Texas Democratic Party Primaries begins on Tuesday, February 18, 2018. That is three weeks after the January 28 special election runoff and probably a week after the winner is sworn into office.

That makes this a huge challenge for the candidates, who will be competing for attention with all of the primary campaigns and who may themselves have to run in competitive primaries. Just having to explain to people that they have to vote in January and then again a few weeks later is headache-inducing. And note that early voting for the primaries starts on a Tuesday as well, because Monday the 17th is Presidents Day. Federal holidays, y’all. Anyway, now is a great time to get involved with the Eliz Markowitz and/or Anna Eastman campaigns. These runoffs may not be next month, but they’ll be here sooner than you think.

(*) Yes, I know many people would like to make Election Day a federal holiday. It’s a great idea! Be that as it may, when there’s a federal holiday during an early voting period in Texas, early voting is off for that day.

Will Kay Granger get KO’ed?

Rep. Henry Cuellar isn’t the only longtime Texas Congressperson facing a serious primary challenge.

Rep. Kay Granger

It’s the question on the minds of Republicans from Washington to Cowtown: Is one of Texas’ most powerful U.S. House members in political trouble?

Enough people think so that many in the GOP political class are bracing for Fort Worth to serve as the setting of the next nationalized battle between the party’s establishment and rebellious conservative factions.

U.S. Rep. Kay Granger, the ranking Republican on the House Appropriations Committee, is running for reelection in her Fort Worth district. But at least one well-funded primary challenger has emerged: Chris Putnam, who shot out of the gate this fall with a burst of cash and accusations that Granger is not sufficiently loyal to President Donald Trump.

Unseating Granger would undoubtedly be a tall task — she’s a 12-term member of Congress who has been a force in Fort Worth politics since before she was mayor in the early 1990s.

“I sure as hell wouldn’t want to run against her,” said state Rep. Charlie Geren, a Fort Worth resident and brother of the man Granger replaced in Congress.

But Granger, who is the only Republican woman representing Texas at the federal level and the most senior Republican woman in the House, has never faced a competitive Congressional race, leaving state and national Republicans to wonder how she will respond.

“Sometimes, sitting congresspeople have knuckleheads who run against them in primaries, who have no chance,” said former Tarrant County GOP Chairman Tim O’Hare, who lives outside the district but is supporting Putnam. “This is certainly not one of those. He certainly has a chance. He is far more popular among conservatives than she is.”

The story notes a few factors that may lead to Granger’s electoral demise:

– Insufficient Trumpiness. Granger, first elected in 1996, is a “moderate” in the sense that she’s not a barking lunatic who spews unhinged conspiracy theories on Fox News and lower-rung media outlets. In a Republican primary, that’s not a compliment.

– Lack of recent experience with competitive campaigns, thanks to a red district and few primary challenges. The last contested primary she faced was 2012, which she won with 80%. Before that there was 2010, which she won with 70%, and 2002, where she won with 87%. She’s neither a seasoned campaigner nor one who has had to do much of it – she’s currently seeking out campaign staff, which is not a great place to be when one has a viable challenger four months out from the election.

– No major financial advantage. Granger has a senior leadership position in the GOP caucus, and a part of that is kicking into the national committees to help out other Republicans. That has left her cash on hand lower than you’d expect for someone like her, and enabled her challenger to mostly achieve parity with her. She’s got some heavy hitters ponying up for her now, and in the end should have all the resources she needs, but she has to get there from here.

– Not mentioned in the story but inescapable in this context, she’s a woman running in a Republican primary with a male opponent. That’s not a recipe for success in the modern GOP.

I have no dog in this fight, and I have no particular insight as to what Tarrant County GOP primary voters may do. I will be watching this result on Primary Day.

Filing period preview: Harris County

Previously: Congress, Statewide, and SBOE/Senate/House.

For County races, I cannot use the Patrick Svitek spreadsheet, as it doesn’t include local races. I am instead using the Campaign Contribution and Expenditure Reports for Various County Offices link on the County Clerk webpage, as it includes Appointments of Treasurer. I set the filter for a time frame beginning July 15, and including all offices. Not perfect, and may miss candidates who filed Appointments of Treasurer, but it’s close enough. Earlier candidates will have been included in my roundup of July finance reports for county candidates.

So with all that said, here we go. I’m not looking for incumbents’ campaign webpages, we already know about them. I’m trying to identify the party for each of the candidates I found, but some are not easy to determine, so I left them as “unknown”. Feel free to correct me if you know more.

District Attorney

Note: I used some information in this Life at the Harris County Criminal Justice Center post in the following.

Kim Ogg (D)
Audia Jones (D). Has been running for several months.
Carvana Cloud (D). Former division chief within the DAO (see link above).

Mary Nan Huffman (R) Former ADA in the Montgomery County DA’s office, now working for HPOU.

Lori DeAngelo (Unknown) Another former assistant DA (see link above again). I can’t find much else about her.
Todd Overstreet – (Unknown). I have no new information about him since the July post.

Finally, rumor has it that our old buddy Lloyd Oliver is running for DA as a Republican. I don’t see any filings for him so I can’t readily confirm that, but 1) I’m sure he has an appointment of treasurer always on file, and 2) Lloyd Oliver is a barnacle on the body politic, so it pays to always expect something annoying from him.

Sheriff

Ed Gonzalez (D)
Harry Zamora (D). I have no new information on him since the July post.
Jerome Moore (D). Ran in the Dem primary in 2016. No new info on him, either.

Paul Day (R). He is a “Pro-Life, Christian Conservative”, and he ran in the Republican primary for Sheriff in 2008, against then-incumbent Tommy Thomas, getting 17% of the vote.
Joe Danna (R). As noted in July, a multi-time candidate for Constable in Precinct 1.

Lawrence Rush (Unknown). Current employee of the HCSO.

County Attorney

Vince Ryan (D)
Christian Menefee (D)
Ben Rose (D)

Nothing new here, both of these challengers have been running for months. I don’t see any evidence of a Republican candidate for County Attorney as yet.

Tax Assessor

Ann Harris Bennett (D)

Chris Daniel (R)

Daniel is the former District Clerk, elected in the 2010 wave and then un-elected in the 2018 assertion of Democratic dominance. His Appointment of Treasurer was filed on Wednesday but not yet viewable. His Friends of Chris Daniel PAC reported $438 on hand and $25K in outstanding loans as of July.

Commissioners Court, Precinct 1

Rodney Ellis (D)
Maria T. Jackson (D). We know about this one. I could not find any web presence for her – her personal Facebook page still lists her occupation as a Judge – but I did find this Houston Style article about her campaign launch. I will be very interested to see what her January finance report looks like.

Commissioners Court, Precinct 3

Steve Radack (R)
Brenda Stardig (R)

Diana Alexander (D)
Michael Moore (D)
Kristi Thibaut (D)
Erik Hassan (D)
Luis Guajardo (D)

The first three Dems, we know about. Alexander was the first candidate in. Moore is the former Chief of Staff to Mayor Bill White. Thibaut served one term in the Lege in HD133. Erik Hassan was a candidate in the 2016 Dem primary for Precinct 3, losing to Jenifer Pool. Luis Guajardo is a very recent filer whose personal Facebook page lists him as an urban planner. As for Brenda Stardig, soon to be former Council Member in District A, she filed her Appointment of Treasurer on November 8. Chron reporter Jasper Scherer says that Radack is running for re-election, so there’s another contested primary for you. Radack has a pile of cash on hand, and he may have to spend some of it in the next couple of months. As with Maria Jackson, I will be very interested to see what Brenda Stardig’s January finance report looks like.

I’m going to stop here, in part because this is long enough and in part because I’m not prepared to do the same exercise on Constables and Justices of the Peace. Just remember that Beto carried all eight Constable/JP precincts in 2018, so ideally every Republican incumbent should have a challenger, this year and in 2022 as well. I may take a stab at this next week, but for now this wraps up my look ahead at the filing period. I’m sure I’ll have more to say as actual filings pile up.

Fallon stands pat

Big John Cornyn can breathe a little easier.

Sen. Pat Fallon

State Sen. Pat Fallon, R-Prosper, has decided against a primary challenge to U.S. Sen. John Cornyn.

Fallon revealed the decision Thursday, about a month after he announced at a North Texas Tea Party meeting that he was exploring a run.

“Susan and I wanted to share that I will NOT be a candidate for US Senate in 2020,” Fallon said in a statement to friends first shared with The Texas Tribune. “This was a difficult decision as I was personally looking forward to reaching … thousands of fellow Texans and visiting with them, asking them what their thoughts, concerns and ideas are for our state and our country.”

Fallon cited concerns about being away from his family — he has two young sons — as well as the $6 million price tag that he estimated would be the “bare minimum to be competitive for the GOP nomination.”

[…]

Fallon’s decision leaves Cornyn with two lesser-known primary challengers: Dallas financial adviser Mark Yancey and Dwayne Stovall, who finished third in the 2014 primary. In the other primary, 10 Democrats have lined up to take on Cornyn.

See here for the background. Fallon is basically a lunk, but his assessment is both accurate and understandable. He probably got some feedback from the moneybag types that his candidacy would serve no purpose and had no real chance of succeeding, so maybe pick another race at another time. This makes the GOP Senate primary more boring, but not much more than that.

Another primary challenger to Cornyn

Good luck, but don’t expect much.

Big John Cornyn

A Dallas investor branding himself a “Reagan Republican” has launched a primary challenge against U.S. Sen. John Cornyn, calling one of the top-ranking GOP senators a lackey of Majority Leader Mitch McConnell and President Donald Trump.

Mark Yancey, the former owner of the Dallas Wings WNBA team, said in his campaign announcement that he has “good reason” to believe Cornyn is vulnerable as he jumped into a Republican field that could soon swell to include three challengers.

Even if Yancey falls short, the primary fight could force Cornyn to spend some much-needed cash ahead of what is widely expected to be the toughest election battle of his three-term career in the Senate. Democratic El Paso Congressman Beto O’Rourke came within three percentage points of beating Republican U.S. Sen. Ted Cruz in the 2018 elections, and the Democrats are redoubling efforts in Texas in 2020.

Yancey in his announcement branded himself a moderate Republican — a new tack against Cornyn, who has previously fended off primary attacks from the right.

“Senator Cornyn has frequently disappointed Texans with his strong alignment with both Mitch McConnell and Trump,” Yancey said in the statement. “He has shown repeatedly that he is a follower and a compromiser on the wrong side of an issue rather than a leader.”

Well, that’s certainly a clear contrast with Cornyn, but I don’t know how many primary-voting Republicans there are that would sign on to that statement. Trump isn’t polling that well in Texas, but his numbers are very strong among self-identified Republicans. If there is a serious challenge to Cornyn in the GOP primary, it’s more likely to come from State Sen. Pat Fallon, accusing Cornyn of being a big ol’ RINO squish. As the story notes, the establishment strongly supports Cornyn, but attacking from the right is never a terrible idea in a GOP primary. I’m not too worried if I’m Big John, is what I’m saying. And as I’ve been saying on the Dem side, money spent in a primary is an investment, not a sunk cost. Cornyn will have no trouble raising it back. He will not be hurting for cash, no matter what. I wish Mark Yancey good luck, but I sure hope he knows what he’s getting into.

Big John may get a primary challenger

Drama! Maybe.

Big John Cornyn

State Sen. Pat Fallon, R-Prosper, announced Monday evening he is exploring a primary challenge to U.S. Sen. John Cornyn, potentially giving the state’s senior senator his most prominent intraparty opponent yet.

Fallon, a former state representative elected to the Texas Senate last year, told a Tea Party group here that he was forming an exploratory committee and moving on a quick timeline, hoping to have a conversation with GOP voters over the next few days. Fallon said that for six months, he had been hoping that a “viable conservative choice” would step up to take on Cornyn, but that person never emerged.

Addressing the True Texas Project, formerly the NE Tarrant Tea Party, Fallon pitched himself as a U.S. Senate candidate who would bring more energy and conviction to the fight that awaits Republicans in the general election. At one point, he said he hoped to galvanize Republicans much like Beto O’Rourke revved up Democrats last year in his closer-than-expected loss to the state’s junior senator, Ted Cruz.

“What would happen in Texas if we can finally have a candidate — a new one — that energized the right?” Fallon said. “That gave everybody in this room something to believe in, to say, ‘This person, I believe that they care, I believe that they will do as they say,’ and I have an eight-year record to prove that. You don’t have to take that leap of faith — compare our records.”

[…]

Fallon could be the third Republican to line up to challenge Cornyn in 2020, following two lower-profile candidates. One is Dallas financial adviser Mark Yancey, and the other is Dwayne Stovall, who finished third in the 2014 primary, behind Stockman, with 11% of the vote. Stovall was running as an independent against Cornyn this cycle until switching to the GOP primary last month.

Well, if you look at the picture in this story, you can see that Pat Fallon has the kind of square jaw and executive-style hair that ought to make him a serious challenger. Beyond that, well, you know. By all means, Republicans, boot out your long-term, well-funded incumbent for this guy. You won’t regret it, I’m sure. The Texas Signal has more.

No Rocket

What a world we live in.

Roger Clemens (AP Photo/David Goldman)


Pitching great Roger Clemens didn’t shy away from many battles in his major league career, but politics is something he’s not willing to take on.

Clemens had been encouraged to run as a Republican candidate for the seat of Texas Republican Rep. Pete Olson, who announced his retirement last month.

The 57-year-old Clemens said he was honored but had “no interest” in running for office.

“The climate in politics at this time is much more than I would want to undertake, along with my family considerations,” Clemens said in a message to Olson that was obtained by ABC News.

“I am a Republican and I support our President and will continue to do so,” Clemens said. “No matter who our President may be, I will continue my support of them and root for them to be successful, just as I did when President Obama was in office.

“I will … do all I can to continue to promote the quality of life issues that we respect and try to maintain as citizens of the State of Texas and the United States.”

I’m not on vacation, but this still resonated with me:

Anyway. The Chron version of this story notes that Clemens would have been the second Republican to run for CD22 if he had gotten in, following Pearland City Council member Greg Hill. I checked the FEC finance reports page, and they missed a few potential wannabes:

Greg Hill
Matthew Hinton
Thaddeus Walz
Kathaleen Wall

Yes, that Kathaleen Wall. We are both blessed and cursed. The Chron did note her candidacy in a separate story.

One more thing. Compare that list to the lineup from the 2008 Republican primary in CD22. CD22 wasn’t open that year, but it was held by Democrat Nick Lampson after his win over write-in candidate Shelley Sekula Gibbs, which was the fallout from Tom DeLay’s resignation that he tried to paint as withdrawing from the race because he was no longer eligible after “moving” to Virginia. In addition to eventual winner Olson (who had been on John Cornyn’s staff) and the immortal Shelley, that lineup included the former Mayors of Sugar Land (Dean Hrbacek) and Pasadena (John Manlove), former State Rep. Robert Talton, and future SBOE member Cynthia Dunbar. To say the least, the people lining up now to keep CD22 red have a whole lot less gravitas than the 2008 bunch. Put another way, the Republican bench is looking thin. I don’t know about you, but the lack of interest in this once solid GOP seat tells me something.

CD23 update

The Rivard Report takes a look at the state of play in CD23 following Rep. Will Hurd’s surprise retirement.

Gina Ortiz Jones

In the wake of Hurd’s announcement, former U.S. Navy officer Tony Gonzales, a Republican, has entered the race. Gonzales was not 24 hours into his campaign for the 35th Congressional District, held by U.S. Rep. Lloyd Doggett (D-Austin), when he got the news Hurd would be leaving office. That’s when a flurry of phone calls and texts came in urging him to declare his candidacy for the 23rd district.

“No one saw Congressman Hurd retiring,” Gonzales said. “It was kind of a shock to a lot of folks.”

Unlike statehouse seats and other elected positions that require candidates to establish residency within the district one seeks to represent, running for the U.S. Congress only requires residency in the state in which one is running for office.

Gonzales has joined a field in the Republican primary that includes retired U.S. Air Force Lt. Col. Raul Reyes Jr., who owns a home construction business in Del Rio, and Uvalde dentist Alma Arredondo-Lynch, who challenged Hurd in the 2018 primary. That list could potentially grow in light of Hurd’s exit from the race.

Reyes has a five-month head start on Gonzales and has raised more than $15,000 in campaign contributions. He had more than $9,000 cash on hand as of the last quarterly report to the Federal Elections Commission. Arredondo-Lynch did not report any campaign contributions last quarter.

But Gonzales has garnered significant endorsements in his incipient campaign. On the day the Iraq and Afghanistan war veteran announced his run, he picked up the endorsement of former U.S. Rep. Henry Bonilla, who represented the 23rd district for 14 years. Days later, another former Republican representative of the 23rd district, Quico Canseco, endorsed Gonzales’ bid.

[…]

Altogether, the news of Hurd’s impending exit was both a surprise and not a surprise, [Gina Ortiz] Jones said.

“We came within 926 votes of taking out the most formidable Republican, raised $6 million to do it,” she said. “We’re going to work just as hard. So I think he saw the writing on the wall.”

But the decision to run again was not taken lightly, Jones said. The U.S. Air Force veteran who served as an intelligence officer during her service was so close in the last election that she held off conceding for two weeks until all outstanding ballots were counted. The John Jay High School alumna even attended orientation for freshmen members of Congress.

“You don’t go through that and say, ‘Let’s do that all over again,’” she said. “You assess and say, ‘What did I learn?’ For me, it’s always been about how best can I serve. When I made the decision, it was always based on the fact that my community’s needs were still not being met.”

In the Democratic primary, Jones will face former broadcast journalist Liz Wahl and activist and surgical practice administrator Rosey Abuabara.

Abuabara, 54, a Latina who was born and raised in West San Antonio, said she believes she can better represent a district that is 70 percent Hispanic, according to the latest U.S. Census figures.

“I wanted to come up and represent because we are the largest population,” she said. “I feel like I could do more.”

Just a guess here, but Tony Gonzales sure sounds like the establishment candidate for CD23. The amount that Raul Reyes has raised so far is not at all an obstacle, and you can be sure there will be big Republican money coming in. I’ll be a little surprised if an Anglo candidate doesn’t get in on the Republican side, because why wouldn’t an Anglo candidate get into that primary? History suggests any such candidate will have a shot.

Gina Ortiz Jones is for sure the establishment candidate on the Dem side, having done everything but eke out the win in 2018. It remains to be seen how much of a challenge Rosey Abuabara will present to her (no, I’m not taking Liz Wahl seriously). She got in too late to have a Q2 finance report, so we don’t know yet what her fundraising chops are. The high turnout in the primary will likely help Abuabara, but Ortiz Jones got 102,359 votes in 2018, so the voters should know who she is. Ortiz Jones should prevail – ask me again how confident I feel about that after the Q3 numbers are in – but don’t take this for granted.

UPDATE: As I said, I’m not taking Liz Wahl’s candidacy seriously, but here’s a story about her, if you’re interested.

I just can’t quit the Bonnen-MQS squabble

How much popcorn is too much? Asking for a friend.

Rep. Dennis Bonnen

A hardline conservative activist who has accused Texas House Speaker Dennis Bonnen, R-Angleton, of offering his group long-denied media access to the lower chamber in exchange for politically targeting 10 GOP lawmakers says he has a recording of their conversation — and suggested he may soon release it to the public. Bonnen has denied Sullivan’s characterization of the June 12 meeting.

“Speaker Bonnen and Rep. [Dustin] Burrows must recant their false claims. All of them. Immediately,” Michael Quinn Sullivan wrote Wednesday. “If they do not, I believe I will be obligated to release the recording—in whole or in part, I haven’t decided yet—so as to set straight the record they have tried to contort.”

Sullivan, CEO of Empower Texans, made the statement on his group’s Texas Scorecard website. Sullivan last week accused Bonnen and Burrows of offering Sullivan’s organization House media credentials if the well-funded political action committee he heads targeted 10 Republican members in the 2020 primaries. According to Sullivan, Bonnen left the room before Burrows handed over a list of the 10 members. Burrows, a Lubbock Republican, chairs the House GOP caucus.

In an email to House Republicans the day after those allegations surfaced, Bonnen disputed Sullivan’s version of events. And in a statement released Monday, Bonnen said that “at no point in our conversation was Sullivan provided with a list of target Members.” Burrows has remained silent publicly since Sullivan first made his allegations.

See here and here for the background. Everyone knows that MQS is a lying liar, but folks from Ross Ramsey to Christopher Hooks to Erica Greider are baffled by Bonnen’s weak denials and Burrows’ disappearing act. Hooks notes the claim of a recording and calls it “a potentially mortal threat to Bonnen’s speakership”. I only wish this were all happening about 14 months from now.

UPDATE: Oh, yeah.

“Mr. Sullivan, release your recording. Release it in its entirety,” the speaker said in a statement late Wednesday.

Keep at it, boys.

UPDATE: More, more, more.

Two members of the Texas House who listened Wednesday night to a recording of a meeting that has shaken up the Legislature refuted House Speaker Dennis Bonnen’s denials that he offered a list of 10 GOP representatives for a hardline conservative group to politically target.

“What I derived from the audio tape — it’s very clear — is that Speaker Bonnen was not truthful about a list not being provided,” state Rep. Steve Toth, a Republican from The Woodlands, told The Texas Tribune after he listened to a recording of Michael Quinn Sullivan, CEO of Empower Texans, visiting Bonnen’s office June 12.

State Rep. Travis Clardy, R-Nacogdoches, who is said to be on the alleged list, later told The Dallas Morning News that what he heard is “consistent with” what Sullivan has alleged.

Please never stop feuding over this.

Keep that popcorn coming

Oh, yeah.

Rep. Dennis Bonnen

Four days after a hardline conservative activist accused him and GOP caucus chairman Dustin Burrows of plotting to target 10 fellow Republicans in primary elections, House Speaker Dennis Bonnen forcefully denied the allegations Monday afternoon.

“Let me be clear. At no point in our conversation was [Michael Quinn] Sullivan provided with a list of target Members,” Bonnen said in a prepared statement. “I had one simple reason for taking the meeting — I saw it as an opportunity to protect my Republican colleagues and prevent us from having to waste millions of dollars defending ourselves against Empower Texans’ destructive primary attacks, as we have had to do the past several cycles.”

Bonnen also defended Burrows, the GOP caucus chairman and one of Bonnen’s top allies, by saying he asked him not to comment on the matter.

“I asked Chairman Burrows to be present as a witness to our conversation. I also asked him not to comment on this matter because this was an attack by Sullivan on me as the Speaker, and I wanted the opportunity to communicate with Members directly in an email that I sent on Friday evening,” Bonnen said. “I have apologized to Chairman Burrows for everything he has gone through — at no fault of his own — as a result of simply doing what I asked him to do.”

Bonnen’s denial and his defense of Burrows come as at least one member on the alleged target list was demanding answers.

Rep. Ernest Bailes told The Dallas Morning News on Monday morning that he was drafting a letter to seek answers from Burrows.

“I am making a formal request now to get that response from Burrows,” Bailes had told The News. Bailes, R-Shepherd, said the caucus sent members an email Monday morning asking for information about the representatives’ district events, while “completely ignoring” the allegations facing its chairman.

Burrows was accused of delivering the alleged list of 10 GOP targets. Bailes said the radio silence from Burrows was unacceptable: “That’s why he serves in that capacity.”

He did not immediately respond to a request for comment following Bonnen’s denial. Burrows did not respond to a request for comment Monday. He has not addressed the matter publicly since the allegation was made Thursday.

See here for the background. I don’t expect this squabble to last very long, certainly not all the way through next November. But I sure am going to enjoy it while it lasts. The Trib has more.

Pete Olson not running for re-election

Least surprising story of the week.

Rep. Pete Olson

U.S. Rep. Pete Olson, R-Sugar Land, announced Thursday afternoon that he is retiring from Congress at the end of his term.

The retirement sets up what will likely be one of the most competitive House races in the country. Olson narrowly won reelection last year against Democrat Sri Kulkarni, who is running again.

Olson, who was first elected to Congress in 2008, announced his retirement in a news release.

“Protecting our future and preserving our exceptional nation are the reasons I first ran for Congress,” he wrote. “Now, it’s time for another citizen-legislator to take up this mission, not to make a career out of politics, but to help lead in the cause of empowering our people, defending our liberties, and making sure America remains the greatest nation in history.”

Among Republicans who could run for the seat, Fort Bend County Sheriff Troy Nehls is an immediate prospect. He explored challenging Olson last year and recently announced he wasn’t running for reelection as sheriff, keeping the door open to a TX-22 campaign.

Olson is a graduate of Rice University and the University of Texas School of Law. On the day he took the bar exam, he enlisted in the Navy and served as an aviator during the Gulf War. He went on to serve as a staffer to Republican U.S. Sens. Phil Gramm and John Cornyn.

[…]

Attorney Nyanza Davis Moore and Pearland City Councilman Derrick Reed are also running for the Democratic nomination.

See here for some background. There were rumors about Olson stepping down in 2018, and pretty much everyone expected Nehls to announce for CD22 after he said he was not running for re-election as Fort Bend County Sheriff. In a sense, this was just the next chapter of the story. Kulkarni raised a bunch of money last quarter, so he has an early advantage. Given Olson’s situation and the fact that CD22 was on the radar from the jump, I don’t think this development changes things much on the Dem side. I do expect there will be other contenders in the Republican primary, though Nehls starts out as the establishment pick. Look at the open seat GOP races from 2018 to get some idea of what we could be in for. It’s gonna be fun, I know that much. The Chron has more.

A preview of the joint primary

Diane Trautman

Like Campos and John Coby, I recently had the opportunity to visit the Harris County Clerk and get a preview of the proposed joint primary. Coby describes it in some detail, with pictures, so I won’t duplicate his effort. Basically, the process will be very much like what you are used to already. The main difference in terms of the experience is that instead of telling the poll worker what primary you want to vote in, you pick it from a touch-screen tablet. Otherwise, it’s exactly what you’ve done before – you show your ID and sign in, you get a code for one of the eSlate machines, and you go vote. That’s all there is to it. The practical effect is that now all of the machines are available to you. There aren’t machines designated for one primary or the other, so if you’re voting at a location that historically has a long line for one party with idle machines for the other, that will no longer happen. This should help the lines move more efficiently, which in a year where a very high turnout is expected on the Dem side is greatly appreciated.

Primaries are run by the parties, and the initial reaction to this was positive from the HCDP and negative from the Harris County Republican Party. We were told at this visit that both Dem Chair Lillie Schechter and GOP Chair Paul Simpson had been in to see the same setup, and it went well. Simpson is supposedly going to make a decision about this in the next two to three weeks. I asked about the experience other counties have had with joint primaries. Michael Winn, the elections administrator who came from Travis County, said they made the change in 2011 and haven’t looked back. We’ll see.

We also discussed how election night returns are reported, which was a concern in the May election after the switchover to voting centers. We’re used to seeing reports come in by precinct, but with anyone being able to vote anywhere now that’s going to be a different experience. They’re working on that now so as to provide a better picture of where the vote totals are coming from, and they promised a preview for interested parties (campaigns, media, etc) in October. I’ll report back then. In the meantime, I have a good feeling about how this is going. Let me know if you have any questions.

How many contested judicial primaries should we expect?

We already know that we’re going to get primary challenges to at least one Democratic countywide officeholder, as County Attorney Vince Ryan has two challengers lining up against him, and DA Kim Ogg has at least one person who has announced interest in challenging her. Most of the county offices available are judicial, though, and now that the local judiciary (other than a few JPs) is entirely Democratic, the path to gaining a bench for yourself is limited if one doesn’t want to take on a Democratic incumbent. I had a conversation about this with some folks recently, and we were debating how many such challenges we may see this year. I thought the number would be relatively small, and I based that on the belief that there weren’t that many primary challenges to Republican judges in recent years. That was my intuition, but I didn’t know the actual numbers at the time. I’ve now had a chance to look through recent primary history, and this is what I found:


Republican judicial primary challenges

2002 - 5
2004 - 0
2006 - 4
2008 - 1
2010 - 1
2014 - 3
2018 - 1

That’s less than I had thought. A couple of notes here. I only looked at the years in which all the incumbents were Republican (so no 2012 or 2016), and I limited myself to district and county courts (so no statewide, appeals courts, or JPs). There were some contested races in years where a jurist had been appointed to complete the term of someone who had stepped down or gotten a promotion – in 2008, there were two such races, in in 2012 there were four, for example – but I put those in a separate category. Basically, from what I found, there were actually very few challenges to sitting judges who had served full term. Make of that what you will.

Now, a couple of caveats here. One possible reason for the lack of challenges to four-year incumbents may be because there often were benches vacated in the middle of someone’s tenure, which allowed for a challenge of someone who had been appointed. These judges presumably felt comfortable stepping down mid-term because they knew their replacement would also be a Republican, with district court judges being appointed by the Governor and county court judges being appointed by Commissioners Court. With the exception of Al Bennett, who was named to a federal bench, no Democratic district court judge has stepped down since the first set were elected in 2008. Some have declined to run for re-election, but no others have given Rick Perry or Greg Abbott the opportunity to pick their interim replacement. County court judges won’t have that concern now, but for the foreseeable future I don’t expect any district court judges to abandon their post before it expires if they can at all help it. That points towards more primary challenges than what we had seen in the past.

In addition, while there was no upward trend in primary challenges over time, I think we’re in a different era now, and I think people will be less squeamish about taking that plunge. Honestly, if there ever was a year to try it, it would be this year, because the extreme turnout expected due to the Presidential race ought to make most of these races pure tossups, and by “tossup” I mean the most important factor will be your ballot position, which is determined by random draw. We’re all going to need to be on guard for low-grade opportunists who hope to luck into a bench. I hope I’m overstating this concern.

Anyway. Unlike for executive offices, I don’t expect judicial challengers to announce themselves this early, but it will be filing season before you know it. What do you think will happen?

The Straus PAC

We’ll see what this does.

Rep. Joe Straus

Former Texas House Speaker Joe Straus, a San Antonio Republican, announced Wednesday he was launching a new political action committee that he said will aim to help him continue to carry out “a thoughtful, responsible approach to governing.”

The group, Texas Forever Forward, will be chaired by Straus, who said in a news release he will contribute $2.5 million from his old campaign account to the new initiative. Former Texas Supreme Court Chief Justice Wallace B. Jefferson will serve as treasurer of the group.

“We are launching this effort because I believe Texas needs leaders who are forward-looking and dedicated to bringing creative, problem-solving ideas to the new challenges our state faces as our population rapidly grows,” Straus said in a statement. “It’s time to unite Texas in civic participation and ensure our next decades are the very best in our long, proud journey.”

[…]

Wednesday’s announcement keeps Straus’ name in the political arena as he leaves the door open to running for higher office in 2022, a person familiar with the former speaker’s thinking told The Texas Tribune.

Texas Forever Forward indicated it will support candidates and causes that align with Straus and his leadership style. A news release states that the group believes that “Texas should embrace diversity and promote inclusive, non-discriminatory policies and laws,” and that “public education is our greatest economic development tool, and it’s critical to make meaningful, sustainable investments in Texas students.”

It’s unclear whether the group plans to wade into GOP primary races — which have been hotly contested in past elections between the centrist and more right-leaning factions of the party — and whether it will support only Republican candidates running for office in 2020. Straus said in an email to supporters Wednesday that he plans to communicate updates on the political action committee as the election cycle heats up.

I think Straus can either support a bunch of candidates with his PAC, or he can gear up to run statewide in 2022. I don’t see a path for him to do both. If he supports any Democrats, even safe-seat Dems that were on his leadership team, he’ll be radioactive in a GOP primary. Bear in mind, he will probably have to oust an incumbent in a GOP primary if he wants a statewide seat, and even if there’s an open seat that interests him the competition will be fierce. If instead he spends a lot of money trying to beat Democrats he’ll lose all of the bipartisan sheen he has, and there will still be Republicans who will hate him as a RINO. The latter path is more viable if he wants to run statewide, but may not be such an asset if current voting trends hold. My guess is that he uses his PAC as an anti-Empower Texans weapon and stays retired from running for office. But the siren song of electoral politics is very alluring, so who knows. Let’s see what he does this cycle first.

Scouting the opposition in CD07

Not impressed so far.

Rep. Lizzie Fletcher

Facing a roomful of conservative voters at a meet-and-greet earlier this month, Republican Wesley Hunt laid out the stakes for his party’s primary in Texas’ 7th Congressional District.

“This is about putting the best candidate forward who can beat Lizzie Fletcher. Period.” Hunt said.

Republican voters still are smarting from their 2018 loss in this suburban west Houston district, where Fletcher, a Democratic Houston energy lawyer, toppled nine-term GOP incumbent John Culberson. Her five-point win flipped the seat blue for the first time since the 1960s, prompting Republicans to take aim at the district almost as soon as Fletcher took office.

The GOP primary field already has come into focus, setting up a clash between Hunt, an Army veteran who works for Perry Homes, and Cindy Siegel, a former Bellaire mayor and METRO board member. Battle lines are sharpening, but not around the two candidates’ conservative bona fides or the strength of their policy proposals. The early contours of the race instead have centered on the question: Who is best positioned to snatch the seat from Fletcher?

Threatening to upend the primary is the potential candidacy of Pierce Bush, CEO of the nonprofit Big Brothers Big Sisters Houston affiliate and grandson of former president George H.W. Bush, who once represented the district.

Bush in an email earlier this month said he still is mulling a run for the seat and has been “flattered by people who are encouraging me to consider running,” though he did not lay out a deadline for a decision.

Meanwhile, both declared Republicans have their electability pitches ready to go. Hunt, 37, contends the party could use a “new generation of leadership,” and he peppers his stump speech with references to his time as a helicopter pilot in the Army, including his combat deployment to Iraq. Siegel, meanwhile, pitches her governing experience serving on Bellaire city council and as mayor, along with a number of boards and commissions.

Also, she contends that it will take a Republican woman to beat Fletcher.

“I feel that way strongly,” the 64-year-old Siegel said. “It’s coming as no surprise to anyone, on a national basis: Women have moved away from the Republican Party.”

[…]

In 2018, Trump’s name did not appear on the ballot, but scores of voters in Texas’ 7th said they viewed the election as a referendum on the president nonetheless. Now, the president’s down-ballot impact is set to become amplified, for better or worse, with his name likely atop the Republican ticket in 2020.

After the president lost the district to Clinton in 2016, 48 to 47 percent, the Democratic Congressional Campaign Committee took notice and weighed in heavily on Fletcher’s behalf, spending north of $3.5 million on the seat in 2018.

This time, House Democrats’ campaign arm again figures to play a heavy role, making early attempts to muddy the GOP waters. When Trump visited Houston in April, for instance, the group sent reporters a news release with the subject line: “With Trump in Houston, How Far Will Hunt and Siegel Go to Win Him Over?”

That last bit is more important than who wins this primary, because whoever it is will have Donald Trump as their running mate. Unless the national mood starts souring on Democrats, I think that’s going to be too big an obstacle to overcome.

Beyond that, it’s just too early to have any opinions about these two, or possibly three, candidates. I fully expect one or two other names to pop up, though whether the field expands like it did on the Democratic side in 2018 I couldn’t say. Given the need to raise funds for this race, time is starting to run out for any other wannabes.

Speaking of fundraising, here’s a data point to note for when Hunt and Siegel file their Q2 finance reports. The top four Dem contenders in CD07 raised $1.2 million combined as of July 2017. Fletcher had the second most, with $365K. The eye-popping early numbers all around the country were a leading indicator of Democratic enthusiasm for the 2018 election. I’ll be very interested to see how things look this time around.

One more thing. What happens to CD07 in the 2021 redistricting cycle. Before the 2018 election, when I figured John Culberson would still be the incumbent, my thinking was that Republicans were going to have to shift some of the district out of Harris County – maybe into Montgomery, maybe into western Fort Bend, maybe northwest into what’s now part of CD10 – to keep it red enough for him. At the very least, they’d have to take some of the bluer-and-bluer inner Harris parts out to keep things in their favor. What happens now if Fletcher wins again? Well, they could try this anyway, to take that seat back by other means. Redistricting doesn’t happen in a vacuum, though, and with CDs 02, 10, and 22 all getting competitive it might be too much to save everyone, especially in a solidly blue Harris County and a much more balanced state as a whole. It would not shock me if the Republicans basically gave up on CD07 and used parts of it to shore up those other districts, especially CD02. That’s more or less what they did with the State House in 2011, making HD133 (which they had lost in 2008) redder while making HDs 137 and 149 bluer. Incumbent protection is still a thing that matters, and in a state with fewer safe Republicans, it may matter more than ever. Just a thought.

Joint primaries

Another potential change to how we vote is in the works.

Diane Trautman

Harris County primary voters could see a big change at the polls in 2020 if local party leaders agree on a new proposal.

Under the current system, voters go to the polls and they’re asked to say which party primary they want to participate in, Republican or Democratic. Voters line up separately. But Harris County Clerk Diane Trautman said Tuesday that combining the lines would be more cost-effective and give voters more privacy.

“You won’t see a Republican party here, Democratic party here. You’ll see one of each at each table, and you’ll have three lines that you could go in,” Trautman said.

Voters would check in at joint primary tables and select one party on an iPad.

“The other thing they’re going to notice is that there aren’t any lines outside the door,” Trautman said. “So that will be refreshing.”

She said the new plan addresses the biggest complaints she hears from voters.

Harris County officials hope to reach an agreement with party leaders by the end of the month. If approved, the new system would be in place for the next primary in March 2020.

The HCDP has agreed to this. The Republicans, not so much.

Harris County Republican Party Chairman Paul Simpson said Texas law allows parties to run their own primary elections, and he is reluctant to cede that role to the county clerk.

“The Democrat county clerk’s proposed joint primary elections would empower the bureaucrats and, worse, let one party’s workers run the other party’s primary election that selects its candidates, running the risk of disenfranchising, inconveniencing, and confusing voters,” Simpson said in a statement.

I actually have some sympathy for Simpson’s position. I have no doubt that if Stan Stanart had proposed this, I’d be suspicious, even with the knowledge that Harris is the only major county in the state that doesn’t hold joint primaries. I’d need to be convinced as a Democratic primary voter, and I’m sure Paul Simpson believes his voters will need to be convinced, too. (He’s on the ballot in 2020 as well, you know.) That said, I hope he goes into the discussion with an open mind. This makes sense on a couple of levels. One, you don’t have to announce your preference in front of strangers, which is the privacy appeal. Sure, anyone with VAN access can look up your record, but how many people do that? It’s also a more efficient use of resources, which should help shorten lines. Again, if there are questions or concerns, then let’s ask the party chairs in the other counties that do it this way, and see what they have to say about it. I’m happy to let Paul Simpson voice his worries, but let’s not be ruled by fear.

A strange way to improve ballot access

Hard not to see partisan motives in this.

Rep. Drew Springer

A bill on track to reach Gov. Greg Abbott’s desk appears designed to make it easier for Green Party candidates and harder for Libertarian candidates to get on the Texas ballot in 2020. Democrats say House Bill 2504 is a ploy by Republicans to boost their reelection bids while siphoning off votes from Democrats.

The bill from state Rep. Drew Springer, R-Muenster, would make two major changes to how candidates with non-major parties run for office in Texas. The bill would require those candidates to either pay filing fees or secure a certain number of signatures to get on a November ballot. It also changes the threshold for guaranteeing a party a place on the ballot. The former provision could lead to fewer Libertarians running in 2020. The latter would mean the Green Party would likely earn a spot on the November ballot that year.

The bill tentatively passed the Senate on Sunday on a party-line 19-12 vote. If the chamber gives it final approval, it will head to the governor’s desk.

Currently in Texas, Democrats and Republicans have to either pay a filing fee or secure a certain number of signatures to get on their party’s primary ballot. Texas filing fees for a candidate range from $75 for county surveyor to $5,000 for U.S. senator.

The Libertarian Party, meanwhile, has avoided those requirements while routinely gaining a spot on the general election ballot by meeting a different threshold: at least one of its candidates has managed to win more than 5% of the vote in a statewide race during the previous election cycle.

Springer’s bill would lower that ballot-access threshold for third parties to 2% of the vote in one of the last five general elections — a bar that the Green Party could also clear. In 2010, the Green Party candidate for comptroller drew 6% of the vote.

[…]

An earlier version of the bill only had the filing fee provision. When the bill reached the House floor earlier this month, Springer proposed an amendment that added the new ballot threshold language. The amendment passed after less than a minute of discussion, catching some House Democrats off guard amid an intense evening session of the House in which dozens of bills were heard.

Springer told The Texas Tribune that he added the floor amendment because the current threshold for parties to gain ballot access “protects the two-party system too much.” It isn’t specifically targeting the Green Party, he said.

“Republicans are not afraid to give Texans more choice,” he added.

Pat Dixon, former state chair of the Texas Libertarian Party, testified against the bill last week at a Senate State Affairs Committee hearing. Dixon said the bill would unfairly force Libertarians to pay filing fees in addition to the cost of their nominating convention.

When Democratic and Republican candidates pay filing fees to run for an office, the money helps pay for the election. Under HB 2504, third-party candidates would pay the same filing fees, but the money would go toward state or local funds, but not funds specifically devoted to running elections.

The obvious partisan motive here is that Green candidates are widely believed to siphon votes away from Democrats, while Libertarians are believed to do the same to Republicans. I have little use for third parties, but the basic principle that ballot access should not be needlessly burdensome is one I support. That said, if the actual Libertarian Party says that this bill will hurt them rather than help them, I think it’s a little difficult to say that the bill is a principled effort to be more inclusive to third parties. I mean, the Libertarians were doing just fine getting their candidates on the ballot under the existing system. Just leave them alone and do no harm, you know?

By the way, when I say that Ls and Gs are “widely believed” to take away votes from Rs and Ds, I mean that’s the accepted wisdom but I’m not aware of any hard research that puts a formula to it. I have my own theories about third party voters, which you can agree with or argue with as you see fit. I do think there’s room for Democrats to minimize the vote share they lose to third parties in statewide races – not just Greens – and it will take one part better candidates, one part better party branding, and one part better outreach, which is another way of saying that they’ll need to have enough resources to ensure that their intended voters have sufficient information about all the candidates on their statewide ballot. It’s possible that in the long run this could lead to fewer votes for Greens statewide, as Dems will be better positioned in the coming years to compete in the downballot races as well as at the top of the ticket. For sure, this bill should be at least as much of an incentive to work harder for the Dems as it is for any other party. And you can be sure that when the votes are all counted in 2020, I’ll look to see what if any effects of this bill I can find.

Dallas lawsuit over candidate eligibility officially mooted

From the inbox:

On Thursday, September 20, 2018, the Fifth Court of Appeals issued an Order in Dallas County GOP v. Dallas County Democratic Party, stating that any relief related to the November election is moot, and that the appeal, therefore, is limited to the propriety of dismissal under Rule 91a and attorney’s fees. Chad Baruch of Johnston, Tobey Baruch Law Firm, one of the attorneys for the Dallas County Democratic Party (the “Democrats”), explained: “This means, effectively, that only the attorney’s fees issue will be considered by the Appellate Court. The case is over as to the November ballot and the eligibility of the candidates.”

During the 2018 Primary, the Dallas County Republican Party (the “Republicans”) filed suit against the Democrats, asking the trial court to remove over 100 Democratic candidates from the ballot. The Republicans claimed that the candidates’ applications were not valid because they had not been personally signed by the Dallas County Democratic Party Chair. Upon review of the pleadings, and after a hearing on the merits, the trial court found that “the Texas Election Code does not impose a manual signature requirement” as alleged by the Republicans. The Court held that the Republicans claims are “moot,” that their party “lacks standing,” and that such claims should be dismissed as “lacking a basis of law.” The trial court also held that the Democrats were entitled to recover, from the Republicans, attorney’s fees in the amount of $41,275.

Carol Donovan, Chair of Dallas County Democratic Party stated, “During this election season, the Republican Party has been filing frivolous lawsuits against Democrats to try to remove candidates from the ballot. It appears that the Republicans are afraid to let the voters decide what persons they want to represent them. Thankfully, the rulings of the courts support democracy.”

See here, here, and here for the background. I didn’t find any news coverage of this, but the case is No. 05-18-00916-CV at the Fifth Court of Appeals, and a link to the court’s order is here. The relevant bits:

Appellants and appellees filed letter briefs as directed. The parties agree that any relief sought regarding the November 6, 2018 general election, including preparation of the ballot and what candidates may or may not appear on the ballot, will be mooted by the election schedule.

Appellants affirmatively state that they “do not request relief related to the general election” and “only seek to appeal relief related to the lower Court’s decision on subject matter jurisdiction; 91(a), and the mandatory attorney’s fees.” Appellants further state that their appeal seeks this Court’s ruling on five issues that are not mooted by the election schedule and relate to the propriety of the lower court’s dismissal under Rule 91a and the award of attorney’s fees.

Appellees concede that appellants may appeal the fees award and that the fees issue is not moot. Appellees did not address, however, whether they dispute appellants’ ability to appeal the propriety of dismissal under Rule 91a.

So, even though the late-in-the-day appeal still sought to argue that DCDP Chair Carol Donovan needed to sign the candidate petitions, in the end all that was argued was whether the case was properly dismissed, and how much is owed to the DCDP in attorneys’ fees. This is what you call ending with a whimper. At least it’s one less thing to worry about before voting begins.

Henry Cuellar does his thing

And it’s annoying as usual.

Rep. Henry Cuellar

A new report has left many Democratic House insiders perplexed and frustrated with one of the most powerful Texas Democrats in Congress: U.S. Rep. Henry Cuellar, D-Laredo.

Politico reported Tuesday that Cuellar had”invited supporters to a breakfast fundraiser” Tuesday morning for U.S. Rep. John Carter, R-Round Rock. The invitation was “sent from a Cuellar political staffer,” according to the report.

“Although I was not a host of the event, I was honored to attend as I typically do for colleagues who visit my district,” Cuellar said in a statement. “Judge Carter is a dear friend and trusted colleague with whom I work on Appropriations. He is knowledgeable and supportive of issues important to South Texas. In today’s climate, more than ever, friendship is more powerful than partisanship.”

Cuellar, who has served in the U.S. House since 2005, has long had a reputation as one of the chamber’s most conservative Democrats. But in both party’s caucuses, actively helping a member of the other party is a highly frowned upon practice.

[…]

Like all other U.S. House members, Cuellar’s party leadership assigns him a set amount of money to raise for their campaign arm each cycle. The House GOP campaign arm has a similar practice. The committees then direct the money for various purposes, but the main one is television advertising in competitive House races around the country.

In 2017, the the Democratic Congressional Campaign Committee assigned Cuellar dues that amounted to $200,000. According to records obtained by the Tribune, Cuellar had paid $400,000 to the committee this cycle as of July. Those dues will go to a massive pot of DCCC money that will, in part, fund ads to support Democratic House candidates – including possibly Hegar if she gains traction in the run up to Election Day.

Cuellar’s gonna Cuellar, he’s been that way since he ousted Ciro Rodriguez in a contentious primary back in 2008. And while Beto O’Rourke has faced some criticism for his ties to Rep. Will Hurd, there’s a world of difference between not lining up behind a fellow member of your party, and actively supporting the election efforts of a member of the other team.

Hegar’s thoughts on this are here. Like I said, Cuellar’s going to do his thing, and to be fair he does deserve credit for ponying up to the DCCC as he has done. Not all members of the caucus do that, including some who can easily afford it. That said, given the energy this year for taking on incumbents who have fallen short in one way or another, one can imagine a more spirited primary challenge for Cuellar in 2020. He’s not going to change who and what he is until he’s given a good reason to believe he needs to change.

#TrumpTruckTweet

I love this.

Deep in the heart of Texas, a billboard truck will soon hit the road with a curated list of President Donald Trump’s tweets — attacks on Sen. Ted Cruz, a former political foe.

Trump popularized the term “Lyin’ Ted” in 2016. But it’s 2018 now, and Democratic voter mobilization and an unlikely challenger have mounted an improbable campaign for a reliably Republican seat.

Trump said an October rally is in the works to lend Cruz support. “I’m picking the biggest stadium in Texas we can find,” Trump said Friday on Twitter.

“Help from the president was long unthinkable in a race that for months looked like a Cruz cakewalk,” the Associated Press reported.

Antonio Arellano, a Houston-based activist and Latino community organizer, thought fellow Texans may need a reminder of how Trump has suggested they vote when Cruz is on the ballot.

He was already in the market for a billboard when he tweeted a doctored image carrying a real Trump tweet from 2016.

[…]

Arellano said the actual billboard will be a mobile truck with two sides, and could carry two different tweets at once, one on each side. The route has not yet been planned, but Arellano said he is exploring where in the state he should dispatch it with the hashtag #TrumpTweetTruck.

The GoFundMe page for this, which is where the embedded image originates, raised more than it asked for and is no longer accepting donations. (Do feel free to give any money you had in mind for this to some candidates.) My guess is that they’ll pick a route once Trump picks a stadium for his pro-Cruz rally, but I’m sure wherever this goes, plenty of people will enjoy seeing it. I look forward to about a million pictures of it on Facebook and Twitter. ThinkProgress and Mother Jones have more.

The rising cost of losing

Womp womp.

The price of losing keeps going up for Republican Kathaleen Wall.

Four months after losing her campaign for Congress, the Houston Republican had to put yet another $150,000 of her own money into her campaign to pay for final expenses related to the race, newly released Federal Election Commission records show.

That pushed the total she spent on her failed campaign for the 2nd Congressional District to just under $6.2 million — the most self-funding any candidate in Texas has put into a campaign for a U.S. House seat since at least the year 2000 and the second highest amount any candidate for the House has spent nationwide this year.

Only Maryland Democrat David Trone has spent more of his own money to campaign for the U.S. House of Representatives this year. Trone, the co-founder of Total Wine & More, has so far spent just over $10.2 million on his campaign. He won his primary last month and faces Republican Amie Hoeber in November.

[…]

Wall’s final report to the FEC showed she needed the extra money for a variety expenses after losing her race, including for online advertising bills that were paid in April.

I know, it’s in poor taste to kick someone when they’re down. But good Lord, those Wall ads on TV were horrible, and you COULD NOT ESCAPE THEM. I’m getting twitchy just thinking about it. She deserves one last raspberry from those of us who had to survive them.

2018 primary runoff results: Congress and Legislature

All results are here. I began drafting this around 9:30 when there were still a bunch of precincts out, but with the exception of the tossup in CD25, all of the Congressional races were pretty clear by then:

CD03: Lorie Burch
CD06: Jana Sanchez
CD07: Lizzie Fletcher
CD10: Mike Siegel
CD21: Joseph Kopser
CD22: Sri Kulkarni
CD23: Gina Ortiz Jones
CD27: Eric Holguin
CD31: MJ Hegar
CD32: Colin Allred

At the time I started writing this, Julie Oliver led in CD25 by 70 votes out of almost 18,000 cast and about three quarters of precincts reporting. Later on, she had pulled out to a five point lead, so add her to the winners’ list as well.

On the legislative side, Rita Lucido was leading in SD17, Sheryl Cole had a modest lead in HD46 with most precincts reporting, Carl Sherman had a much bigger lead in HD109, and longtime Rep. Rene Oliveira had been shown the door.

As for the Republicans, Dan Crenshaw won big in CD02, Lance Gooden won in CD05, so no more Republican women in Congress, Chip Roy and Michael Cloud led in CDs 21 and 27, respectively. The wingnuts in HDs 08 and 121 lost, and incumbent Rep. Scott Cosper lost.

Congratulations to all the winners. I’ll have some more coherent thoughts on all these races in the next day or so.

2018 primary runoff results: Harris County

Here are the election night results, with a handful of precincts still not in as of 11 PM. Most of these races were basically decided once the early voting numbers were in, but one was neck and neck all night. The winners:

District Clerk: Marilyn Burgess
County Clerk: Diane Trautman
County Treasurer: Dylan Osborne
HCDE Position 3 At Large: Richard Cantu (probably)
HCDE Position 6 Precinct 1: Danny Norris
JP Precinct 7: Sharon Burney

Cantu was leading by a score of 25,427 to 25,026 for Josh Wallenstein, with 965 of 1012 precincts reporting. This one swung back and forth – Wallenstein was leading by a few votes as of the 10 PM update – and could still swing again.

Turnout was a smidge over 55K, which is higher than I expected, as about 36% of votes were cast on Tuesday. On the Republican side, turnout was at 50K with 981 of 1012 precincts reporting. One race, for 295th Civil District Court, was too close to call as Michelle Fraga led Richard Risinger 23,477 to 23,419. One bit of good news is that actual public servant Jeff Williams will retain his JP bench in Precinct 5, defeating the troglodyte Michael Wolfe. The downside to that is that Wolfe will remain on the HCDE Board of Trustees, but at least we can fix that in 2020. Congratulations to all the winners. Onward to November.

UPDATE: Got up this morning and Richard Cantu was still the winner in the at large HCDE race, 26,041 to 25,780. That’s a lead that will almost certainly hold up after overseas and provisional ballots are counted. Oh, and final Dem turnout was 57,237, compared to 50,716 on the R side.

Today is Runoff Day

From the inbox:

As the chief election officer of the County, Stan Stanart reminds voters that Tuesday, May 22, is Primary Runoff Election Day.

“Due to consolidation of precincts, many voters will be voting at a new location and are strongly encouraged to visit www.HarrisVotes.com to find their polling location,” Stanart advised. Polls will be open from 7 am to 7 pm. Voters must vote at the designated Election Day poll for the precinct in which they are registered.

According to Stanart, finding your polling location before heading to vote on Election Day is more important than ever due to a decrease in polling locations. “Voter participation on Election Day in Primary Runoff Elections is much lower. As a result, the political parties significantly consolidate many voting precincts into one poll,” informed Stanart.

“The Primary Runoff Elections are a party function. For Election Day, the political parties determine the number of voting locations, where the polls are located, and who runs the polls,” clarified Stanart. For these Primary Runoff Elections, there will be a total of 202 Election Day polling locations: The Democratic Party will have 112 Election Day Polling locations and the Republican Party 89. In contrast, for elections directly administered by the Harris County Clerk’s Office, on Election Day, there are usually over 750 polling locations.

There are a total of thirteen (13) races in the Democratic Party Primary and four (4) in the Republican Party Primary to be decided by the Runoff Election. “Every voter in Harris County is eligible to vote in either the Democratic Party or Republican Party Runoff Election. Still, a voter who participated in the March Primary Election may ONLY vote in the Primary Runoff Election of the same political party,” concluded Stanart.

It is not necessary to have voted in the March Primary Election to vote in one of the Primary Runoff Elections.

For more information about the May 22 Primary Runoff Elections, view a personal sample ballot, or review a list of acceptable forms of identification to vote at the polls, voters may visit www.HarrisVotes.com or call the Harris County Clerk’s office at 713.755.6965.

As I said before, check to see what your precinct location is before you head out. The odds are good you’re not voting at your usual place. I don’t expect it to be terribly crowded wherever you go. I’ll have results tomorrow, and we’ll analyze the data and review where we are going forward.

2018 Runoff EV report: Final totals

Here are your final early voting totals for the 2018 primary runoffs, and here is a handy table with comparisons to previous years.


Year      March   Runoff    Pct
===============================
2018 R  156,387   33,768  21.6%
2018 D  167,982   33,706  20.1%

2016 R  329,768   39,128  11.9%
2016 D  227,280   30,334  13.3%

2014 R  139,703   96,763  69.3%
2014 D   53,788   18,828  35.0%

2012 R  163,980  136,040  83.0%
2012 D   79,486   29,912  37.6%

2010 R  159,821   43,014  26.9%
2010 D  101,263   15,225  15.0%

2008 R  171,108   40,587  23.7%
2008 D  410,908    9,670   2.4%

2006 R   82,989   10,528  12.7%
2006 D   35,447   13,726  38.7%

Democrats had more mail ballots – 18,106 to 15,837 – while more Rs showed up in person, 17,931 to 15,600. Based on recent primary runoffs, I’d say somewhere between two thirds and three quarters of the vote has already happened, so figure the final turnout numbers to be in the 45,000 to 50,000 range. Democrats did surpass their high-water mark for primary runoff turnout during the EV period as expected, while this looks like a more or less normal year for Republicans. If you are voting on Tuesday, check to see where your polling place is before you head out. I’ll have results from the final vote on Wednesday.

2018 Runoff EV report: Primary runoff turnout totals don’t much matter

Hey, have you been wondering how early voting has gone in the primary runoffs so far? Well, wonder no more, for here is the daily report through Wednesday. You have today and tomorrow to vote early, and then you’ll need to find a precinct location on Tuesday the 22nd. In the meantime, here’s a look at how this year so far compares to past runoffs:


Year      March   Runoff    Pct
===============================
2018 R  156,387   24,172* 15.5%*
2018 D  167,982   24,567* 14.6%*

2016 R  329,768   39,128  11.9%
2016 D  227,280   30,334  13.3%

2014 R  139,703   96,763  69.3%
2014 D   53,788   18,828  35.0%

2012 R  163,980  136,040  83.0%
2012 D   79,486   29,912  37.6%

2010 R  159,821   43,014  26.9%
2010 D  101,263   15,225  15.0%

2008 R  171,108   40,587  23.7%
2008 D  410,908    9,670   2.4%

2006 R   82,989   10,528  12.7%
2006 D   35,447   13,726  38.7%

The starred 2018 values are incomplete, obviously. So what have we learned? One, there’s basically zero correlation between primary turnout and primary runoff turnout. This shouldn’t be a surprise, since in theory there need not be any runoffs in a given year. When there’s a Dewhurst-Cruz or a Dewhurst-Patrick, you may have good runoff turnout. When there isn’t – in 2008, the Dems had runoffs for Railroad Commissioner, a district court judge, and a Justice of the Peace; in 2010, they had three district court judges plus a JP – turnout falls off accordingly. Nor does turnout in either the primary or the runoffs predict November outcomes. Maybe that will begin to change, if Democrats have more contested primaries and put more emphasis on them. Maybe it will continue to be random. Ask me again in eight or ten years.

As far as 2018 goes, the Democratic edge comes from a nearly 2,000 vote advantage in absentee ballots. Republicans have had more in person voters each day, but not enough to close that gap. As is usually the case, I expect today and Friday to be heavier on the in person votes – I myself will be voting Friday – so we’ll see if that pattern holds. Note that after three days of early voting, the Dem turnout level is already above the final totals except 2016 and 2012, and I think it’s safe to say those will be topped when all is said and done. Again, there’s no evidence to suggest this has mattered historically, but you can at least have all this in your back pocket for when you see the inevitable carping about runoff turnout. This is where we are now. I’ll report back after the final EV totals are in.